[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 112-232
112th Congress
An Act
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. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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:
[[Page 1622]]
``(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.''.
Approved December 28, 2012.
LEGISLATIVE HISTORY--S. 3193:
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HOUSE REPORTS: No. 112-702 (Comm. on Natural Resources).
SENATE REPORTS: No. 112-207 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 21, considered and passed Senate.
Dec. 17, considered and passed House.