[Senate Report 110-208]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 452
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-208

======================================================================

 
 TO AMEND THE OMNIBUS INDIAN ADVANCEMENT ACT TO MODIFY THE DATE AS OF 
  WHICH CERTAIN TRIBAL LAND OF THE LYTTON RANCHERIA OF CALIFORNIA IS 
 DEEMED TO BE HELD IN TRUST AND TO PROVIDE FOR THE CONDUCT OF CERTAIN 
                         ACTIVITIES ON THE LAND

                                _______
                                

                October 26, 2007.--Ordered to be printed

                                _______
                                

    Mr. Dorgan, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1347]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1347) to amend the Omnibus Indian Advancement Act to 
modify the date as of which certain tribal land of the Lytton 
Rancheria of California is deemed to be held in trust and to 
provide for the conduct of certain activities on the land, 
having considered the same, reports favorably thereon and 
recommends that the bill do pass.

                                Purpose

    The purpose of S. 1347 is to require the Lytton Rancheria 
of California to go through the administrative process set 
forth in the Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 
et. seq. (``IGRA''), before engaging in class III gaming on 
land acquired in trust for the Lytton Rancheria of California 
in the City of San Pablo, California pursuant to Public Law 
106-568.

                               Background


                        A. THE LYTTON RANCHERIA

    The Lytton Rancheria of California is a federally 
recognized Indian tribe. During the termination policy era of 
the 1950's, Congress attempted to terminate its federal trust 
relationship with the Lytton Rancheria of California and 
transferred title to the Tribe's land to individual tribal 
members. Subsequently, the land was conveyed to non-Indians.
    In the 1980's, the Lytton Rancheria of California joined a 
lawsuit against the Bureau of Indian Affairs challenging its 
termination. Finding that the government did not meet the 
conditions called for in the termination statute to make 
termination effective, a federal court approved a settlement of 
the case in 1991.
    The settlement restored the Lytton Rancheria of California 
to its pre-termination status, but failed to return the Tribe's 
original lands or give the Tribe any other land. The settlement 
also required that any gaming the Lytton Rancheria of 
California conducted in the area around their original 
Rancheria be in conformance with the Sonoma County general plan 
for land use.

                   B. PUBLIC LAW 106-568, SECTION 819

    The Sonoma County general plan for land use prohibited the 
Lytton Rancheria of California from conducting gaming in the 
area of the Tribe's original reservation. Thus, the Tribe 
sought land elsewhere for the development of a gaming facility. 
The Tribe acquired an existing card room and the nine and one-
half acre property it was located on, in the City of San Pablo, 
California, twenty miles from the city of San Francisco. Since 
acquiring the land, the Tribe has significantly remodeled the 
card room into a gaming facility at which the Tribe conducts 
class II gaming activities. Elected officials in the City of 
San Pablo supported and continue to support, the Tribe's gaming 
facility.
    In 2000, a provision sought by Congressman George Miller, 
whose district includes the city of San Pablo, was included in 
the Omnibus Indian Advancement Act of 2000 (P.L. 106-568). The 
provision directed the Secretary of the Interior to take the 
land acquired by the Lytton Rancheria of California in the city 
of San Pablo into trust, and deem the land to have been held in 
trust prior to October 17, 1988 (the date IGRA was enacted). 
IGRA restricts gaming on lands acquired after October 17, 1988.

                          Legislative History

    S. 1347 was introduced on May 9, 2007 by Senator Feinstein 
and was referred to the Committee on Indian Affairs. On 
September 27, 2007, the Committee held an open business meeting 
at which it voted to favorably report S. 1347 to the full 
Senate with a recommendation that the bill do pass.

            Committee Recommendation and Tabulation of Vote

    On September 27, 2007, the Committee on Indian Affairs 
convened a business meeting to consider S. 1347 and other 
measures, and voted to have the bill favorably reported to the 
full Senate, without amendment, with recommendation that the 
bill do pass.

                      Summary of Major Provisions

    S. 1347 would modify the date when certain tribal lands of 
the Lytton Rancheria of California were deemed to have been 
taken into trust status. The bill amends the statutory language 
contained in the Omnibus Indian Advancement Act of 2000, which 
deemed that certain lands of the Lytton Rancheria of California 
were held in trust and part of the reservation prior to the 
adoption of the Indian Gaming Regulatory Act (IGRA) in 1988.
    S. 1347 amends this language to state that for class II 
gaming purposes, the land owned by the Tribe in San Pablo is 
deemed to be held in trust prior to October 17, 1988. 
Accordingly, with this new designation, the Tribe does not have 
to go through the administrative process to have lands taken 
into trust in order to conduct class II gaming on the land 
pursuant to IGRA.
    However, S. 1347 states that for class III gaming purposes, 
the land owned by the Tribe in San Pablo is deemed to have been 
acquired by the Tribe on October 9, 2003. Therefore, the Tribe 
would have to go through the administrative process pursuant to 
IGRA before it could conduct class III gaming on its lands. 
This is because the land would be deemed to have been acquired 
after the enactment of IGRA.
    Thus, S. 1347 would allow the Tribe to continue class II 
gaming on its lands in San Pablo, but require the Tribe to go 
through the administrative process required by IGRA before it 
could conduct class III gaming on the lands.
    S. 1347 also prohibits the expansion of the exterior 
physical measurements of any facility on the Lytton Rancheria 
in use for class II gaming activities on the date of enactment 
of this paragraph.
    S. 1347 is only applicable to certain lands held in trust 
by the Lytton Rancheria of California and has no impact on 
other lands owned by the Tribe or lands owned by other Indian 
tribes.

                   Cost and Budgetary Considerations

    The following cost estimate, as provided by the 
Congressional Budget Office, dated October 11, 2007, was 
prepared for S. 1347:

S. 1347--A bill to amend the Omnibus Indian Advancement Act to modify 
        the date as of which certain tribal land of the Lytton 
        Rancheria of California is deemed to be held in trust and to 
        provide for the conduct of certain activities on the land

    This bill would amend the Omnibus Indian Advancement Act 
(Public Law 106-568) that ordered the Department of the 
Interior (DOI) to take land into trust for the Lytton Rancheria 
of California. That legislation contained a provision that 
deemed the trust status of that land to be retroactive, 
effectively permitting the tribe to install electronic bingo 
machines or slot machines without meeting the conditions 
imposed by section 20 of the Indian Gaming Regulatory Act 
(IGRA). Section 20 requires additional regulatory review and 
approval by DOI and the appropriate governor as well as 
consultation with local communities. S. 1347 would delete that 
provision of the 2000 act, authorize certain gaming activities 
on the trust land, restrict the tribe's ability to expand the 
current facility, and make the tribe subject to section 20 of 
IGRA if it chooses to pursue other types of gambling.
    Based on information from DOI and the National Indian 
Gaming Commission, CBO estimates that implementing S. 1347 
would have no significant impact on the federal budget. 
Enacting the bill would not affect revenues or direct spending.
    S. 1347 contains an intergovernmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would make 
the Lytton Band of Indians subject to additional requirements 
under federal law in order to have certain gaming activities on 
tribal trust lands. However, based on information from tribal 
representatives, CBO expects that the costs to comply with that 
mandate, if any, would be small and would not exceed the 
threshold established in UMRA ($64 million in 2007, adjusted 
annually for inflation).
    By making the Lytton Rancheria land subject to section 20 
of IGRA, this bill would significantly affect the Rancheria's 
gaming operations only if the tribe intended to expand its 
current facility or pursue other types of gambling on the trust 
land. Tribal representatives indicate, however, that they 
currently have no such plans to expand or pursue new 
operations. If S. 1347 is enacted, the tribe would be allowed 
to continue operating its existing facility; thus, it would not 
lose revenue as a result of the mandates contained in this 
bill.
    The bill contains no new private-sector mandates as defined 
in UMRA.
    The CBO staff contacts for this estimate are Matthew 
Pickford (for federal costs), and Melissa Merrell (for the 
impact on state, local, and tribal governments). This estimate 
was approved by Theresa Gullo, Deputy Assistant Director for 
Budget Analysis.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 1347.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill evaluate 
the regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee has concluded that the 
regulatory and paperwork impacts of S. 1347 should be de 
minimis.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1347, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new language to be added in italic, existing law to 
which no change is proposed is shown in roman):

OMNIBUS INDIAN ADVANCEMENT ACT

           *       *       *       *       *       *       *



SEC. 819. LAND TO BE TAKEN INTO TRUST.

    [Notwithstanding] (a) Acceptance of Land._Notwithstanding 
any other provision of law, the Secretary of the Interior shall 
accept for the benefit of the Lytton Rancheria of California 
the land described in that certain grant deed dated and 
recorded on October 16, 2000, in the official records of the 
County of Contra Costs, California, Deed Instrument Number 
2000-229754.
    [The Secretary] (b) Declaration._The Secretary shall 
declare that such land is held in trust by the United States 
for the benefit of the Rancheria and that such land is part of 
the reservation of such Rancheria under sections 5 and 7 of the 
Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 467).
    [Such land shall be deemed to have been held in trust and 
part of the reservation of the Rancheria prior to October 17, 
1988.]
    (c) Treatment of Land for Purposes of Class II Gaming.--
          (1) In general.--Subject to paragraph (2), 
        notwithstanding any other provision of law, the Lytton 
        Rancheria of California may conduct activities for 
        class II gaming (as defined in section 4 of the Indian 
        Gaming Regulatory Act (25 U.S.C. Sec. 2703) on the land 
        taken into trust under this section.
          (2) Requirement.--The Lytton Rancheria of California 
        shall not expand the exterior physical measurements of 
        any facility on the Lytton Rancheria in use for class 
        II gaming activities on the date of enactment of this 
        paragraph.
    (d) Treatment of Land for Purposes of Class III Gaming.--
Notwithstanding subsection (a), for purposes of class III 
gaming (as defined in section 4 of the Indian Gaming Regulatory 
Act (25 U.S.C. Sec. 2703)), the land taken into trust under 
this section shall be treated, for purposes of section 20 of 
the Indian Gaming Regulatory Act (25 U.S.C. Sec. 2719), as if 
the land was acquired on October 9, 2003, the date on which the 
Secretary took the land into trust.

                                  
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