[Congressional Record Volume 150, Number 126 (Thursday, October 7, 2004)]
[Senate]
[Pages S10738-S10739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2936. A bill to restore land to the Enterprise Rancheria to 
rectify an inequitable taking of the land; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce the 
Enterprise Rancheria Land Restoration Act of 2004, a bill that would 
restore lands to the Enterprise Rancheria, a Federally recognized 
Indian tribe. The tribe seeks this restoration to rectify an 
inequitable taking of their lands for the Oroville Dam in 1964.
  I am introducing this bill, at the request of the tribe, primarily to 
initiate a discussion regarding the tribe's efforts to obtain an 
equitable resolution 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 text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2936

       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 ``Enterprise Rancheria Land 
     Restoration Act of 2004''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Enterprise Rancheria is 1 of several Federally 
     recognized tribes of Maidu Indians in the State of California 
     that function under a government-to-government relationship 
     with the Federal Government;
       (2) the Maidu people lived for thousands of years along the 
     watershed of the Feather River drainage area in north central 
     California, near what is now known as the Sacramento Valley 
     floor, and near the confluence of the south, middle, north, 
     and west branches of the Feather River;
       (3) in 1916, pursuant to section 3 of the Act of August 1, 
     1914 (38 Stat. 589, chapter 222), and other Federal laws 
     relating to homeless Indians, a parcel of land comprising 
     approximately 40.64 acres was purchased for Enterprise 
     Rancheria;
       (4) in 1915, the Secretary of the Interior developed a 
     census of approximately 51 Maidu Indians, which is now used 
     for the purpose of establishing the base membership roll for 
     the Enterprise Rancheria;
       (5) Enterprise Rancheria has been continuously federally 
     recognized since 1915 and was again recognized by virtue of 
     voting in an election on June 12, 1935, pursuant to section 
     19 of the Act of June 18, 1934 (commonly known as the 
     ``Indian Reorganization Act'') (48 Stat. 984, chapter 576);
       (6) Enterprise Rancheria has a constitution recognized by 
     the Bureau of Indian Affairs, a functioning governing body, 
     and approximately 664 enrolled members;
       (7) on August 20, 1964, Public Law 88-453 was enacted, 
     which authorized the Secretary of the Interior to sell 
     Enterprise Rancheria No. 2 parcel to the State of California 
     for the approximate sum of $12,196, for the sole purpose of 
     construction of Oroville Dam;
       (8) the State of California requested the law described in 
     paragraph (7) because Enterprise Rancheria No. 2 parcel would 
     be within the reservoir area of the Oroville Dam, an 
     important element of the California water plan;
       (9) as a result of Public Law 88-453, Enterprise Rancheria 
     No. 2 parcel is nearly all under water within the reservoir 
     of the Oroville Dam;
       (10) pursuant to Public Law 88-453, $11,175 was paid as 
     consideration for the 40.46 acres of Enterprise Rancheria No. 
     2 parcel, along with $1,020 for appraised personal property, 
     for a total purchase price of $12,196.00;
       (11) the payment was distributed to 4 individuals, Henry B. 
     Martin, Vera Martin Kiras, Stanley Martin, and Ralph G. 
     Martin, who received a pro rata share of the proceeds;
       (12) the remaining heirs and members of the Tribe received 
     no compensation for the sale of the land;
       (13) subsequent to the sale of the Enterprise Rancheria No. 
     2 parcel, the Enterprise Rancheria members, having lost their 
     homes, community, and traditional homeland, were forced to 
     scatter throughout the surrounding foothill communities and 
     the Sacramento Valley area, which has caused a continuing 
     decay of their culture, language, and traditions;
       (14) recognizing that the final resolution of any equitable 
     compensation claims based on the inequitable taking of 
     Enterprise Rancheria No. 2 parcel will take many years and 
     entail great expense to all parties, rectifying the loss of 
     the Enterprise Rancheria is imperative at this time;
       (15) the uncertainty as to the availability of Enterprise 
     Rancheria land taken in 1964 should be settled as soon as 
     practicable to avoid further damage to the long-term 
     economic, social, cultural planning, and development of the 
     Enterprise Rancheria;
       (16) to advance and fulfill the goals of Federal Indian 
     policy and the responsibility of the United States to protect 
     the land base and members of Enterprise Rancheria, it is 
     appropriate that the United States participate in the 
     implementation of restoring the land in accordance with this 
     Act; and
       (17) this Act settles all claims Enterprise Rancheria may 
     have regarding any equitable compensation based on the taking 
     of the original Enterprise Rancheria No. 2 parcel in 1964.
       (b) Purposes.--The purposes of this Act are--
       (1) to rectify an inequitable taking of land owned by 
     Enterprise Rancheria, specifically that parcel known as 
     Enterprise Rancheria No. 2 parcel, which comprised 
     approximately 40.64 acres, in a manner that is consistent 
     with the trust responsibility of the United States toward 
     Federally recognized Indian tribes;
       (2) to restore land to the Enterprise Rancheria and improve 
     the socioeconomic, cultural, and traditional aspects of the 
     Maidu people of the Enterprise Rancheria, through land that 
     can be used for economic development to improve the social, 
     cultural, governmental, educational, health, and general 
     welfare of Enterprise Rancheria and members of the Enterprise 
     Rancheria; and
       (3) to require that land not to exceed 41 acres acquired by 
     Enterprise Rancheria within the 40-mile radius of Enterprise 
     Rancheria No. 2 parcel and within the Estom Yumeka Maidu 
     aboriginal boundaries, if approved for trust status pursuant 
     to part 151 of title 25, Code of Federal Regulations (or a 
     successor regulation), be treated for all legal purposes as 
     the restoration of land for an Indian tribe that is restored 
     to Federal recognition.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aboriginal boundaries.--The term ``aboriginal 
     boundaries'' means the boundaries of the land occupied and 
     possessed by the Maidu people prior to conquest, as a defined 
     area of what is now California, designated as the land near 
     and around the confluence of the Feather River within the 
     Sacramento Valley.
       (2) Acquired land.--The term ``acquired land'' means that 
     land purchased on or after the date of enactment of this Act 
     to restore land taken from the Enterprise Rancheria for the 
     State of California, pursuant to Public Law 88-453.
       (3) Enterprise rancheria.--The term ``Enterprise 
     Rancheria'' means the Rancheria Tribe that was federally 
     recognized on April 20, 1915, with a governing constitution, 
     approved April 12, 1995.
       (4) Enterprise rancheria no. 2 parcel.--The term 
     ``Enterprise Rancheria No. 2 parcel'' means the original 
     40.64 acre land base parcel belonging to the Maidu Indians 
     that was established and purchased by the United States and 
     placed in trust status for the homeless Maidu people in the 
     area of the parcel.
       (5) Feather river drainage area.--The term ``Feather River 
     drainage area'' means the area near and around the confluence 
     of the south, middle, north, and west branches of the Feather 
     River and drainage area below the confluence.
       (6) Rancheria act.--The term ``Rancheria Act'' means Public 
     Law 85-671 (commonly known as the ``California Rancheria 
     Act''), which terminated 38 California Rancherias.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Trust status.--The term ``trust status'' means the 
     status of land, the title of which is held by the United 
     States on behalf and for the beneficial use of recognized 
     Indian tribes in accordance with part 151 of title 25, Code 
     of Federal Regulations (or a successor regulation).

[[Page S10739]]

     SEC. 4. PLACEMENT OF ACQUIRED LAND IN TRUST STATUS.

       The Secretary may place into trust status not to exceed 41 
     acres of land of the Enterprise Rancheria, if the land is 
     approved for trust status.

     SEC. 5. REPLACEMENT LAND.

       (a) Purchase.--To restore the Enterprise Rancheria No. 2 
     parcel, the Enterprise Rancheria may purchase not to exceed 
     41 acres of replacement land within the 40-mile radius of 
     Enterprise Rancheria No. 2 parcel and within the aboriginal 
     boundaries of the Estom Yumeka Maidu.
       (b) Trust Status.--The Secretary may place the replacement 
     land into trust status, the title to which shall be held in 
     trust by the United States for the benefit of Enterprise 
     Rancheria, if all Federal requirements of placing the land 
     into trust status are satisfied.
       (c) Treatment of Replacement Land.--The acquisition of land 
     under subsection (a) shall be treated as the restoration of 
     land for an Indian tribe that is recognized by the Federal 
     Government.

     SEC. 6. EFFECT ON TRUST STATUS.

       This Act does not limit the authority of the Secretary to 
     approve or deny any land application for trust status.

     SEC. 7. FULL SATISFACTION OF CLAIMS.

       On the placement of the land described in section 5 into 
     trust status, the Enterprise Rancheria shall be considered to 
     have relinquished all equitable compensation claims the 
     Enterprise Rancheria may have against the United States and 
     the State of California arising from the sale of Enterprise 
     Rancheria No. 2 parcel.
                                 ______