[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4434 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4434

 To restore Federal recognition to the Indians of the Graton Rancheria 
                             of California.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

 Ms. Woolsey introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To restore Federal recognition to the Indians of the Graton Rancheria 
                             of California.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Graton Rancheria Restoration Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In their 1997 Report to Congress, the Advisory Council 
        on California Indian Policy specifically recommended the 
        immediate legislative restoration of the Graton Rancheria.
            (2) The Federated Indians of Graton Rancheria Tribal 
        Council has made the express decision to restrict gaming 
        consistent with the provisions of this Act.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Tribe'' means the Indians of the Graton 
        Rancheria of California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Interim Tribal Council'' means the governing 
        body of the Tribe specified in section 7.
            (4) The term ``member'' means an individual who meets the 
        membership criteria under section 6(b).
            (5) The term ``State'' means the State of California.
            (6) The term ``reservation'' means those lands acquired and 
        held in trust by the Secretary for the benefit of the Tribe.
            (7) The term ``service area'' means the counties of Marin 
        and Sonoma, in the State of California.

SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Federal recognition is hereby restored to 
the Tribe. Except as otherwise provided in this Act, all laws and 
regulations of general application to Indians and nations, tribes, or 
bands of Indians that are not inconsistent with any specific provision 
of this Act shall be applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in 
subsection (d), all rights and privileges of the Tribe and its members 
under any Federal treaty, Executive order, agreement, or statute, or 
under any other authority which were diminished or lost under the Act 
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby 
restored, and the provisions of such Act shall be inapplicable to the 
Tribe and its members after the date of the enactment of this Act.
    (c) Federal Services and Benefits.--
            (1) In general.--Without regard to the existence of a 
        reservation, the Tribe and its members shall be eligible, on 
        and after the date of enactment of this Act for all Federal 
        services and benefits furnished to federally recognized Indian 
        tribes or their members. For the purposes of Federal services 
        and benefits available to members of federally recognized 
        Indian tribes residing on a reservation, members of the Tribe 
        residing in the Tribe's service area shall be deemed to be 
        residing on a reservation.
            (2) Relation to other laws.--The eligibility for or receipt 
        of services and benefits under paragraph (1) by a tribe or 
        individual shall not considered as income, resources, or 
        otherwise when determining the eligibility for or computation 
        of any payment or other benefit to such tribe, individual, or 
        household under--
                    (A) any financial aid program of the United States, 
                including grants and contracts subject to the Indian 
                Self-Determination Act; or
                    (B) any other benefit to which such tribe, 
                household, or individual would otherwise be entitled 
                under any Federal or federally assisted program.
    (d) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act shall expand, reduce, or affect in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
its members.
    (e) Certain Rights Not Altered.--Except as specifically provided in 
this Act, nothing in this Act shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken in Trust.--Upon application by the Tribe, the 
Secretary shall accept into trust for the benefit of the Tribe any real 
property located in Marin or Sonoma County, California, for the benefit 
of the Tribe after the property is conveyed or otherwise transferred to 
the Secretary and if, at the time of such conveyance or transfer, there 
are no adverse legal claims to such property, including outstanding 
liens, mortgages, or taxes.
    (b) Former Trust Lands of the Graton Rancheria.--Subject to the 
conditions specified in this section, real property eligible for trust 
status under this section shall include Indian owned fee land held by 
persons listed as distributees or dependent members in the distribution 
plan approved by the Secretary on September 17, 1959, or such 
distributees' or dependent members' Indian heirs or successors in 
interest.
    (c) Lands To Be Part of Reservation.--Any real property taken into 
trust for the benefit of the Tribe pursuant to this Act shall be part 
of the Tribe's reservation.
    (d) Gaming Restricted.--Notwithstanding subsection (c), real 
property taken into trust for the benefit of the Tribe pursuant to this 
Act shall not be exempt under section 20(b) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2719(b)).
    (e) Lands To Be Nontaxable.--Any real property taken into trust for 
the benefit of the Tribe pursuant to this section shall be exempt from 
all local, State, and Federal taxation as of the date that such land is 
transferred to the Secretary.

SEC. 6. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall, after 
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Membership.--
            (1) Until a tribal constitution is adopted under section 8, 
        an individual shall be placed on the Graton membership roll if 
        such individual is living, is not an enrolled member of another 
        federally recognized Indian tribe, and if--
                    (A) such individual's name was listed on the Graton 
                Indian Rancheria distribution list compiled by the 
                Bureau of Indian Affairs and approved by the Secretary 
                of the Interior on September 17, 1959, under Public Law 
                85-671;
                    (B) such individual was not listed on the Graton 
                Indian Rancheria distribution list, but met the 
                requirements that had to be met to be listed on the 
                Graton Indian Rancheria distribution list;
                    (C) such individual is identified as an Indian from 
                the Graton, Marshall, Bodega, Tomales, or Sebastopol, 
                California, vicinities, in documents prepared by or at 
                the direction of the Bureau of Indian Affairs, or in 
                any other public or California mission records; or
                    (D) such individual is a lineal descendant of an 
                individual, living or dead, identified in subparagraph 
                (A), (B), or (C).
            (2) After adoption of a tribal constitution under section 
        8, such tribal constitution shall govern membership in the 
        Tribe.
    (c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of 
subsection (b), the Secretary shall accept any available evidence 
establishing Graton Indian ancestry. The Secretary shall accept as 
conclusive evidence of Graton Indian ancestry information contained in 
the census of the Indians from the Graton, Marshall, Bodega, Tomales, 
or Sebastopol, California, vicinities, prepared by or at the direction 
of Special Indian Agent John J. Terrell in any other roll or census of 
Graton Indians prepared by or at the direction of the Bureau of Indian 
Affairs and in the Graton Indian Rancheria distribution list compiled 
by the Bureau of Indian Affairs and approved by the Secretary on 
September 17, 1959.

SEC. 7. INTERIM GOVERNMENT.

    Until the Tribe ratifies a final constitution consistent with 
section 8, the Tribe's governing body shall be an Interim Tribal 
Council. The initial membership of the Interim Tribal Council shall 
consist of the members serving on the date of enactment of this Act, 
who have been elected under the tribal constitution adopted May 3, 
1997. The Interim Tribal Council shall continue to operate in the 
manner prescribed under such tribal constitution. Any vacancy on the 
Interim Tribal Council shall be filled by individuals who meet the 
membership criteria set forth in section 6(b) and who are elected in 
the same manner as are Tribal Council members under the tribal 
constitution adopted May 3, 1997.

SEC. 8. TRIBAL CONSTITUTION.

    (a) Election; Time; Procedure.--After the compilation of the tribal 
membership roll under section 6(a), upon the written request of the 
Interim Council, the Secretary shall conduct, by secret ballot, an 
election for the purpose of ratifying a final constitution for the 
Tribe. The election shall be held consistent with sections 16(c)(1) and 
16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian 
Reorganization Act; 25 U.S.C. 476(c)(1) and 476(c)(2)(A), 
respectively). Absentee voting shall be permitted regardless of voter 
residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120 
days after the Tribe ratifies a final constitution under subsection 
(a), the Secretary shall conduct an election by secret ballot for the 
purpose of electing tribal officials as provided in such tribal 
constitution. Such election shall be conducted consistent with the 
procedures specified in subsection (a) except to the extent that such 
procedures conflict with the tribal constitution.
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