[Senate Report 117-5]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 21

117th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 117-5

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

                                _______
                                

                 March 24, 2021.--Ordered to be printed

                                _______
                                

           Mr. Schatz, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 144]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs (Committee), to which was 
referred the bill (S. 144) 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. 144 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. 144, authorizes the HHS to acquire certain 
land from willing sellers to facilitate access to the Center. 
Specifically, HHS is authorized to acquire a dirt and gravel 
road, known as ``Best Road,'' and other land and interests 
around it in order for IHS to construct and maintain a paved 
road that accesses the Center.

                          NEED FOR LEGISLATION

    Currently, the Center is only accessible via ``Best Road;'' 
during extreme weather conditions, the dirt and gravel road 
makes access to the Center limited to none at all. A paved road 
is necessary to provide better, consistent access to the 
Center, however, the HHS Secretary currently lacks 
congressional authority to acquire and improve the ``Best 
Road.''

                          LEGISLATIVE HISTORY

    On February 1, 2021, Senators Feinstein and Padilla 
introduced S. 144, the Desert Sage Youth Wellness Center Access 
Improvement Act. The Senate referred the bill to the Committee 
the same day. The Committee held a duly called business meeting 
to consider nine bills, including S. 144, on March 10, 2021. No 
amendments were filed to S. 144. The Committee passed the bill 
with eight other bills by voice vote and ordered it to be 
favorably reported.
    On February 1, 2021, Representatives Ruiz, Barragan, 
Cardenas, Aguilar, Calvert, and Thompson introduced H.R. 667, a 
companion bill to S. 144, in the House of Representatives. The 
House of Representatives referred the bill to the Committees on 
Natural Resources and Energy and Commerce the same day. No 
further action has been taken on H.R. 667.
    On September 10, 2020, Senator Feinstein introduced S. 
4556, a predecessor bill upon which S. 144 is based. 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. The Committee passed the 
bill by voice vote and ordered it reported favorably. The 
Committee reported the bill on December 9, 2020 and, on 
December 20, 2020, the Senate passed S. 4556 without amendment 
by unanimous consent. The House of Representatives received the 
bill on December 21, 2020, and held it at the desk. However, 
the House of Representatives took no further action on S. 4556 
prior to the conclusion of the 116th Congress.
    On September 25, 2019, Representatives Ruiz, Calvert, 
Aguilar, and Cook introduced a companion bill, H.R. 4495, in 
the House of Representatives. Representatives LaMalfa, 
Barragan, Cardenas, and Harder later joined as co-sponsors. The 
House of Representatives referred the bill to the Committees on 
Natural Resources and Energy and Commerce. On September 26, 
2019, the Committee on Energy and Commerce 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. Neither committee took 
further action on the bill prior to the conclusion of the 116th 
Congress.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section provides that this bill may be cited as the 
``Desert Sage Youth Wellness Center Access Improvement Act''.

Sec. 2. 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 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 Best Road.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated March 18, 2021, was prepared 
for S. 144:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 18, 2021.
Hon. Brian Schatz,
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. 144 the Desert Sage 
Youth Wellness Center Access Improvement Act.
    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.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 144 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 2021-2026 period, assuming 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 2021-2026 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. 144 will have 
minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 144.

                        CHANGES IN EXISTING LAW

    On February 11, 2021, 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]