[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3535 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 843
115th CONGRESS
  2d Session
                                H. R. 3535

                         [Report No. 115-1087]

 To restore Federal recognition to the Ruffey Rancheria of California, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

 Mr. LaMalfa introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                           December 20, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               28, 2017]


_______________________________________________________________________

                                 A BILL


 
 To restore Federal recognition to the Ruffey 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 ``Ruffey Rancheria Restoration Act of 
2018''.

SEC. 2. 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. Such 
Federal treaties and other authority shall not include any treaty, 
Executive Order, agreement, statute or other authority entered into in 
the Territory or State of Oregon or affecting any tribe or band of 
Indians whose historical territory was located therein.
    (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 the 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 on the part of 
        the Tribe and its members for, or receipt of, services and 
        benefits under paragraph (1) shall not be 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, provided, that any such rights shall not extend into the 
Territory or State of Oregon.
    (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.
    (f) Rights of the Quartz Valley Indian Reservation.--Nothing in 
this Act shall be construed as infringing upon or diminishing the 
territorial rights or sovereignty of the Quartz Valley Indian 
Reservation.

SEC. 3. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands to Be Taken in Trust.--Upon application by the Tribe, the 
Secretary shall have the authority under this section to accept into 
trust for the benefit of the Tribe real property located in Siskiyou 
County, California, 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 Ruffey Rancheria.--Subject to the 
conditions specified in this section, real property eligible for trust 
status under this section shall include Indian owned fee land in 
Siskiyou County, California, that is held by persons listed as 
distributees or dependent members in the distribution plan approved by 
the Bureau of Indian Affairs and published in the Federal Register on 
April 11, 1961, or such distributees' or dependent members' Indian 
heirs or successors in interest, provided, that such lands shall not 
include any lands located within the boundaries of the State of Oregon.
    (c) Lands to Be Part of the 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) 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. 4. 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 Enrollments.--
            (1) Preconstitution roll.--Until a tribal constitution is 
        adopted pursuant to section 6, an individual shall be placed on 
        the Ruffey Rancheria membership roll if the 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 Ruffey 
                Rancheria distribution list compiled by the Bureau of 
                Indian Affairs and approved by the Secretary and 
                published in the Federal Register on April 11, 1961, 
                under Public Law 85-671;
                    (B) such individual was not listed on, but met the 
                requirements that had to be met to be listed on the 
                Ruffey Rancheria distribution list; or
                    (C) the individual is a lineal descendant of an 
                individual, living or dead, identified in subparagraph 
                (A) or (B), and has never been an enrolled member of 
                any other Federally recognized Indian tribe.
            (2) Roll after adoption of constitution.--After adoption of 
        a tribal constitution under section 6, such tribal constitution 
        shall govern membership in the Tribe.
    (c) Conclusive Proof of Ruffey Rancheria Indian Ancestry.--For the 
purpose of subsection (b), the Secretary shall accept any available 
evidence establishing Ruffey Rancheria Indian ancestry. The Secretary 
shall accept as conclusive evidence of Ruffey Rancheria Indian ancestry 
information contained in the letter regarding certain lands purchased 
for the use of Ruffey and other Indians near Etna, California, sent by 
Charles E. Kelsey, Special Agent for the California Indians, to the 
Commissioner of Indian Affairs dated June 24, 1913; residence on or 
adjacent to lands purchased or leased in Siskiyou County, California, 
by Special Agent Charles E. Kelsey, provided that such lands were 
occupied by an individual with a bona fide relationship to the Ruffey 
Rancheria; and in the Ruffey Rancheria distribution list compiled by 
the Bureau of Indian Affairs and approved by the Secretary and 
published in the Federal Register on April 11, 1961.

SEC. 5. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become 
effective under section 6, the governing body of the Tribe shall be an 
Interim Council. The initial membership of the Interim Council shall 
consist of the members of the Executive Council of the Tribe on the 
date of the enactment of this Act, and the Interim Council shall 
continue to operate in the manner prescribed for the Executive Council 
under the tribal constitution of the Tribe adopted on December 19, 
2014, as amended by Tribal Resolution 18-02, to the extent that such 
constitution is not contrary to Federal law. Any new members filling 
vacancies on the Interim Council shall meet the enrollment criteria set 
forth in section 4(b) and be elected in the same manner as are 
Executive Council members under the tribal constitution adopted 
December 19, 2014, as amended by Tribal Resolution 18-02.

SEC. 6. TRIBAL CONSTITUTION.

    (a) Election; Time; Procedure.--After the compilation of the tribal 
membership roll under section 4, upon the written request of the 
Interim Tribal 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. 5123(c)(1) and 5123(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.

SEC. 7. LIMITATIONS ON INDIAN GAMING ON ACQUIRED LANDS.

    In addition to any other requirements under applicable Federal law, 
gaming conducted pursuant to an exception under subsection (b)(1)(B) of 
section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) shall 
not be conducted on any land taken into trust by the United States for 
the benefit of the Tribe unless the Secretary determines, on the date 
that the land is taken into trust, that--
            (1) the Tribe has received a written determination by the 
        Secretary that the land is eligible to be used for gaming under 
        such section; and
            (2) the land is located in the county of Siskiyou, 
        California, 5 miles or less away from lands within such County 
        taken into trust under section 3 of this Act.

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1) Interim council.--The term ``Interim Council'' means 
        the governing body of the Tribe specified in section 6.
            (2) Member.--The term ``member'' means any person meeting 
        the enrollment criteria under section 4(b).
            (3) Reservation.--The term ``reservation'' means those 
        lands acquired and held in trust by the Secretary for the 
        benefit of the Tribe pursuant to section 3.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Service area.--The term ``service area'' means Siskiyou 
        County in the State of California. Neither the Tribe's service 
        area nor its near-reservation area shall be extended into or 
        located within the State of Oregon for any Federal or State 
        program or service.
            (6) State.--The term ``State'' means the State of 
        California.
            (7) Tribe.--The term ``Tribe'' means the Ruffey Rancheria 
        of California.
                                                 Union Calendar No. 843

115th CONGRESS

  2d Session

                               H. R. 3535

                         [Report No. 115-1087]

_______________________________________________________________________

                                 A BILL

 To restore Federal recognition to the Ruffey Rancheria of California, 
                        and for other purposes.

_______________________________________________________________________

                           December 20, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed