I 

116TH CONGRESS 

1ST SESSION H. R. 1388 

To take lands in Sonoma County, California, into trust as part of the 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2019 

Mr. HUFFMAN introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

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: 

8 (1) The Lytton Rancheria of California is a fed9 erally recognized Indian tribe that lost its homeland 

10 after its relationship to the United States was unVerDate Sep 11 2014 00:29 Mar 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1388.IH H1388

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1 justly and unlawfully terminated in 1958. The Tribe 

2 was restored to Federal recognition in 1991, but the 

3 conditions of its restoration have prevented it from 

4 regaining a homeland on its original lands. 

5 (2) Congress needs to take action to reverse 

6 historic injustices that befell the Tribe and that have 

7 prevented it from regaining a viable homeland for its 

8 people. 

9 (3) Prior to European contact there were as 

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

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

12 that number had been reduced to approximately 

13 15,000 individuals, many of them homeless and liv14 ing in scattered bands and communities. 

15 (4) The Lytton Rancheria’s original homeland 

16 was purchased by the United States in 1926 pursu17 ant to congressional authority designed to remedy 

18 the unique tragedy that befell the Indians of Cali19 fornia and provide them with reservations called 

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

21 (5) After the Lytton Rancheria lands were pur22 chased by the United States, the Tribe settled on 

23 the land and sustained itself for several decades by 

24 farming and ranching. 


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

2 had shifted back towards a policy of terminating the 

3 Federal relationship with Indian tribes. In 1958, 

4 Congress enacted the Rancheria Act of 1958 (72 

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

6 including the Lytton Rancheria, for termination 

7 after certain conditions were met. 

8 (7) On August 1, 1961, the Federal Govern9 ment terminated its relationship with the Lytton 

10 Rancheria. This termination was illegal because the 

11 conditions for termination under the Rancheria Act 

12 had never been met. After termination was imple13 mented, the Tribe lost its lands and was left without 

14 any means of supporting itself. 

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

16 in a lawsuit against the United States challenging 

17 the illegal termination of their Rancherias. A Stipu18 lated Judgment in the case, Scotts Valley Band of 

19 Pomo Indians of the Sugar Bowl Rancheria v. 

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

21 1991), restored the Lytton Rancheria to its status 

22 as a federally recognized Indian tribe. 

23 (9) The Stipulated Judgment provides that the 

24 Lytton Rancheria would have the ‘‘individual and 

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


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1 termination and expressly contemplated the acquisi2 tion of trust lands for the Lytton Rancheria. 

3 (10) The Stipulated Judgment contains provi4 sions, included at the request of the local county 

5 governments and neighboring landowners, that pro6 hibit the Lytton Rancheria from exercising its full 

7 Federal rights on its original homeland in the Alex8 ander Valley. 

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

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

11 for the Lytton Rancheria for economic development 

12 purposes. 

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

14 sellers at fair market value, property in Sonoma 

15 County near the Tribe’s historic Rancheria. This 

16 property, which the Tribe holds in fee status, is suit17 able for a new homeland for the Tribe. 

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

19 trust, which portion totals approximately 124.12 

20 acres, the Tribe plans to build housing for its mem21 bers and governmental and community facilities. 

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

23 trust is being used for viniculture, and the Tribe in24 tends to develop more of the lands to be taken into 

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


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1 ongoing viniculture operation has reinvigorated the 

2 vineyards, which are producing high-quality wines. 

3 The Tribe is operating its vineyards on a sustainable 

4 basis and is working toward certification of sustain5 ability. 

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

7 to be taken into trust by this Act. 

8 (16) No gaming shall be conducted on any 

9 lands taken into trust on behalf of the Tribe in 

10 Sonoma County after the date of the enactment of 

11 this Act. 

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

13 trust, the United States will ensure that the Lytton 

14 Rancheria will finally have a permanently protected 

15 homeland on which the Tribe can once again live 

16 communally and plan for future generations. This 

17 action is necessary to fully restore the Tribe to the 

18 status it had before it was wrongfully terminated in 

19 1961. 

20 (18) The Tribe and County of Sonoma have en21 tered into a Memorandum of Agreement as amended 

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

23 the County being taken into trust for the benefit of 

24 the Tribe in consideration for commitments made by 

25 the Tribe. 


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1 SEC. 3. DEFINITIONS. 

2 For the purpose of this Act, the following definitions 

3 apply: 

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

5 Sonoma County, California. 

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

7 the Secretary of the Interior. 

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

9 Lytton Rancheria of California. 

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

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

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

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

14 is hereby taken into trust for the benefit of the Tribe, sub15 ject to valid existing rights, contracts, and management 

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

17 (b) LANDS TO BE MADE PART OF THE RESERVA18 TION.—Lands taken into trust under subsection (a) shall 

19 be part of the Tribe’s reservation and shall be adminis20 tered in accordance with the laws and regulations gen21 erally applicable to property held in trust by the United 

22 States for an Indian tribe. 

23 SEC. 5. GAMING. 

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

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


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

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

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

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

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

6 not be eligible for gaming under the Indian Gaming Regu7 latory Act (25 U.S.C. 2710 et seq.). 

8 SEC. 6. APPLICABILITY OF CERTAIN LAW. 

9 Notwithstanding any other provision of law, the 

10 Memorandum of Agreement entered into by the Tribe and 

11 the County concerning taking land in the County into 

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

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

14 any addenda and supplement or amendment thereto, is 

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

16 to be effective, including review or approval under section 

17 2103 of the Revised Statutes (25 U.S.C. 81). 

Æ 


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