79–010 

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 

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1 Action by the Assistant Secretary—Indian Affairs on appeal, 25 C.F.R. § 2.20(c) (2017). 

2Order Dismissing Administrative Appeals, Kramer, et al. v. Principal Deputy Assistant Secretary—Indian Affairs (AS–IA) (filed July 13, 2017). 3 Id. 

4 25 U.S.C. § 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). 

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. § 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. § 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

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. § 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. 

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 CounVerDate Sep 11 2014 04:16 Aug 24, 2018 Jkt 079010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR326.XXX SR326
3 

5Letter 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. 

ty’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

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, Ca ́ rdenas, 

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. 

4 

7 A copy of these answers are on file with the Committee Clerk. 

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

114th Congress. On February 27, 2015, Representatives LaMalfa, 

Cole, Cook, Denham, McClintock, Nunes, Valadao, Ca ́ rdenas, 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 cosponsor. 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, 

Ca ́ rdenas, 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 

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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. § 

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 rightof-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. 

6 

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. 

7 

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. 

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