[Senate Report 112-207]
[From the U.S. Government Publishing Office]
Calendar No. 498
112th Congress Report
SENATE
2d Session 112-207
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A BILL 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
_______
August 28, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of August 2, 2012
_______
Mr. Akaka, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 3193]
The Committee on Indian Affairs, to which 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, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 3193 is to amend the Native American
Technical Corrections Act of 2004 (Public Law 108-204; 118
Stat. 544) to revise the description of the land to be held in
trust for the Barona Band of Mission Indians of California to
remove any doubt relating to the specific parcels of land that
Congress has placed into trust, so that private, non-Indian
land excluded from the revised description will not be
considered to be held in trust for the Band or considered to be
part of its reservation.
Background
Among other provisions, the Native American Technical
Corrections Act of 2004 includes a provision that declares a
certain described parcel of land to be held in trust by the
United States for the benefit of the Barona Band of Mission
Indians, for the purposes of construction of a pipeline for
conveying water to the Band's reservation and other stated
purposes. The intent of section 121 of the 2004 Act was to put
certain lands held by the Band in fee into trust status for the
benefit of the Band. Unfortunately, the Act misidentified the
lands in question, creating uncertainty as to which lands were
to be held in trust.
Need for the Legislation
The erroneous legal description of the land set forth in
section 121 of Pub. L. 108-204 appears to affect the title to
land of another landowner, who is reportedly unable to sell or
modify his property without permission from the Band and the
Department of the Interior, nor can the Band proceed with its
plans to construct the pipeline. This legislation is needed to
correct the erroneous legal description and clear title to the
landowner's and the Band's respective properties.
Legislative History
On May 16, 2012, Senator Feinstein, for herself, Senator
Boxer and Senator Akaka, introduced S. 3193, which was referred
to the Committee on Indian Affairs.
Section-by-Section Analysis
Section 1. Short title
This section states that the short title of the Act is the
``Barona Band of Mission Indians Land Transfer Clarification
Act of 2012.''
Section 2. Findings; purposes
This section lays out Congressional findings including that
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,
and that there is an unresolved disagreement between the Barona
Band of Mission Indians and certain off-reservation property
owners relating to the causes of diminishing native
groundwater. This section further states the purpose of the
Act.
Section 3. Land transfer
This section amends the Native American Technical
Corrections Act of 2004 by making technical and clarifying
changes to the definition of ``Land'' and clarifying the intent
of the original enactment in 2004.
Committee Recommendation and Tabulation of Vote
In an open business meeting on June 28, 2012, the Committee
on Indian Affairs, by voice vote, adopted S. 3193 and ordered
the bill reported to the Senate, with the recommendation that
the Senate do pass S. 3193 as reported.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated July 13, 2012, was prepared
for S. 3193:
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 to exclude private property that
was included in the lands 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 bill 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.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill evaluate
the regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that the
regulatory impact of S. 3193 will be minimal.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 3193.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 3193 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets; new matter is printed in italic; existing law in
which no change is proposed is shown in roman):
SEC. 121. BARONA BAND OF MISSION INDIANS; FACILITATION OF CONSTRUCTION
OF PIPELINE TO PROVIDE WATER FOR EMERGENCY FIRE
SUPPRESSION AND OTHER PURPOSES.
(a) In General.--Notwithstanding any other provision of
law, subject to valid existing rights under Federal and State
law, and to any easements or similar restrictions which may be
granted to the city of San Diego, California, 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, the land described in subsection (b), fee title to
which is held by the Barona Band of Mission Indians of
California (referred to in this section as the ``Band'')--(1)
is declared to be held in trust by the United States for the
benefit of the Band; and (2) shall be considered to be a
portion of the reservation of the Band.
[(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.14S., R.1E.; 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
San Diego County, California, and described more particularly
as follows: T.14S., R.1E. San Bernardino Meridian; Section 21,
SW\1/4\ SW\1/4\, excepting the north 475 ft.; W\1/2\ SE\1/4\
SW\1/4\, excepting the north 475 ft.; E\1/2\ SE\1/4\ SW\1/4\,
excepting the north 350 ft.; Together with that portion W\1/2\
SE\1/4\, lying southwesterly of the following line: Beginning
at the intersection of the southerly line of said SE\1/4\
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; thence
northwesterly along said boundary to an intersection with the
westerly line of said SE\1/4\; containing 68.75 acres more or
less; Section 28, NW\1/4\ NW\1/4\ , excepting the east 750 ft.;
containing 17.02 acres more or less.
(c) Gaming.--The land taken into trust by subsection (a)
shall neither be considered to have been taken into trust for
gaming, nor be used for gaming (as that term is used in the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
(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.