Title
Chief Administrative Office recommending the Board:
1) Receive and file a letter from the Shingle Springs Band of Miwok Indians dated August 23, 2024, regarding a request for a Letter of Support for the Indian Creek Ranch Land Transfer Bill;
2) Establish a Tribe Ad Hoc Committee to work with staff on pending or proposed tribal fee-to-trust land acquisitions;
3) Appoint two members of the Board to the Ad Hoc Committee; and
4) Provide direction to staff to respond to the request or work with the Ad Hoc Committee to draft a response to the request.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
Indian Creek Ranch Subdivision Background
On December 11, 2008, the Planning Commission recommended the Board of Supervisors approve the Rezone, Development Plan, and Tentative Subdivision Map for the Indian Creek Ranch Subdivision (TM08-1472) submitted by Echo Lane Investors, LLC.
On February 3, 2009, with Legistar file 09-0052 (version 1), the Board approved the Rezone, Development Plan, and Tentative Subdivision Map for the Indian Creek Ranch Subdivision. The map had an original expiration date of February 3, 2012, which was legislatively extended to an expiration of February 3, 2016.
On May 26, 2016, with Legistar file 09-0052 (version 2), the Board approved an extension to the expiration date of the Tentative Subdivision Map for five years to February 3, 2021.
On May 18, 2021, with Legistar file 21-0699, the Board approved the Large Lot Final Map (TM-F20-0006) for Indian Creek Ranch. The Indian Creek Ranch Large Lot Final Map created a total of 13 large lots for financing purposes.
The Shingle Springs Band of Miwok Indians (Tribe) acquired the parcels from Echo Lane Investors, LLC on April 27, 2022.
On October 11, 2022, with Legistar file 22-1719, the Board approved a Final Map for the Indian Creek Ranch Subdivision for Indian Creek Ranch Unit 1 (TM-F22-0001), creating a total of four residential lots, and three lettered lots, on property identified as Assessor’s Parcel Number 327-320-001. In order to receive approval of this Final Map, the Tribe complied with multiple Conditions of Approval that were applicable at that stage of the development process, including the payment of $27,166 for mitigation in-lieu fees for oak canopy removal and $1,960 for parkland dedication in-lieu fees.
Fee-to-Trust Process
The Indian Reorganization Act (IRA) allows the Secretary of the Interior the discretion to acquire trust title to land or interests in land for tribes in the U.S. Additionally, Congress may authorize the Secretary to acquire title to particular land and interests in land into trust under statutes other than the IRA.
To assist the Secretary in their approval to place lands within El Dorado County into trust, the County is given the opportunity to comment on the proposed acquisition. During the County’s comment period, the public may provide comment to the Secretary as well. 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 entire process for the Secretary to place lands into trust can take 3-5 years to complete. To expedite the process, Congress can instead pass a bill to place the land into trust for a tribe. Congressman McClintock has expressed interest in introducing a bill to place the parcels in the Indian Creek Ranch Subdivision in addition to Bureau of Land Management parcels into trust for the Tribe.
Tribe’s Request for a Letter of Support from the County
On August 23, 2024, the Tribe sent a letter to the Board of Supervisors requesting a letter of support for Congressman McClintock to include Indian Creek Ranch in the congressional bill. The Tribe also offered a lump sum payment of $750,000 to compensate the County for lost property tax revenue and other expenses. The Tribe is also willing to enter into an agreement to ensure certain terms including complying with some of the conditions of approval associated with the approved Indian Creek Ranch Subdivision Map.
The County has previously expressed its support for tribal housing. The Indian Creek Ranch parcels are currently zoned for residential and open space, and there is an approved Final Large Lot Map for the entire project and a Final Map for one of the lots within the Large Lot Map. The Tribe currently has the ability to build homes for their members on Indian Creek Ranch pursuant to the conditions of approval of the Map.
The County estimates the following lost revenues if the parcels are developed after being placed into trust:
§ Estimated future Property Tax for 10 years assuming 2% growth: $5,445,286 (this amount would be distributed to County, Special Districts, and Schools dependent on Tax Rate Area)
§ Estimated Traffic Impact Fee: $2,315,978
§ Estimated Oak Woodland Area In-Lieu Fee: $98,840
§ Estimated Parkland Dedication In-Lieu Fee: $36,260
§ Estimated Mother Lode School District Mitigation Fee: $538,720 (would be paid to the School District not the County)
Tribe Ad Hoc Committee
The Ad Hoc Committee is recommended to be established in order to allow two supervisors to discuss and work with staff on pending or proposed tribal fee-to-trust land acquisitions and bring any recommendations back to the Board. Possible topics for the Ad Hoc Committee to discuss could include the response to the Tribe’s request in this letter and other fee-to-trust applications by the Tribe.
ALTERNATIVES
The Board could choose not to establish the Ad Hoc Committee nor respond to the request.
PRIOR BOARD ACTION
10/11/2022 Legistar file 22-1719
05/18/2021 Legistar file 21-0699
05/26/2016 Legistar file 09-0052 version 2
02/03/2009 Legistar file 09-0052 version 1
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
FINANCIAL IMPACT
There is no financial impact associated with the actions in this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Alison Winter, Principal Management Analyst