May 29,2002
Ms. Nancy Alex
Branch of Lands
Bureau of Land Management
2800 Cottage Way, W1834
Sacramento, CA. 95825
Re:
Application for Disclaimer Pursuant to 43 C.F.R. 1864
Dear Ms. Alex:
The following application for issuance of a disclaimer is
being submitted on behalf of the Santa Ynez Band of Chumash Indians (the
“Tribe”.). Enclosed please find the requisite $100 application fee, payable to
the United States Department of Interior.
As you are aware from discussions with Solicitor Shillito, there are two parcels of land near the
reservation which the County of Santa Barbara shows title being held in the
name of the Secretary of the Interior of the United States, but the Bureau does
not. The confusion appears to stem from a series of deeds and disclaimers which
preceded the creation of the reservation.
Attached as Exhibit 1 is
a complete copy of the Abstract of Title for the Santa Ynez Reservation.
This Abstract contains the 1940 Solicitor’s Opinion which indicates that all
necessary disclaimers had been received in order to clear title for the
reservation. Apparently, however, the disclaimers necessary to clear title were
never recorded with the County.
History
of Transfers
and Disclaimers
In 1903, the Santa Ynez Land and Improvement Company
deeded certain parcels of land to the Secretary of the Interior of the United
States for the benefit of Five families of the Santa
Ynez band of Mission Indians. (Item number 35 in the Chain of Title at page 85
of the Abstract).
This deed contained a right of reverter
which stated that in the event of the death of all of the five families and
their lineal descendants, the property would revert to the Santa Ynez land and
Improvement Company or its successors. In 1937, in contemplation of creation of
the reservation, Archie M. Hunt and Harold J. Buell, successors of the Santa
Ynez Land and Improvement Company, executed a quitclaim deed covering a major
portion of what is now the Santa Ynez reservation. (Item number 67 in the Chain
of Title at Page 202 of the Abstract.)
This quitclaim deed gave rights to the land within the
reservation boundaries, which had been subject to the right of reverter, to the United States Secretary of the Interior.
In addition, a 1937 disclaimer was executed by Oswaldo Carlos Robles and Juan Cota,
as sole remaining descendants of the five families. (Item number 71 in the
Chain of Title, at Page 217 of the Abstract) This disclaimer covered the two
parcels of land at issue now. Further, a 1937 Resolution and Disclaimer by the
Tribe indicates an intent for those parcels to revert
to the successors of the Land and Improvement Company. (Item
numbers 69 and 70 in the Chain of Title at Page 213 and 215 of the Abstract
respectively.)
Those two parcels were not included within the reservation
boundaries at its creation.
Documentation
regarding Lineal Descendants
For whatever reason, the disclaimers were never recorded
with the County, and thus the County believes the two parcels are still held in
title by the United States. Both the Bureau of Indian Affairs and the Tribe
have verified that there are no living lineal descendants of the original five
families. (See Exhibits 2 and 3).
Therefore, even had the disclaimer been invalid, the right
of reverter would apply and the land would revert to
the successors of the Santa Ynez land and Development Company.
Copies of the current title reports, showing title held by
the Secretary of the Interior of the United States, are attached as Exhibits 4
and 5.
These title reports contain a legal description of the
properties, as well as copies of the Assessor’s Parcel Map pages depicting the
parcels. In addition, copies of the plat survey and field notes will follow.
Conclusion
For the foregoing reasons, the Santa Ynez Band of Chumash
Indians request that the Bureau of Land Management take action on this
application and issue a disclaimer of the two parcels as described in Exhibits
4 and 5.
Should you require further information or documentation
please do not hesitate to contact me at (760) 746-8941 ext. 122.
Very truly yours,
CALIFORNIA
INDIAN
LEGAL
SERVICES
Brenda
L. Tomares
Staff
Attorney
cc w/ enclosures ( except Exhibit
1):
Daniel G. Shillito, Esq.
2800 Cottage Way, E-1713
Sacramento, CA. 95825