[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 317 Reported in Senate (RS)]
<DOC>
Calendar No. 400
116th CONGRESS
2d Session
H. R. 317
[Report No. 116-191]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2019
Received; read twice and referred to the Committee on Indian Affairs
January 6, 2020
Reported by Mr. Hoeven, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Santa Ynez Band of Chumash
Indians Land Affirmation Act of 2019''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) On October 13, 2017, 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
approximately 1,427.28 acres of land, commonly known as Camp 4,
and authorized the Tribal Chairman to sign the Memorandum of
Agreement.</DELETED>
<DELETED> (2) On October 31, 2017, the Board of Supervisors
for the County of Santa Barbara approved the Memorandum of
Agreement on Camp 4 and authorized the Chair to sign the
Memorandum of Agreement.</DELETED>
<DELETED> (3) The Secretary of the Interior approved the
Memorandum of Agreement pursuant to section 2103 of the Revised
Statutes (25 U.S.C. 81).</DELETED>
<DELETED>SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS.</DELETED>
<DELETED> (a) Ratification of Trust Status.--The action taken by the
Secretary on January 20, 2017, to place approximately 1,427.28 acres of
land located in Santa Barbara County, California, into trust for the
benefit of the Santa Ynez Band of Chumash Indians is hereby ratified
and confirmed as if that action had been taken under a Federal law
specifically authorizing or directing that action.</DELETED>
<DELETED> (b) Ratification of Actions of the Secretary.--The actions
taken by the Secretary to assume jurisdiction over the appeals relating
to the fee-to-trust acquisition of approximately 1,427.28 acres in
Santa Barbara County, California, on January 30, 2015, is hereby
ratified and confirmed as if that action had been taken under a Federal
law specifically authorizing or directing that action.</DELETED>
<DELETED> (c) Ratification of Actions of the Secretary.--The actions
taken by the Secretary to dismiss the appeals relating to the fee-to-
trust acquisition of approximately 1,427.28 acres in Santa Barbara
County, California, on January 19, 2017, is hereby ratified and
confirmed as if that action had been taken under a Federal law
specifically authorizing or directing that action.</DELETED>
<DELETED> (d) Administration.--</DELETED>
<DELETED> (1) Administration.--The land placed into trust
for the benefit of the Santa Ynez Band of Chumash Indians by
the Secretary of the Interior on January 20, 2017, shall be a
part of the Santa Ynez Indian Reservation and administered in
accordance with the laws and regulations generally applicable
to the land held in trust by the United States for an Indian
tribe.</DELETED>
<DELETED> (2) Effect.--For purposes of certain California
State laws (including the California Land Conservation Act of
1965, Government Code Section 51200, et seq.), placing the land
described in subsection (e) into trust shall remove any
restrictions on the property pursuant to California Government
Code Section 51295 or any other provision of such
Act.</DELETED>
<DELETED> (e) Legal Description of Lands Transferred.--The lands to
be transferred pursuant to this Act are described as follows:</DELETED>
<DELETED> Legal Land Description/Site Location: Real
property in the unincorporated area of the County of Santa
Barbara, State of California, described as follows: PARCEL 1:
(APN: 141-121-51 AND PORTION OF APN 141-140-10) LOTS 9 THROUGH
18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA BARBARA,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2:
(PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF
TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.THIS LEGAL IS MADE
PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL
RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-
10) LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2,
7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE
NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF
CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK
2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS
MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF
OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND PORTION OF
APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN
THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON
THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO
THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5,
2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5:
(PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF
TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO
THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2,
1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID
COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE
OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105584 OF OFFICIAL RECORDS.</DELETED>
<DELETED> (f) Rules of Construction.--Nothing in this Act shall--
</DELETED>
<DELETED> (1) enlarge, impair, or otherwise affect any right
or claim of the Tribe to any land or interest in land that is
in existence before the date of the enactment of this
Act;</DELETED>
<DELETED> (2) affect any water right of the Tribe in
existence before the date of the enactment of this Act;
or</DELETED>
<DELETED> (3) terminate or limit any access in any way to
any right-of-way or right-of-use issued, granted, or permitted
before the date of the enactment of this Act.</DELETED>
<DELETED> (g) Restricted Use of Transferred Lands.--The Tribe may
not conduct, on the land described in subsection (e) taken into trust
for the Tribe pursuant to this Act, gaming activities--</DELETED>
<DELETED> (1) as a matter of claimed inherent authority;
or</DELETED>
<DELETED> (2) under any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.</DELETED>
<DELETED> (h) Definitions.--For the purposes of this
section:</DELETED>
<DELETED> (1) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (2) Tribe.--The term ``Tribe'' means the Santa
Ynez Band of Chumash Mission Indians.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ynez Band of Chumash Indians
Land Affirmation Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 13, 2017, 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 approximately
1,427.28 acres of land, commonly known as Camp 4, and
authorized the Tribal Chairman to sign the Memorandum of
Agreement.
(2) On October 31, 2017, the Board of Supervisors for the
County of Santa Barbara approved the Memorandum of Agreement on
Camp 4 and authorized the Chair to sign the Memorandum of
Agreement.
(3) The Secretary of the Interior approved the Memorandum
of Agreement pursuant to section 2103 of the Revised Statutes
(25 U.S.C. 81).
SEC. 3. LAND TO BE TAKEN INTO TRUST.
(a) In General.--The approximately 1,427.28 acres of land located
in Santa Barbara County, California and described more particularly in
subsection (c) is hereby taken into trust for the benefit of the Tribe,
subject to valid existing rights, contracts, and management agreements
relating to easements and rights-of-way.
(b) Administration.--
(1) Administration.--The land taken into trust under
subsection (a) shall be a part of the Santa Ynez Indian
Reservation and administered in accordance with the laws and
regulations generally applicable to the land held in trust by
the United States for an Indian tribe.
(2) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), taking the land into
trust under subsection (a) shall remove any restrictions on the
property pursuant to California Government Code Section 51295
or any other provision of such Act.
(c) Legal Description of Land Taken Into Trust.--The land taken
into trust under subsection (a) is described as follows:
Legal Land Description/Site Location: Real property in the
unincorporated area of the County of Santa Barbara, State of
California, described as follows: PARCEL 1: (APN: 141-121-51
AND PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE, OF
TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS
MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF
OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10) LOTS 1
THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3:
(PORTIONS OF APNS: 141-230-23 AND 141-140-10) LOTS 19 AND 20 OF
TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15
THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY
LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN
EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136
OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT
TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5,
2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4:
(APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1 THROUGH
12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5:
(PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF
TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO
THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2,
1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105584 OF OFFICIAL RECORDS.
(d) Effect.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(2) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(3) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of the enactment of this Act.
(e) Restricted Use of Land Taken Into Trust.--The Tribe may not
conduct on the land taken into trust under subsection (a) gaming
activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) (including regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act).
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians.
Calendar No. 400
116th CONGRESS
2d Session
H. R. 317
[Report No. 116-191]
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
January 6, 2020
Reported with an amendment