[Congressional Record Volume 150, Number 121 (Thursday, September 30, 2004)]
[Senate]
[Page S10074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2879. A bill to restore recognition to the Winnemem Wintu Indian 
Tribe of California; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce ``The 
Winnemem Wintu Tribe Clarification and Restoration Act,'' a bill that 
would clarify the status of the Winnemem Wintu Tribe of northern 
California. I am introducing this bill, at the request of the tribe, 
primarily to initiate a discussion of the tribe's status among all the 
interested parties, including the tribe, local communities, and the 
tribe's congressional delegation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2879

       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 ``Winnemem Wintu Tribe 
     Clarification and Restoration Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Winnemem Wintu Indian Tribe was entitled to have 
     been included in the 1979 acknowledgement process that 
     created a list of federally recognized California tribes;
       (2) in addition to its continuous historic relationship 
     with the Federal Government, the trust status of the Tribe 
     was reaffirmed by the provisions of the Act of July 30, 1941 
     (55 Stat. 612, chapter 334), which granted to the United 
     States all tribal and allotted Indian land within the area 
     embraced by the Central Valley Project;
       (3) under that Act, the Secretary, acting through the 
     Commissioner of Reclamation, on January 5, 1942, created the 
     Shasta Reservoir Indian Cemetery, which contains Winnemem 
     Wintu remains, markers, and other appurtenances held in trust 
     by the United States;
       (4) Winnemem Wintu remains were removed to that cemetery 
     from the traditional cemetery of the Tribe in the McCloud 
     River valley that was flooded by the Shasta Reservoir;
       (5) the Bureau of Reclamation informed the Area Director of 
     the Indian Service in writing on December 22, 1942, of the 
     new cemetery and its status as Federal trust land;
       (6) the Secretary, through an administrative oversight or 
     inaction of the Indian Service, overlooked the trust status 
     of the Tribe, which was reaffirmed by the making of partial 
     restitution by the Secretary for the taking of tribal land 
     and the 1941 relocation of the remains of tribal members, 
     which remain interred in the Shasta Reservoir Indian 
     Cemetery;
       (7) the ongoing trust relationship of the Tribe with the 
     Federal Government should have been recognized by the 
     Secretary, and the Tribe should have been included in the 
     1979 listing of federally recognized California tribes; and
       (8) the Tribe, as a matter of sovereign choice, has 
     determined that the conduct of gaming by the Tribe would be 
     detrimental to the maintenance of its traditional tribal 
     culture.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Service area.--The term ``service area'' means the 
     counties of Shasta and Siskiyou, California.
       (3) Tribe.--The term ``Tribe'' means the Indians of the 
     Winnemem Wintu Tribe of northern California.

     SEC. 4. CLARIFICATION OF FEDERAL STATUS AND RESTORATION OF 
                   FEDERAL RIGHTS AND PRIVILEGES.

       (a) Federal Status.--Federal status is restored to the 
     Tribe.
       (b) Applicable Law.--Except as otherwise provided in this 
     Act, all laws (including regulations) of general 
     applicability to Indians and nations, tribes, or bands of 
     Indians that are not inconsistent with any provision of this 
     Act shall be applicable to the Tribe and members of the 
     Tribe.
       (c) Restorations of Rights and Privileges.--Except as 
     provided in subsection (d), all rights and privileges of the 
     Tribe and members of the Tribe under any Federal treaty, 
     Executive order, agreement, or statute, or under any other 
     authority that were diminished or lost under Public Law 85-
     671 (72 Stat. 619) are restored, and that Act shall be 
     inapplicable to the Tribe or members of the Tribe after the 
     date of enactment of this Act.
       (d) Federal Services and Benefits.--
       (1) Eligibility.--
       (A) In general.--Without regard to the existence of a 
     reservation, the Tribe and its members shall be eligible, on 
     and after the date of enactment of this Act, for all Federal 
     services and benefits furnished to federally recognized 
     Indian tribes or their members.
       (B) Residing on a reservation.--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 service area shall be deemed to 
     be residing on a reservation.
       (2) Relation to other laws.--The eligibility for or receipt 
     of services and benefits under paragraph (1) by the Tribe or 
     a member of the Tribe shall not be considered as income, 
     resources, or otherwise when determining the eligibility for 
     or computation of any payment or other benefit to the Tribe 
     or member under--
       (A) any financial aid program of the United States, 
     (including grants and contracts under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.); or
       (B) any other benefit to which the Tribe or member would 
     otherwise be entitled under any Federal or federally assisted 
     program.
       (e) Hunting, Fishing, Trapping, Gathering, and Water 
     Rights.--Nothing in this Act expands, reduces, or otherwise 
     affects in any manner any hunting, fishing, trapping, 
     gathering, or water rights of the Tribe and members of the 
     Tribe.
       (f) Certain Rights Not Altered.--Except as specifically 
     provided in this Act, nothing in this Act alters any property 
     right or obligation, any contractual right or obligation, or 
     any obligation for taxes levied.

     SEC. 5. RESERVATION OF THE TRIBE.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall take the 42.5-acre site presently 
     occupied by the Tribe into trust for the benefit of the 
     Tribe, and that land shall be the reservation of the Tribe.

     SEC. 6. GAMING.

       The Tribe shall not have the right to conduct gaming 
     (within the meaning of the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.)).




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