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H.R. 1491 (115th): Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017


The text of the bill below is as of Mar 10, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 1491

IN THE HOUSE OF REPRESENTATIVES

March 10, 2017

introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

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.

1.

Short title

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

2.

Findings

Congress finds as follows:

(1)

The Chumash People have resided along California’s Central Coast since time immemorial. Prior to contact with European settlers in 1769, an estimated 22,000 Chumash lived in villages between Malibu and Monterey, California.

(2)

Like many California Indians, many of the Chumash people were forced to live on Spanish Missions. Mission life was cruel and resulted in the decimation of the Chumash people so that by 1831, the number of mission registered Chumash had fallen to 2,788.

(3)

After the dissolution of Mission Santa Ines, in current day Santa Ynez, California, the Santa Ynez Band of Chumash Indian was able to begin to reassemble its government and culture. Tribal leaders and members continued to be marginalized until the United States granted the tribe 99 acres to establish its reservation in 1901.

(4)

More than 100 years later, the tribe finally secured the resources to expand its reservation and purchased roughly 1,400 acres only a few miles away from its current lands. This land is more accurately described in section 3(e) of this legislation.

(5)

On June 1, 2011, the Santa Ynez Band of Chumash Indians deliver a proposed cooperative agreement to the County of Santa Barbara as an initial offer to mitigate any potential impacts of taking the land into trust.

(6)

On June 27, 2013, after waiting more than two years for a response from Santa Barbara County to the tribe’s proposed mitigation agreement, the Santa Ynez Band of Chumash Indians submitted a fee-to-trust application for the Camp 4 property.

(7)

The BIA published a Notice of Availability for the initial Environmental Assessment and invited comments through an extended comment period ending on November 18, 2013. In response to comments and changes in the plan for development of Camp 4, the BIA conducted another Environmental Assessment. A final, revised EA was published in May 2014 through a Notice of Availability, and comments on the revised Environmental Assessment were accepted through and extended comment period ending July 14, 2014.

(8)

Based on the comments submitted to the revised Environmental Assessment for the proposed Federal action to accept the fee-to-trust transfer for the Santa Ynez Band of Chumash Indians, the Bureau of Indian Affairs issued a Finding of No Significant Impact on October 23, 2014.

(9)

On December 24, 2014, the Bureau of Indian Affairs Pacific Region issued a Notice of Decision indicating its intent to accept the fee-to-trust transfer of the Camp 4 land.

(10)

Throughout 2015, a number of parties appealed the Bureau of Indian Affairs’ proposed decision to take the Camp 4 land into trust on behalf of the Santa Ynez Band of Chumash Indians.

(11)

On January 19, 2017, Department of the Interior Principal Deputy Assistant Secretary-Indian Affairs Lawrence S. Roberts dismissed the appeals and affirmed the December 24, 2014, Bureau of Indian Affairs Pacific Region decision to place the Camp 4 land into trust on behalf of the Santa Ynez Band of Chumash Indians.

3.

Reaffirmation of status and actions

(a)

Ratification of trust status

The action taken by the Secretary on January 20, 2016, 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 20, 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 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.