[Senate Report 116-306]
[From the U.S. Government Publishing Office]
Calendar No. 606
116th Congress } { Report
SENATE
2d Session } { 116-306
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TO AUTHORIZE THE SECRETARY OF HEALTH AND HUMAN SERVICES, ACTING THROUGH
THE DIRECTOR OF THE INDIAN HEALTH SERVICE, TO ACQUIRE PRIVATE LAND TO
FACILITATE ACCESS TO THE DESERT SAGE YOUTH WELLNESS CENTER IN HEMET,
CALIFORNIA, AND FOR OTHER PURPOSES
_______
December 9, 2020.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 4556]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 4556) to authorize the Secretary of Health and Human
Services, acting through the Director of the Indian Health
Service, to acquire private land to facilitate access to the
Desert Sage Youth Wellness Center in Hemet, California, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 4556 is to authorize the Secretary of the
U.S. Department of Health and Human Services (HHS), acting
through the Director of the Indian Health Service (IHS), to
acquire private land in order to facilitate access to the
Desert Sage Youth Wellness Center in Hemet, California.
BACKGROUND
The Desert Sage Youth Wellness Center (Center), which
opened in 2017, is an IHS Youth Regional Treatment Center
located in Hemet, California. The Center provides culturally
sensitive substance abuse treatment to native youth in a co-ed
residential facility. Services offered at the Center include
mental health, chemical dependency counseling, individual and
group counseling, family therapy, traditional healing services,
traditional arts and crafts, cultural activities, field-
recreation trips, educational opportunities, academic and life-
skills education, fitness program, and access to medical
specialties and dental care. Prior to the Center opening,
native youth would often travel out of state for treatment, far
from their families and homes.
SUMMARY OF THE BILL
The bill, S. 4556, authorizes the HHS to acquire land from
willing sellers to facilitate access to the Center. A dirt
road, known as the ``Best Road,'' including other land and
interests around this dirt road, will be authorized to be
acquired by the HHS, in order for IHS to construct and maintain
a paved road that accesses the Center.
NEED FOR LEGISLATION
Currently, the only access to the Center is on the ``Best
Road,'' which is a dirt and gravel road. During extreme weather
conditions, access to the Center becomes limited to none at
all. In order to provide better, consistent access to services
at the Center, the IHS needs to purchase land from willing
sellers so the agency construct a paved road and maintain it
thereon. However, the HHS Secretary lacks authority to acquire
and improve the ``Best Road'' and requires Congress to
authorize the acquisition.
LEGISLATIVE HISTORY
On September 10, 2020, Senator Feinstein introduced S.
4556, A bill to authorize the Secretary of Health and Human
Services, acting through the Director of the Indian Health
Service, to acquire private land to facilitate access to the
Desert Sage Youth Wellness Center in Hemet, California, and for
other purposes. The Senate referred the bill to the Committee
the same day. The Committee then held a legislative hearing on
the bill on September 23, 2020. At this legislative hearing,
Rear Admiral Michael D. Weahkee, Director of the IHS, testified
in support of the bill. The Committee held a duly called
business meeting to consider four bills, including S. 4556, on
November 18, 2020. No amendments were filed to S. 4556, and the
Committee passed the bill by voice vote.
On September 25, 2019, Representatives Raul Ruiz, Ken
Calvert, Pete Aguilar, and Paul Cook introduced a companion
bill, H.R. 4495, to authorize the Secretary of Health and Human
Services, acting through the Director of the Indian Health
Service, to acquire private land to facilitate access to the
Desert Sage Youth Wellness Center in Hemet, California, and for
other purposes, in the House of Representatives.
Representatives Doug LaMalfa, Nanette Diaz Barragan, Tony
Cardenas, and Josh Harder later joined as co-sponsors. The
House of Representatives referred the bill to the Committees on
Natural Resources and Energy and Commerce, for a period to be
subsequently determined by the Speaker. On September 26, 2019,
the Committee on Energy and Commerce of the U.S. House of
Representatives referred the bill to the Subcommittee on
Health. On October 3, 2019, the Committee on Natural Resources
referred the bill to the Subcommittee on National Parks,
Forests, and Public Lands. On December 2, 2019, the Committee
on Natural Resources re-referred the bill to the Subcommittee
for Indigenous Peoples of the United States. On February 5,
2020, the Subcommittee on Indigenous Peoples held a
subcommittee hearing on H.R. 4495. The Committee on Natural
Resources has taken no further action on the companion bill, as
of the filing of this report.
SECTION-BY-SECTION ANALYSIS
Section 1. Access road for Desert Sage Youth Wellness Center
Subsection (a) authorizes the Secretary of the Department
of Health and Human Services, acting through the Director of
the Indian Health Service, to acquire, from willing sellers,
land or interests in land located in Hemet, California to
construct and maintain the road as required in subsection (b).
This subsection also provides that the Secretary of HHS must
pay fair market value for the land to be acquired under
paragraph (1), as determined using the Uniform Appraisal
Standards for Federal Land Acquisition and by an appraiser who
is acceptable to the Secretary and the current owners of said
land.
Subsection (b) requires the Secretary of HHS to construct,
on the acquired land, a paved road that is located over the
``Best Road'' to facilitate access to the Center. The Secretary
of HHS will be required to maintain and manage the road or
enter into an agreement with Riverside County, California, to
own, maintain, and manage the ``Best Road.''
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated December 4, 2020, was
prepared for S. 4556:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2020.
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 S. 4556, a bill to
authorize the Secretary of Health and Human Services, acting
through the Director of the Indian Health Service, to acquire
private land to facilitate access to the Desert Sage Youth
Wellness Center in Hemet, California, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert
Stewart.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 4556 would authorize the Secretary of Health and Human
Services to purchase, pave, and maintain a road to facilitate
access to the Desert Sage Youth Wellness Center (DSYWC) in
Hemet, California. The DSYWC is one of 12 residential treatment
centers for adolescents with substance abuse disorders that is
funded by the Indian Health Service (IHS). The access road to
the facility is a half-mile long, privately owned road that is
currently unpaved. Based on information from IHS, CBO estimates
that purchasing and paving the road would cost about $1 million
over the 2021-2025 period, assuming the appropriation of the
necessary amounts. In addition, the bill would authorize the
Secretary to either maintain the road on an ongoing basis or
come to an agreement with the local county to maintain the
road. Based on information about the cost of road maintenance,
a newly paved road of this length would require less than
$500,000 for maintenance costs over the 2021-2025 period.
The CBO staff contact for this estimate is Robert Stewart.
The estimate was reviewed by Leo Lex, Deputy Director of 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 S. 4556 will have
minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 4556.
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.
[all]