Text: H.R.317 — 116th Congress (2019-2020)All Information (Except Text)

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Reported to Senate (01/06/2020)

 
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[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

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