[Senate Report 115-326]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 559
115th Congress       }                        {              Report
                                 SENATE
 2d Session          }                        {               115-326

======================================================================

 
 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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \7\A copy of these answers are on file with the Committee Clerk.
---------------------------------------------------------------------------
    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]