[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1388 Reported in Senate (RS)]
<DOC>
Calendar No. 166
116th CONGRESS
1st Session
H. R. 1388
[Report No. 116-67]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2019
Received; read twice and referred to the Committee on Indian Affairs
July 29, 2019
Reported by Mr. Hoeven, without amendment
_______________________________________________________________________
AN ACT
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
2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after its
relationship to the United States 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 that 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 the Federal relationship
with 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 Federal Government terminated
its relationship with the Lytton Rancheria. 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 provides 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 shall be conducted on the lands to be taken
into trust by this Act.
(16) No gaming shall be conducted on any lands taken into
trust on behalf of the Tribe in Sonoma County after the date of
the enactment of this Act.
(17) 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 the
Tribe 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.
(18) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement as amended in 2018 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.
(a) Lands Taken Into Trust Under This Act.--Lands taken into trust
for the benefit of the Tribe under section 4 shall not be eligible for
gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(b) Other Lands Taken Into Trust.--Lands taken into trust for the
benefit of the Tribe in Sonoma County after the date of the enactment
of this Act shall not be eligible for gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2710 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, and any
addenda and supplement or amendment thereto, 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).
Calendar No. 166
116th CONGRESS
1st Session
H. R. 1388
[Report No. 116-67]
_______________________________________________________________________
AN ACT
To take lands in Sonoma County, California, into trust as part of the
reservation of the Lytton Rancheria of California, and for other
purposes.
_______________________________________________________________________
July 29, 2019
Reported without amendment