[House Report 112-702]
[From the U.S. Government Publishing Office]


112th Congress  }                                            {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                            {  112-702

======================================================================



 
 BARONA BAND OF MISSION INDIANS LAND TRANSFER CLARIFICATION ACT OF 2012

                                _______
                                

 December 17, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3193]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the 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, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 3193 is to make technical corrections to 
the legal description of certain land to be held in trust for 
the Barona Band of Mission Indians.

                  Background and Need for Legislation

    S. 3193 corrects an erroneous legal description for land 
placed in trust for the benefit of the Barona Band of Mission 
Indians pursuant to a 2004 Act of Congress. Because of this 
error, a non-Indian's private land located in another place was 
wrongly declared to be held in trust. The bill clarifies the 
legal description of the tribe's trust land, and removes all 
doubt relating to the specific parcels of land that Congress 
has placed in trust for the tribe. The bill further clarifies 
the exclusion of the non-Indian's private property from any 
federal trust status, stating that it was never the intent of 
Congress to hold any property under the 2004 Act in trust 
except that owned by the Barona Band. Under S. 3193, a 
prohibition on gaming inserted in the 2004 Act with respect to 
the tribe's trust land remains in effect.
    The Barona Band of Mission Indians is a federally 
recognized tribe with a reservation located in San Diego 
County, California. Section 121 of the Native American 
Technical Corrections Act of 2004 (Public Law 108-204) placed 
certain lands in San Diego County in trust for the Barona Band 
of Mission Indians ``for the construction, operation and 
maintenance of a pipeline and related appurtenances and 
facilities for conveying water from the San Vicente Reservoir 
to the Barona Indian Reservation, or for conservation, wildlife 
or habitat protection, or related purposes.'' According to S. 
Rept. 108-049 accompanying S. 523 (the originating bill), the 
trust lands are intended for ``building a water pipeline to 
assist both the Federal and local fire service by providing a 
water supply that can be used for any fire suppression 
activities.''
    Soon after the enactment of S. 523 in 2004, it was 
determined that the legal description of some of the property 
intended to be held in trust for the tribe contained an error. 
As a result, private land owned by a non-Indian was 
inadvertently declared to be held in trust by the U.S., thereby 
clouding title to his property. According to a September 19, 
2007, letter to Senator Dianne Feinstein from the San Diego 
County Assessor/Recorder/County Clerk, an act of Congress was 
needed to ensure the correct tribal lands are placed in trust; 
the error could not be administratively rectified.
    S. 3193 corrects the legal description of the Barona Band's 
trust property and clarifies it was not the intent of Congress 
to hold the non-Indian's property in trust. The original 
purposes of the trust land acquisition, and the existing 
prohibition on gaming on it under Section 121(c) of the 2004 
statute, are unchanged. The gaming prohibition contained in the 
2004 Act remains in effect on the trust land as corrected by S. 
3193.
    In the House, a hearing was held on S. 3193 on December 4, 
2012, in the Subcommittee on Indian and Alaska Native Affairs 
of the Committee on Natural Resources. Witnesses included 
Representative Duncan Hunter (R-CA), who represents the Barona 
Band and the lands affected by S. 3193, the Director of the 
Bureau of Indian Affairs, and the Chairman of the Barona tribe. 
The Congressman and the two witnesses expressed unqualified 
support for enactment of S. 3193. The Director of the Bureau 
affirmed for the record that the Department of the Interior 
``finds the legal land descriptions in the bill to be 
correct.'' (Prepared written testimony of Mike S. Black, 
Director, Bureau of Indian Affairs, December 4, 2012).

                            Committee Action

    S. 3193 was introduced on May 16, 2012, by Senator Dianne 
Feinstein (D-CA). On September 22, 2012, the bill passed the 
Senate by unanimous consent with an amendment. The bill was 
then referred to the Committee on Natural Resources, and within 
the Committee to the Subcommittee on Indian and Alaska Native 
Affairs. On December 4, 2012, the Subcommittee held a hearing 
on the bill. On December 5, 2012, the Full Resources Committee 
met to consider S. 3193. The Subcommittee on Indian and Alaska 
Native Affairs was discharged by unanimous consent. No 
amendments were offered to the bill and the bill was adopted 
and ordered favorably reported to the House of Representatives 
by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

S. 3193--Barona Band of Mission Indians Land Transfer Clarification Act 
        of 2012

    S. 3193 would amend the legal description of lands taken 
into federal trust for the benefit of the Barona Band of 
Mission Indians in California. The amendment would exclude 
private property that was originally included when the lands 
were taken into trust under the Native American Technical 
Corrections Act of 2004. Based on information provided by the 
Department of the Interior, CBO estimates that the act would 
have no significant impact on the federal budget. Enacting S. 
3193 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    S. 3193 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On July 13, 2012, CBO transmitted a cost estimate for S. 
3193, the Barona Band of Mission Indians Land Transfer 
Clarification Act of 2012, as ordered reported by the Senate 
Committee on Indian Affairs on June 28, 2012. The two pieces of 
legislation are nearly identical, and the estimated costs are 
the same.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Department of the Interior, CBO 
estimates that the act would have no significant impact on the 
federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to make technical corrections to the 
legal description of certain land to be held in trust for the 
Barona Band of Mission Indians.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

           NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2004




           *       *       *       *       *       *       *
 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS




           *       *       *       *       *       *       *
       Subtitle B--Other Provisions Relating to Native Americans


SEC. 121. BARONA BAND OF MISSION INDIANS; FACILITATION OF CONSTRUCTION 
                    OF PIPELINE TO PROVIDE WATER FOR EMERGENCY FIRE 
                    SUPPRESSION AND OTHER PURPOSES.

  (a) * * *
  [(b) Land.--The land referred to in subsection (a) is land 
comprising approximately 85 acres in San Diego County, 
California, and described more particularly as follows: San 
Bernardino Base and Meridian; T. 14 S., R. 1 E.; sec. 21: W\1/
2\ SE\1/4\, 68 acres; NW\1/4\ NW\1/4\, 17 acres.]
  (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) SW1/4 SW1/4, excepting the north 475 
                feet;
                  (B) W1/2 SE1/4 SW1/4, excepting the north 475 
                feet;
                  (C) E1/2 SE1/4 SW1/4, excepting the north 350 
                feet; and
                  (D) the portion of W1/2 SE1/4 that lies 
                southwesterly of the following line: Beginning 
                at the intersection of the southerly line of 
                said SE1/4 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 
                SE1/4.
          (2) The approximately 17.02 acres located in Section 
        28 and described as NW1/4 NW1/4, excepting the east 750 
        feet.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                                  
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