Santa Ynez Band of Chumash Indians prevails in homelands litigation

Wednesday, September 5, 2018

The cards continue to fall into place for the Santa Ynez Band of Chumash Indians, whose homelands have long been the subject of controversy.

The tribe has repeatedly faced legal challenges to its land-into-trust applications in southern California. In one case, opponents fought the acquisition of a mere 6.9 acres, delaying plans for a museum and cultural center for nearly a decade.

So the stakes have been considerably higher with respect to a 1,400 land-into-trust application, where tribe plans housing and other development in order to prepare for future generations. Two lawsuits were filed after the Bureau of Indian Affairs, on the last full day of the Obama administration, reaffirmed a prior decision to acquire the property.

Last week, a federal judge did away with one of those challenges. Opponents claimed the acquisition of the land, known locally as Camp 4, violated the state's sovereignty, as well as the U.S. Constitution, but none of their arguments carried much weight with the court.

"State authority over tribal lands is inherently restricted, subject to tribal sovereignty and federal law," Judge Dolly M. Gee wrote in the August 30 ruling.

The Santa Ynez Band of Chumash Indians land-into-trust site, also known as Camp 4, in Santa Barbara County, California. Photo: Chumash Facts

The decision does not address the second challenge to the BIA's environmental assessment for the Camp 4 application. Santa Barbara County went to court eight days after President Donald Trump took office in January in hopes of derailing the tribe's plans.

But with the help of key members of Congress, the tribe reached an intergovernmental agreement with the county which calls for the dismissal of the case. The historic deal is incorporated in a homelands bill that is on the cusp of final approval on Capitol Hill.

"Tribes, we look at land in a way that is perpetual. When we set foot on land ... we look into the future, hundreds of hundreds of year into the future," Chairman Kenneth Kahn said in testimony on the bill in April. "It's vital for self-determination and for the strength of our customs and traditions for many, many generations."

The homelands bill, known as H.R.1491, the Santa Ynez Band of Chumash Indians Land Affirmation Act, passed the House last November. It was approved under a suspension of the rules, a process used for legislation with broad and effectively unanimous support.

The Senate Committee on Indian Affairs advanced the measure in June, after hearing from Kahn. It can now be considered by the full Senate for passage, the last step for the bill before it can be signed into law.

"Trust acquisitions are critical to rebuilding tribal homelands, particularly when it comes to tribes being able to house their members and provide for their well being," Sen. Tom Udall (D-New Mexico), the vice chairman of the committee, said at the June 11 business meeting where H.R.1491 was approved.

The case that was the subject of the court ruling last week is Geyser v. United States.

Documents from Turtle Talk

Plaintiffs [Opponents of Land-Into-Trust Application] Motion for Summary Judgement

US Motion for Summary Judgement

Plaintiffs Reply

US Reply

Court Order