[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2879 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2879
To restore recognition to the Winnemem Wintu Indian Tribe of
California.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2004
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To restore recognition to the Winnemem Wintu Indian Tribe 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 ``Winnemem Wintu Tribe Clarification
and Restoration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Winnemem Wintu Indian Tribe was entitled to have
been included in the 1979 acknowledgement process that created
a list of federally recognized California tribes;
(2) in addition to its continuous historic relationship
with the Federal Government, the trust status of the Tribe was
reaffirmed by the provisions of the Act of July 30, 1941 (55
Stat. 612, chapter 334), which granted to the United States all
tribal and allotted Indian land within the area embraced by the
Central Valley Project;
(3) under that Act, the Secretary, acting through the
Commissioner of Reclamation, on January 5, 1942, created the
Shasta Reservoir Indian Cemetery, which contains Winnemem Wintu
remains, markers, and other appurtenances held in trust by the
United States;
(4) Winnemem Wintu remains were removed to that cemetery
from the traditional cemetery of the Tribe in the McCloud River
valley that was flooded by the Shasta Reservoir;
(5) the Bureau of Reclamation informed the Area Director of
the Indian Service in writing on December 22, 1942, of the new
cemetery and its status as Federal trust land;
(6) the Secretary, through an administrative oversight or
inaction of the Indian Service, overlooked the trust status of
the Tribe, which was reaffirmed by the making of partial
restitution by the Secretary for the taking of tribal land and
the 1941 relocation of the remains of tribal members, which
remain interred in the Shasta Reservoir Indian Cemetery;
(7) the ongoing trust relationship of the Tribe with the
Federal Government should have been recognized by the
Secretary, and the Tribe should have been included in the 1979
listing of federally recognized California tribes; and
(8) the Tribe, as a matter of sovereign choice, has
determined that the conduct of gaming by the Tribe would be
detrimental to the maintenance of its traditional tribal
culture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Service area.--The term ``service area'' means the
counties of Shasta and Siskiyou, California.
(3) Tribe.--The term ``Tribe'' means the Indians of the
Winnemem Wintu Tribe of northern California.
SEC. 4. CLARIFICATION OF FEDERAL STATUS AND RESTORATION OF FEDERAL
RIGHTS AND PRIVILEGES.
(a) Federal Status.--Federal status is restored to the Tribe.
(b) Applicable Law.--Except as otherwise provided in this Act, all
laws (including regulations) of general applicability to Indians and
nations, tribes, or bands of Indians that are not inconsistent with any
provision of this Act shall be applicable to the Tribe and members of
the Tribe.
(c) Restorations of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and members of
the Tribe under any Federal treaty, Executive order, agreement, or
statute, or under any other authority that were diminished or lost
under Public Law 85-671 (72 Stat. 619) are restored, and that Act shall
be inapplicable to the Tribe or members of the Tribe after the date of
enactment of this Act.
(d) Federal Services and Benefits.--
(1) Eligibility.--
(A) 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.
(B) Residing on a reservation.--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
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 the Tribe or a
member of the Tribe shall not be considered as income,
resources, or otherwise when determining the eligibility for or
computation of any payment or other benefit to the Tribe or
member under--
(A) any financial aid program of the United States,
(including grants and contracts under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.); or
(B) any other benefit to which the Tribe or member
would otherwise be entitled under any Federal or
federally assisted program.
(e) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act expands, reduces, or otherwise affects in any
manner any hunting, fishing, trapping, gathering, or water rights of
the Tribe and members of the Tribe.
(f) Certain Rights Not Altered.--Except as specifically provided in
this Act, nothing in this Act alters any property right or obligation,
any contractual right or obligation, or any obligation for taxes
levied.
SEC. 5. RESERVATION OF THE TRIBE.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall take the 42.5-acre site presently occupied by the Tribe
into trust for the benefit of the Tribe, and that land shall be the
reservation of the Tribe.
SEC. 6. GAMING.
The Tribe shall not have the right to conduct gaming (within the
meaning of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
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