[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