[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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