[Congressional Record Volume 163, Number 193 (Tuesday, November 28, 2017)]
[House]
[Pages H9443-H9445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SANTA YNEZ BAND OF CHUMASH INDIANS LAND AFFIRMATION ACT OF 2017

  Mr. TIPTON. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 1491

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Santa Ynez Band of Chumash 
     Indians Land Affirmation Act of 2017''.

     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. REAFFIRMATION OF STATUS AND ACTIONS.

       (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.
       (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.
       (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.
       (d) Administration.--
       (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.
       (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 (b) into trust shall remove any 
     restrictions on the property pursuant to California 
     Government Code Section 51295 or any other provision of such 
     Act.
       (e) Legal Description of Lands Transferred.--The lands to 
     be transferred pursuant to this Act are 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

[[Page H9444]]

     COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN 
     CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS 
     INSTRUMENT NO. 01-105584 OF OFFICIAL RECORDS.
       (f) Rules of Construction.--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.
       (g) Restricted Use of Transferred Lands.--The Tribe may not 
     conduct, on the land described in subsection (b) taken into 
     trust for the Tribe pursuant to this Act, 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.) and regulations 
     promulgated by the Secretary or the National Indian Gaming 
     Commission under that Act.
       (h) Definitions.--For the purposes of 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado (Mr. Tipton) and the gentlewoman from California (Mrs. Torres) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Colorado.


                             General Leave

  Mr. TIPTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. TIPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1491, which would reaffirm the 
Bureau of Indian Affairs' action placing approximately 1,400 acres of 
land known as Camp 4 into a trust for the benefit of the Santa Ynez 
Band of Chumash Mission Indians in Santa Barbara County, California.
  The Chumash Tribe has about 140 enrolled members with a 138-acre 
reservation in Santa Ynez, California. The Tribe constructed a casino 
and hotel resort on its reservation pursuant to the Indian Gaming 
Regulatory Act, which has lifted the Tribe from historic poverty to 
economic success.
  With other private investments in the region, the Tribe has become 
one of the largest employers in Santa Barbara County.
  In 2010, the Tribe purchased a 1,400-acre tract of land known as Camp 
4, located about 2 miles from the reservation in an unincorporated area 
of Santa Barbara County, from the Fess Parker estate. The Tribe has 
testified that it intends to use Camp 4 for suitable Tribal housing for 
its current and future members. At present, the landscape of Camp 4 is 
mainly agricultural.
  In 2014, the Bureau of Indian Affairs approved an application filed 
by the Tribe to place Camp 4 in trust under the agency's regulatory 
procedures. However, the title had not been transferred to the United 
States pending the resolution of an administrative appeal filed by 
Santa Barbara County and private citizens.
  On January 17, 2017, the Department of the Interior dismissed pending 
appeals of the application and affirmed the 2014 decision.
  Despite the dismissal of the appeals, the Tribe and the County of 
Santa Barbara continued work to address concerns with the trust 
acquisition. On November 1, 2017, the Tribe and county entered into a 
long-term memorandum of agreement to protect the mutual interests of 
both the Tribe and the county. The bill, as amended, includes a 
reference to this agreement and support of the County of Santa Barbara.
  I would like to thank the sponsor of this bill, the chairman of the 
Subcommittee on Indian, Insular and Alaska Native Affairs, Mr. LaMalfa, 
for his hard work on this legislation.
  Mr. Speaker, I urge adoption of this measure.
  I reserve the balance of my time.
  Mrs. TORRES. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, passage of H.R. 1491, which I am proud to cosponsor, 
will clear the way for the Santa Ynez Band of Chumash Indians to 
finally provide additional Tribal housing for their members. Only 17 
percent of Tribal members and lineal descendants live in Tribal 
housing.
  In 2010, the Tribe purchased approximately 1,400 acres of ancestral 
land in an effort to provide suitable housing for the Tribe's members 
and their descendants.

                              {time}  1645

  Even though this land was taken into trust administratively in 
January of this year, a number of parties continue to file lawsuits 
appealing the decision.
  The Chumash leadership has been forthcoming in their desire to 
acquire this land only for additional Tribal housing, and they have 
attempted to be good neighbors by engaging local elected officials and 
groups to mitigate any and all concerns.
  It is a shame that it has almost taken a decade for this issue to be 
resolved, but we are now at a point where we can finally put an end to 
this process. Passage of H.R. 1491 will reinforce the Secretarial 
decision that put the land in trust and will also incorporate a 
memorandum of agreement between the Chumash Tribe and the Santa Barbara 
County Board of Supervisors in relation to the land.
  I congratulate the Chumash leadership for their work and persistence 
on this issue, and I thank the Santa Barbara County Board Supervisors 
for coming to this agreement. I also thank my friend and colleague from 
California, Chairman LaMalfa, for carrying this legislation, not giving 
up on it, and moving it forward.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TIPTON. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. LaMalfa).
  Mr. LaMALFA. Mr. Speaker, first of all, I am very pleased to speak on 
this bill here tonight. I am so proud of the effort to work in a 
bipartisan nature with my colleague and friend, the ranking member, 
Mrs. Torres, as well as all the members of the committee. We have had 
such overwhelming support to move this bill along.
  Mr. Speaker, indeed, this is a culmination of a lot of strong, 
bipartisan effort here in the committee as well as the community 
itself, which sought consensus during the several years that I have 
been involved with this legislation and now as chairman of the 
Subcommittee on Indian, Insular, and Alaska Native Affairs. We have 
seen the local consensus that has been built with the local government, 
the Tribe, and my colleagues on the committee.
  With the inclusion of language referencing the local agreement, the 
bill is supported by the Santa Ynez Band of Chumash Indians; the County 
of Santa Barbara; and the region's representative, my colleague, 
Representative Salud Carbajal, and was reported out of the House 
Natural Resources Committee by unanimous consent on September 17, 2017.
  Located in Santa Barbara County for thousands of years, as was 
pointed out by my colleagues, the recorded history of the Chumash 
reaches back to the earliest arrival of Europeans in California, when 
Spanish explorer Cabrillo recorded his encounters with the Chumash in 
1542. They had a long and unbroken connection to the Camp 4 parcel, 
which is located very close to their current reservation.
  In the early 1800s, the Chumash became wards of the Spanish mission 
in Santa Ynez, which included Camp 4, and later, the Mexican Governor 
granted lands to Chumash members, which also included Camp 4. The 
commission created by the Mission Relief Act of 1891 recognized that 
the Tribe continued to reside in the Santa Ynez and Camp 4 area, though 
only 99 acres were ultimately taken into trust for the Chumash at the 
time, which is a fairly common problem for many Tribes.
  With the various things that have happened to them, such as 
derecognition and decertification over the years, tribes end up on very 
small, narrow parcels of land that make it very difficult for them to 
grow and prosper. So today, partly because of that, the Chumash face a 
significant housing crisis, as was pointed out, and fewer than 17 
percent of their members and descendants are able to reside on

[[Page H9445]]

the Tribe's existing reservation, which consists largely of hillsides, 
wetlands, and streambeds unsuitable for housing.
  To address the housing shortage, the Chumash used their own resources 
to purchase the Camp 4 parcel, with the intent of constructing homes 
for their members. They applied to take Camp 4 into trust 
administratively, and after conducting a thorough public process, the 
Bureau of Indian Affairs issued a decision in December of 2014.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. TIPTON. Mr. Speaker, I yield the gentleman from California an 
additional 2 minutes.
  Mr. LaMALFA. The Department of the Interior then completed the fee-
to-trust process in January of 2017. Indeed, this is ongoing.
  On October 31, the county ratified an agreement with the Chumash, 
ensuring that any impacts of Camp 4 housing on local infrastructure and 
other resources would be addressed, and the Department of the Interior 
approved this agreement on the same day.
  In order to enable the Chumash to address their housing crisis and 
ensure any impacts to local governments are addressed, H.R. 1491 takes 
the following actions:
  It affirms and ratifies the action of the Department of the Interior 
to take the Camp 4 parcel into trust on January 19, 2017.
  It codifies references to the Chumash-county agreement ratified by 
Santa Barbara County on October 31, 2017, addressing impacts to local 
infrastructure and services.
  By request of the Chumash, it prohibits the operation of gaming 
facilities on the Camp 4 parcel.
  It protects and respects rights-of-way also held by local 
stakeholders.
  Mr. Speaker, this bill represents, again, the culmination of years of 
effort on the part of the Chumash, the county, the committee, and 
Congress to ensure that the concerns of all stakeholders were addressed 
fairly through a local process and reaching a consensus with the Tribe 
and the county that we sought from the beginning. Indeed, as chairman 
of the Subcommittee on Indian, Insular, and Alaska Native Affairs, I 
believe this agreement is the outcome of good faith negotiations by all 
parties and should be considered a model for maintaining positive 
working relationships between tribal and local governments.
  I urge all Members to support this bipartisan, noncontroversial 
measure.
  Mrs. TORRES. Mr. Speaker, I have no further speakers, and I yield 
back the balance of my time.
  Mr. TIPTON. Mr. Speaker, I yield back the balance of my time.
  Mr. CARBAJAL. Mr. Speaker, as the Member of Congress representing the 
``Camp 4'' property addressed in H.R. 1491, which would reaffirm the 
action of the Secretary of the Interior to take land into trust for the 
Santa Ynez Band of Chumash Mission Indians, I would like to take this 
opportunity to express my support for the amended version of the bill 
under consideration today which incorporates the recently completed 
local agreement between Santa Barbara County and the Chumash Tribe.
  I have a unique perspective on this issue, having previously served 
as a Santa Barbara County Supervisor for twelve years. During my 
tenure, the issue of Camp 4 was deliberated before the Board of 
Supervisors on several occasions. During those discussions, I was one 
of the first elected officials to consistently call for direct 
government-to-government discussions between the Chumash Tribe and the 
County. I am pleased to see that those ensuing negotiations have now 
resulted in an agreement that addresses the Tribe's well documented 
need for tribal housing while providing for important mitigations to 
address potential impacts on public views, traffic, local tax revenues, 
and the natural environment.
  I believe that the locally negotiated agreement concerning Camp 4 
between the Tribe and the County, which is incorporated in today's 
amended version of H.R. 1491, is in the best interest of my 
constituents and is an important step toward establishing a long-term 
collaborative relationship between all parties involved.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Colorado (Mr. Tipton) that the House suspend the rules 
and pass the bill, H.R. 1491, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________