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Calendar No. 166 

116TH CONGRESS 

1ST SESSION H. R. 1388 

[Report No. 116–67] 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2019 

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

JULY 29, 2019 

Reported by Mr. HOEVEN, without amendment 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lytton Rancheria 

5 Homelands Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Lytton Rancheria of California is a fed2 erally recognized Indian tribe that lost its homeland 

3 after its relationship to the United States was un4 justly and unlawfully terminated in 1958. The Tribe 

5 was restored to Federal recognition in 1991, but the 

6 conditions of its restoration have prevented it from 

7 regaining a homeland on its original lands. 

8 (2) Congress needs to take action to reverse 

9 historic injustices that befell the Tribe and that have 

10 prevented it from regaining a viable homeland for its 

11 people. 

12 (3) Prior to European contact there were as 

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

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

15 that number had been reduced to approximately 

16 15,000 individuals, many of them homeless and liv17 ing in scattered bands and communities. 

18 (4) The Lytton Rancheria’s original homeland 

19 was purchased by the United States in 1926 pursu20 ant to congressional authority designed to remedy 

21 the unique tragedy that befell the Indians of Cali22 fornia and provide them with reservations called 

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

24 (5) After the Lytton Rancheria lands were pur25 chased by the United States, the Tribe settled on 


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1 the land and sustained itself for several decades by 

2 farming and ranching. 

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

4 had shifted back towards a policy of terminating the 

5 Federal relationship with Indian tribes. In 1958, 

6 Congress enacted the Rancheria Act of 1958 (72 

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

8 including the Lytton Rancheria, for termination 

9 after certain conditions were met. 

10 (7) On August 1, 1961, the Federal Govern11 ment terminated its relationship with the Lytton 

12 Rancheria. This termination was illegal because the 

13 conditions for termination under the Rancheria Act 

14 had never been met. After termination was imple15 mented, the Tribe lost its lands and was left without 

16 any means of supporting itself. 

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

18 in a lawsuit against the United States challenging 

19 the illegal termination of their Rancherias. A Stipu20 lated Judgment in the case, Scotts Valley Band of 

21 Pomo Indians of the Sugar Bowl Rancheria v. 

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

23 1991), restored the Lytton Rancheria to its status 

24 as a federally recognized Indian tribe. 


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1 (9) The Stipulated Judgment provides that the 

2 Lytton Rancheria would have the ‘‘individual and 

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

4 termination and expressly contemplated the acquisi5 tion of trust lands for the Lytton Rancheria. 

6 (10) The Stipulated Judgment contains provi7 sions, included at the request of the local county 

8 governments and neighboring landowners, that pro9 hibit the Lytton Rancheria from exercising its full 

10 Federal rights on its original homeland in the Alex11 ander Valley. 

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

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

14 for the Lytton Rancheria for economic development 

15 purposes. 

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

17 sellers at fair market value, property in Sonoma 

18 County near the Tribe’s historic Rancheria. This 

19 property, which the Tribe holds in fee status, is suit20 able for a new homeland for the Tribe. 

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

22 trust, which portion totals approximately 124.12 

23 acres, the Tribe plans to build housing for its mem24 bers and governmental and community facilities. 


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

2 trust is being used for viniculture, and the Tribe in3 tends to develop more of the lands to be taken into 

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

5 ongoing viniculture operation has reinvigorated the 

6 vineyards, which are producing high-quality wines. 

7 The Tribe is operating its vineyards on a sustainable 

8 basis and is working toward certification of sustain9 ability. 

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

11 to be taken into trust by this Act. 

12 (16) No gaming shall be conducted on any 

13 lands taken into trust on behalf of the Tribe in 

14 Sonoma County after the date of the enactment of 

15 this Act. 

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

17 trust, the United States will ensure that the Lytton 

18 Rancheria will finally have a permanently protected 

19 homeland on which the Tribe can once again live 

20 communally and plan for future generations. This 

21 action is necessary to fully restore the Tribe to the 

22 status it had before it was wrongfully terminated in 

23 1961. 

24 (18) The Tribe and County of Sonoma have en25 tered into a Memorandum of Agreement as amended 


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

2 the County being taken into trust for the benefit of 

3 the Tribe in consideration for commitments made by 

4 the Tribe. 

5 SEC. 3. DEFINITIONS. 

6 For the purpose of this Act, the following definitions 

7 apply: 

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

9 Sonoma County, California. 

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

11 the Secretary of the Interior. 

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

13 Lytton Rancheria of California. 

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

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

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

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

18 is hereby taken into trust for the benefit of the Tribe, sub19 ject to valid existing rights, contracts, and management 

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

21 (b) LANDS TO BE MADE PART OF THE RESERVA22 TION.—Lands taken into trust under subsection (a) shall 

23 be part of the Tribe’s reservation and shall be adminis24 tered in accordance with the laws and regulations genVerDate Sep 11 2014 22:54 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1388.RS H1388

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1 erally applicable to property held in trust by the United 

2 States for an Indian tribe. 

3 SEC. 5. GAMING. 

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

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

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

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

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

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

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

11 not be eligible for gaming under the Indian Gaming Regu12 latory Act (25 U.S.C. 2710 et seq.). 

13 SEC. 6. APPLICABILITY OF CERTAIN LAW. 

14 Notwithstanding any other provision of law, the 

15 Memorandum of Agreement entered into by the Tribe and 

16 the County concerning taking land in the County into 

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

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

19 any addenda and supplement or amendment thereto, is 

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

21 to be effective, including review or approval under section 

22 2103 of the Revised Statutes (25 U.S.C. 81). 


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Calendar No. 166 

116TH CONGRESS 

1ST SESSION H. R. 1388 

[Report No. 116–67] 

AN ACT 

To take lands in Sonoma County, California, into 

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

JULY 29, 2019 

Reported without amendment 


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