[Senate Report 115-326]
[From the U.S. Government Publishing Office]
Calendar No. 559
115th Congress } { Report
SENATE
2d Session } { 115-326
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TO REAFFIRM THE ACTION OF THE SECRETARY OF THE INTERIOR TO TAKE LAND
INTO TRUST FOR THE BENEFIT OF THE SANTA YNEZ BAND OF CHUMASH MISSION
INDIANS, AND FOR OTHER PURPOSES
_______
August 23, 2018.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1491]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (H.R. 1491) to reaffirm the action of the Secretary of the
Interior to take land into trust for the benefit of the Santa
Ynez Band of Chumash Mission Indians, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends the bill do pass.
PURPOSE
The purpose of the bill is reaffirm the Secretary of the
Interior's decision which placed in trust certain land which is
located in the County of Santa Barbara, California, for the
benefit of the Santa Ynez Band of Chumash Mission Indians.
BACKGROUND
The Santa Ynez Band of Chumash Mission Indians (Chumash
Tribe), a federally recognized tribe, is located in the County
of Santa Barbara (County), California. In 1901, 99-acres of
land was used to establish the Santa Ynez reservation for the
Chumash Tribe. Over time, the Chumash Tribe secured funding to
build a limited number of homes on their reservation.
In 2010, the Chumash Tribe purchased 1,427.28 acres of
land, known as Camp 4, to address its housing shortage. With
the intent of filing an application for the Bureau of Indian
Affairs (BIA) within the U.S. Department of the Interior to
take Camp 4 into trust, the Chumash Tribe delivered a
cooperative agreement to the County. After two years of
negotiations with the County, in 2013, the Chumash Tribe filed
a fee to trust application for Camp 4 with the BIA. Later that
same year, the County ceased negotiations with the Chumash
Tribe over the proposed cooperative agreement.
On December 24, 2014, the BIA Pacific Regional Director
(Regional Director) issued a notice of decision to accept Camp
4 into trust for the Chumash Tribe. In 2015, eight appeals were
filed with the Interior Board of Indian Appeals (IBIA) against
the Regional Director's determination to take Camp 4 into
trust. Assistant Secretary--Indian Affairs, Kevin Washburn,
exercised his authority under 25 C.F.R. Sec. 2.20 to assume
jurisdiction over the Camp 4 determination and consolidated the
appeals.
While awaiting appeal in the IBIA, in 2016, the Chumash
Tribe submitted a revised cooperative agreement to the County
that addressed the County's concerns with the Camp 4
acquisition. The County suspended its Ad Hoc meetings which had
been held to discuss the cooperative agreement. The County then
engaged in further negotiations regarding the cooperative
agreement with the Chumash Tribe.
In 2017, the Chumash Tribe proposed a cooperative agreement
that the County accepted and entered into a memorandum of
agreement (MOA) over Camp 4. Pursuant to the MOA, the Tribe
agreed to comply with the development proposal set forth in the
final Environmental Assessment and Finding of No Significant
Impact, including completing any required mitigation measures
and refraining from constructing any buildings within 985 feet
of Highway 154. The Tribe agreed to a limited waiver of its
sovereign immunity and to dispute resolution procedures for the
County to enforce the MOA, and committed to annual payments to
mitigate the financial and public service impacts of the
development. The MOA remains in effect until December 31, 2040.
Meanwhile, on January 19, 2017, the IBIA issued a decision
(Decision) on the Camp 4 appeal that affirmed the Regional
Director's determination, authorized the Regional Director to
accept Camp 4 in trust for the Chumash Tribe, and stated that
the Decision was final and in accordance with 25 C.F.R. Sec.
2.20(c).\1\ On July 13, 2017, Acting Assistant Secretary--
Indian Affairs, Michael S. Black, dismissed all administrative
appeals.\2\ In response to the Decision, the County and other
parties filed suit in the U.S. District Court for the Central
District of California.\3\
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\1\Action by the Assistant Secretary--Indian Affairs on appeal, 25
C.F.R. Sec. 2.20(c) (2017).
\2\Order Dismissing Administrative Appeals, Kramer, et al. v.
Principal Deputy Assistant Secretary--Indian Affairs (AS-IA) (filed
July 13, 2017).
\3\Id.
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On October 13, 2017, the Chumash Tribal General Council
voted to approve entering the MOA with the County. On October
31, 2017, the County Board of Supervisors approved the MOA on
Camp 4 and authorized its signing. Pursuant to 25 U.S.C. Sec.
81, the Secretary of the Interior approved the MOA which is now
considered effective.\4\ On November 1, 2017, the County
withdrew its lawsuit against the Bureau of Indian Affairs over
the Camp 4 trust acquisition.
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\4\25 U.S.C. Sec. 81 (1958), amended by Indian Tribal Economic
Development and Contract Encouragement Act of 2000, Pub. L. No. 106-
179, 114 Stat. 46, 46-7 (2000).
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On November 1, 2017, the County sent a letter to
Representative McCarthy expressing its support for H.R. 1491.
Within this letter, the County stated that it ``reached a
settlement resolving the County's related litigation . . .
[and] no longer takes issue with the FONSI/Final EA or fee-to-
trust decision, and supports the Tribe's pursuit of tribal
housing and facilities development.''\5\ Furthermore, the
letter ends with, ``the County encourages the Congress to enact
[H.R. 1491] without delay.''\6\
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\5\Letter from Joan Hartmann, Chair, Santa Barbara Cnty. Bd. of
Supervisors, to Rep. Kevin McCarthy, Majority Leader, U.S. H.R. (Nov.
1, 2017).
\6\Id.
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On April 24, 2018, Representative LaMalfa sent a letter to
Senator Hoeven expressing his support for the timely passage of
H.R. 1491. On June 4, 2018, Senators Feinstein and Harris sent
a letter to Senators Hoeven and Udall expressing their
appreciation for holding a legislative hearing on H.R. 1491 and
asked that the Committee give favorable consideration to the
bill at the earliest convenience. In addition, Representatives
LaMalfa and Carbajal have issued letters to the Committee
Chairman and Vice Chairman indicating support for advancing the
bill.
NEED FOR LEGISLATION
The passage of H.R. 1491 will allow the Chumash Tribe to
build housing for its members who are currently living off the
reservation or in overcrowded homes on the reservation. With
the purchase of Camp 4, the land provides an opportunity for
the Chumash Tribe to address the housing shortage on its lands.
The bill would facilitate the housing development by removing
State of California Williamson Act restrictions which otherwise
would have precluded development of Camp 4 until 2024. The bill
would also prohibit, as a matter of federal law, gaming on Camp
4.
The legislation would assist in resolving years of
litigation stemming from the land being taken into trust by the
BIA. While the County has dismissed its lawsuit, there are
still two pending cases in District Court, filed by Nancy
Crawford-Hall/San Lucas Ranch, and Santa Ynez Valley Concerned
Citizens.
The Chumash Tribe, the County, and others support the
passage of H.R. 1491.
LEGISLATIVE HISTORY
On March 10, 2017, Representative LaMalfa introduced H.R.
1491, the Santa Ynez Band of Chumash Indians Land Affirmation
Act of 2017, which was referred to the Committee on Natural
Resources of the House of Representatives, Subcommittee on
Indian, Insular, and Alaska Native Affairs. It is co-sponsored
by Representatives Torres, Cook, McClintock, Denham, Ruiz,
Vargas, Cardenas, Knight, Cole, Nunes, Correa, Valadao, and
Walters. The Committee on Natural Resources of the House of
Representatives considered H.R. 1491 during a business meeting
on July 26, 2017, and ordered the bill, as amended, to be
reported by unanimous consent.
On November 28, 2017, the House of Representatives passed
the bill, as amended, by voice vote. On November 29, 2017, the
Senate received H.R. 1491 which was referred to the Committee
on Indian Affairs (Committee). The Committee held a legislative
hearing on H.R. 1491 on April 25, 2018, receiving testimony
from the Administration, the Chumash Tribe, and a
representative from the Santa Ynez Valley Coalition.
At the legislative hearing, Committee members posed several
questions to the Chumash Tribe about potential land uses of
Camp 4 and the agreement made between the tribe and the local
county. The Chumash Tribe addressed these questions at the
legislative hearing and through post-hearing written answers
which provided further clarity on the planned land use.\7\
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\7\A copy of these answers are on file with the Committee Clerk.
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114th Congress. On February 27, 2015, Representatives
LaMalfa, Cole, Cook, Denham, McClintock, Nunes, Valadao,
Cardenas, and McCollum introduced H.R. 1157, the Santa Ynez
Band of Chumash Mission Indians Land Transfer Act of 2016 which
is similar to the current bill before the Committee this
Congress, H.R. 1491.
On June 4, 2015, Representative Torres was added as a co-
sponsor. On June 10, 2015, Representative Vargas was added as a
co-sponsor. On July 13, 2015, Representatives Knight and
Walters were added as co-sponsors. On December 15, 2015,
Representative Ruiz was added as a co-sponsor.
That bill was referred to the Committee on Natural
Resources of the House of Representatives, Subcommittee on
Indian, Insular, and Alaska Native Affairs (Subcommittee). The
Subcommittee held a hearing on H.R. 1157 on June 17, 2015. The
Committee on Natural Resources of the House of Representatives
considered H.R. 1157 during a business meeting on July 12,
2016, at which the bill, as amended, was ordered to be reported
by a roll-call vote of 29-1. The same day, the Subcommittee
discharged H.R. 1157, as amended. The bill, as amended, was
placed on the Union Calendar on September 6, 2016, where no
further action was taken.
113th Congress. On October 23, 2013, Representatives
LaMalfa, Cardenas, Denham, Ruiz, Valadao, and Garcia introduced
H.R. 3313, the Santa Ynez Band of Chumash Mission Indians Land
Transfer Act of 2013 which was similar to H.R. 1157 being
considered this Congress.
On December 4, 2013, Representative Ruiz withdrew his co-
sponsorship to the bill. On February 25, 2014, Representatives
Cole, Cook, Negrete McLeod, and Vargas were added as co-
sponsors. On April 10, 2014, Representative McCollum was added
as a co-sponsor. On April 28, 2014, Representatives Nunes and
Thompson were added as co-sponsors.
The bill, H.R. 3313, was referred to the Committee on
Natural Resources of the House of Representatives. No further
action was taken on H.R. 3313.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section sets forth the short title of the bill as the
``Santa Ynez Band of Chumash Indians Land Affirmation Act of
2017''.
Sec 2. Findings
This section sets forth the following findings:
The first finding is the General Council of the Santa Ynez
Band of Chumash Indians voted to approve the Memorandum of
Agreement between the County of Santa Barbara and the Santa
Ynez Band of Chumash Indians regarding the Camp 4 property. The
Tribe's Chairman is authorized to sign the Memorandum of
Agreement.
The second finding is the Board of Supervisors for the
County of Santa Barbara approved the Memorandum of Agreement
for the Camp 4 property. The Chair of the Board of Supervisors
is authorized to sign the Memorandum of Agreement.
The third finding notes the Secretary of the Interior's
approval of the Memorandum of Agreement, made pursuant to 25
U.S.C. Sec. 81.
Sec. 3. Reaffirmation of status and actions
This section ratifies and confirms the U.S. Department of
the Interior's action to place approximately 1,427.28 acres of
land located in the County of Santa Barbara, California, into
trust for the Santa Ynez Band of Chumash Indians.
This section ratifies and confirms the Secretary's actions
to assume jurisdiction over the appeals relating to the fee-to-
trust acquisition of approximately 1,427.28 acres of land
located in the County of Santa Barbara, California.
This section ratifies and confirms the Secretary's decision
to dismiss the administrative appeals relating to the fee-to-
trust acquisition of approximately 1,427.28 acres of land
located in the County of Santa Barbara, California.
This section confirms the land taken into trust for the
Santa Ynez Band of Chumash Indians shall be considered a part
of the Tribe's reservation and certain California state laws
restricting land use shall not apply to the 1,427.28 acres.
This section provides for the legal description of the
approximately 1,427.28 acres of land, or Camp 4, located in the
County of Santa Barbara, California.
This section clarifies that any of the Tribe's claims to
land, or interest in land, and water rights are not terminated
by the enactment of the Act, and includes any existing right-
of-ways or right-of-use issued, granted, or permitted prior to
the date of enactment of the Act.
This section provides that the Tribe may not conduct, on
the land described in this subsection (b) of this section, any
gaming activities as a matter of claimed inherent authority or
under any federal law, including the Indian Gaming Regulatory
Act, and regulations promulgated by the Secretary or the
National Indian Gaming Commission.
This section provides for definitions of the ``Secretary''
and the ``Tribe''.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated June 28, 2018, was prepared
for H.R. 1491:
June 28, 2018.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1491, the Santa
Ynez Band of Chumash Indians Land Affirmation Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1491--Santa Ynez Band of Chumash Indians Land Affirmation Act of
2017
H.R. 1491 would affirm the decision made by the Department
of the Interior (DOI) to take into trust approximately 1,400
acres of land owned by the Santa Ynez Band of Chumash Mission
Indians (Chumash Tribe) in Santa Barbara County, California.
Under the act, DOI would hold the title to that land for the
benefit of the tribe. The act would prohibit certain types of
gaming on those lands and end any administrative appeals of
DOI's decision about this property. CBO estimates that
implementing the act would have no significant budgetary
effects related to holding the land in trust.
Enacting H.R. 1491 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1491 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
H.R. 1491 would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
CBO estimates that the cost of the mandates would fall below
the annual thresholds established in UMRA for intergovernmental
and private-sector mandates ($80 million and $160 million in
2018, respectively, adjusted annually for inflation).
The bill would impose an intergovernmental mandate by
preempting the authority of state and local governments to tax
land taken into trust for the Chumash Tribe. Information from
Santa Barbara County about taxes and other receipts associated
with the land indicates that such revenues total less than
$500,000 annually.
The bill also would impose an intergovernmental and
private-sector mandate by eliminating the ability of public and
private entities to appeal the federal government's decision to
take land into trust for the benefit of the Chumash Tribe. By
ratifying DOI's decision to take the land into trust, the bill
would effectively extinguish any existing or future appeal of
that decision. The costs of the mandates would be the value of
forgone compensation and settlements associated with such
appeals if they would have been successful under current law.
However, because no monetary award is available for such
challenges to the administrative procedures and decisions of
the federal government, CBO expects that the mandate would
impose no costs.
On September 20, 2017, CBO transmitted a cost estimate for
H.R. 1491, the Santa Ynez Band of Chumash Indians Land
Affirmation Act of 2017, as ordered reported by the House
Committee on Natural Resources on July 26, 2017. The two
versions of the legislation are similar, and CBO's estimate of
their budgetary effects are the same.
The CBO staff contacts for this estimate are Robert Reese
(for federal costs) and Rachel Austin (for mandates). The
estimate was reviewed by Leo Lex, Deputy Assistant Director for
Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that H.R. 1491
will have minimal impact on regulatory or paperwork
requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding H.R. 1491.
CHANGES IN EXISTING LAW
In accordance with Committee Rules, subsection 12 of rule
XXVI of the Standing Rules of the Senate is waived. In the
opinion of the Committee, it is necessary to dispense with
subsection 12 of rule XXVI of the Standing Rules of the Senate
to expedite business of the Senate.
[all]