[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[House]
[Pages 11269-11271]
[From the U.S. Government Publishing Office, www.gpo.gov]



                    GRATON RANCHERIA RESTORATION ACT

  Mr. SAXTON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 946) to restore Federal recognition to the Indians of the 
Graton Rancheria of California.
  The Clerk read as follows:

                                H.R. 946

       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 ``Graton Rancheria Restoration 
     Act''.

[[Page 11270]]



     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) In their 1997 Report to Congress, the Advisory Council 
     on California Indian Policy specifically recommended the 
     immediate legislative restoration of the Graton Rancheria.
       (2) The Federated Indians of Graton Rancheria Tribal 
     Council has made the express decision to restrict gaming 
     consistent with the provisions of this Act.

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``Tribe'' means the Indians of the Graton 
     Rancheria of California.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.
       (3) The term ``Interim Tribal Council'' means the governing 
     body of the Tribe specified in section 7.
       (4) The term ``member'' means an individual who meets the 
     membership criteria under section 6(b).
       (5) The term ``State'' means the State of California.
       (6) The term ``reservation'' means those lands acquired and 
     held in trust by the Secretary for the benefit of the Tribe.
       (7) The term ``service area'' means the counties of Marin 
     and Sonoma, in the State of California.

     SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND 
                   PRIVILEGES.

       (a) Federal Recognition.--Federal recognition is hereby 
     restored to the Tribe. Except as otherwise provided in this 
     Act, all laws and regulations of general application to 
     Indians and nations, tribes, or bands of Indians that are not 
     inconsistent with any specific provision of this Act shall be 
     applicable to the Tribe and its members.
       (b) Restoration of Rights and Privileges.--Except as 
     provided in subsection (d), all rights and privileges of the 
     Tribe and its members under any Federal treaty, Executive 
     order, agreement, or statute, or under any other authority 
     which were diminished or lost under the Act of August 18, 
     1958 (Public Law 85-671; 72 Stat. 619), are hereby restored, 
     and the provisions of such Act shall be inapplicable to the 
     Tribe and its members after the date of the enactment of this 
     Act.
       (c) Federal Services and Benefits.--
       (1) 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. 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 Tribe's 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 a tribe or 
     individual shall not be considered as income, resources, or 
     otherwise when determining the eligibility for or computation 
     of any payment or other benefit to such tribe, individual, or 
     household under--
       (A) any financial aid program of the United States, 
     including grants and contracts subject to the Indian Self-
     Determination Act; or
       (B) any other benefit to which such tribe, household, or 
     individual would otherwise be entitled under any Federal or 
     federally assisted program.
       (d) Hunting, Fishing, Trapping, Gathering, and Water 
     Rights.--Nothing in this Act shall expand, reduce, or affect 
     in any manner any hunting, fishing, trapping, gathering, or 
     water rights of the Tribe and its members.
       (e) Certain Rights Not Altered.--Except as specifically 
     provided in this Act, nothing in this Act shall alter any 
     property right or obligation, any contractual right or 
     obligation, or any obligation for taxes levied.

     SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

       (a) Lands To Be Taken in Trust.--Upon application by the 
     Tribe, the Secretary shall accept into trust for the benefit 
     of the Tribe any real property located in Marin or Sonoma 
     County, California, for the benefit of the Tribe after the 
     property is conveyed or otherwise transferred to the 
     Secretary and if, at the time of such conveyance or transfer, 
     there are no adverse legal claims to such property, including 
     outstanding liens, mortgages, or taxes.
       (b) Former Trust Lands of the Graton Rancheria.--Subject to 
     the conditions specified in this section, real property 
     eligible for trust status under this section shall include 
     Indian owned fee land held by persons listed as distributees 
     or dependent members in the distribution plan approved by the 
     Secretary on September 17, 1959, or such distributees' or 
     dependent members' Indian heirs or successors in interest.
       (c) Lands To Be Part of Reservation.--Any real property 
     taken into trust for the benefit of the Tribe pursuant to 
     this Act shall be part of the Tribe's reservation.
       (d) Gaming Restricted.--Notwithstanding subsection (c), 
     real property taken into trust for the benefit of the Tribe 
     pursuant to this Act shall not be exempt under section 20(b) 
     of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)).
       (e) Lands To Be Nontaxable.--Any real property taken into 
     trust for the benefit of the Tribe pursuant to this section 
     shall be exempt from all local, State, and Federal taxation 
     as of the date that such land is transferred to the 
     Secretary.

     SEC. 6. MEMBERSHIP ROLLS.

       (a) Compilation of Tribal Membership Roll.--Not later than 
     1 year after the date of the enactment of this Act, the 
     Secretary shall, after consultation with the Tribe, compile a 
     membership roll of the Tribe.
       (b) Criteria for Membership.--
       (1) Until a tribal constitution is adopted under section 8, 
     an individual shall be placed on the Graton membership roll 
     if such individual is living, is not an enrolled member of 
     another federally recognized Indian tribe, and if--
       (A) such individual's name was listed on the Graton Indian 
     Rancheria distribution list compiled by the Bureau of Indian 
     Affairs and approved by the Secretary of the Interior on 
     September 17, 1959, under Public Law 85-671;
       (B) such individual was not listed on the Graton Indian 
     Rancheria distribution list, but met the requirements that 
     had to be met to be listed on the Graton Indian Rancheria 
     distribution list;
       (C) such individual is identified as an Indian from the 
     Graton, Marshall, Bodega, Tomales, or Sebastopol, California, 
     vicinities, in documents prepared by or at the direction of 
     the Bureau of Indian Affairs, or in any other public or 
     California mission records; or
       (D) such individual is a lineal descendant of an 
     individual, living or dead, identified in subparagraph (A), 
     (B), or (C).
       (2) After adoption of a tribal constitution under section 
     8, such tribal constitution shall govern membership in the 
     Tribe.
       (c) Conclusive Proof of Graton Indian Ancestry.--For the 
     purpose of subsection (b), the Secretary shall accept any 
     available evidence establishing Graton Indian ancestry. The 
     Secretary shall accept as conclusive evidence of Graton 
     Indian ancestry information contained in the census of the 
     Indians from the Graton, Marshall, Bodega, Tomales, or 
     Sebastopol, California, vicinities, prepared by or at the 
     direction of Special Indian Agent John J. Terrell in any 
     other roll or census of Graton Indians prepared by or at the 
     direction of the Bureau of Indian Affairs and in the Graton 
     Indian Rancheria distribution list compiled by the Bureau of 
     Indian Affairs and approved by the Secretary on September 17, 
     1959.

     SEC. 7. INTERIM GOVERNMENT.

       Until the Tribe ratifies a final constitution consistent 
     with section 8, the Tribe's governing body shall be an 
     Interim Tribal Council. The initial membership of the Interim 
     Tribal Council shall consist of the members serving on the 
     date of enactment of this Act, who have been elected under 
     the tribal constitution adopted May 3, 1997. The Interim 
     Tribal Council shall continue to operate in the manner 
     prescribed under such tribal constitution. Any vacancy on the 
     Interim Tribal Council shall be filled by individuals who 
     meet the membership criteria set forth in section 6(b) and 
     who are elected in the same manner as are Tribal Council 
     members under the tribal constitution adopted May 3, 1997.

     SEC. 8. TRIBAL CONSTITUTION.

       (a) Election; Time; Procedure.--After the compilation of 
     the tribal membership roll under section 6(a), upon the 
     written request of the Interim Council, the Secretary shall 
     conduct, by secret ballot, an election for the purpose of 
     ratifying a final constitution for the Tribe. The election 
     shall be held consistent with sections 16(c)(1) and 
     16(c)(2)(A) of the Act of June 18, 1934 (commonly known as 
     the Indian Reorganization Act; 25 U.S.C. 476(c)(1) and 
     476(c)(2)(A), respectively). Absentee voting shall be 
     permitted regardless of voter residence.
       (b) Election of Tribal Officials; Procedures.--Not later 
     than 120 days after the Tribe ratifies a final constitution 
     under subsection (a), the Secretary shall conduct an election 
     by secret ballot for the purpose of electing tribal officials 
     as provided in such tribal constitution. Such election shall 
     be conducted consistent with the procedures specified in 
     subsection (a) except to the extent that such procedures 
     conflict with the tribal constitution.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).


                             General Leave

  Mr. SAXTON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 946.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SAXTON. Madam Speaker, I yield myself such time as I may consume.

[[Page 11271]]

  Madam Speaker, H.R. 946 would restore Federal recognition to the 
Indians of the Graton Rancheria of California. The Graton Rancheria is 
one of over 40 Indian tribes which were terminated in 1958 by Public 
Law 85-671. Today there are approximately 355 members of the Federated 
Indians of Graton Rancheria living in the general vicinity of Santa 
Rosa, California.
  H.R. 946 provides that the service area for the tribe shall be Marin 
and Sonoma Counties, that nothing in the legislation shall expand, 
reduce or affect any hunting, fishing, trapping, gathering or water 
rights of the tribe, that real property eligible for trust status shall 
include certain Indian-owned land, and that the Secretary of the 
Interior shall compile a membership roll of the tribe. This bill also 
provides for an interim tribal council, the election of tribal 
officials, and the ratification of a constitution for the tribe.
  Section 5(d) of H.R. 946 provides that real property taken into trust 
for the benefit of the tribe pursuant to the bill shall not have been 
taken into trust for gaming purposes pursuant to section 20(b) of the 
Indian Gaming Regulatory Act.
  Madam Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Madam Speaker, I yield such time as she may consume 
to the gentlewoman from California (Ms. Woolsey), the sponsor of H.R. 
946.
  Ms. WOOLSEY. Madam Speaker, I am pleased to rise in support of my 
bill, H.R. 946, the Graton Rancheria Restoration Act. I would like to 
thank the gentleman from Alaska (Mr. Young), the gentleman from 
California (Mr. George Miller), and their staffs for the work that they 
have put into bringing this bill to the floor today. I appreciate that 
the full Committee on Resources unanimously voted this bill out of 
committee on May 16, and I thank them all for the earlier hearing where 
the Bureau of Indian Affairs testified in support of the bill. Today I 
am appreciative that H.R. 946 is on this floor.
  The bill before us today seeks to correct a decades-old wrong by 
restoring Federal recognition for the Federated Indians of Graton 
Rancheria. This rancheria is composed primarily of the California Coast 
Miwok and Southern Pomo Indian tribes in my congressional district. My 
district is located north of San Francisco across the Golden Gate 
Bridge, and it consists of Marin and Sonoma Counties.
  Joe Saulque, who chaired the advisory council on California Indians 
in the 1980s, stated that luck often determined whether a tribe got 
recognized. I am glad that today the House is taking luck out of the 
equation and voting on restoring the tribe's status, because it is the 
right thing to do.
  The tribes of the Graton Rancheria are a rich part of the San 
Francisco Bay area's cultural heritage. The earliest historical account 
of the Coast Miwok peoples, whose traditional homelands include the 
California communities of Bodega, Tomales, Marshall, and Sebastopol, 
located along the west coast of my district, dates back to 1579. Today, 
there are almost 400 members of the Federated Indians of Graton 
Rancheria.
  In 1966, the United States Government terminated the tribe's status 
along with numerous other tribes. This was under the California 
Rancheria Act of 1958. Almost 2 decades later, the advisory council on 
California Indian policy was established to study the report and to 
come up with special circumstances facing California tribes whose 
status had been terminated. The council's final report, which was 
submitted to Congress in September 1997, specifically recommended the 
immediate restoration of the Federated Indians of Graton Rancheria.
  Following the report's recommendation, the tribes promptly decided on 
a course of action for their restoration. Since then, I have been 
working with them on the bill that is before us today. This consensus 
bill restores Federal rights and privileges to the tribes and its 
members and makes them eligible for benefits, such as Native American 
health, education, and housing services that are available to federally 
recognized tribes.
  Madam Speaker, it has been a long journey for the Federated Indians 
of Graton Rancheria. On behalf of their hard work and the support they 
have received from the local community, I ask that the House restore 
the recognition they deserve.
  Mrs. CHRISTENSEN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, first I would like to thank the gentleman from Alaska 
(Mr. Young) for his efforts in support of this bill and just to say 
briefly that it is important that we move swiftly to restore the rights 
wrongfully taken from the Federated Indians of Graton Rancheria in 
1958. I urge my colleagues to vote aye on this bill.
  Madam Speaker, I yield back the balance of my time.
  Mr. SAXTON. 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 New Jersey (Mr. Saxton) that the House suspend the rules 
and pass the bill, H.R. 946.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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