[Congressional Record Volume 165, Number 52 (Tuesday, March 26, 2019)]
[House]
[Pages H2812-H2813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 LYTTON RANCHERIA HOMELANDS ACT OF 2019

  Mr. GRIJALVA. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1388) 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. 1388

       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.

[[Page H2813]]

  


     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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from California (Mr. Cook) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Madam 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, resulting in the loss of its Federal status and all of its Tribal 
lands.
  The Tribe's federally recognized status was eventually restored, but 
its 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.
  H.R. 1388 will address that issue by taking approximately 511 acres 
in Sonoma County, California, into trust as part of the reservation of 
the Lytton Rancheria. On 124 acres of the land, the Tribe plans to 
build housing for its members, as well as governmental and community 
facilities. Another portion of the land is currently being used for 
viniculture, and the Tribe intends to develop more of the lands for the 
same purpose.
  In response to local concerns, the Tribe has agreed that the lands 
will not be used for gaming. This is provided in the text of the 
legislation as well as in a binding memorandum of agreement with the 
Sonoma County Board of Supervisors.
  In addition to the memorandum of agreement with the County of Sonoma, 
the Tribe has also entered into agreements with the local school 
district and the local fire department. Additionally, the Tribe is 
working with the city of Windsor to ensure appropriate water and sewer 
hookup.

                              {time}  1330

  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 as a community and 
plan for the future.
  An identical bill passed the House last Congress by voice vote, and I 
urge quick adoption of this legislation as well.
  Madam Speaker, I reserve the balance of my time.
  Mr. COOK. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 1388 will provide for the acquisition of a number 
of acres of noncontiguous land in trust for the benefit of Lytton 
Rancheria. The lands, located in Sonoma County next to the town of 
Windsor, are the subject of a fee-to-trust application filed by the 
Tribe with the Department of the Interior in 2009.
  Neither the Obama nor Trump administration has provided a reason why 
the Tribe's application has not been approved in the last 10 years.
  The Tribe has testified that it intends to use a portion of the land 
for tribal housing, while the rest would support a diverse range of 
economic development, including plans for a future resort and winery.
  I notice everyone paid attention to that last word.
  An identical measure passed the House in the previous Congress, and 
it has been reported twice by the Committee on Natural Resources, 
though not in the current Congress.
  Madam Speaker, I urge adoption of the measure, and I yield back the 
balance of my time.
  Mr. GRIJALVA. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, H.R. 1388.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GRIJALVA. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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