In the nature of a substitute.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 2864. Mr. PRYOR (for Mr. Akaka) proposed an amendment to 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.

       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--

[[Page S6653]]

       ``(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.''.
                                 ______