IB 

Union Calendar No. 492 

114TH CONGRESS 

2D SESSION H. R. 2538 

[Report No. 114–633] 

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 

MAY 21, 2015 

Mr. HUFFMAN (for himself and Mr. DENHAM) introduced the following bill; 

which was referred to the Committee on Natural Resources 

JUNE 21, 2016 

Additional sponsor: Mr. THOMPSON of California 

JUNE 21, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 21, 2015] 


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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. 


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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 2015’’. 

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 it was unjustly and unlawfully terminated in 

11 1958. The Tribe was restored to Federal recognition 

12 in 1991, but the conditions of its restoration have pre13 vented it from regaining a homeland on its original 

14 lands. 

15 (2) Congress needs to take action to reverse his16 toric injustices that befell the Tribe and have pre17 vented it from regaining a viable homeland for its 

18 people. 

19 (3) Prior to European contact there were as 

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

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

22 that number had been reduced to approximately 

23 15,000 individuals, many of them homeless and living 

24 in scattered bands and communities. 


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1 (4) The Lytton Rancheria’s original homeland 

2 was purchased by the United States in 1926 pursuant 

3 to congressional authority designed to remedy the 

4 unique tragedy that befell the Indians of California 

5 and provide them with reservations called Rancherias 

6 to be held in trust by the United States. 

7 (5) After the Lytton Rancheria lands were pur8 chased by the United States, the Tribe settled on the 

9 land and sustained itself for several decades by farm10 ing and ranching. 

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

12 shifted back towards a policy of terminating Indian 

13 tribes. In 1958, Congress enacted the Rancheria Act 

14 of 1958 (72 Stat. 619), which slated 41 Rancherias in 

15 California, including the Lytton Rancheria, for ter16 mination after certain conditions were met. 

17 (7) On August 1, 1961, the Lytton Rancheria 

18 was terminated by the Federal Government. This ter19 mination was illegal because the conditions for termi20 nation under the Rancheria Act had never been met. 

21 After termination was implemented, the Tribe lost its 

22 lands and was left without any means of supporting 

23 itself. 

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

25 in a lawsuit against the United States challenging the 


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1 illegal termination of their Rancherias. A Stipulated 

2 Judgment in the case, Scotts Valley Band of Pomo 

3 Indians of the Sugar Bowl Rancheria v. United 

4 States, No. C–86–3660 (N.D.Cal. March 22, 1991), re5 stored the Lytton Rancheria to its status as a feder6 ally recognized Indian tribe. 

7 (9) The Stipulated Judgment agreed that the 

8 Lytton Rancheria would have the ‘‘individual and 

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

10 termination and expressly contemplated the acquisi11 tion of trust lands for the Lytton Rancheria. 

12 (10) The Stipulated Judgment contains provi13 sions, included at the request of the local county gov14 ernments and neighboring landowners, that prohibit 

15 the Lytton Rancheria from exercising its full Federal 

16 rights on its original homeland in the Alexander Val17 ley. 

18 (11) In 2000, approximately 9.5 acres of land in 

19 San Pablo, California, was placed in trust status for 

20 the Lytton Rancheria for economic development pur21 poses. 

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

23 sellers at fair market value, property in Sonoma 

24 County near the Tribe’s historic Rancheria. This 


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1 property, which the Tribe holds in fee status, is suit2 able for a new homeland for the Tribe. 

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

4 trust, which portion totals approximately 124.12 

5 acres, the Tribe plans to build housing for its mem6 bers and governmental and community facilities. 

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

8 is being used for viniculture, and the Tribe intends to 

9 develop more of the lands to be taken into trust for 

10 viniculture. The Tribe’s investment in the ongoing 

11 viniculture operation has reinvigorated the vineyards, 

12 which are producing high-quality wines. The Tribe is 

13 operating its vineyards on a sustainable basis and is 

14 working toward certification of sustainability. 

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

16 to be taken into trust by this Act. 

17 (16) No gaming shall be conducted on any lands 

18 taken into trust on behalf of the Tribe in Sonoma 

19 County after the date of the enactment of this Act 

20 north of a line that runs in a cardinal east and west 

21 direction from the point where Highway Route 12 

22 crosses Highway 101 as they are physically on the 

23 ground and used for transportation on January 1, 

24 2016, and extending to the furthest extent of Sonoma 

25 County. 


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1 (17) Any agreement, now or in the future, re2 garding gaming restrictions between Sonoma County 

3 and the Tribe will be effective without further review 

4 by the Bureau of Indian Affairs. 

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

6 trust, the United States will ensure that the Lytton 

7 Rancheria will finally have a permanently protected 

8 homeland on which they can once again live 

9 communally and plan for future generations. This ac10 tion is necessary to fully restore the Tribe to the sta11 tus it had before it was wrongfully terminated in 

12 1961. 

13 (19) The Tribe and County of Sonoma have en14 tered into a Memorandum of Agreement in which the 

15 County agrees to the lands in the County being taken 

16 into trust for the benefit of the Tribe in consideration 

17 for commitments made by the Tribe. 

18 SEC. 3. DEFINITIONS. 

19 For the purpose of this Act, the following definitions 

20 apply: 

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

22 Sonoma County, California. 

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

24 the Secretary of the Interior. 


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

2 Rancheria of California. 

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

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

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

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

7 is hereby taken into trust for the benefit of the Tribe, subject 

8 to valid existing rights, contracts, and management agree9 ments related to easements and rights-of-way. 

10 (b) LANDS TO BE MADE PART OF THE RESERVA11 TION.—Lands taken into trust under subsection (a) shall 

12 be part of the Tribe’s reservation and shall be administered 

13 in accordance with the laws and regulations generally ap14 plicable to property held in trust by the United States for 

15 an Indian tribe. 

16 SEC. 5. GAMING. 

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

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

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

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

21 (b) OTHER LANDS TAKEN INTO TRUST.— 

22 (1) TIME-LIMITED PROHIBITION.—Lands taken 

23 into trust for the benefit of the Tribe in Sonoma 

24 County after the date of the enactment of this Act 

25 shall not be eligible for gaming under the Indian 


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1 Gaming Regulatory Act (25 U.S.C. 2710 et seq.) until 

2 after March 15, 2037. 

3 (2) PERMANENT PROHIBITION.—Notwithstanding 

4 paragraph (1), lands located north of a line that runs 

5 in a cardinal east and west direction and is defined 

6 by California State Highway Route 12 as it crosses 

7 through Sonoma County at Highway 101 as they are 

8 physically on the ground and used for transportation 

9 on January 1, 2016, and extending to the furthest ex10 tent of Sonoma County shall not be eligible for gam11 ing under the Indian Gaming Regulatory Act (25 

12 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 trust 

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

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

19 addenda and supplement thereto, is not subject to review 

20 or approval of the Secretary in order to be effective, includ21 ing review or approval under section 2103 of the Revised 

22 Statutes (25 U.S.C. 81). 


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Union Calendar No. 492 

114TH CONGRESS 

2D SESSION H. R. 2538 

[Report No. 114–633] 

A BILL 

To take lands in Sonoma County, California, into 

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

JUNE 21, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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