[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2936 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2936

 To restore land to the Enterprise Rancheria to rectify an inequitable 
                          taking of the land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2004

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To restore land to the Enterprise Rancheria to rectify an inequitable 
                          taking of the land.

    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 ``Enterprise Rancheria Land 
Restoration Act of 2004''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Enterprise Rancheria is 1 of several Federally 
        recognized tribes of Maidu Indians in the State of California 
        that function under a government-to-government relationship 
        with the Federal Government;
            (2) the Maidu people lived for thousands of years along the 
        watershed of the Feather River drainage area in north central 
        California, near what is now known as the Sacramento Valley 
        floor, and near the confluence of the south, middle, north, and 
        west branches of the Feather River;
            (3) in 1916, pursuant to section 3 of the Act of August 1, 
        1914 (38 Stat. 589, chapter 222), and other Federal laws 
        relating to homeless Indians, a parcel of land comprising 
        approximately 40.64 acres was purchased for Enterprise 
        Rancheria;
            (4) in 1915, the Secretary of the Interior developed a 
        census of approximately 51 Maidu Indians, which is now used for 
        the purpose of establishing the base membership roll for the 
        Enterprise Rancheria;
            (5) Enterprise Rancheria has been continuously federally 
        recognized since 1915 and was again recognized by virtue of 
        voting in an election on June 12, 1935, pursuant to section 19 
        of the Act of June 18, 1934 (commonly known as the ``Indian 
        Reorganization Act'') (48 Stat. 984, chapter 576);
            (6) Enterprise Rancheria has a constitution recognized by 
        the Bureau of Indian Affairs, a functioning governing body, and 
        approximately 664 enrolled members;
            (7) on August 20, 1964, Public Law 88-453 was enacted, 
        which authorized the Secretary of the Interior to sell 
        Enterprise Rancheria No. 2 parcel to the State of California 
        for the approximate sum of $12,196, for the sole purpose of 
        construction of Oroville Dam;
            (8) the State of California requested the law described in 
        paragraph (7) because Enterprise Rancheria No. 2 parcel would 
        be within the reservoir area of the Oroville Dam, an important 
        element of the California water plan;
            (9) as a result of Public Law 88-453, Enterprise Rancheria 
        No. 2 parcel is nearly all under water within the reservoir of 
        the Oroville Dam;
            (10) pursuant to Public Law 88-453, $11,175 was paid as 
        consideration for the 40.46 acres of Enterprise Rancheria No. 2 
        parcel, along with $1,020 for appraised personal property, for 
        a total purchase price of $12,196.00;
            (11) the payment was distributed to 4 individuals, Henry B. 
        Martin, Vera Martin Kiras, Stanley Martin, and Ralph G. Martin, 
        who received a pro rata share of the proceeds;
            (12) the remaining heirs and members of the Tribe received 
        no compensation for the sale of the land;
            (13) subsequent to the sale of the Enterprise Rancheria No. 
        2 parcel, the Enterprise Rancheria members, having lost their 
        homes, community, and traditional homeland, were forced to 
        scatter throughout the surrounding foothill communities and the 
        Sacramento Valley area, which has caused a continuing decay of 
        their culture, language, and traditions;
            (14) recognizing that the final resolution of any equitable 
        compensation claims based on the inequitable taking of 
        Enterprise Rancheria No. 2 parcel will take many years and 
        entail great expense to all parties, rectifying the loss of the 
        Enterprise Rancheria is imperative at this time;
            (15) the uncertainty as to the availability of Enterprise 
        Rancheria land taken in 1964 should be settled as soon as 
        practicable to avoid further damage to the long-term economic, 
        social, cultural planning, and development of the Enterprise 
        Rancheria;
            (16) to advance and fulfill the goals of Federal Indian 
        policy and the responsibility of the United States to protect 
        the land base and members of Enterprise Rancheria, it is 
        appropriate that the United States participate in the 
        implementation of restoring the land in accordance with this 
        Act; and
            (17) this Act settles all claims Enterprise Rancheria may 
        have regarding any equitable compensation based on the taking 
        of the original Enterprise Rancheria No. 2 parcel in 1964.
    (b) Purposes.--The purposes of this Act are--
            (1) to rectify an inequitable taking of land owned by 
        Enterprise Rancheria, specifically that parcel known as 
        Enterprise Rancheria No. 2 parcel, which comprised 
        approximately 40.64 acres, in a manner that is consistent with 
        the trust responsibility of the United States toward Federally 
        recognized Indian tribes;
            (2) to restore land to the Enterprise Rancheria and improve 
        the socioeconomic, cultural, and traditional aspects of the 
        Maidu people of the Enterprise Rancheria, through land that can 
        be used for economic development to improve the social, 
        cultural, governmental, educational, health, and general 
        welfare of Enterprise Rancheria and members of the Enterprise 
        Rancheria; and
            (3) to require that land not to exceed 41 acres acquired by 
        Enterprise Rancheria within the 40-mile radius of Enterprise 
Rancheria No. 2 parcel and within the Estom Yumeka Maidu aboriginal 
boundaries, if approved for trust status pursuant to part 151 of title 
25, Code of Federal Regulations (or a successor regulation), be treated 
for all legal purposes as the restoration of land for an Indian tribe 
that is restored to Federal recognition.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aboriginal boundaries.--The term ``aboriginal 
        boundaries'' means the boundaries of the land occupied and 
        possessed by the Maidu people prior to conquest, as a defined 
        area of what is now California, designated as the land near and 
        around the confluence of the Feather River within the 
        Sacramento Valley.
            (2) Acquired land.--The term ``acquired land'' means that 
        land purchased on or after the date of enactment of this Act to 
        restore land taken from the Enterprise Rancheria for the State 
        of California, pursuant to Public Law 88-453.
            (3) Enterprise rancheria.--The term ``Enterprise 
        Rancheria'' means the Rancheria Tribe that was federally 
        recognized on April 20, 1915, with a governing constitution, 
        approved April 12, 1995.
            (4) Enterprise rancheria no. 2 parcel.--The term 
        ``Enterprise Rancheria No. 2 parcel'' means the original 40.64 
        acre land base parcel belonging to the Maidu Indians that was 
        established and purchased by the United States and placed in 
        trust status for the homeless Maidu people in the area of the 
        parcel.
            (5) Feather river drainage area.--The term ``Feather River 
        drainage area'' means the area near and around the confluence 
        of the south, middle, north, and west branches of the Feather 
        River and drainage area below the confluence.
            (6) Rancheria act.--The term ``Rancheria Act'' means Public 
        Law 85-671 (commonly known as the ``California Rancheria 
        Act''), which terminated 38 California Rancherias.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Trust status.--The term ``trust status'' means the 
        status of land, the title of which is held by the United States 
        on behalf and for the beneficial use of recognized Indian 
        tribes in accordance with part 151 of title 25, Code of Federal 
        Regulations (or a successor regulation).

SEC. 4. PLACEMENT OF ACQUIRED LAND IN TRUST STATUS.

    The Secretary may place into trust status not to exceed 41 acres of 
land of the Enterprise Rancheria, if the land is approved for trust 
status.

SEC. 5. REPLACEMENT LAND.

    (a) Purchase.--To restore the Enterprise Rancheria No. 2 parcel, 
the Enterprise Rancheria may purchase not to exceed 41 acres of 
replacement land within the 40-mile radius of Enterprise Rancheria No. 
2 parcel and within the aboriginal boundaries of the Estom Yumeka 
Maidu.
    (b) Trust Status.--The Secretary may place the replacement land 
into trust status, the title to which shall be held in trust by the 
United States for the benefit of Enterprise Rancheria, if all Federal 
requirements of placing the land into trust status are satisfied.
    (c) Treatment of Replacement Land.--The acquisition of land under 
subsection (a) shall be treated as the restoration of land for an 
Indian tribe that is recognized by the Federal Government.

SEC. 6. EFFECT ON TRUST STATUS.

    This Act does not limit the authority of the Secretary to approve 
or deny any land application for trust status.

SEC. 7. FULL SATISFACTION OF CLAIMS.

    On the placement of the land described in section 5 into trust 
status, the Enterprise Rancheria shall be considered to have 
relinquished all equitable compensation claims the Enterprise Rancheria 
may have against the United States and the State of California arising 
from the sale of Enterprise Rancheria No. 2 parcel.
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