[Senate Report 116-306]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 606
116th Congress      }                            {              Report
                                 SENATE
 2d Session         }                            {             116-306

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

 
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]