[Congressional Record Volume 163, Number 116 (Tuesday, July 11, 2017)]
[House]
[Pages H5415-H5417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LYTTON RANCHERIA HOMELANDS ACT OF 2017
Mr. LaHOOD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 597) to take lands in Sonoma County, California, into trust
as part of the reservation of the Lytton Rancheria of California, and
for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 597
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 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after it 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 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.
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(6) By the mid-1950s, Federal Indian policy had shifted
back towards a policy of terminating 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 Lytton Rancheria was terminated
by the Federal Government. 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 agreed 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 north of a line that runs in a
cardinal east and west direction from the point where Highway
Route 12 crosses Highway 101 as they are physically on the
ground and used for transportation on January 1, 2016, and
extending to the furthest extent of Sonoma County.
(17) Any agreement, now or in the future, regarding gaming
restrictions between Sonoma County and the Tribe will be
effective without further review by the Bureau of Indian
Affairs.
(18) 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 they
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.
(19) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement 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.--
(1) Time-limited prohibition.--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.) until after March 15, 2037.
(2) Permanent prohibition.--Notwithstanding paragraph (1),
lands located north of a line that runs in a cardinal east
and west direction and is defined by California State Highway
Route 12 as it crosses through Sonoma County at Highway 101
as they are physically on the ground and used for
transportation on January 1, 2016, and extending to the
furthest extent of Sonoma County 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 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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. LaHood) and the gentleman from California (Mr. Panetta)
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. LaHOOD. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the bill currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. LaHOOD. Mr. Speaker, I yield myself such time as I may consume.
H.R. 597, sponsored by the gentleman from California (Mr. Denham), my
colleague, would take into trust approximately 511 acres of land of
noncontiguous fee land owned by the Lytton Rancheria. The land is
adjacent to the town of Windsor, in Sonoma County, California. Under
the bill, gaming under the Indian Gaming Regulatory Act is prohibited
on these lands.
In 2009, the Tribe applied to the Department of the Interior to place
title to approximately 127 acres of lands acquired in this area in
trust. The application is still pending with the Department of the
Interior.
The Tribe has testified that it intends to use a portion of the lands
for Tribal housing, while the rest would support a diverse range of
economic development, including plans for a future resort and winery.
I want to thank the sponsor of the legislation for his hard work on
this bill, and I urge adoption of the measure.
Mr. Speaker, I reserve the balance of my time.
Mr. PANETTA. Mr. Speaker, I yield myself such time as I may consume.
Along with dozens of other California Tribes, the Lytton Band of Pomo
Indians had its relationship with the Federal Government terminated in
1958. That resulted in the loss of its Federal status and all of its
Tribal lands.
The Tribe's federally recognized status was eventually restored, but
their reservation lands were not. As a result, with the exception of a
small parcel of land that Congress provided for gaming in San Pablo,
the Tribe has been left essentially landless and without a reservation
since it was terminated.
This bill will take approximately 511 acres in Sonoma County into
trust as part of the reservation of the Lytton Rancheria. By directing
these lands into trust, the United States will ensure that the Lytton
Rancheria will finally have a permanently protected homeland on which
they can, once again, live communally and plan for future generations.
I commend Representative Denham, my neighbor to the east, for this
bipartisan legislation, and I urge quick adoption of this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. LaHOOD. Mr. Speaker, I urge adoption of the legislation, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. LaHood) that the House suspend the rules
and pass the bill, H.R. 597.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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