S. Rept. 116-191 - 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 PURPOSES116th Congress (2019-2020)
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Calendar No. 400
116th Congress } { Report
SENATE
2d Session } { 116-191
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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
_______
January 6, 2020.--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. 317]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (H.R. 317) 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 with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
PURPOSE
The purpose of the bill, H.R. 317, is to provide
congressional authorization for the U.S. Department of the
Interior (DOI) to take land owned in fee by the Santa Ynez Band
of Chumash Indians (Chumash Tribe or Tribe) into trust for the
benefit of the Tribe.
BACKGROUND
The Chumash Tribe, a federally recognized Indian 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 their housing shortage. With
the intent of filing an application to take Camp 4 into trust,
the Chumash Tribe delivered a cooperative agreement to the
County. After two years of negotiation with the County, in
2013, the Chumash Tribe filed a fee to trust application with
the Bureau of Indian Affairs (BIA) for Camp 4. Later that same
year, the County rejected the government to government
negotiations with the Chumash Tribe on the proposed cooperative
agreement.
On December 24, 2014, the Bureau of Indian Affairs (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 in the Interior Board of
Indian Appeals (IBIA) against the Regional Director's
determination to take Camp 4 into trust. In an Order Dismissing
Administrative Appeals, it stated that the Assistant
Secretary--Indian Affairs, Kevin Washburn, exercised his
authority under 25 C.F.R. Sec. 2.20 to assume jurisdiction over
Camp 4 and consolidated the appeals.\1\
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\1\U.S. Dept. of the Interior, Bureau of Indian Affairs, Order
Dismissing Administrative Appeals for Kramer, et al. v. Principal
Deputy Assistant Secretary--Indian Affairs (July 14, 2017).
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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 trust land
acquisition. In good faith, the County suspended their Ad Hoc
meetings to further negotiate the cooperative agreement with
the Chumash Tribe. Then in 2017, the Chumash proposed a
cooperative agreement that the County accepted.
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).\2\ In response to the Decision, the County filed
suit in the U.S. District Court for the Central District of
California. Following these actions, the Chumash Tribe and the
County entered into a memorandum of agreement (MOA) over Camp
4.
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\2\Id.
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On October 13, 2017, the Chumash Tribal General Council
voted to approve 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 and it is now
considered effective.\3\
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\3\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 their support for H.R. 1491
in the 115th Congress. Within this letter, the County stated
they ``have 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.''\4\
Furthermore, the letter ends with, ``the County encourages the
Congress to enact [H.R. 1491] without delay.''\5\
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\4\Letter from Joan Hartmann, Chair, Santa Barbara Cnty. Bd. of
Supervisors, to Rep. Kevin McCarthy, Majority Leader, U.S. H.R. (Nov.
1, 2017).
\5\Id.
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On February 13, 2019, the United States District Court for
the Central District of California (Court) held that Lawrence
Roberts who approved the Decision as Principal Deputy lacked
the authority to do so, as his authority under the Federal
Vacancies Reform Act of 1998 (FVRA) expired. Additionally, the
district court upheld that authority for these decisions are
left to the Assistant Secretary, which Mr. Roberts
automatically assumed on January 1, 2016. Once the 210 days,
authorized by the FVRA, as Acting Assistant Secretary expired
on July 29, 2016, he was no longer able to make such decisions.
The Court remanded the issue to the DOI in order for the
Department to rectify the matter. The Court took no issue with
the substance of the DOI decision, related environmental
documents, or the fee-to-trust application's consistency with
applicable Federal law. Within two weeks of the Court's
decision, Assistant Secretary-Indian Affairs Tara Sweeney
issued an opinion on February 25, 2019 that the fee-to-trust
application was consistent with Department laws and
regulations.\6\ She affirmed the Regional Director's 2014
Notice of Decision to place Camp 4 into trust and that pursuant
to 25 C.F.R. Sec. 2.6(c), her decision shall be considered
final for the Department and effective immediately.
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\6\Ms. Sweeney was confirmed to the position of Assistant
Secretary--Indian Affairs by the U.S. Senate on June 28, 2018.
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However, since the initial actions under the previous
Administration, the California Condor has been listed under the
Endangered Species Act and the already-listed Southwestern
Willow Flycatcher had been discovered in the region. As a
result, the DOI conducted additional environmental review of
the proposed action of approving the fee-to-trust application's
impact on these species. On May 23, 2019, the U.S. Fish and
Wildlife Service concluded that the proposed action ``is not
likely to adversely impact'' the newly listed species and that
while both species are present in the region, neither is
present on the Chumash property in question.\7\
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\7\Memorandum from Christopher J. Diel, Assistant Field Supervisor,
Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service,
Ventura, CA to Amy L. Dutschke, Regional Director, Pacific Regional
Office, Bureau of Indian Affairs, Sacramento, CA on Request for
concurrence on the Proposed Fee-To-Trust Land Acquisition for the Santa
Ynez Band of Chumash Indians near the Town of Santa Ynez, Santa Barbara
County, California (May 23, 2019) (on file with the Committee).
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NEED FOR LEGISLATION
The passage of H.R. 317 will allow the Chumash Tribe to
build housing for their members who are currently living off
the reservation or in overcrowded homes on the reservation. The
land provides an opportunity for the Chumash Tribe to address
the housing shortage it currently experiences. The bill would
facilitate the housing development by waiving state law
development limitations on the land. It would also prohibit, as
a matter of Federal law, gaming on the land giving the County
certainty on future land use.
LEGISLATIVE HISTORY
On January 8, 2019, Representatives Doug LaMalfa and Salud
Carbajal introduced H.R. 317, the Santa Ynez Band of Chumash
Indians Land Affirmation Act of 2019. The bill was referred to
the Subcommittee for Indigenous Peoples of the Committee on
Natural Resources in the House of Representatives. There was no
further action taken in the Committee on Natural Resources.
On April 29, 2019, Representative Van Drew moved to suspend
the House rules and pass H.R. 317, as amended. The House
proceeded with forty minutes of debate on the bill. At the
conclusion of debate, the chair moved to suspend the rules.
Representative Van Drew objected to the vote on the grounds
that a quorum was not present. Further proceedings on the
motion were postponed. The point of no quorum was withdrawn.
The bill was passed under suspension of the rules and H.R. 317,
as amended, was passed.
On April 30, 2019, the Senate received H.R. 317 and the
bill was referred to the Committee on Indian Affairs. On June
11, 2019, Senators Feinstein and Harris sent a letter to
Senators Hoeven and Udall asking the Committee to schedule a
business meeting. On November 6, 2019, the Committee held a
duly called business meeting to consider H.R. 317. One
amendment in the nature of a substitute was timely filed by
Senator Tom Udall.
The following changes were made in the substitute
amendment:
SECTION 3. REAFFIRMATION OF STATUS AND
ACTIONS.
The section title will be
stricken and replaced with ``LAND TAKEN INTO
TRUST.''
Subsection (a) will be stricken
and replaced with a new subsection (a) that
mandatorily acquires the land described in
subsection (c) into trust for the benefit of
the Tribe.
Subsections (b) and (c) will be
stricken.
The affected subsections (d),
(e), (f), (g), and (h) will be redesignated as
subsections (b), (c), (d), (e), and (f).
In the redesignated subsection
(b), paragraph ``(1) ADMINISTRATION.'' is
stricken and replaced with a new paragraph that
provides for the land placed into trust for the
Tribe to become a part of the Santa Ynez Indian
Reservation and for the applicable federal laws
and regulations to apply over the trust land.
The Committee passed H.R. 317 by voice vote and ordered the
bill, as amended, to be favorable reported. At the time of
filing the committee report to H.R. 317, there is no Senate
companion bill.
115th Congress. 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
Subcommittee on Indian, Insular, and Alaska Native Affairs of
the Committee on Natural Resources in the House of
Representatives. The bill was co-sponsored by Representatives
Cardenas, Cole, Cook, Correa, Denham, Knight, McClintock,
Nunes, Ruiz, Torres, Valadao, Vargas, and Walters. The House
Committee on Natural Resources 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. The next day, the Senate
received H.R. 1491 which was referred to the Committee on
Indian Affairs. The Committee held a legislative hearing on
H.R. 1491 on April 25, 2018.
At the legislative hearing, committee members posed several
questions to the Chumash Tribe on potential uses of the Camp 4
property and the agreement made between the Tribe and the
County. The Tribe addressed these questions at the hearing and
through written answers following the hearing provided further
clarity on uses for the parcels to be taken into trust.\8\
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\8\A copy of these answers is on file with the Committee Clerk.
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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 schedule a business meeting and give
favorable consideration to the bill at the earliest
convenience.
On June 13, 2018, the Committee duly called a business
meeting to consider H.R. 1491. The bill was passed without
amendment. On August 23, 2018, the bill was placed on the
Senate Legislative Calendar under General Orders. No further
action was taken on the bill.
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.
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.
The bill was referred to the Subcommittee on Indian,
Insular, and Alaska Native Affairs of the Committee on Natural
Resources in the House of Representatives. The House
Subcommittee on Indian, Insular, and Alaska Native Affairs held
a hearing on H.R. 1157 on June 17, 2015. Later on July 12,
2016, the House Committee on Natural Resources considered H.R.
1157 during a business meeting at which the bill, as amended,
was ordered to be reported by a roll call vote of 29-1. The
same day, the Subcommittee on Indian, Insular, and Alaska
Native Affairs discharged H.R. 1157, as amended. The bill was
placed on the Union Calendar on September 6, 2016. No further
action was taken on H.R. 1157.
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. 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 in the House of Representatives. No further action
was taken on H.R. 3313.
SUMMARY OF THE BILL
The bill, H.R. 317, as amended, mandatorily acquires
1,427.28 acres of land into trust for the Chumash Tribe. H.R.
317 also makes the land taken into trust a part of the Chumash
Tribe's reservation and removes certain California property
restrictions on the land to allow for the Tribe's construction
on the land. Included in the bill, is a prohibition on gaming
activities on the land placed in trust.
SECTION-BY-SECTION ANALYSIS OF BILL, AS AMENDED
Section 1. Short title
This section cites the Act as the ``Santa Ynez Band of
Chumash Indians Land Affirmation Act of 2019.''
Sec. 2. Findings
This section explains the Memorandum of Agreement that the
Tribe and the County of Santa Barbara entered into regarding
the 1,427.28 acres of land.
Sec. 3. Land to be taken into trust
This section places 1,427.28 acres of land located in Santa
Barbara County, California and described in subsection (c) is
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 on the land.
Under subsection (b), the land taken into trust shall
become a part of the Santa Ynez Indian Reservation and
administered in accordance with the laws and regulations
generally applied to land held in trust by the United States
for an Indian Tribe. Additionally, this subsection removes any
state restrictions on the land that would hinder the
construction and building of future land use purposes.
Subsection (c) provides the legal description of the lands
to be taken into trust.
Subsection (d) gives rules of construction regarding the
land, water rights, rights-of-way, rights-of-use.
Subsection (e) describes that the land to be taken into
trust under this Act shall not be used for gaming activities as
a matter of claimed inherent authority or under any federal
law, including the Indian Gaming Regulatory Act.
Subsection (f) provides for definitions used in the Act,
including ``Secretary'' and ``Tribe.''
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated November 20, 2019, was
prepared for H.R. 317:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 20, 2019.
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. 317, the Santa
Ynez Band of Chumash Indians Land Affirmation Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 317 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 in Santa Barbara County, California. Under the act, DOI
would hold the title to that land for the benefit of that
tribe. The act would prohibit certain types of gaming on those
lands and would end any administrative appeals of DOI's
decision about the property. CBO estimates that implementing
the act would have no significant budgetary effects.
H.R. 317 would impose an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA) by
prohibiting state and local governments from taxing land taken
into trust for the Chumash Tribe. Information from Santa
Barbara County about taxes and other receipts associated with
the land indicates that those forgone revenues would total less
than $500,000 annually, below the annual public-sector
threshold established in UMRA ($82 million in 2019, adjusted
annually for inflation).
The CBO staff contacts for this estimate are Jon Sperl (for
federal costs) and Rachel Austin (for mandates). The estimate
was reviewed by H. Samuel Papenfuss, 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. 317
will have minimal impact on regulatory or paperwork
requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding H.R. 317.
CHANGES IN EXISTING LAW
On February 6, 2019, the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. 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 the business of the
Senate.
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