County of Sonoma Agenda Item Summary Report

Transcription

1 Revision No County of Sonoma Agenda Item Summary Report Agenda Item Number: 8 (This Section for use by Clerk of the Board Only.) Clerk of the Board 575 Administration Drive Santa Rosa, CA To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): County Counsel/County Administrator s Office Staff Name and Phone Number: Holly Rickett Rebecca Wachsberg Title: Supervisorial District(s): Intergovernmental Mitigation Agreement Regarding the Alexander Valley Campground Between Dry Creek Rancheria Band of Pomo Indians and County of Sonoma Recommended Actions: Adopt a Resolution to authorize the Chair to execute an Intergovernmental Mitigation Agreement with the Dry Creek Rancheria Band of Pomo Indians to address the Tribe s request to the Secretary of the Interior to accept the 6-acre Alexander Valley RV Park and Campground located at 2411 Alexander Valley Road, Geyserville, into federal trust status for Non-Gaming Purposes. Executive Summary: This item is to enter into an Intergovernmental Mitigation Agreement ( IMA ) pursuant to the County s March 2008 Memorandum of Agreement (MOA) with the Dry Creek Rancheria Band of Pomo Indians (Tribe). The Tribe currently owns 75 acres of federal trust lands known as the Dry Creek Rancheria (Rancheria), on which the River Rock Casino is located, and the contiguous Dugan Property. The Tribe also owns non-trust properties including land in Petaluma and Geyserville, including the Alexander Valley RV Park and Campground ( Campground Property ). The Campground Property has been an established RV park and campground since the late 1960 s. The Campground Property comprises approximately 6 acres, which, while not contiguous to the Rancheria, is located within the Tribe s aboriginal area approximately four miles southeast of the Rancheria. The Campground Property provides access to the Russian River, contains 60 RV sites, 24 tent sites, a camp store, manager s residence, restrooms and showers. Electrical services are provided by PG&E and water is provided by an on-site well. Tribal members have frequently used the Campground since the 1950 s for picnics and family activities, primarily for its access to the Russian River. The Tribe purchased the Property in 2006 for $2 million dollars. In 2013, the Tribe paid the mortgage in full and was granted fee title. Since its purchase, the Tribe has operated the Property as a campground business, open to the public. A large number of tribal members regularly camp at the site, and are also employed as part of the Campground business. All

2 Revision No In November 2014, the Tribe submitted a fee to trust application to the Secretary of the Interior to accept the Campground Property into federal trust status for non-gaming purposes. An Environmental Overview report was provided as part of the application. The Tribe s application states that it does not seek to change the land use and therefore there will be no environmental impacts resulting from the approval of their application. The Tribe has made capital improvements on the site and has stated that it will continue to manage and operate the site to protect the Campground uses. The Tribe emphasizes in the application that the Tribe s existing trust lands are not equivalent in any way to the Campground Property because of the Tribe s use of this Campground site for Russian River access and camping. The 2008 MOA includes a provision (14.1) that provides for future trust acquisitions and tribal development, which requires that the Tribe shall consult with the County prior to filing an application to take additional land into trust. It also requires that economic development proposals on future trust lands meet certain criteria for County support, including that the Tribe have significant ties to the land, that the economic proposal is subject to an appropriate environmental review process, and that the Tribe and County have entered into an Intergovernmental Mitigation Agreement to insure mitigation of any adverse environmental impacts of the proposal. Nothing in the 2008 MOA however, binds the Tribe to the General Plan for development on trust lands or requires that the County support any specific trust application or project. The MOA was originally set to expire in 2020, however, in September 2015, the Board adopted an Amendment to the 2008 MOA which extended the expiration term to Staff has worked with the Tribe to produce a proposed IMA that is consistent with the MOA, satisfies the Tribe s obligations under the MOA regarding trust land acquisition, and adequately addresses the County s development and mitigation concerns. Proposed Provisions of the IMA: Expiration: The proposed IMA is essentially part of the 2008 MOA and incorporates all terms of the 2008 MOA, and would expire in 2030, when the 2008 MOA expires, unless a new agreement replaces it. Satisfaction of the MOA: The parties agree that the Tribe s obligations under section 14.1 of the MOA are satisfied regarding this specific trust land acquisition, which anticipates no change in land use, and that the Tribe has meaningful considered the County General Plan and zoning Ordinances in the course of its environmental review. Gaming: The Tribe agrees that for the duration of the IMA (2030) not to apply for gaming or conduct gaming on the subject property. Russian River Access: The Tribe agrees to confer with the County on any Tribal proposal to restrict existing public access through the Campground Property to the Russian River and/or its beachhead. In Lieu Property Taxes: The Tribe agrees to continue to pay the current property tax amount as an in lieu payment of approximately $21,527 annually, until 2032, which is two years after the current expiration of the MOA. The extra two years of tax payments (roughly $43,000) are intended to compensate the County for the administrative costs of negotiating and implementing the IMA. The in lieu payments will be adjusted yearly by the Consumer Price Index, not to exceed 2% annually. With these mitigation payments, the County agrees at its discretion to contribute to and support special local projects or programs in the Alexander Valley Region with notification to the Tribe.

3 Revision No County Easement: The County currently has an access easement to enter the property for the purpose of observing, testing, and monitoring the sewage holding tank for RV use. Since taking ownership of the Property, the Tribe has been responsible for regulating all of those activities and maintains that it has the ability and qualifications to conduct its own inspections and regulate the non-standard sewage disposal system. In 2011, the Tribe was granted Treatment in the Same Manner as a State authority by the EPA for purposes to administer their own water quality standards of the surface and groundwater within its Tribal lands. The County access easement would be cancelled as an element of the fee to trust transfer and the Tribe would be responsible for emptying the underground septic tanks and delivering the waste to the Tribe s wastewater treatment facility on the Rancheria. New Improvements on Campground Property: The parties agree that in the event the Tribe s use of the Campground Property entails new construction, improvements or expansion, the MOA provisions already in place to make sure that impacts, including financial impacts, are mitigated, would govern. MOA Full force and effect: Except as explicitly changed or amended by the IMA, all terms and provisions of the MOA will remain in full force and effect following adoption of the IMA. County Letter of Support of FTT Application: The Chair of the Board would execute correspondence to the appropriate agencies stating its support for the Tribe s efforts to take the Campground Property into trust status. Staff recommends that the Board authorize the Chair to execute this IMA. Prior Board Actions: September 15, 2015: Board approved an amendment to the 2008 MOA to address loss of mitigation payments due to the County, and to extend the 2008 MOA expiration to December 31, March 18, 2008: Board approved the Memorandum of Agreement (MOA) between the Dry Creek Tribe and the County. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship This agreement with the Dry Creek Tribe supports environmental mitigation efforts, infrastructure and sustainable economic development. Expenditures Fiscal Summary - FY Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $

4 Revision No Narrative Explanation of Fiscal Impacts (If Required): This action will provide that, if and when, the Campground Property is taken into federal trust status, the Tribe must pay in lieu tax payments for the Campground Property, including any adjustments by the Consumer Price Index, through That payment is estimated to start at $21,527 annually. Staffing Impacts Position Title (Payroll Classification) Monthly Salary Range (A I Step) Additions (Number) Deletions (Number) Narrative Explanation of Staffing Impacts (If Required): Attachments: Attachment A. Proposed Resolution Attachment B. Proposed Intergovernmental Mitigation Agreement Regarding the Alexander Valley Campground Between Dry Creek Rancheria Band of Pomo Indians and County of Sonoma Attachment C. Dry Creek Rancheria Fee to Trust Application (Exhibit A to the Intergovernmental Mitigation Agreement) Attachment D. County Assessor s Parcel Map Attachment E. Photos of the Alexander Valley RV Park and Campground Related Items On File with the Clerk of the Board: Exhibits B-D to the Intergovernmental Mitigation Agreement Memorandum of Agreement Between the Dry Creek Rancheria Band of Pomo Indians and County of Sonoma (March 18, 2008)

5 County of Sonoma State of California Date: September 27, 2016 Item Number: Resolution Number: 16-4/5 Vote Required Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Approving The Intergovernmental Mitigation Agreement Between the County of Sonoma and the Dry Creek Rancheria Band of Pomo Indians. Whereas, the County of Sonoma (herein referred to as County ) has worked on a government to government basis with the Dry Creek Rancheria Band of Pomo Indians (herein referred to as Tribe ) regarding the Tribe s November 2014 application to the Secretary of the Interior to have one parcel compromising approximately 6 acres of land located at 2411 Alexander Valley Road, Healdsburg (AP# ) placed into federal trust status for non-gaming purposes, including camping, recreation, and continued existing use as the public Alexander Valley Campground (herein referred to as the Trust Land Acquisition ); and Whereas, the Tribe and the County have participated in a series of meetings, to discuss the process and substance for addressing potential environmental impacts as is required in Section XIV of the 2008 Memorandum of Agreement between the Tribe and the County, and have negotiated a comprehensive Intergovernmental Mitigation Agreement (herein referred to as the proposed Agreement ) to address the transition of the subject property into Trust Land Acquisition; and Whereas, the proposed Agreement is entered into pursuant to the Memorandum of Agreement Between the Tribe and the County, dated March 18, 2008, as interpreted, implemented, and modified under the letters of May 28, 2010, May 23, 2011, and July 12, 2012, and as amended on September 22, 2015, by the Amendment to Memorandum of Agreement (collectively 2008 MOA ); and Whereas, it is the express intent of both parties that the proposed Agreement satisfies the requirement of Section XIV-14.1 of the 2008 MOA, and since there is no proposed change in use of the Trust Land Acquisition as a public campground, specific impacts are difficult to measure and that the mitigation measures agreed upon in the proposed Agreement are intended as good faith mitigation of identified impacts as required by Section XIV of the 2008 MOA; and

6 Resolution # Date: September 27, 2016 Page 2 Whereas, the Parties agree that the proposed Trust Land Acquisition is consistent with the 2008 MOA and is subject to an appropriate environmental review process for an acquisition that will not result in a change in land use, and therefore falls under a Categorical Exclusion from the 1969 National Environmental Policy Act ( NEPA ) and does not trigger the California Environmental Quality Act ( CEQA ); and Whereas, the proposed Agreement includes the Tribe agreement not to apply for or otherwise seek federal approval for gaming purposes on this Trust Land Acquisition; and Whereas, the Tribe currently holds a Use Permit which allows the County ingress and egress to the subject Trust Land Acquisition for the purpose of evaluating and monitoring the Tribe s non-standard individual sewage disposal system for an RV septic tank dump station, but because the Tribe is federally qualified to conduct its own inspections and regulate the non-standard individual sewage disposal system, the proposed Agreement provides that once the Trust Land Acquisition is taken into federal trust, the Use Permit would be cancelled; and Whereas, the proposed Agreement includes the Tribe s agreement of payment to the County of in lieu of tax payments to 2032 to off-set impacts on public services; and Whereas, this Agreement, as specifically required in Section XIV of the 2008 MOA, is an important step in furthering a government-to-government relationship and building trust, mutual respect and cooperation that is intended to benefit both the Tribe and the entire Sonoma County community; Now, Therefore, Be It Resolved that the Board of Supervisors approves the proposed Intergovernmental Mitigation Agreement between the County of Sonoma and the Dry Creek Rancheria Band of Pomo Indians and that the Chair of the Board of Supervisors is fully authorized, on behalf of the County, to execute the proposed Agreement, including any minor amendments thereto approved by County Counsel; to issue correspondence to the appropriate state and federal agencies setting forth the County s support of the Tribe s application for the Trust Land Acquisition; and to execute any other instruments or writings as may be required to implement the terms of the Agreement. Supervisors: Gorin: Rabbitt: Zane: Gore: Carrillo: Ayes: Noes: Absent: Abstain: So Ordered.

7 INTERGOVERNMENTAL MITIGATION AGREEMENT REGARDING THE ALEXANDER VALLEY CAMPGROUND BETWEEN DRY CREEK RANCHERIA BAND OF POMO INDIANS AND COUNTY OF SONOMA, CALIFORNIA This Intergovernmental Mitigation Agreement ( Agreement ) between the County of Sonoma (the County ) and the Dry Creek Rancheria Band of Pomo Indians (the Tribe ) (referred to herein collectively as the Parties and as to each as a Party ) is entered into pursuant to the Memorandum of Agreement Between the Tribe and the County, dated March 18, 2008, as interpreted, implemented, and modified under the letters of May 28, 2010, May 23, 2011, and July 12, 2012, and as amended on September 22, 2015, by the Amendment to Memorandum of Agreement (collectively 2008 MOA ). The terms County and Tribe as used herein shall include the Parties governmental entities, departments and officials unless otherwise stated. RECITALS A. WHEREAS, the Tribe is a federally-recognized Indian Tribe, located on federal trust lands known as the Dry Creek Rancheria ( Rancheria ), within the geographic boundaries of the County; and B. WHEREAS, the County is a political subdivision of the State of California; and C. WHEREAS, the Tribe is currently seeking to have one parcel comprising approximately 6 acres of land located at 2411 Alexander Valley Road, Healdsburg, in the unincorporated part of Sonoma County, California placed into federal trust status (the Trust Land Acquisition ) to restore former tribal lands and maintain the Tribe s ancestral connection to the Russian River for camping, recreation and existing use as the public Alexander Valley Campground (the Campground ); and D. WHEREAS, the Tribe has significant ties to the land that is subject to the Trust Land Acquisition, including tribal use since before contact with non-indians that is documented in ethnographic reports, and contemporary use by tribal members, including the elders who have fond memories of holding tribal picnics at the site that is now the Alexander Valley Campground, which is documented in the November 2014 Application of the Dry Creek Rancheria to the Secretary of the Interior to Accept Land into Trust for Non-Gaming Purposes (the Application ) which is attached as Exhibit A, and the Environmental Overview which is attached as Exhibit B; and E. WHEREAS, beginning in late 2014 and continuing to the present, the Tribe and the County participated in a series of meetings, to discuss the process and substance for addressing 1

8 potential off-reservation environmental impacts as required in Section XIV of the 2008 MOA, and possible additional mitigation measures that might be taken with respect to the Trust Land Acquisition, consistent with the Tribe's sovereignty and applicable laws; and F. WHEREAS, the Tribe subsequently prepared and the Bureau of Indian Affairs ( BIA ) circulated an Environmental Overview ( EO ) dated February 2015 for the proposed Trust Land Acquisition, that adequately studied the potential impacts of the proposed trust acquisition, which does not propose any change in land use, and therefore falls under a Categorical Exclusion from the National Environmental Policy Act of 1969 (P.L , 42 U.S.C. 4347); and G. WHEREAS, the Tribe consulted with the County on September 19, 2014, November 3, 2014, and January 22, 2015, prior to filing the Application with the BIA and provided the County with an electronic copy of the Application and all Exhibits, including the EO, on September 1, 2015, at the same time that it was provided to the BIA. There have been no changes to the Application or any Exhibits thereto since they were filed with the BIA, and for purposes of this Agreement, the County has relied thereon. The County has had adequate time to review the Trust Land Application; and H. WHEREAS, the Tribe currently holds a Use Permit #1506 which allows the County s Permit and Resource Management Department ingress and egress to the Campground for the purpose of observing, testing, sampling, placing and removing of test devices and evaluating and monitoring the Tribe s non-standard individual sewage disposal system for the RV septic tank dump station, which is attached as Exhibit C; and I. WHEREAS, on October 17, 2011, the Tribe was granted Treatment in the Same Manner as a State ( TAS ) authority under 518(e) of the CWA to administer CWA 303(c) Water Quality Standards ( WQS ) and 401 Certification of the surface and groundwater within its Tribal lands (see Federal Register Notice attached as Exhibit D) and is thus qualified to conduct its own inspections and regulate the non-standard individual sewage disposal system pursuant to its TAS status; and J. WHEREAS, since there is no proposed change in use of the Trust Land Acquisition as a public campground, specific impacts are difficult to measure and that the mitigation measures agreed upon below are intended as good faith mitigation of identified impacts as required by Section XIV of the 2008 MOA; and K. WHEREAS, this Agreement, as specifically required in Section XIV of the 2008 MOA, is an important step in furthering a government-to-government relationship and building trust, mutual respect and cooperation that is intended to benefit the Tribe, its members and the entire Sonoma County community; NOW, THEREFORE, pursuant to Section XIV-14.1 of the 2008 MOA, the Parties agree as follows: 1. This Agreement shall become effective immediately upon the date of the last required signature. 2

9 2. Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the 2008 MOA. 3. It is the express intent of the parties that this Agreement satisfies the requirement of XIV of the 2008 MOA. 4. The Parties agree that they met and consulted on September 19, 2014, November 3, 2014, and January 22, 2015, prior to the Tribe filing the proposed Application with the United States to take additional land into trust within Sonoma County, and since that time their representatives have had ongoing discussions regarding the Application, this Agreement, and the issues that arise for both parties. 5. The Tribe acknowledges, and the County agrees, that the Tribe has provided in the Application, as well as Exhibit J to the Application and the Environmental Overview, sufficient information to support that it has significant ties to the land that is subject to the Trust Land Acquisition as required by Section XIV-14.1 of the 2008 MOA. 6. The Parties agree that the proposed Trust Land Acquisition is consistent with the 2008 MOA and is subject to an appropriate environmental review process for an acquisition that will not result in a change in land use. 7. The Parties agree that the Tribe s Trust Land Acquisition does not trigger the California Environmental Quality Act ( CEQA ), California Public Resources Code et seq., as set forth in Section XXIV of the MOA; that this Agreement satisfies the Tribe s obligations under Section XIV-14.1 of the 2008 MOA regarding this specific Trust Land Acquisition, which anticipates no change in land use; and that the Tribe has meaningfully considered the County s General Plan and Zoning Ordinance in the course of its environmental review. 8. The Parties agree that this non-gaming Application conforms to the September 2015 Amendment to the 2008 MOA in that the Tribe agrees not to apply for or otherwise seek federal approval for gaming purposes on this Trust Land Acquisition. 9. The Tribe acknowledges, and the County agrees, that this Agreement insures mitigation of any adverse environmental impacts of the proposal. Nothing in this Agreement, however, shall be construed to subject or otherwise bind the Tribe to the County General Plan for development on the Trust Land Acquisition or require that the County support any specific trust application or Project. 10. The County recognizes that the County General Plan and Zoning Ordinance will not be applicable to the Trust Land Acquisition, unless specifically stated in this Agreement or the 2008 MOA. The Tribe recognizes that the County General Plan is an important and valued exercise of County authority and agrees that if the Tribe proposes a Tribal Commercial Development project other than the Campground on the Trust Land Acquisition, then the Tribe shall engage in meaningful consultation with the County regarding off trust land impact mitigation and mitigation costs, and give meaningful consideration to the County General Plan and Zoning Ordinance. 3

10 11. The Parties agree that public access from and through the Trust Land Acquisition to the Russian River is an important issue for both the Tribe and the County, and therefore the Tribe agrees to confer with the County on any Tribal proposal that would restrict existing public access to the Russian River and/or its beachhead. 12. The County acknowledges, and the Tribe agrees that it is in the interest of both parties to cancel the County s Use Permit #1506 which includes an easement, attached as Exhibit C, and for the Tribe to assume full responsibility for observing, testing, sampling, placing and removing of test devices and evaluating and monitoring the Tribe s non-standard individual sewage disposal system for the RV septic tank dump station. 13. To ensure that the non-standard individual sewage disposal system is maintained properly, the Tribe will assume jurisdiction and all responsibility over its maintenance and operation under the following Tribal Laws: Tribal Environmental Codes Adoption Date Solid Waste Disposal Ordinance July 20, 2002 Water Quality Ordinance July 20, 2002 (updated 4/30/16) Sewer System Ordinance August 3, 2003 Water Supply System Ordinance August 3, 2003 Water Well Standards Ordinance January 9, The Parties agree that the non-standard individual sewage disposal system will be regulated by the Tribe s Department of Environmental Protection. The Tribe shall empty the Underground Storage Tank and deliver the waste to the Tribe s wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its Authorization to Discharge under the National Pollutant Discharge Elimination System ( NPDES Permit ), from the United States Environmental Protection Agency ( USEPA ). 15. The Tribe shall observe, test, sample, place and remove test devices and evaluate and monitor the non-standard individual sewage disposal system consistent with the above referenced Tribal Ordinances and has provided the County with copies of each Ordinance listed above. 16. The County does not generally have permitting authority over development on Trust Lands, except as provided under the 2008 MOA, and state, and federal laws. 17. Payments made under this agreement do not constitute taxes, exactions or fees. 18. Once the Trust Land Acquisition conveyance has been recorded in the County records, the Tribe shall make an annual payment to the County in lieu of property taxes until December 31, 2032 ( the In Lieu Payment ). The In Lieu Payment shall be paid as follows: 4

11 a. The Tribe shall pay the current tax amount of $21,527.58, as adjusted by changes in the Consumer Price Index, either in two equal installments on December 15 of that tax year and the following April 15, or in one lump sum on December 15 of each year, at the discretion of the Tribe. b. The Consumer Price Index (CPI) shall not exceed 2% annually as calculated on January 1. c. The first In Lieu Payment due from the Tribe after the Trust Land Acquisition conveyance has been recorded in the County records, may be pro-rated by the County, depending on how much property taxes the Tribe paid to the County in that same year. Notice of the pro-rated amount will be sent in writing to the Tribe. 19. Use of any In Lieu Payment received by the County from the Tribe pursuant to this Agreement is subject to the sole discretion of the County Board of Supervisors. However, the County recognizes the importance of supporting the Alexander Valley region and of directing funds and financing to benefit projects and programs in the Alexander Valley region. In recognition of the importance of the Alexander Valley Region, the County may direct any portion of the In Lieu Payment received pursuant to this Agreement, to projects and programs in the Alexander Valley Region. The Tribe will be notified of any such action. 20. In consideration for the commitments made by the Tribe in this Agreement, the County agrees to support the Tribe s efforts to take the Trust Land Acquisition parcel into trust. The County agrees to issue correspondence to the appropriate state and federal agencies stating its supporting position to the federal government officials responsible for the Trust Land Acquisition. The County further agrees not to challenge any administrative decision to place the land into federal trust for the benefit of the Tribe. The County reserves the right to submit comments as part of the NEPA process on particular aspects of that Application, which shall be consistent with this Agreement. 21. The Parties agree that the terms and conditions of the 2008 MOA remain in full force and effect, and shall be incorporated by reference herein as a part of this Agreement to the end term of this Agreement. Any dispute by either party to any provision in this Agreement, shall be governed by Section XX-Dispute Resolution in the 2008 MOA. IN WITNESS WHEREOF, the Parties hereby execute and enter into this Agreement pursuant to the 2008 Memorandum of Agreement Between the Dry Creek Rancheria Band of Pomo Indians and the County of Sonoma, dated March 18, 2008, as interpreted, implemented, and modified under the letters of May 28, 2010, May 23, 2011, and July 12, 2012, and as amended on September 22, 2015, with the intent to be bound thereby through their authorized representatives whose signatures are affixed below. 5

12 Dated: DRY CREEK RANCHERIA BAND OF POMO INDIANS ATTEST: By: Chris Wright, Tribal Chairperson Dry Creek Rancheria Band of Pomo Indians Tribal Secretary Dated: COUNTY OF SONOMA By: Efren Carrillo, Chairperson Sonoma County Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: Date: LAPENA LAW CORPORATION APPROVED AS TO FORM: By: Michelle LaPena, Counsel for Dry Creek Rancheria Band of Pomo Indians Date: OFFICE OF THE COUNTY COUNSEL BRUCE D. GOLDSTEIN, County Counsel By: Holly E. Rickett, Deputy County Counsel 6

13 BEFORE THE UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR THE DRY CREEK RANCHERIA, ) A Federally Recognized Indian ) Tribe, ) ) Applicant ) ) APPLICATION OF THE DRY CREEK RANCHERIA TO THE SECRETARY OF THE INTERIOR TO ACCEPT LAND INTO TRUST FOR NON-GAMING PURPOSES Dry Creek Rancheria 1 Fee to Trust Application

14 TABLE OF CONTENTS A. Request to Take Subject Parcel Into Trust Page 6 B. Explanation of Need for the Acquisition Page 8 C. Proposed Use of the Property Page 15 D. Location of the Property Page 17 E. Description of the effect on the State and its political subdivisions of removing the land from tax rolls Page 18 F. Description of any jurisdictional and land use infrastructure issues that might arise Page 20 G. Title Evidence Page 27 H. Compliance with NEPA Page 27 Dry Creek Rancheria 2 Fee to Trust Application

15 TABS: 1. Application 2. Maps 3. Memorandum of Agreement with Sonoma County 4. Title Documents 5. Land Use Designations 6. Tax Documentation 7. Environmental Overview(submitted under separate cover) Dry Creek Rancheria 3 Fee to Trust Application

16 APPLICATION OF THE DRY CREEK RANCHERIA TO THE SECRETARY OF THE INTERIOR TO ACCEPT LAND INTO TRUST FOR NON-GAMING PURPOSES TO: The Honorable Sally Jewell Secretary of the Interior: Introduction This is an application to place one parcel comprising approximately 6 acres of land in Sonoma County, California ("Property"), into trust for the Dry Creek Rancheria, a federally recognized Indian Tribe ("Tribe"). The Tribe presently owns the Property in fee. The proposed trust parcel is not contiguous to the existing Dry Creek Rancheria. However, the property is located approximately four miles (driving) southeast of the Dry Creek Rancheria, well within the Tribe's aboriginal area. The Tribe acquired the Property because of its close proximity to the Tribe's Trust land, historic ties to the Property and its close proximity to the Tribe's other fee lands. The Property was also purchased because it contained a well-established campground, the Alexander Valley RV Park and Campground, which the Tribe felt was a reasonable economic venture that made the best use of the Property and would provide employment for tribal members. The Tribe has a successful casino and related parking and facilities on the Tribe's trust lands, and therefore no gaming is intended for, or anticipated on, the Property. The Tribe will continue to operate the Alexander Valley RV Park and Campground ("Campground") on the Property as the Tribe has made significant expenditures to improve the Campground and it is now operated by the Tribe's Federally-Chartered Section 17 Corporation, the Dry Creek Business Authority. With increased competition for gaming revenues, the Tribe continues to seek out investment opportunities that are consistent with both the Tribal and local values, which is embodied by the Campground operation. The Tribe has lived in the vicinity since pre-historic times. The Tribe's aboriginal territory covered approximately 80,000 acres, which included many culturally significant sites and traditional hunting and gathering areas around the Property, along the Russian River. Unfortunately, the Tribe-was moved away from the vital water resources in the Dry Creek and Russian River Valleys to which it so desperately relied upon. Instead, the Dry Creek Pomo, or Mihilikawna, were granted a relatively isolated and hilly 75 acre parcel that did not provide the traditional access to the Dry Creek and Russian River. Dry Creek Rancheria 4 Fee to Trust Application

17 Despite the fact that the Tribe did not own the riverfront Property, tribal members frequently picnicked and played softball games there in the 1950's because there was public access to the Russian River at that time. Tribal elders recall being able to frequent the land to cool off and rest during harvesting season when they worked in the vicinity. When the Property became available for sale in 2006, the Tribe understood the opportunity and it purchased the Property under the name of a California Corporation that it owned, Alexander Valley Ventures LLC. In 2013, the Tribe paid the mortgage in full and was granted fee title to the Campground Property. In early 2014, the Tribe determined that it would be in the Tribe's best interest to transfer the operation and management authority of the Campground to the Dry Creek Business Authority, and to take the Property into trust for the benefit of the Tribe to ensure that the land and its important Russian River access is never lost again. Background and Summary The Dry Creek Rancheria is a federally-recognized Indian Tribe as indicated by its inclusion in the List of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs. (See Tab l(a)) The Tribe's reservation is known as the Dry Creek Rancheria ("Reservation"). It is located in the north coast of California, in Sonoma County, California, approximately 5 miles from the city of Geyserville and 50 miles from San Francisco. The Reservation was established under the authority of the Act of June 21, 1906, resulting in the Deed of June 1, 1915, which established a tribal trust land base of 75 acres. (See Tab l(b)) This trust land is located approximately 4 driving miles from the proposed trust parcel. (See Map at Tab l(c)) The proposed trust parcel is surrounded by residential and agricultural land uses consistent with the present and planned use of the property. The Dry Creek Rancheria is governed by Tribe's Articles of Association, amended September 22, 1979, which established a Board of Directors. (See Tab l(d)). On September 20, 2014, the Tribal Council, consisting of all adult voting members of the Tribe, enacted Resolution No Fee-to-Trust Campground - 001, approving this Application and authorizing its submission to the Bureau of Indian Affairs consistent with applicable law. (See Tab l(e) and original included under separate cover). The Tribe's current trust land base, which includes the 75-acre Dry Creek Rancheria and contiguous tribal trust land, is comprised largely of land that is a hillside. (See Map at Tab 2(A)). In 2007, the Bureau of Indian Affairs approved an application to take 18-acres of contiguous lands (the Dugan Parcel") into trust on behalf of the Dry Creek Rancheria. The BIA approval was appealed by the State of California, Sonoma County and the Alexander Valley Association in California Department of Conservation, et al. v. Acting Pacific Regional Director, Bureau of Dry Creek Rancheria 5 Fee to Trust Application

18 Indian Affairs, however, the appeal was dismissed after the Tribe entered into a Memorandum of Agreement ("MOA'') with Sonoma County. (See MOA at Tab 3) The trust land acquisition became final in 2010, and the Dugan Parcel became tribal trust lands. (See Tab 2(A) and 2(B)). The Tribe's existing trust lands provide employment for tribal members through its gaming facility, the River Rock Casino ("Casino"). With the addition of the Dugan Parcel, the Tribe was able to construct a secondary emergency access to the Casino and accommodate the development of tribal governmental offices and the Dry Creek Rancheria Fire Station. The tribal governmental offices were located off-reservation in nearby Santa Rosa until the Tribe began to move into remodeled tribal offices on the Rancheria in The Campground is located approximately four miles driving distance from the Rancheria (See Tab 2(C)). The Tribe does not seek to change the land use for the Alexander Valley Campground Property and therefore there will be no environmental impacts resulting from the approval of this Application. Consequently, the Tribe respectfully requests that this Application be processed as expeditiously as possible. A. Request to Take Subject Parcel Into Trust The Tribe requests that one (1) parcel, comprising a total of approximately six (6) acres, be taken into trust. (See Tab 2(D)). This location corresponds to a portion of the Northwest quarter of Section 2, Township 9 North, Range 9 West and lying in the Rancho Sotoyome, said portion being more particularly described in the Grant Deed at Tab. Its Assessor's Parcel Number (APN) is The Grant Deed, legal description, parcel map, preliminary title report, and ALTA Title Insurance Policy and are at Tab Tribal Council Resolution A Tribal Council Resolution duly adopted by the Tribe's official governing body, the Tribal Council (See Resolution dated September 20, 2014, Feeto-Trust Campground-001 authorizing the submission to the Bureau of Indian Affairs of this fee to trust application,) is submitted herewith at Tab l(e). 2. Statutory Authority: 25 U.S.C Section 465 The Tribe owns the Parcel in fee and seeks to transfer it to the United States of America in trust for the Tribe's benefit pursuant to Section 5 of the Indian Reorganization Act, 48 Stat. 985, Act of June 18, 1934, 25 U.S.C. Sec 465 et seq. (A copy of the applicable statutory authority is attached at Tab l(f)). 3. Consistency with 25 C.F.R Policy Dry Creek Rancheria 6 Fee to Trust Application

19 The proposed land acquisition is consistent with the federal government's policy on acquiring land in trust on behalf of tribes set forth in 25 C.F.R That section provides for such acquisitions: (a) (b) (c) When the property is located within the exterior boundaries of the tribe's reservation or adjacent thereto, or within a tribal consolidation area; or When the tribe already owns an interest in the land; or When the Secretary determines that the acquisition of the land is necessary to facilitate tribal self-determination, economic development, or Indian housing. The Tribe's request satisfies two of these criteria: 1) the Tribe holds fee title to the Property; and 2) the Tribe seeks the transfer of the Property to facilitate its self-determination and economic development. The Tribe has determined that it is of utmost importance to transfer this tribally-significant ancestral land that provides jobs, recreation and access to the Russian River for tribal members into trust so that it may be protected in-perpetuity for the benefit of the Tribe. 4. Consistency with Carcieri v. Salazar (2009) 555 U.S Although there is no requirement in the applicable statutes or regulations to make a showing of prior federal jurisdiction, the United States Supreme Court held in Carcieri v. Salazar, that the Secretary's authority to take land into trust is limited to tribes that were under federal jurisdiction when the Indian Reorganization Act was enacted in As discussed in Carcieri, the question is not one of the existence of a tribe or of tribal ancestors in 1934, but one of whether or not a specific tribe can show evidence that it was under federal jurisdiction in (555 U.S. 379 at pp , 395). To ensure that there is no question that the Dry Creek Rancheria, Band of Pomo Indians was under federal jurisdiction in 1934, we provide the following information to verify this fact: (a) The Dry Creek Rancheria was established under the authority of the Act of June 21, 1906, resulting in the Deed of June 1, 1915, which established a tribal trust land base of 75 acres. The United States and its Bureau of Indian affairs maintained jurisdiction over the Rancheria in 1934, when the Indian Reorganization Act was enacted and thus the statues found at 25 U.S.C. 465 and 25 U.S.C. 467 were applicable to the Dry Creek Rancheria. (See Tab l(b)) (b) The Tribe was listed in the exhibits to "Ten Years of Tribal Government under the Indian Reorganization Act" written by Theodore Haas, Chief Counsel to the Bureau of Indian Affairs, (See "Haas Report" at Dry Creek Rancheria 7 Fee to Trust Application

20 Tab l(g)). The Tribe voted to reject the terms of the Indian Reorganization Act and organize pursuant to a Tribal Constitution, as was allowable under the IRA. (c) The Tribe was under federal jurisdiction prior to 1934 and continues to be included in the List of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, as published in the Federal Register (See List at Tab l(a)). (d) The Tribe has established a Tribal corporate entity pursuant to section 17 of the Indian Reorganization Act, 25 U.S.C. S 477, as amended, Pub. L. No S 3, 104 Stat The Section 17 Charter was originally approved by the Secretary of the Interior on April 16, 2009, and ratified by the Tribe on April 25, The Charter was subsequently amended by the Tribe pursuant to Article 15 of the Charter, and such amendment was approved by the Secretary of the Interior on September 27, 2012, and ratified by the Tribal Council on September 29, (See Corporate Charter at Tab l(h)) The Section 17 Charter was approved by the Secretary because of the Tribe's status as a federally-recognized Indian tribe, which falls under the jurisdiction of the Indian Reorganization Act for all intents and purposes. As the information above clearly shows, the Dry Creek Rancheria was under federal jurisdiction prior to 1934 and such federal jurisdiction was never terminated. Although the applicable statutes and regulations for taking lands into trust do not require that the Tribe provide such evidence, the Tribe seeks to avoid any question or concern with regard to any perceived impact of the Carcieri decision. The holding in Carcieri does not apply to this Application. B. Explanation of Need for the Acquisition 1. Description of the Property (25 C.F.R ) The Tribe requests that one (1) parcel, comprising a total of approximately six (6) acres, be taken into trust. (See Tab 2(D)). This location corresponds to portion of the Northwest quarter of Section 2, Township 9 North, Range 9 West and lying in the Rancho Sotoyome, said portion being more particularly described in the Grant Deed at Tab 4. Its Assessor's Parcel Number (APN) is and street address is 2411 Alexander Valley Road, Healdsburg, California. The Grant Deed, legal description, preliminary title report, encumbrances and ALTA Policy are attached at Tab 4. The Campground is a well-established RV Park and Campground that was established in the late 1960's. It contains 60 RV sites, 24 tent sites, a camp store, manager's residence, registration kiosk, restrooms and showers. Electrical services Dry Creek Rancheria 8 Fee to Trust Application

21 are provided by PG&E and there is a propane tank that serves the needs for cooking at the manager's residence and to heat water in the showers. Water is provided by an on-site well which is clean and sufficient for all campground needs. Water quality testing is conducted by the Tribe's Department of Public Works. The Campground Property contains a septic tank and leach field in addition to an underground storage tank for the RV septic tank dump station. The Tribe recently purchased a truck for clearing the dump tank and it now hauls the waste to the Tribe's wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its NPDES permit and also its status as Treated as a State for EPA water quality purposes. The Campground access is provided by a turnout from Healdsburg-Alexander Valley Road, a county road which is also included in the BIA Indian Reservation Road Inventory as providing access to the Tribe's Rancheria. Recently, the County's improvements to a nearby bridge that connects Healdsburg-Alexander Valley Road to State Highway 128 included funding from the Tribe's IRR allocation from the BIA. The Tribe and the County work cooperatively on all roads within the IRR system. (See IRR inventory at Tab l(k)). 2. Need for the Trust Acquisition The Dry Creek Rancheria Band of Pomo Indians is a growing tribe, with enrollment at over 1400 tribal members, far surpassing anyone's wildest imagination when the Rancheria was first established in The need for additional tribal trust lands to support the Tribe's employment, recreation and cultural needs is a pressing concern for the tribal membership, which comprise its governing Tribal Council. Of grave concern to the Tribal Council is the fact that so much land was taken from the Tribe by settlers, the State of California, and the federal government. The loss of traditional homelands is a pressing concern to the Tribe, and the loss of land can only be recompensed through the acquisition of additional lands that are held in trust in-perpetuity. California state laws lack any authority to protect Indian rights, lands or resources. Because tribal governments lack any protection under state laws, including the state's right of taxation and eminent domain, the Tribe's newly acquired lands can only be protected by the United States holding title in for the benefit of the Tribe. Trust status is the only real protection from lands being taken, as they were once before. The Tribe has been forced to sell certain fee property to the State and Cal Trans, a state agency, for purposes of widening Highway 101. While the Tribe was compensated for the taking, the amount did not cover the costs borne by the Tribe to protect its rights and fully compensate the loss to the Tribe as a whole. However, one way to protect this tribal property is to transfer it to the United Dry Creek Rancheria 9 Fee to Trust Application

22 States to own in trust for the benefit of the Tribe. Just as many families today seek to develop living trusts and living wills that protect familial property and protect a family's assets from undue tax burdens, in addition to streamlining the perpetual control over certain assets, the Tribe seeks to protect all assets of the Tribe that benefit tribal members. The Campground property is exactly the kind of tribal asset that not only deserves protection, but demands it. In 2006, the Tribe had an opportunity to buy the Campground property for $2,200,000. Purchase prices in the Alexander Valley, adjacent to the Rancheria are extremely high, despite the fact that the Campground property and its' vicinity is zoned for land-intensive agriculture rather than development. The fertile soils of the Alexander Valley are prime for some of the best vineyards in the Country. The six-acre Campground property is too small for a viable vineyard operation but it provides much needed access to the Russian River. The Campground has been in operation since at least 1969 and is recognized in the County for its current use. When the Tribe purchased the Campground property in 2006, it saw the opportunity to acquire an established business that provided jobs for tribal members and the opportunity to re-connect the Tribe to the Russian River. Since the original acquisition by the Tribe's California Corporation, Alexander Valley Ventures, LLC, the Tribe has made significant investments to the Campground and developed new tribal governmental functions that support the Campground operation: ~ The Tribe paid over $2 million to purchase the Property. ~ The Tribe has since created a Department of Public Works that has hired tribal members that have conducted all of the improvement work on the Campground. ~ The Campground RV parking pads and road were resurfaced. ~ The Campground landscaping was improved with all new sod throughout the site, in addition to native plant and tree planting. ~ The Tribe's Section 17 Corporation, the Dry Creek Business Authority ("DCBA"), was established to take over the Campground operation and the Tribe's Board of Directors transferred management and operation of the Campground to the DCBA in early ~ The Tribe purchased a truck to pump out the solid waste from the RV dump station and it now trucks the waste to be treated at its wastewater treatment facility on the Rancheria. ~ The Tribe established a Tribal Security Department with authority to patrol tribal lands, including the Campground. Dry Creek Rancheria 10 Fee to Trust Application

23 >- The Tribe established the Dry Creek Rancheria Fire Department and purchased two fire trucks which now serve as fire protection and emergency service provider at the Campground due to the Campground's close proximity to the Rancheria. >- The Tribe recently purchased a truck for clearing the dump tank and it now hauls the waste to the Tribe's wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its NPDES permit and also its status as Treated as a State for EPA water quality purposes. a. The Tribe's present trust land base is not appropriate or adequate for the activity contemplated in the request The Tribe's existing trust lands include the Rancheria and the contiguous "Dugan Property". The Tribe's existing trust lands provide employment for tribal members through its gaming facility, the River Rock Casino ("Casino"). With the addition of the Dugan Parcel, the Tribe was able to construct a secondary emergency access to the Casino and accommodate the development of tribal governmental offices and the Dry Creek Rancheria Fire Station. The tribal governmental offices were located off-reservation in nearby Santa Rosa until the Tribe began to move into remodeled tribal offices on the Rancheria in As stated previously, there is no access to the Russian River from the Tribe's existing trust lands. In the early 1900's the Tribe was driven from the fertile Russian River lands and up onto a steep hilly Rancheria with limited access. The Tribe's culture honors the Russian River, and basket materials and traditional food items are not available on the Tribe's existing trust lands. However, the Campground property provides access to the Russian River, and if the land is taken into trust, the Tribe can continue to develop tribal programs that enhance and protect the vital tribal resources along the River. The need for Russian River access by tribal members is clearly shown by the large number of tribal members that camp at the Campground. Although the cost of the land was high, the Tribal Membership utilizes the Campground during all open seasons and they are proud of the fact that the Tribe took over ownership and worked to improve the Campground site and facilities to an extent that it is acknowledged by others in the area. The Tribe's existing trust lands are not equivalent in any way to the Campground, and the Tribe's use of the Campground for River access and camping cannot be overemphasized. b. The Tribal applicant needs the land to be in trust for the proposed use Dry Creek Rancheria 11 Fee to Trust Application

24 The need for trust land cuts to the heart of tribal sovereignty. As stated previously, the Tribe has expended a large amount of tribal resources into purchasing and improving the Campground. The idea that the tremendous investment made by the Tribe could be lost through eminent domain without the added protection of the United States to ensure that the valuation is property, is of great concern to the Tribal Membership. Last year, the Graton Rancheria opened a massive tribal casino in Rohnert Park, which caused a significant downturn in gaming revenues derived from River Rock Casino. At this point in time, the Tribe has worked to cut costs at every level of its tribal government and economic enterprises to ensure that all tribal assets are well managed and protected into the future. This Fee-to-Trust Application is a significant part of the Tribe's effort to protect the Campground in perpetuity for the Tribe's governmental, employment, recreational and cultural needs. The Tribe seeks to have its Campground protected for the future so that all Tribal Members may have the benefit of Russian River access in the area of their traditional homelands, on lands governed by their Tribe. There are other places for public access to the Russian River, but none that are tribally-owned and controlled. The Tribe could hold tribal meetings, picnics, and other cultural events at the Campground if it is protected into the future, in a manner that is consistent with true tribally-owned trust lands, under tribal jurisdiction. While many of the same camping activities can take place without the trust status, the fact that tribal laws cannot be applied in the same manner as on the Rancheria does pose a problem. For example, if the Campground was held in trust, the Tribe would not require a State Seller's Permit for the small number of items sold at the Campground Store. On the tribal level, there would be consistent application of the Tribe's laws including Civil and Criminal Codes, which are presently not applicable, even against tribal members at the campground. And, as will be discussed further below, tribal regulation of the water quality and solid waste management efforts would be strengthened by a uniform application of the Tribe's laws on its lands. c. Trust status will benefit the applicant's economic and/or social conditions The Campground presently derives its revenues from campers paying a fee to camp, including fees for dumping RV tanks, as well as to use the showers. The Campground store sells firewood, cooking fuel and utensils, food items, sundries, cigarettes and food items. It is a small store that currently collects sales tax on all items and reports all sales tax information to the California Board of Equalization pursuant to its sellers permit. The Tribe was able to obtain, after some difficulty, a seller's permit in the name of the Dry Creek Business Authority, a federallychartered Section 17 corporation. Dry Creek Rancheria 12 Fee to Trust Application

25 The State of California, Board of Equalization does not provide an option for a tribal corporation or an Indian tribe to obtain a seller's permit in its required online application process. As such, it took more than two months just to obtain the seller's permit for the off-reservation sales by the Dry Creek Business Authority. It remains to be seen whether there will be additional issues relative to the DCBA's sellers permit, but it is safe to assume that there will be additional problems in the future because the State of California, Board of Equalization still does not recognize Indian tribes and tribal governments as entities that do business outside of Indian Country. This issue creates a fundamental uncertainty in the management and operation of the Campground merely because it is owned and operated by the Tribe and its Section 17 tribal corporation. While the collection and remittance of sales tax for Campground sales will not result in large amounts paid to the State (the DCBA anticipates less than $1,000 per month in sales), there is an administrative cost associated with tracking and reporting. California is notoriously bureaucratic and its regulatory agencies are difficult to work with for all kinds of businesses. But the lack of understanding and respect given to tribal governments, including the Dry Creek Rancheria, may result in significant cost to the Tribe. In fact, the cost of State regulation may be greater than the income from the sales, except that those sales are important to the campers and their guests, who would otherwise have to travel some distance to purchase the same items that they can purchase right at the Campground. Trust status will improve the financial condition of the Campground by relieving the Tribe from overregulation by the State Board of Equalization and it will allow the DCBA to focus more on managing the business than in filing reports to the State for a limited amount of sales. Freedom from State regulation will allow the Tribe and the DCBA to maximize profits from the Campground, which can result in hiring additional tribal members to work on the Campground and expand benefits provided to tribal members without fear of losing the business in the future. In addition to the financial benefit to the Tribe that would come from the trust acquisition, the Tribe would derive tremendous social benefit from the land being taken into trust. As stated previously, the Tribe has significant historical and cultural ties to the Russian River. Access to the Russian River and tribal governance over the land will return a small portion of the Tribe's ancestral homelands that is situated in close proximity to ancestral burial grounds and former village sites. Although there are no known cultural sites on the Campground property, tribal members have camped, cooked meals, played games and rested on the Property for several generations. The social relevance of the Campground is significant and the Tribe is making every effort to ensure that the Property is protected for the Tribe's benefit in-perpetuity. Dry Creek Rancheria 13 Fee to Trust Application

26 d. Without This Transfer the Tribal Government's Ability to Govern Effectively Will be Unnecessarily Limited Under the Tribe's Articles of Association, the Tribe's governing body is its Tribal Council, which consists of all enrolled Tribal members eighteen years of age or over. Article IV endows the Tribal Council with all powers and responsibilities, including the authority to delegate its power to an elected Board of Directors who oversees the day to day operations of the Tribe. The Tribe's Articles of Association authorize the Tribal Council to exercise its power to promote the general welfare of the Tribe and to take such actions as are necessary to carry into effect the ordinances, resolutions, or other directions of the Tribal Council. An overriding tribal governmental concern regarding the Campground is the inconsistent application of the Tribe's laws, including Civil and Criminal Codes at the Campground. Of particular concern is the fact that Tribal Members are regular guests at the campground, but Tribal Security cannot enforce tribal laws on the Campground property to the same extent as on the nearby Rancheria. This jurisdictional gap is an unnecessary restriction on the Tribe's ability to govern itself and its members. As an exercise of the Tribe's inherent sovereign power, the Tribal Council has enacted various environmental ordinances in the last several years to regulate and manage its water rights and environmental programs. Tribal regulation of the water quality and solid waste management efforts would be strengthened by a uniform application of the Tribe's laws on its lands. The Tribe has adopted the following ordinances, which would be applied to the Campground property after being taken into trust: Code Title Solid Waste Disposal Ordinance Water Quality Ordinance Sewer System Ordinance Water Supply System Ordinance Water Well Standards Ordinance Adoption Date July 20, 2002 July 20, 2002 August 3, 2003 August 3, 2003 January 9, 2009 Collectively, the ordinances create a robust body of law to regulate and protect the Tribe's water resources. A significant amount of time and effort has been invested in developing these vital tribal laws and the governing bodies to Dry Creek Rancheria 14 Fee to Trust Application

27 implement them. However, because the Campground is not in held in trust, the Tribe lacks the jurisdiction to properly implement and enforce these laws uniformly on the Campground. Without this transfer the Dry Creek Rancheria's ability to govern itself effectively and consistently is unnecessarily limited. C. Proposed Use of the Property 1. The past uses of the land; The Tribe has had a longstanding and enduring relationship to the Campground Property. It is situated near a tribal cemetery which is located downstream on the opposite site of Alexander Valley Road from the Campground. Tribal members frequently picnicked and played softball and other games on the Property in the 1950's because there was public access to the Russian River at that time. Tribal elders recall being able to frequent the land to cool off and rest during harvesting season when they worked in the vicinity. (See Cultural Information at Tab l(i)) The Campground is a well-established RV Park and Campground that was established in the late 1960's. A search on the Sonoma County Permit and Resource Management Department database indicates that permits were issued for building on the property in 1969, including construction of a trailer and a new septic system, which was likely the initial construction of the Campground. When the Property became available for sale in 2006, the Tribe understood the opportunity and it purchased the Property under the name of a California Corporation that it owned, Alexander Valley Ventures LLC. In 2013, the Tribe paid the mortgage in full and was granted fee title to the Campground Property. In early 2014, the Tribe determined that it would be in the Tribe's best interest to transfer the operation and management authority of the Campground to the Dry Creek Business Authority, and to take the Property into trust for the benefit of the Tribe to ensure that the land and its important Russian River access is never lost again. 2. The present use of the land; The Campground is a well-established RV Park and Campground that was established in the late 1960's. It contains 60 RV sites, 24 tent sites, a camp store, manager's residence, registration kiosk, restrooms and showers. Electrical services are provided by PG&E and there is a propane tank that serves the needs for cooking at the manager's residence and to heat water in the showers. 3. The anticipated future uses of the land; The Tribe intends to continue the present use of the land as a Campground. A building permit that was issued by Sonoma County earlier this year to construct Dry Creek Rancheria 15 Fee to Trust Application

28 a new shower facility and that construction is now underway. The shower tank has been installed and the shower building will be completed while this Application is still being reviewed. The Tribe has made significant capital improvements on the property and therefore it will continue to manage and operate the site to protect the Campground uses. 4. The cultural or historical interest in the land; The Tribe has a longstanding and enduring relationship to the Campground Property. It is situated near a tribal cemetery which is located downstream on the opposite site of Alexander Valley Road from the Campground. The historic cemetery, called the Soda Rock Cemetery, was located and evaluated decades ago, but it is not within the Campground boundary. A large former village site (CA-SON- 1071) is located closer to the Rancheria, northwest and upstream of the Campground. According to an ethnographic survey prepared on behalf of the United States Army Corps of Engineers, Dry Creek Indians were subjected to a forced "Death March" to the Noyo and Round Valley Indian Reservations in the late 1850's. Others were believed to have been driven out of the Valley to Lake County. When the survivors of these forced removals tried to return home, they found that they no longer had access to their lands: "Now there's been a history of Federal Government interference with Pomo culture and destruction of that culture. The Indians were living there peacefully when the Spanish were here. When the Americans moved in, the first response was to negotiate a punitive treaty with the Indians that called for them to move northward to Lake County. They were on a forced, one-hundred mile march that in the end destroyed 80 percent of their population. That treaty was never ratified in Washington. It was never ratified because the settlers in California decided they wanted the reservation land as well as where the Dry Creek band is located. The Dry Creek Pomo Indians who had been promised land in Lake County no longer had that land. They could only struggle back, the few who left, and a few were able to locate along Dry Creek Valley. They were a soon evicted because that land was now in so-called private hands." Proceedings held in Board of Supervisors Chambers, Santa Rosa, California, May 20, 197 4:86. (See Tab l(j)). The Dry Creek/Alexander Valley area was rapidly being settled at this time (1850's and 1860's) and therefore the Dry Creek Pomo did not have full access to many of their former villages. However, ethnographers Bean and Hirtle reported Dry Creek Rancheria 16 Fee to Trust Application

29 that in the late 1860's "the Indians were keeping a 'low profile' during this period and many may not have returned to their villages for fear of reprisals." It is well documented, however that sometime after the Death March, some of the Dry Creek people returned to the vicinity of their former villages, including the area now surrounding the Rancheria and the Campground Property. There is no dispute that the Dry Creek Pomo have lived in the vicinity of the Campground before and since the disruptions that took place in the 1850's, as there is vast documentation of the habitation, village sites and burial grounds. Therefore, it is not surprising to hear of tribal use of the Campground Property before it was developed as a campground, and after, as campground guests. Tribal members continue to use the campground for recreation and camping to this day and maintain strong cultural ties to the Property as a Tribe. Preservation of the Campground as tribal trust land will be one step toward returning just one fraction of the Tribe's aboriginal land base and allow the Tribe to protect it for future generations of the Tribe. 5. The objectives that the Tribes hopes to attain The Tribe seeks to protect the assets of the Tribe for the future use of all tribal members and their heirs. The Tribe presently encounters obstacles in governing the property and regulating the enterprise in a manner that is consistent with the Tribe's existing trust lands. It is hard to calculate the cost of regulating the fee land separately from the trust property, however, administrative costs generally consume all profits from the Campground. Once taken into trust status, the Tribe will be able to manage and operate the Campground effectively and in a manner that is most cost-effective to the tribal government. The Dry Creek Business Authority intends to manage the Campground so that it is profitable as well as beneficial to the Tribe's history and culture. 6. No Tribal Housing is Planned for the Proposed Acquisition Because the Tribe seeks to continue the present uses for the Property as a Campground, no tribal housing is planned for the Property. The only residence on the Property is a caretaker's residence, where the acting Camp Host will stay during all times that the Campground is open. No additional units are planned and therefore no tribal members will permanently reside on-site D. Location of the Property 1. The location of the land relative to State boundaries; The Campground is located in the Alexander Valley in Sonoma County, which is situated in Northern California. It is located around 75 miles north of San Dry Creek Rancheria 17 Fee to Trust Application

30 Francisco, California and approximately 300 miles south of the Oregon/California border. On the Nevada side, the Campground is located approximately 220 miles from the Nevada/California border. (See Maps at Tab 2) 2. The distance of the land from the boundaries of the tribe's reservation; As stated previously in this Application, the Campground is located approximately four (4) miles (driving distance) from the Dry Creek Rancheria and its adjacent trust lands. (See Map at Tab 2) 3. The distance of the land from the Bureau's nearest agency or area office; The Campground is located approximately 120 miles northwest of the Central California Agency office, located in downtown Sacramento. 4. The location of roads and rights-of-way that provide access to the land; The Campground is accessible primarily by two routes: 1) from State Highway 128 and Highway 101 via Alexander Valley Road. The Property includes a right of way that provides a driveway off of Alexander Valley Road into the Campground. (See Maps at Tab 2 and IRR maps at Tab l(k)) E. A description of the effect on the State and its political subdivisions of removing the land from tax rolls. Describe any measures the applicant will take to reduce these effects. Every trust acquisition, by the terms of 25 U.S.C. 465, removes the ability of the States and local units of government to tax the land. The unproven fear of the fee-to-trust process is that the loss of tax revenue through property taxes will undermine local government budgets. There is no actual proof that the loss of property tax revenues will cause any affect to state or local government budgets. In fact a number of factors indicate that the trust acquisition will create a net benefit to the local and state budgets: ~ Most land into trust applications are for lands where property tax values are already low. ~ Tribal businesses provide jobs and other sources of tax revenue to the state and local government. Dry Creek Rancheria 18 Fee to Trust Application

31 >-- Property tax assessments do not account for the bulk of local government budgets. >-- In a situation where a tribe operates a casino, such as the River Rock Casino, the Tribe is likely to be paying for any local services that would be impacted by the casino at a rate that far exceeds the actual costs. >-- Tribes generally provide infrastructure and other governmental services to their tribal members, thus reducing or eliminating any cost of local governments to provide for tribal members. In other words, tribal governments are often paying local governments for services that they do not use. 1. The amount of annual taxes currently assessed by Sonoma County; The most recent tax bill available presents the total annual tax amount at $18, The Tax Statement includes the following (See Tab 5): Property Tax: $16, Voter Approved Taxes and Special Assessments: $ including the following: Warm Springs Dam-Russian River Project Healdsburg Unified Bonds HGB School Facility Improvement Bonds Healdsburg Unified Bond 3 Sonoma Junior College Bond Mosquito Control North Sonoma County Hospital District $ $ $ $97.10 $ $20.88 $ The amount of annual revenue lost from special assessments to the local government(s), if any; As stated above, Voter Approved Taxes, Tax Agency Direct Charges and Special Assessments total $1, per year, and are subject to local elections. (See Tab 5) 3. The amount of annual revenue lost from mineral receipts to the local government(s), if any; Dry Creek Rancheria 19 Fee to Trust Application

32 There are no mineral receipts to the local government for the Campground, so thus there is no annual revenue loss that would result from approval of this Application. 4. The local government's ability to provide public safety services for the land. The local governments, including Sonoma County and the City of Healdsburg are generally available to provide public safety services for the Campground Property however Tribal Security and the Dry Creek Rancheria Fire Department are also able to provide fast responses to ordinary public safety calls and fire emergencies. The Sonoma County Sheriffs Department and Geyserville Fire Department are available to provide emergency services through existing agreements with the Tribe. The MOA between the Tribe and the County established a framework for providing both County and Tribal and law enforcement services. The Tribe and the County have an established process for cost reimbursements and interfacing between the Tribe, Sheriff and Sonoma County District Attorney's Office to aid in the provision of law enforcement services. The Tribe has initiated consultation with Sonoma County regarding this Application and believes that approval of the Application will not negatively impact the County with regard to the provision of law enforcement services as the Tribe assumes a greater role in governing the Property. F. Description of any jurisdictional and land use infrastructure issues that might arise The federal regulations require that each acquisition of land in trust address state and local government of zoning authority. 25 C.F.R. 1.4(a). While zoning authority is a political concern for local and state governments, it is also of great concern to tribal governments. The MOA between Sonoma County and Dry Creek Rancheria contemplates tribal development and provides a mechanism for communication and dispute resolution. The MOA has been negotiated in good faith and provides a framework for resolving true disputes. The MOA requires the Tribe to consult with the County regarding this Application and for the Tribe to maximize consistency with the Sonoma County General Plan and to minimize off-reservation adverse environmental impacts. The Tribe and the County met several times to discuss this application and identified only one potential jurisdictional issue regarding the regulation of the Dry Creek Rancheria 20 Fee to Trust Application

33 underground solid waste storage tank that is used to hold RV solid waste at the campground. The County presently holds an access easement to inspect the storage tank and the Tribe seeks to expunge the easement prior to the United States taking the land into trust (See Tab 4). The Tribe met with County representatives to discuss the easement and its concerns and they determined that the MOA provides an appropriate mechanism for transferring jurisdiction to the Tribe. Consultations between the Tribe and the County will continue while this application is under review with the goal of removing the encumbrance from the Title prior to final title review by the Bureau of Indian Affairs. 1. Zoning (i) The current zoning of the land; The Campground Property is zoned for Land Intensive Agriculture (LIA), which allows for "other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature [of Land Intensive Agriculture]". (See Parcel Report at Tab 6). The Campground has been permitted and developed pursuant to the local planning guidelines with no violations. There is presently an improvement underway under an approved building permit for permanent shower facilities. A history of the permits issued by Sonoma County for the property is attached at Tab 6. (ii) Any proposed use conflicts with current zoning; The operation of the Campground is consistent with current zoning of the Property. As stated in this Application, the Tribe intends to continue to manage the property as a Campground, and thus there are no proposed uses that conflict with current zoning of the Property. (iii) Any tribal zoning ordinances. The Tribe does not currently have a zoning ordinance or other planning guideline for the Property. 2. Law enforcement Services (i) Who currently provides law enforcement services; The MOA between the Tribe and the County established a framework for providing both County and Tribal and law enforcement services. The Tribe and the County have an established process for cost reimbursements, interfacing between Dry Creek Rancheria 21 Fee to Trust Application

34 the Tribe, Sheriff and Sonoma County District Attorney's Office to aid in the provision of law enforcement services. Presently, the County provides law enforcement services as required by Public Law 280, which is supplemented by Tribal Security which patrols the Campground. (ii) If the applicant is a tribe, whether the tribe already has its own law enforcement; In 2013, the Tribe established the Dry Creek Rancheria Tribal Security Department. Prior to the establishment of the Tribal Security Department, tribal law enforcement was limited to the River Rock Casino Security. With the creation of a Tribal Security Department under the Tribal government, Tribal Security is now authorized to monitor activities on all of the Tribe's lands, including the Campground. However the fact that the Campground property is not trust land does create a barrier to the Tribe's ability to uniformly implement its Peace and Protection Ordinance on fee lands. The Tribe is in the process of adopting Tribal laws that would enhance existing security services on its trust lands and provide for remedies when Tribal Members are cited for violations on tribal lands. The process for developing new tribal codes does require some time, however, the Tribe anticipates having a Tribal Law and Order Code in place before this Application is approved. (iii) Who will supply law enforcement if the land is approved for trust status; If this Application is approved for trust status, law enforcement will be provided by a mixture of Tribal Security and local law enforcement as stipulated in the MOA. The Tribe and the County have an established process for cost reimbursements, interfacing between the Tribe, Sheriff and Sonoma County District Attorney's Office to aid in the provision of law enforcement services. Because California is a Public Law 280 state, the County provides law enforcement services as required by law, however the presence of Tribal Security should alleviate some of the need for calls to the Sheriff, particularly once the Tribe's Law and Order Code is in place, filling any perceived or actual gaps in law enforcement services. (iv) Any additional resources required to provide adequate law enforcement and how they will be funded. The Tribe and the DCBA should have reductions in operating costs for the Campground if this Application is approved. The cost savings from state and local taxes will provide adequate funding for the Tribe to enhance its law enforcement Dry Creek Rancheria 22 Fee to Trust Application

35 services and Tribal Court's ability to hear and decide cases involving lower level civil matters and violations involving members of the tribe under its Law and Order Code. Any additional costs to the Sonoma County Sheriff or District Attorney will be reimbursed according to the terms in the MOA. 3. Safety factors (i) Who supplies fire protection service for the land; The Tribe and the Sonoma County Department of Emergency Services ("County Fire") "cooperate on a government to government basis to promote public safety and to provide the Tribe with the opportunity to benefit, on a voluntary, nonjurisdictional basis, from the constructive suggestions County personnel may have with respect to fire issues, and to share expertise to maximize public and emergency personnel safety." (See MOA at Tab 3) Direct fire services are provided by the Dry Creek Rancheria Fire Department and Geyserville Fire Protection District. (ii) Who supplies emergency medical service for the land; The County is responsible for central dispatch services, as well as other command/support and disaster preparedness functions. The Dry Creek Rancheria Fire Department and Geyserville Fire are the usual first responders to the Campground. (iii) Whether the land is in a flood area or flood control area. The Campground is located in within the Sonoma County Flood Control District. (See Title Documents at Tab 4) 4. Traffic, roads, and streets (i) Description of existing access to the land; Campground access is provided by a turnout from Alexander Valley Road, a county road which is also included in the BIA Indian Reservation Road Inventory as providing access to the Tribe's Rancheria. Alexander Valley Road is paved and in very good condition (See Tab l(k)). Recently, the County's improvements to a nearby bridge that connects Alexander Valley Road to State Highway 128 included funding from the Tribe's IRR allocation from the BIA. The Tribe and the County work cooperatively on all roads within the IRR system. A copy of a Tribal Resolution that updated the Tribe's Dry Creek Rancheria 23 Fee to Trust Application

36 Indian Reservation Road Inventory System and a map showing the inclusion of Alexander Valley Road in the Tribe's inventory is attached at Tab l(k). There is no proposed change in use of the Campground and thus there is no plan for increased traffic or need for additional access. However, the Tribe and Sonoma County continue to work cooperatively to ensure that the road conditions are well maintained and that special events are well-planned and properly noticed prior to them taking place. (ii) Description and quantification of increased traffic in the area anticipated from the proposed use; There is no projected increase in traffic from the Tribe's continued use of the Campground property. (iii) A description of whether existing roads and streets are adequate to handle any anticipated increase in traffic caused by the proposed use. There is no projected increase in traffic from the Tribe's continued use of the Campground property. The existing roads and streets are adequate to handle existing uses, including a number of special events that take place each year, such as a local kayaking event, which does bring in additional campers to the Campground. The Tribe has re-surfaced all paved areas in the Campground in the past two years and has contributed to the improvements of Alexander Valley Road through its advocacy to increase the Tribe's funding from the Indian Reservation Road program. 5. Sanitation Water is provided by an on-site well which is clean and sufficient for all campground needs. Water quality testing is conducted by the Tribe's Department of Public Works. The Campground Property contains a septic tank and leach field in addition to an underground storage tank for the RV septic tank dump station. The Tribe recently purchased a truck for clearing the dump tank and it now hauls the waste to the Tribe's wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its NPDES permit. The Tribe currently operates its water quality programs under its status as Treated as a State for EPA water quality purposes. Dry Creek Rancheria 24 Fee to Trust Application

37 The Tribe proposes to assume regulatory authority over the Campground through its Clean Water Act program, which is partially funded through the EPA. (i) Whether the land is served by a city sewage system; The land is not served by a city sewage system. There is a septic tank and leach field, as described above. (ii) The land is served by some a sewage system that is adequate to meet applicable standards; The lands existing sewage system is adequate and able to meet applicable standards. (iii) Trash pickup service or another method of trash disposal is available for the land; Trash pickup is currently handled by the Tribe through its Solid Waste Program. Solid waste disposal is one of the older programs implemented on the Rancheria, and its management has become more formalized over time. In July 2002, the Tribe adopted a formal Solid Waste Ordinance. In 2009, the Tribe was granted funding from the USEPA to prepare a Solid Waste Management Plan and adopted a Solid Waste Reduction and Recycle Policy. The Solid Waste Management Plan identified aspect of the Tribal programs that could be improved and set out a plan for improving the removal of solid waste nuisance and recycling. Trash from the Campground is currently deposited in the local dump facility and recycling is processed along with other Tribal solid waste. (iv) Whether a city or another facility supplies services to the land; The Tribe currently provides all sanitation services to the Campground property. (v) Whether there is an adequate water supply for the proposed use and any future anticipated uses; An on-site well provides an adequate water supply for the Campground showers and bathrooms, in addition to the caretaker facility. The well draws from the underflow of the Russian River and there is no present or future concern regarding water supply to the Campground. Dry Creek Rancheria 25 Fee to Trust Application

38 (vi) Whether the applicant tribe has water rights to the available water supply. The Tribe does not have riparian rights to the Russian River, but the on-site well provides adequate water supply to the Campground. 6. Utilities, (i) Whether a city or a rural electric company supplies electricity to the land; The Campground is served by Pacific Gas & Electric for all electricity needs. Electricity is generated nearby at the Lake Sonoma Project. (ii) The source of heating for any structures located on or to be located on the land, such as: natural gas, propane, oil, coal, wood, electric, or solar. The Campground is served by Pacific Gas & Electric for all electricity needs. An above ground propane tank provides adequate fuel for all other heating needs. 8. Whether there are any cooperative agreements or voluntary actions intended to address jurisdictional and land use conflicts. A Memorandum of Agreement between the County of Sonoma and the Dry Creek Rancheria Band of Pomo Indians provides a strong basis for a cooperative and collaborative relationship between the Tribe and the local government. The MOA provides a framework for communication for this fee-to-trust acquisition and the Tribe has consulted with the County to inform it of the Tribe's intentions and also the Tribe agreed to provide the County with a copy of this Application at the same time as it is being submitted to the BIA so that the County has adequate time to review the application and provide comments and input into the trust acquisition process. The MOA between Sonoma County and Dry Creek Rancheria contemplates tribal development and provides a mechanism for communication and dispute resolution. The MOA has been negotiated in good faith and provides a framework for resolving true disputes. The MOA requires the Tribe to consult with the County regarding this Application and for the Tribe to maximize consistency with the Sonoma County General Plan and to minimize off-reservation adverse Dry Creek Rancheria 26 Fee to Trust Application

39 environmental impacts. The Tribe has satisfied these requirements and will continue to consult with the County regarding the NEPA compliance and in the issuance of a Tribal Negative Declaration pursuant to the environmental provisions of the MOA, in addition to the assumption of tribal regulatory jurisdiction as set forth above. 8. Whether the applicant has made any provisions to compensate the State or local governments for revenue lost because of the removal of the land from the tax rolls. (Include any increases in Title IX funding from the Indian Education Act or Impact Aid funding.) The Tribe has not made any provision to compensate the State or local governments for revenue lost because of the removal of the land from the tax rolls, however, the MOA does provide a mechanism for the Tribe and County to determine costs associated with the provision of any local services and for the Tribe to reimburse such costs. The MOA provides the appropriate mechanism for the this issue to be addressed through a government-to-government process. G. Whether there is title evidence that meets the Standards for the Preparation of Title Evidence in Land Acquisitions by the United States, issued by the U.S. Department of Justice. The Tribe has submitted title evidence that meets the above referenced standards at Tab 4. An Alta survey is underway and will be submitted under separate cover. H. The documentation that we need to comply with 516 DM 6, Appendix 4, National Environmental Policy Act (NEPA) Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations. Include a record of consultation with appropriate authorities regarding environmental, endangered species, water quality, fish and wildlife, wetlands, transportation, air quality, cultural, historical value, hazardous waste, and toxic material issues. The proposed acquisition does not involve a change in land use and the present use is consistent with local zoning and land use laws. The Tribe's consultant, Environmental Science Associates (ESA) will prepare technical information necessary to support a categorical exclusion under the NEPA per the requirements of 516 DM 10.5 for the Alexander Valley Campground fee-to-trust project. In compiling the necessary Environmental Overview ("EO"), ESA is Dry Creek Rancheria 27 Fee to Trust Application

40 preparing the following technical documents to support a categorical exclusion: a Categorical Exclusion Environmental Review Checklist, Biological Resources Technical Memorandum, an Environmental Site Report and a Cultural Resources Technical Memorandum. The technical reports shall be submitted under separate cover that provides for the Secretary to comply with 516 DM 6, Appendix 4, National Environmental Policy Act Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations. Respectfully submitted, DRY CREEK RANCHERIA, a Federally Recognized Indian Tribe By: Harvey Hopkins, Dry Creek Rancheria Chairperson NOTICES AND CORRESPONDENCE Please address all Notices and Correspondence with respect to this application to: Harvey Hopkins, Tribal Chairperson Dry Creek Rancheria P.O. Box 607 Geyserville, CA With a Copy to: Michelle LaPena th Street Suite 201 Sacramento, CA Tel: (916) Fax: (916) michelle@lapenalaw.com Dry Creek Rancheria 28 Fee to Trust Application

41 COUNTY ASSESSOR's PARCEL MAP TAX RATE AREA ~ ~ (id ~,, r f,C I,,,.1 11 R/.S' 165/47 ~ r---_--: -;~~~-~~.":"'~'2;::.F_ -==-- -==-I / ~ \!!) SCALE: 1 "=800'!Ag.Pre ~ ', R/S """'. i... I ~ ii------w.~'es~t~ ' N~W ::t:::,. 13.J":/.20 L _J R/5 753/ CAST ND ; '@ ~ ll.o2ac.! 760/21-22 } \ i~ I ~ AC ) Ag. Pre L...J f li_rjn_. - -~ 9 _~ NOTE: This map was prepared far Assessment purposes only and does not indicate either parcel legality or a valid building site. No liability is assumed far the accuracy of the data delineated. The acreages are based on the information supplied to the Assessor (i.e. recorded survey mops recorded deeds, prior assessment mops, etc.) I Ac. R/S 458/ ::~~1.:;:'S/.;:;;;ao~:;;:::::::::;:;;;;;;;;!:;:;:::::::;:;::;:=======ll0.= 46 :::: 3 T 9 N R 9 W NOTE: Assessor's parcels do not necessarily constitute legal lots. To verify legal parcel status, check with the appropriate city or county community development or planning division. ' LYTTON STAnON ROAO 4 I (;D ~ ~ ~ Assessors Map Bk. 091, Pg. 02 Sonoma County, Calif. (AcAo) HYBRID 11/6/12 BJ.' I '\ I ~ ~ '\ I ~~~Ll----- ~---34 ~~ I I \ 3 12 I r. \ \ I IOl.66 AC '1 I I I I Ag. Pre.1~307 7~~ 2Gvo''//07 \ I _J\ \ \!t Vi ~ \!9 l N JS 2 NIS OBF 1'1'6.12.! STtJOll'E 229.6'.. N1"'!BE 14!1.!15.s NIJ50:RIE 251.g 11!1: ~ r.jll.33 T. Slll"tfSw 2H!llJ a,,,,,,,, ~IZSIS REVISED =R/S BJ =R/S BJ

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