IIB 

116TH CONGRESS 

1ST SESSION H. R. 1388 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2019 

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

AN ACT 

To take lands in Sonoma County, California, into trust as 

part of the reservation of the Lytton Rancheria of California, and for other purposes. 

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 ‘‘Lytton Rancheria 

3 Homelands Act of 2019’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The Lytton Rancheria of California is a fed7 erally recognized Indian tribe that lost its homeland 

8 after its relationship to the United States was un9 justly and unlawfully terminated in 1958. The Tribe 

10 was restored to Federal recognition in 1991, but the 

11 conditions of its restoration have prevented it from 

12 regaining a homeland on its original lands. 

13 (2) Congress needs to take action to reverse 

14 historic injustices that befell the Tribe and that have 

15 prevented it from regaining a viable homeland for its 

16 people. 

17 (3) Prior to European contact there were as 

18 many as 350,000 Indians living in what is now the 

19 State of California. By the turn of the 19th century, 

20 that number had been reduced to approximately 

21 15,000 individuals, many of them homeless and liv22 ing in scattered bands and communities. 

23 (4) The Lytton Rancheria’s original homeland 

24 was purchased by the United States in 1926 pursu25 ant to congressional authority designed to remedy 

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1 fornia and provide them with reservations called 

2 Rancherias to be held in trust by the United States. 

3 (5) After the Lytton Rancheria lands were pur4 chased by the United States, the Tribe settled on 

5 the land and sustained itself for several decades by 

6 farming and ranching. 

7 (6) By the mid-1950s, Federal Indian policy 

8 had shifted back towards a policy of terminating the 

9 Federal relationship with Indian tribes. In 1958, 

10 Congress enacted the Rancheria Act of 1958 (72 

11 Stat. 619), which slated 41 Rancherias in California, 

12 including the Lytton Rancheria, for termination 

13 after certain conditions were met. 

14 (7) On August 1, 1961, the Federal Govern15 ment terminated its relationship with the Lytton 

16 Rancheria. This termination was illegal because the 

17 conditions for termination under the Rancheria Act 

18 had never been met. After termination was imple19 mented, the Tribe lost its lands and was left without 

20 any means of supporting itself. 

21 (8) In 1987, the Tribe joined three other tribes 

22 in a lawsuit against the United States challenging 

23 the illegal termination of their Rancherias. A Stipu24 lated Judgment in the case, Scotts Valley Band of 

25 Pomo Indians of the Sugar Bowl Rancheria v. 


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1 United States, No. C–86–3660 (N.D.Cal. March 22, 

2 1991), restored the Lytton Rancheria to its status 

3 as a federally recognized Indian tribe. 

4 (9) The Stipulated Judgment provides that the 

5 Lytton Rancheria would have the ‘‘individual and 

6 collective status and rights’’ which it had prior to its 

7 termination and expressly contemplated the acquisi8 tion of trust lands for the Lytton Rancheria. 

9 (10) The Stipulated Judgment contains provi10 sions, included at the request of the local county 

11 governments and neighboring landowners, that pro12 hibit the Lytton Rancheria from exercising its full 

13 Federal rights on its original homeland in the Alex14 ander Valley. 

15 (11) In 2000, approximately 9.5 acres of land 

16 in San Pablo, California, was placed in trust status 

17 for the Lytton Rancheria for economic development 

18 purposes. 

19 (12) The Tribe has since acquired, from willing 

20 sellers at fair market value, property in Sonoma 

21 County near the Tribe’s historic Rancheria. This 

22 property, which the Tribe holds in fee status, is suit23 able for a new homeland for the Tribe. 

24 (13) On a portion of the land to be taken into 

25 trust, which portion totals approximately 124.12 


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1 acres, the Tribe plans to build housing for its mem2 bers and governmental and community facilities. 

3 (14) A portion of the land to be taken into 

4 trust is being used for viniculture, and the Tribe in5 tends to develop more of the lands to be taken into 

6 trust for viniculture. The Tribe’s investment in the 

7 ongoing viniculture operation has reinvigorated the 

8 vineyards, which are producing high-quality wines. 

9 The Tribe is operating its vineyards on a sustainable 

10 basis and is working toward certification of sustain11 ability. 

12 (15) No gaming shall be conducted on the lands 

13 to be taken into trust by this Act. 

14 (16) No gaming shall be conducted on any 

15 lands taken into trust on behalf of the Tribe in 

16 Sonoma County after the date of the enactment of 

17 this Act. 

18 (17) By directing that these lands be taken into 

19 trust, the United States will ensure that the Lytton 

20 Rancheria will finally have a permanently protected 

21 homeland on which the Tribe can once again live 

22 communally and plan for future generations. This 

23 action is necessary to fully restore the Tribe to the 

24 status it had before it was wrongfully terminated in 

25 1961. 


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1 (18) The Tribe and County of Sonoma have en2 tered into a Memorandum of Agreement as amended 

3 in 2018 in which the County agrees to the lands in 

4 the County being taken into trust for the benefit of 

5 the Tribe in consideration for commitments made by 

6 the Tribe. 

7 SEC. 3. DEFINITIONS. 

8 For the purpose of this Act, the following definitions 

9 apply: 

10 (1) COUNTY.—The term ‘‘County’’ means 

11 Sonoma County, California. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (3) TRIBE.—The term ‘‘Tribe’’ means the 

15 Lytton Rancheria of California. 

16 SEC. 4. LANDS TO BE TAKEN INTO TRUST. 

17 (a) IN GENERAL.—The land owned by the Tribe and 

18 generally depicted on the map titled ‘‘Lytton Fee Owned 

19 Property to be Taken into Trust’’ and dated May 1, 2015, 

20 is hereby taken into trust for the benefit of the Tribe, sub21 ject to valid existing rights, contracts, and management 

22 agreements related to easements and rights-of-way. 

23 (b) LANDS TO BE MADE PART OF THE RESERVA24 TION.—Lands taken into trust under subsection (a) shall 

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1 tered in accordance with the laws and regulations gen2 erally applicable to property held in trust by the United 

3 States for an Indian tribe. 

4 SEC. 5. GAMING. 

5 (a) LANDS TAKEN INTO TRUST UNDER THIS ACT.— 

6 Lands taken into trust for the benefit of the Tribe under 

7 section 4 shall not be eligible for gaming under the Indian 

8 Gaming Regulatory Act (25 U.S.C. 2701 et seq.). 

9 (b) OTHER LANDS TAKEN INTO TRUST.—Lands 

10 taken into trust for the benefit of the Tribe in Sonoma 

11 County after the date of the enactment of this Act shall 

12 not be eligible for gaming under the Indian Gaming Regu13 latory Act (25 U.S.C. 2710 et seq.). 

14 SEC. 6. APPLICABILITY OF CERTAIN LAW. 

15 Notwithstanding any other provision of law, the 

16 Memorandum of Agreement entered into by the Tribe and 

17 the County concerning taking land in the County into 

18 trust for the benefit of the Tribe, which was approved by 

19 the County Board of Supervisors on March 10, 2015, and 

20 any addenda and supplement or amendment thereto, is 

21 not subject to review or approval of the Secretary in order 


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1 to be effective, including review or approval under section 

2 2103 of the Revised Statutes (25 U.S.C. 81). 

Passed the House of Representatives March 26, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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