[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.

                                  
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