[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Senate]
[Page S6670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAKING TECHNICAL CORRECTIONS TO LEGAL DESCRIPTION OF CERTAIN LAND
Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 498, S. 3193.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3193) to make technical corrections to the legal
description of certain land, to be held in trust for the
Barona Band of Mission Indians, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. PRYOR. Mr. President, I ask unanimous consent that the Akaka
amendment, which is at the desk, be agreed to, the bill, as amended, be
read a third time and passed, the motion to reconsider be laid upon the
table, with no intervening action or debate, and that any related
statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2864) was agreed to, as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Barona Band of Mission
Indians Land Transfer Clarification Act of 2012''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the legal description of land previously taken into
trust by the United States for the benefit of the Barona Band
of Mission Indians may be interpreted to refer to private,
nontribal land;
(2) there is a continued, unresolved disagreement between
the Barona Band of Mission Indians and certain off-
reservation property owners relating to the causes of
diminishing native groundwater;
(3) Congress expresses no opinion, nor should an opinion of
Congress be inferred, relating to the disagreement described
in paragraph (2); and
(4) it is the intent of Congress that, if the land
described in section 121(b) of the Native American Technical
Corrections Act of 2004 (118 Stat. 544) (as amended by
section 3) is used to bring water to the Barona Indian
Reservation, the effort is authorized only if the effort also
addresses water availability for neighboring off-reservation
land located along Old Barona Road that is occupied as of the
date of enactment of this Act by providing guaranteed access
to that water supply at a mutually agreeable site on the
southwest boundary of the Barona Indian Reservation.
(b) Purposes.--The purposes of this Act are--
(1) to clarify the legal description of the land placed
into trust for the Barona Band of Mission Indians in 2004;
and
(2) to remove all doubt relating to the specific parcels of
land that Congress has placed into trust for the Barona Band
of Mission Indians.
SEC. 3. LAND TRANSFER.
Section 121 of the Native American Technical Corrections
Act of 2004 (Public Law 108-204; 118 Stat. 544) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Description of Land.--The land referred to in
subsection (a) is land comprising approximately 86.87 acres
in T. 14 S., R. 1 E., San Bernardino Meridian, San Diego
County, California, and described more particularly as
follows:
``(1) The approximately 69.85 acres located in Section 21
and described as--
``(A) SW\1/4\ SW\1/4\, excepting the north 475 feet;
``(B) W\1/2\ SE\1/4\ SW\1/4\, excepting the north 475 feet;
``(C) E\1/2\ SE\1/4\ SW\1/4\, excepting the north 350 feet;
and
``(D) the portion of W\1/2\ SE\1/4\ that lies southwesterly
of the following line: Beginning at the intersection of the
southerly line of said SE\1/4\ of Section 21 with the
westerly boundary of Rancho Canada De San Vicente Y Mesa Del
Padre Barona as shown on United States Government Resurvey
approved January 21, 1939, and thence northwesterly along
said boundary to an intersection with the westerly line of
said SE\1/4\.
``(2) The approximately 17.02 acres located in Section 28
and described as NW\1/4\ NW\1/4\, excepting the east 750
feet.''; and
(2) by adding at the end the following:
``(d) Clarifications.--
``(1) Effect on section.--The provisions of subsection (c)
shall apply to the land described in subsection (b), as in
effect on the day after the date of enactment of the Barona
Band of Mission Indians Land Transfer Clarification Act of
2012.
``(2) Effect on private land.--The parcel of private, non-
Indian land referenced in subsection (a) and described in
subsection (b), as in effect on the day before the date of
enactment of the Barona Band of Mission Indians Land Transfer
Clarification Act of 2012, but excluded from the revised
description of the land in subsection (b) was not intended to
be--
``(A) held in trust by the United States for the benefit of
the Band; or
``(B) considered to be a part of the reservation of the
Band.''.
The bill (S. 3193), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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