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Chief Administrative Office recommending the Board:
1) Review the Notice of Application seeking acceptance of title to real property "in trust" by the United States of America for the Shingle Springs Rancheria Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract), California;
2) Provide direction to staff in cooperation with County Counsel to coordinate, and prepare to submit within the 30-day comment period, a comprehensive response on behalf of the County that incorporates the assessed impacts of the Federal Government accepting the specified parcels "in trust" that includes, but is not limited to, confirmation of the Legal Land Descriptions/Site Locations as provided within the Notice, assessment of the impact from the removal of the specified parcels from the tax roll, impact to surrounding land use and infrastructure, and impact to the delivery of County services; and
3) Authorize the Chair to sign a letter to the U. S. Department of the Interior, Bureau of Indian Affairs to formally request an extension on the comment period by an additional 30 days.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
The County has received from the U.S. Department of the Interior, Bureau of Indian Affairs, via Certified U.S. Mail delivery, a copy of the Notice of Non-Gaming Land Acquisition Application on November 3, 2023. The County has until December 3, 2023 to respond or request an extension to the comment period. The CAO recommends the Board request a 30-day extension to the comment period in order to work with other County Departments to draft a thorough and comprehensive response. The Notice was reported to have been provided to agencies and individuals reflected on a "Distribution List" included as an attachment to the Notice. This Distribution List included the Assessor, Treasurer-Tax Collector, Planning and Building Department, and Sheriff's Office, as well as the Board of Supervisors.
Per the notice, the Shingle Springs Band of Miwok Indians "Tribe" has submitted an Application to the U.S. Department of the Interior, Bureau of Indian Affairs to have real property accepted into trust for the Shingle Springs Rancheria Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract), California, by the United States of America. The Application provides the legal land descriptions for the following three parcels: APN's 319-020-05 (Buhler 1); 319-020-06 (Buhler 2); and 319-020-36 (Reddy). These three parcels total approximately 21.197 acres and are defined as located not contiguous to the boundaries of the Tribe's existing reservation in Shingle Springs. Per the Notice of Application, the Project Description/Proposed Land Use provides that, "The Buhler 1 parcel has an existing home located on it and will continue to be used for housing. The Buhler 2 and Reddy parcels are currently vacant and undeveloped. The proposed use for these parcels is to provide additional housing for tribal members."
Per the direction provided within the Notice, the determination whether to acquire this property in trust will be made in the exercise of discretionary authority, which is vested in the Secretary of the Interior, or his authorized representative, U.S. Department of the Interior. To assist the U.S. Department of the Interior in the exercise of that discretion, the County of El Dorado now has the opportunity to comment on the proposed acquisition.
In order for the Secretary of the Interior to assess the impact of the removal of the specified parcels from the tax roll, the U.S. Department of the Interior has requested that the County's comments include information specific to each of the subject parcels, including: the annual amount of property taxes levied on each parcel; any special assessments currently assessed against each the parcels in support of the County; any government services currently provided to each of the parcels by the County; and if the parcels are subject to zoning, how the intended use is consistent, or inconsistent, with current zoning.
The CAO recommends the Board provide appropriate direction to staff to ensure that the County provides written comments to the U.S. Department of the Interior, Bureau of Indian Affairs that reflect a thorough and comprehensive analysis of the assessed impacts of the Federal Government accepting the specified parcels "in trust" for the Shingle Springs Band of Miwok Indians. The response, once drafted, will be brought to the Board for approval before it is transmitted to the Bureau of Indian Affairs.
ALTERNATIVES
The Board could choose to direct staff to draft the response without requesting a 30-day extension or the Board could choose not to respond.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
FINANCIAL IMPACT
There is no financial impact associated with this request for extension.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk to obtain the Board Chair’s signature on one original of the attached letter and forward to the CAO’s office for transmittal.
STRATEGIC PLAN COMPONENT
Good Governance
CONTACT
Alison Winter, Principal Management Analyst