IIB

106TH CONGRESS

2D SESSION H. R. 946

IN THE SENATE OF THE UNITED STATES

JUNE 20, 2000

Received; read twice and referred to the Committee on Indian Affairs

Relations

AN ACT

To restore Federal recognition to the Indians of the Graton

Rancheria of California.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Graton Rancheria Res3 toration Act’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) In their 1997 Report to Congress, the Advi7 sory Council on California Indian Policy specifically

8 recommended the immediate legislative restoration

9 of the Graton Rancheria.

10 (2) The Federated Indians of Graton Rancheria

11 Tribal Council has made the express decision to re12 strict gaming consistent with the provisions of this

13 Act.

14 SEC. 3. DEFINITIONS.

15 For purposes of this Act:

16 (1) The term ‘‘Tribe’’ means the Indians of the

17 Graton Rancheria of California.

18 (2) The term ‘‘Secretary’’ means the Secretary

19 of the Interior.

20 (3) The term ‘‘Interim Tribal Council’’ means

21 the governing body of the Tribe specified in section

22 7.

23 (4) The term ‘‘member’’ means an individual

24 who meets the membership criteria under section

25 6(b).
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1 (5) The term ‘‘State’’ means the State of Cali2 fornia.

3 (6) The term ‘‘reservation’’ means those lands

4 acquired and held in trust by the Secretary for the

5 benefit of the Tribe.

6 (7) The term ‘‘service area’’ means the counties

7 of Marin and Sonoma, in the State of California.

8 SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS,

9 AND PRIVILEGES.

10 (a) FEDERAL RECOGNITION.—Federal recognition is

11 hereby restored to the Tribe. Except as otherwise provided

12 in this Act, all laws and regulations of general application

13 to Indians and nations, tribes, or bands of Indians that

14 are not inconsistent with any specific provision of this Act

15 shall be applicable to the Tribe and its members.

16 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—

17 Except as provided in subsection (d), all rights and privi18 leges of the Tribe and its members under any Federal

19 treaty, Executive order, agreement, or statute, or under

20 any other authority which were diminished or lost under

21 the Act of August 18, 1958 (Public Law 85–671; 72 Stat.

22 619), are hereby restored, and the provisions of such Act

23 shall be inapplicable to the Tribe and its members after

24 the date of the enactment of this Act.

25 (c) FEDERAL SERVICES AND BENEFITS.—
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1 (1) IN GENERAL.—Without regard to the exist2 ence of a reservation, the Tribe and its members

3 shall be eligible, on and after the date of the enact4 ment of this Act for all Federal services and benefits

5 furnished to federally recognized Indian tribes or

6 their members. For the purposes of Federal services

7 and benefits available to members of federally recog8 nized Indian tribes residing on a reservation, mem9 bers of the Tribe residing in the Tribe’s service area

10 shall be deemed to be residing on a reservation.

11 (2) RELATION TO OTHER LAWS.—The eligibility

12 for or receipt of services and benefits under para13 graph (1) by a tribe or individual shall not be con14 sidered as income, resources, or otherwise when de15 termining the eligibility for or computation of any

16 payment or other benefit to such tribe, individual, or

17 household under—

18 (A) any financial aid program of the

19 United States, including grants and contracts

20 subject to the Indian Self-Determination Act; or

21 (B) any other benefit to which such tribe,

22 household, or individual would otherwise be en23 titled under any Federal or federally assisted

24 program.
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1 (d) HUNTING, FISHING, TRAPPING, GATHERING,

2 AND WATER RIGHTS.—Nothing in this Act shall expand,

3 reduce, or affect in any manner any hunting, fishing, trap4 ping, gathering, or water rights of the Tribe and its mem5 bers.

6 (e) CERTAIN RIGHTS NOT ALTERED.—Except as

7 specifically provided in this Act, nothing in this Act shall

8 alter any property right or obligation, any contractual

9 right or obligation, or any obligation for taxes levied.

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

11 (a) LANDS TO BE TAKEN IN TRUST.—Upon applica12 tion by the Tribe, the Secretary shall accept into trust for

13 the benefit of the Tribe any real property located in Marin

14 or Sonoma County, California, for the benefit of the Tribe

15 after the property is conveyed or otherwise transferred to

16 the Secretary and if, at the time of such conveyance or

17 transfer, there are no adverse legal claims to such prop18 erty, including outstanding liens, mortgages, or taxes.

19 (b) FORMER TRUST LANDS OF THE GRATON

20 RANCHERIA.—Subject to the conditions specified in this

21 section, real property eligible for trust status under this

22 section shall include Indian owned fee land held by persons

23 listed as distributees or dependent members in the dis24 tribution plan approved by the Secretary on September 17,
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1 1959, or such distributees’ or dependent members’ Indian

2 heirs or successors in interest.

3 (c) LANDS TO BE PART OF RESERVATION.—Any

4 real property taken into trust for the benefit of the Tribe

5 pursuant to this Act shall be part of the Tribe’s reserva6 tion.

7 (d) GAMING RESTRICTED.—Notwithstanding sub8 section (c), real property taken into trust for the benefit

9 of the Tribe pursuant to this Act shall not be exempt

10 under section 20(b) of the Indian Gaming Regulatory Act

11 (25 U.S.C. 2719(b)).

12 (e) LANDS TO BE NONTAXABLE.—Any real property

13 taken into trust for the benefit of the Tribe pursuant to

14 this section shall be exempt from all local, State, and Fed15 eral taxation as of the date that such land is transferred

16 to the Secretary.

17 SEC. 6. MEMBERSHIP ROLLS.

18 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

19 Not later than 1 year after the date of the enactment of

20 this Act, the Secretary shall, after consultation with the

21 Tribe, compile a membership roll of the Tribe.

22 (b) CRITERIA FOR MEMBERSHIP.—

23 (1) Until a tribal constitution is adopted under

24 section 8, an individual shall be placed on the

25 Graton membership roll if such individual is living,
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1 is not an enrolled member of another federally rec2 ognized Indian tribe, and if—

3 (A) such individual’s name was listed on

4 the Graton Indian Rancheria distribution list

5 compiled by the Bureau of Indian Affairs and

6 approved by the Secretary of the Interior on

7 September 17, 1959, under Public Law 85–

8 671;

9 (B) such individual was not listed on the

10 Graton Indian Rancheria distribution list, but

11 met the requirements that had to be met to be

12 listed on the Graton Indian Rancheria distribu13 tion list;

14 (C) such individual is identified as an In15 dian from the Graton, Marshall, Bodega,

16 Tomales, or Sebastopol, California, vicinities, in

17 documents prepared by or at the direction of

18 the Bureau of Indian Affairs, or in any other

19 public or California mission records; or

20 (D) such individual is a lineal descendant

21 of an individual, living or dead, identified in

22 subparagraph (A), (B), or (C).

23 (2) After adoption of a tribal constitution under

24 section 8, such tribal constitution shall govern mem25 bership in the Tribe.
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1 (c) CONCLUSIVE PROOF OF GRATON INDIAN ANCES2 TRY.—For the purpose of subsection (b), the Secretary

3 shall accept any available evidence establishing Graton In4 dian ancestry. The Secretary shall accept as conclusive

5 evidence of Graton Indian ancestry information contained

6 in the census of the Indians from the Graton, Marshall,

7 Bodega, Tomales, or Sebastopol, California, vicinities, pre8 pared by or at the direction of Special Indian Agent John

9 J. Terrell in any other roll or census of Graton Indians

10 prepared by or at the direction of the Bureau of Indian

11 Affairs and in the Graton Indian Rancheria distribution

12 list compiled by the Bureau of Indian Affairs and ap13 proved by the Secretary on September 17, 1959.

14 SEC. 7. INTERIM GOVERNMENT.

15 Until the Tribe ratifies a final constitution consistent

16 with section 8, the Tribe’s governing body shall be an In17 terim Tribal Council. The initial membership of the In18 terim Tribal Council shall consist of the members serving

19 on the date of the enactment of this Act, who have been

20 elected under the tribal constitution adopted May 3, 1997.

21 The Interim Tribal Council shall continue to operate in

22 the manner prescribed under such tribal constitution. Any

23 vacancy on the Interim Tribal Council shall be filled by

24 individuals who meet the membership criteria set forth in

25 section 6(b) and who are elected in the same manner as
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1 are Tribal Council members under the tribal constitution

2 adopted May 3, 1997.

3 SEC. 8. TRIBAL CONSTITUTION.

4 (a) ELECTION; TIME; PROCEDURE.—After the com5 pilation of the tribal membership roll under section 6(a),

6 upon the written request of the Interim Council, the Sec7 retary shall conduct, by secret ballot, an election for the

8 purpose of ratifying a final constitution for the Tribe. The

9 election shall be held consistent with sections 16(c)(1) and

10 16(c)(2)(A) of the Act of June 18, 1934 (commonly

11 known as the Indian Reorganization Act; 25 U.S.C.

12 476(c)(1) and 476(c)(2)(A), respectively). Absentee voting

13 shall be permitted regardless of voter residence.

14 (b) ELECTION OF TRIBAL OFFICIALS; PROCE15 DURES.—Not later than 120 days after the Tribe ratifies

16 a final constitution under subsection (a), the Secretary

17 shall conduct an election by secret ballot for the purpose

18 of electing tribal officials as provided in such tribal con19 stitution. Such election shall be conducted consistent with

20 the procedures specified in subsection (a) except to the

21 extent that such procedures conflict with the tribal con22 stitution.

Passed the House of Representatives June 19, 2000.

Attest: JEFF TRANDAHL,

Clerk.