Barona Band of Mission Indians Land Transfer Clarification Act of 2012

Mr. President, I rise today to introduce legislation that will correct an error in the Native American Technical Corrections Act of 2004.

The intent of section 121 of the 2004 law was to put a parcel on the northern edge of the Barona reservation, in San Diego County, into trust for the tribe. Unfortunately the bill identified a parcel on the southern edge of the reservation and put that in trust.

The mistake is compounded by the fact that the land north of the reservation is owned by a non-Indian property owner. The landowner now cannot sell or modify his property without permission from the tribe and the Department of the Interior.

The Barona Band of Mission Indians Land Transfer Clarification Act corrects this mistake.

The bill removes the private property on the northern side of the reservation from trust status; and the bill places the correct parcel in trust for the Barona tribe on the southern edge of the reservation.

The Barona Land Transfer Clarification Act closely follows an agreement brokered by Congressman Duncan Hunter and his staff. Congressman Hunter, and former Congressman Duncan Hunter, Sr. before him, brought the Band, the County of San Diego and the neighboring homeowners to the negotiating table.

The agreement they reached, embodied in this legislation, is a product of compromise. The end product is something that everyone agrees is better than the status quo. That is how compromise works.

The Tribe supports the legislation. The Homeowners and the County have reviewed and approved the language.

For the County and Homeowners, the findings section is the most important part of the bill.

This section addresses the ongoing water dispute between the tribe and its neighbors.

The fourth finding is particularly important if--the tribe uses the land to bring additional water into the area, the effort is only authorized if it also addresses the water needs of the neighboring off- reservation property.

Homeowners in the area have noticed diminished groundwater supplies in recent years, and they have looked to the tribe to help resolve the issue. In this arid part of the State, this is a significant concession on the part of the Tribe, and it is the cornerstone of the entire agreement.

I am hopeful that we can quickly pass this legislation and undo this unfortunate mistake. By enacting the Barona Land Transfer Clarification Act, all parties will gain some certainty that their issue will be resolved.

Finally, I am proud that my colleague from California Senator Boxer, and Senate Indian Affairs Committee Chairman Daniel Akaka have joined me as original cosponsors.

Once this legislation is sent over to the House, I know that Congressman Hunter and the San Diego Delegation stand ready to join our fight to resolve this issue.

This strong, bi-partisan, bi-cameral support gives me confidence that this simple, straightforward piece of legislation is one that the Senate can pass very quickly.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation that will correct an error in the Native American Technical Corrections Act of 2004.

The intent of section 121 of the 2004 law was to put a parcel on the northern edge of the Barona reservation, in San Diego County, into trust for the tribe. Unfortunately the bill identified a parcel on the southern edge of the reservation and put that in trust.

The mistake is compounded by the fact that the land north of the reservation is owned by a non-Indian property owner. The landowner now cannot sell or modify his property without permission from the tribe and the Department of the Interior.

The Barona Band of Mission Indians Land Transfer Clarification Act corrects this mistake.

The bill removes the private property on the northern side of the reservation from trust status; and the bill places the correct parcel in trust for the Barona tribe on the southern edge of the reservation.

The Barona Land Transfer Clarification Act closely follows an agreement brokered by Congressman Duncan Hunter and his staff. Congressman Hunter, and former Congressman Duncan Hunter, Sr. before him, brought the Band, the County of San Diego and the neighboring homeowners to the negotiating table.

The agreement they reached, embodied in this legislation, is a product of compromise. The end product is something that everyone agrees is better than the status quo. That is how compromise works.

The Tribe supports the legislation. The Homeowners and the County have reviewed and approved the language.

For the County and Homeowners, the findings section is the most important part of the bill.

This section addresses the ongoing water dispute between the tribe and its neighbors.

The fourth finding is particularly important if--the tribe uses the land to bring additional water into the area, the effort is only authorized if it also addresses the water needs of the neighboring off- reservation property.

Homeowners in the area have noticed diminished groundwater supplies in recent years, and they have looked to the tribe to help resolve the issue. In this arid part of the State, this is a significant concession on the part of the Tribe, and it is the cornerstone of the entire agreement.

I am hopeful that we can quickly pass this legislation and undo this unfortunate mistake. By enacting the Barona Land Transfer Clarification Act, all parties will gain some certainty that their issue will be resolved.

Finally, I am proud that my colleague from California Senator Boxer, and Senate Indian Affairs Committee Chairman Daniel Akaka have joined me as original cosponsors.

Once this legislation is sent over to the House, I know that Congressman Hunter and the San Diego Delegation stand ready to join our fight to resolve this issue.

This strong, bi-partisan, bi-cameral support gives me confidence that this simple, straightforward piece of legislation is one that the Senate can pass very quickly.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. Speaker, due to a family matter requiring my presence in New Mexico, I was not able to be present for a number of votes on the House floor this week.

Had I been present for rollcall vote No. 627, on motion to suspend the rules and pass H.R. 4606, to authorize the issuance of right-of-way permits for natural gas pipelines in Glacier National Park, and for other purposes, as amended, I would have voted ``aye.''

Had I been present for rollcall vote No. 628, on motion to suspend the rules and pass S. 3193, the Barona Band of Mission Indians Land Transfer Clarification Act of 2012, I would have voted ``aye.''

Had I been present for rollcall vote No. 629, on motion to suspend the rules and pass H.R. 6504, the Small Business Investment Company Modernization Act of 2012, I would have voted ``aye.''

Had I been present for rollcall vote No. 630, on motion to suspend the rules and agree to the Senate Amendment on H.R. 3783, an act to provide for a comprehensive strategy to counter Iran's growing hostile presence and activity in the Western Hemisphere, and for other purposes, I would have voted ``aye.''

Had I been present for rollcall vote No. 631, on motion to suspend the rules and pass H.R. 6621, to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code, as amended, I would have voted ``aye.''

Had I been present for rollcall vote No. 632, on motion to suspend the rules and pass S. 3642, the Theft of Trade Secrets Clarification Act, I would have voted ``aye.''

Had I been present for rollcall vote No. 633, on motion to suspend the rules and pass H.R. 6672, to reauthorize certain programs under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with respect to public health security and all-hazards preparedness and response and for other purposes, I would have voted ``aye.''

Had I been present for rollcall vote No. 634, on motion to suspend the rules and pass H.R. 1845, the Medicare IVIG Access Act, I would have voted ``aye.''

Had I been present for rollcall vote No. 635, on motion to suspend the rules and agree to H. Res. 668, to refer H.R. 5862, a bill making congressional reference to the United States Court of Federal Claims pursuant to sections 1492 and 2509 of title 28, United States Code, the Indian trust-related claims of the Quapaw Tribe of Oklahoma as well as its individual members, as amended, I would have voted ``aye.''

Had I been present for rollcall vote No. 636, on the motion to suspend the rules and pass H.R. 6655, the Protect Our Kids Act, I would have voted ``aye.''

Had I been present for rollcall vote No. 637, on the motion to suspend the rules and pass S. 3564, the Public Interest Declassification Board Reauthorization Act, I would have voted ``aye.''

Had I been present for rollcall vote No. 638, on the motion to suspend the rules and pass H.R. 6016, the Government Employee Accountability Act, as amended, I would have voted ``aye.''

Mr. Speaker, I move to suspend the rules and pass 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.

Mr. Speaker, I also ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

I yield myself such time as I may consume.

This particular bill corrects an error that was made in 2004 under an act of Congress under which land that was intended to be placed in trust for the Barona Band of Mission Indians in California. That law that was improperly written--amazing--gave a written legal description of the trust land that contained several mistakes. The unfortunate result was to put Congress on record as declaring that non-Indian private property is to be held in trust rather than the tribe's property.

This action placed a cloud on the title of the non-Indians' property and frustrated the tribe's effort to use the lands that Congress intended to place in trust for its benefit. However, this lagan attached to a buoy is able to be retrieved at this time and fixed in this particular piece of legislation.

Senate bill 3193 corrects this error, clearing the title to the non- Indians' property and affirming the trust status of the correct lands. The subcommittee on the Interior and Alaskan Native Affairs held a legislative hearing on the bill, which the director of the BIA and the Barona Band affirmed that this bill does, indeed, solve these issues; and we have heard no objections in the course of this bill to this particular bill.

I want to commend the efforts of the gentleman from California, Congressman Duncan Hunter. Mr. Hunter has been instrumental in working with the tribe, the surrounding community, the sponsor, and the Natural Resources Committee to bring this bill to the final legislative step before sending it to the President for signing. I also want to thank him for allowing a Senate bill to be part of the solution so that they can actually do something over there.

This is a noncontroversial bill, I urge my colleagues to pass it, and I reserve the balance of my time.

Once again, I'm the only speaker we have over here, and I'm prepared to close when the gentleman from the Northern Mariana Islands is.

Mr. Speaker, this is another bill that is noncontroversial. It solves a problem that should have been solved a long time ago, and I urge my colleagues to vote for it.

With that, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I rise today in support of S. 3193, which amends the Native American Technical Corrections Act of 2004 to revise the description of the land to be held in trust for the Barona Band of Mission Indians of California. This noncontroversial bill states that the parcel of private, non-Indian land that is excluded from the revised description was not intended to be held in trust for the Band or considered to be part of its reservation.

As a member of the Native American Caucus, I have worked with my colleagues in Congress to address the needs of Native Americans. California is home to nearly one hundred federally recognized tribes. I have made it a priority of mine in Congress to safeguard the interests of our tribes.

After thousands of years of peaceful life in the region, known today as San Diego County, Native American life was abruptly changed in the late 1700s. More than 200 years of hardship for Native Americans began with the arrival of the Spanish military and the establishment of the first presidio and mission in 1769.

In 1875, the Federal Government established the Capitan Grande Reservation for the native people living in the area at that time. About 40 years later in 1932, the city literally bought the Capitan Grande Reservation to build a reservoir and the people were removed from their land.

In 1932, without a homeland but with some Federal monies allotted from the sale, a group of the Capitan Grande tribal members purchased the Barona Ranch which today is the Barona Indian Reservation near Lakeside, about 30 miles northeast of San Diego. For many years living without electricity and other services, the tribal members tried to create a living through the ranch and farming.

Until the early 1990s, the Barona Tribe was still struggling economically in the backwoods of San Diego County. In 1994, the tribe, with the consulting guidance of Venture Catalyst, opened the Barona Casino ``Big Top'', and this property eventually became the world-class Barona Valley Ranch Resort and Casino.

The casino has become the means to a restoration of self-sufficiency, prosperity and renewed hope. Unemployment and welfare dependency have dropped from 70 percent to zero on the Barona reservation.

Mr. Speaker, the Barona Band of Mission Indians has a long and strong tradition that continues to this day. I urge my colleagues to join me in supporting this legislation.