[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2538 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2538
To take lands in Sonoma County, California, into trust as part of the
reservation of the Lytton Rancheria of California, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2015
Mr. Huffman (for himself and Mr. Denham) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To take lands in Sonoma County, California, into trust as part of the
reservation of the Lytton Rancheria of California, and for other
purposes.
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 ``Lytton Rancheria Homelands Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after it was
unjustly and unlawfully terminated in 1958. The Tribe was
restored to Federal recognition in 1991, but the conditions of
its restoration have prevented it from regaining a homeland on
its original lands.
(2) Congress needs to take action to reverse historic
injustices that befell the Tribe and have prevented it from
regaining a viable homeland for its people.
(3) Prior to European contact there were as many as 350,000
Indians living in what is now the State of California. By the
turn of the 19th century, that number had been reduced to
approximately 15,000 individuals, many of them homeless and
living in scattered bands and communities.
(4) The Lytton Rancheria's original homeland was purchased
by the United States in 1926 pursuant to congressional
authority designed to remedy the unique tragedy that befell the
Indians of California and provide them with reservations called
Rancherias to be held in trust by the United States.
(5) After the Lytton Rancheria lands were purchased by the
United States, the Tribe settled on the land and sustained
itself for several decades by farming and ranching.
(6) By the mid-1950s, Federal Indian policy had shifted
back towards a policy of terminating Indian tribes. In 1958,
Congress enacted the Rancheria Act of 1958 (72 Stat. 619),
which slated 41 Rancherias in California, including the Lytton
Rancheria, for termination after certain conditions were met.
(7) On August 1, 1961, the Lytton Rancheria was terminated
by the Federal Government. This termination was illegal because
the conditions for termination under the Rancheria Act had
never been met. After termination was implemented, the Tribe
lost its lands and was left without any means of supporting
itself.
(8) In 1987, the Tribe joined three other tribes in a
lawsuit against the United States challenging the illegal
termination of their Rancherias. A Stipulated Judgment in the
case, Scotts Valley Band of Pomo Indians of the Sugar Bowl
Rancheria v. United States, No. C-86-3660 (N.D.Cal. March 22,
1991), restored the Lytton Rancheria to its status as a
federally recognized Indian tribe.
(9) The Stipulated Judgment agreed that the Lytton
Rancheria would have the ``individual and collective status and
rights'' which it had prior to its termination and expressly
contemplated the acquisition of trust lands for the Lytton
Rancheria.
(10) The Stipulated Judgment contains provisions, included
at the request of the local county governments and neighboring
landowners, that prohibit the Lytton Rancheria from exercising
its full Federal rights on its original homeland in the
Alexander Valley.
(11) In 2000, approximately 9.5 acres of land in San Pablo,
California, was placed in trust status for the Lytton Rancheria
for economic development purposes.
(12) The Tribe has since acquired, from willing sellers at
fair market value, property in Sonoma County near the Tribe's
historic Rancheria. This property, which the Tribe holds in fee
status, is suitable for a new homeland for the Tribe.
(13) On a portion of the land to be taken into trust, which
portion totals approximately 124.12 acres, the Tribe plans to
build housing for its members and governmental and community
facilities.
(14) A portion of the land to be taken into trust is being
used for viniculture, and the Tribe intends to develop more of
the lands to be taken into trust for viniculture. The Tribe's
investment in the ongoing viniculture operation has
reinvigorated the vineyards, which are producing high-quality
wines. The Tribe is operating its vineyards on a sustainable
basis and is working toward certification of sustainability.
(15) No gaming will be conducted on the lands to be taken
into trust.
(16) By directing that these lands be taken into trust, the
United States will ensure that the Lytton Rancheria will
finally have a permanently protected homeland on which they can
once again live communally and plan for future generations.
This action is necessary to fully restore the Tribe to the
status it had before it was wrongfully terminated in 1961.
(17) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement in which the County agrees to the lands
in the County being taken into trust for the benefit of the
Tribe in consideration for commitments made by the Tribe.
SEC. 3. DEFINITIONS.
For the purpose of this Act, the following definitions apply:
(1) County.--The term ``County'' means Sonoma County,
California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lytton Rancheria
of California.
SEC. 4. LANDS TO BE TAKEN INTO TRUST.
(a) In General.--The land owned by the Tribe and generally depicted
on the map titled ``Lytton Fee Owned Property to be Taken into Trust''
and dated May 1, 2015, is hereby taken into trust for the benefit of
the Tribe, subject to valid existing rights, contracts, and management
agreements related to easements and rights-of-way.
(b) Lands To Be Made Part of the Reservation.--Lands taken into
trust under subsection (a) shall be part of the Tribe's reservation and
shall be administered in accordance with the laws and regulations
generally applicable to property held in trust by the United States for
an Indian tribe.
SEC. 5. GAMING PROHIBITION.
Land taken into trust for the benefit of the Tribe under this Act
shall not be used for gaming under the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).
SEC. 6. APPLICABILITY OF CERTAIN LAW.
Notwithstanding any other provision of law, the Memorandum of
Agreement entered into by the Tribe and the County concerning taking
land in the County into trust for the benefit of the Tribe, which was
approved by the County Board of Supervisors on March 10, 2015, is not
subject to review or approval of the Secretary in order to be
effective, including review or approval under section 2103 of the
Revised Statutes (25 U.S.C. 81).
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