The Senate Committee on Indian Affairs heard testimony related to Santa Ynez Valley land — known as Camp 4 — at the heart of a dispute regarding Chumash tribal plans to develop the property.

The hearing centered on H.R. 1491, a bill to reaffirm the interior secretary’s decision to place the 1,400 acres at Camp 4 into trust for the Santa Ynez Band of Chumash Indians. 

The bill has passed the House of Representatives, and now is in the Senate.

Also part of the hearing was a different bill, H.R. 597, related to a similar issue in Sonoma County for the Lytton Rancheria of California.

The Santa Ynez dispute centers on land near the intersection of highways 154 and 246, which the tribe wants to use to build 143 homes plus a tribal hall and administrative building. Most of the land remaining would be used for open space or agriculture.

But neighbors oppose the proposal, with a Santa Ynez Valley Coalition representative expressing concerns about expanded gaming operations on Chumash land where tribal houses now sit.

Fee to trust refers to the Bureau of Indian Affairs taking land into trust for the benefit of a tribe., a step undertaken in 2017 for the Camp 4 property, according to Darryl LaCounte, acting deputy bureau director for BIA’s Office of Trust Services.

Sen. Tom Udall, D-New Mexico, asked how the legislation would provide the certainty about land ownership.

“Self determination is vital in Indian country,” said Kenneth Kahn, Chumash tribal chairman.

Enhancing housing opportunities will provide a chance for the tribe to thrive culturally thorough Chumash customs and traditions, he added.

“It’s our perspective that if we didn’t have the ability to have trust lands then we would probably be extinct today,” Kahn said. “It’s about cultural survivability for the future.”

The Chumash tribal chairman earlier said the legislation ratifies the decision to put the land into trust for the tribe.

If enacted, it will allow the tribe to expedite the construction of 143 homes for tribal members, he said.

For approximately 20 years, the tribe has conducted gaming operations that have served as a catalyst to rebuild its government and culture, he said. 

“To be clear, we do not want to build a casino on the land and we do not want to export the water,” he said. 

After seven years, he noted, the tribe and Santa Barbara County entered into binding mitigation agreement that calls for paying the county $178,500 annually.

Despite the fact the BIA had taken the land into trust, Kahn said, the tribe continued negotiations with the county.

He urged senators to approve H.R. 1491.

“The bill will expedite much-needed housing for tribal members, and will set a precedent that good-faith negotiations between tribes and local governments will be rewarded,” Kahn said.

But William “Bill” Krauch, Santa Ynez Valley Coalition chair, said the group opposes H.R. 1491 and plans for the land considered “the gateway of the Santa Ynez Valley.”

He said the pact with Santa Barbara County needs revisions, including extending the length beyond the expiration of 2040, and requiring housing to be built on other better-suited tribal property.

The coalition seeks to protect the valley’s water, he said.

“We are very concerned about what water rights are conveyed to the tribe from this legislation, and that this issue must be clarified in H.R. 1491 to avoid substantial litigation in the future,” Krauch said.

He also suggested citizens be allowed to file lawsuits to ensure the county enforces the memorandum of agreement. 

Krauch also said the federal legislation should “prevent a gaming bait and switch.”

“While H.R. 1491 permanently prohibits gaming on Camp 4, it does not prevent expansion of gaming by the Chumash,” Krauch said. “When the new homes are built on Camp 4, the homes on the existing reservation could be razed, and that land could be used to build a second casino or significantly expand the existing one.”

He urged the committee to reform the fee-to-trust process, and said the coalition supports the Chumash desire to address their housing needs.

“All we are asking is the same thing that is asked of every non-tribal resident in the valley — to help us conserve its character and resources for all future generations,” Krauch said.

BIA encourages tribes to enter into memoranda of agreement with local governments, LaCounte said.

“It always works better when there’s clear communication line and there’s clear land use plans in place,” LaCounte said.

The Bureau of Indian Affairs has 1,300 applications pending from tribes seeking to get land put into trust. Off-reservations acquisitions account for 200 of those applications, and 21 seek to add gaming, LeConte said.

In the past 15 months, the department has acquired 16,000 acres under fee to trust, he added.

— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.