[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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