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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6859 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6859

To extend the Federal recognition to the Gabrielino/Tongva Nation, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2023

Ms. Kamlager-Dove introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To extend the Federal recognition to the Gabrielino/Tongva Nation, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gabrielino/Tongva Nation Recognition 
Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Member.--The term ``member'' means an individual who is 
        a citizen of the Tribe pursuant to the Tribe's Constitution, 
        enacted February 17, 2007, and who is enrolled in the Tribe 
        pursuant to section 7 of this Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Gabrielino/Tongva 
        Nation, also known as Gabrielino-Tongva Indian Tribe and the 
        Gabrielino-Tongva Tribe.

SEC. 3. FINDINGS.

     Congress finds the following:
            (1) The traditional homelands of the Gabrielino/Tongva 
        Nation are the Los Angeles Basin and the islands of Santa 
        Catalina, San Nicholas, San Clemente, and Santa Barbara, from 
        Topanga Canyon to Laguna Beach, from the San Gabriel Mountains 
        to the sea. Over 2,000 archaeological sites in the in the Los 
        Angeles County Basin attest to the longevity of Gabrielino/
        Tongva presence in their homelands.
            (2) In 1891, in response to the impoverished conditions 
        experienced by Indian Tribes sent to the California missions, 
        Congress passed the Act of January 12, 1891 (26 Stat. 711) 
        commonly known as the Mission Indian Relief Act, which created 
        a special Indian agency with trust responsibilities over 
        ``Mission Indians'' in California, including the Gabrielino/
        Tongva.
            (3) In 1928, members of the Gabrielino/Tongva community, 
        many of whom were then living in their traditional homelands in 
        the Los Angeles Basin, enrolled during the California Indian 
        census taken pursuant to the Act of May 18, 1928 (45 Stat. 
        602), which identified them as ``Mission San Gabriel'' or 
        ``Gabrielino'' Indians and under the Federal jurisdiction of 
        the Mission Indian Agency in Riverside, California.
            (4) In 1952, a congressional report named the Gabrielino/
        Tongva, known at that time as ``Gabrieleno or San Gabriel 
        Indians,'' as one of the Indian Tribes or bands identified in 
        dealings with the Bureau of Indian Affairs (82d Cong., 2d 
        sess., House, Report No. 2503).
            (5) In 1972, Gabrielino/Tongva people received settlement 
        funds from the judgment of the Indian Claims Commission in 
        Docket 80 and 80-D under the Act of September 21, 1968 (Public 
        Law 90-507; 82 Stat. 860).
            (6) In 1994, the State of California recognized the Tongva 
        in Assembly Joint Resolution 96, chaptered by the California 
        Secretary of State as Resolution chapter 146, Statutes of 1994. 
        The Joint Resolution states that the State of California 
        ``recognizes the Gabrielinos as the aboriginal tribe of the Los 
        Angeles Basin and takes great pride in recognizing the Indian 
        inhabitance of the Los Angeles Basin and the continued 
        existence of the Indian community''.
            (7) In 1999, the Coastal Gabrielino-Diegueno Band of 
        Mission Indians, the legal predecessor to the Gabrielino/Tongva 
        Nation, filed evidence of its members' Gabrielino ancestry with 
        the Bureau of Indian Affairs, using certificates of degree of 
        Indian blood prepared by the Act of September 21, 1968.
            (8) In 2001, the Coastal Gabrielino-Diegueno Band of 
        Mission Indians reorganized, ultimately changing its name to 
        the Gabrielino/Tongva Nation, and opening enrollment to 
        individuals with Gabrielino ancestry certified by the Bureau of 
        Indian Affairs.
            (9) In 2013, the Los Angeles City Council, in Resolution 
        13-1285, declared its support of the Gabrielino/Tongva Nation 
        in its efforts to restore a government-to-government 
        relationship with the United States.
            (10) In 2019, the Superior Court for the County of Los 
        Angeles found that the Gabrielino/Tongva Nation was the legal 
        successor in interest to the Coastal Gabrielino-Diegueno Band 
        of Mission Indians.
            (11) The Gabrielino/Tongva Nation presently has a 
        membership of more than 700 Tribal citizens, all of whom 
        descend from a bona fide Gabrielino/Tongva ancestor enumerated 
        on a California Indian Roll prepared by Bureau of Indian 
        Affairs pursuant to the Act of May 18, 1928, Act of May 24, 
        1950 (64 Stat. 189), and Act of September 21, 1968, and whose 
        ancestors have received Indian services, including education or 
        health care, based upon their status as Indians.

SEC. 4. FEDERAL RECOGNITION.

    (a) In General.--Federal recognition is extended to the Tribe.
    (b) Effect of Federal Laws.--Except as otherwise provided in this 
Act, all Federal laws (including regulations) of general application to 
Indians and Indian Tribes, including the Act of June 18, 1934 (25 
U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization 
Act''), shall apply to the Tribe and each member.

SEC. 5. FEDERAL SERVICES AND BENEFITS.

    (a) In General.--Beginning on the date of enactment of this Act, 
the Tribe and each member shall be eligible for all services and 
benefits provided by the United States to Indians and federally 
recognized Indian Tribes, without regard to--
            (1) the existence of a reservation for the Tribe; or
            (2) the location of the residence of any member on or near 
        an Indian reservation.
    (b) Service Area.--For purposes of the delivery of services and 
benefits to members, and in regard to land and the transfer of land as 
set forth in section 8 of this Act, the service area of the Tribe shall 
be considered to be the area comprised of Los Angeles County, in the 
State of California. Such services and benefits shall be provided 
notwithstanding the establishment of a reservation or acquisition of 
additional land after the date of enactment of this Act.

SEC. 6. REAFFIRMATION OF RIGHTS.

    (a) In General.--Nothing in this Act diminishes any right or 
privilege of the Tribe or any member that existed before the date of 
enactment of this Act.
    (b) Claims of Tribe.--Except as otherwise provided in this Act, 
nothing in this Act alters or affects any legal or equitable claim of 
the Tribe to enforce any right or privilege reserved by, or granted to, 
the Tribe that was wrongfully denied to, or taken from, the Tribe 
before the date of enactment of this Act.

SEC. 7. MEMBERSHIP ROLL.

    (a) In General.--The Tribe shall submit to the Secretary within 
thirty days after the date of enactment of this Act, a membership roll 
consisting of the name of each individual enrolled as a member of the 
Tribe.
    (b) Determination of Membership.--The qualifications for inclusion 
on the membership roll of the Tribe shall be determined in accordance 
with the Tribe's Constitution, enacted February 17, 2007, any 
amendments or changes to the Constitution, or Tribal laws pertaining to 
membership. Upon receipt of the roll, the Secretary shall immediately 
publish notice of such in the Federal Register.
    (c) Maintenance of Roll.--The Tribe shall have the sole authority 
and responsibility to maintain the membership roll of the Tribe.

SEC. 8. TRANSFER OF LAND.

    (a) Initial Resevation.--Within ninety days from the date of 
enactment of this Act, and notwithstanding any other provision of law, 
the Secretary shall acquire and take into trust for the benefit of the 
Tribe title to land identified by the Tribe that is located within the 
service area of the Tribe, not to exceed 300 acres.
    (b) Eligibility.--Lands taken into trust will be deemed part of the 
restoration of lands for an Indian Tribe that is restored to Federal 
recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2719(b)(1)(B)(iii)).
    (c) Additional Lands.--The Secretary may acquire additional land 
for the benefit of the Tribe pursuant to section 5 of the Act of June 
18, 1934 (25 U.S.C. 5108) (commonly known as the ``Indian 
Reorganization Act'').
    (d) Tribal Fee Lands.--Notwithstanding any other provision of law, 
without further approval, ratification, or authorization by the United 
States, the Tribe may lease, sell, convey, warrant, or otherwise 
transfer all or any part its interest in any real property that is (1) 
not located within the exterior boundaries of the Reservation, and (2) 
not held in trust by the United States for the benefit of the Tribe.
                                 <all>
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