```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2538 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2538

 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

_______________________________________________________________________

                                 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.

    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 ``Lytton Rancheria Homelands Act of 
2015''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Lytton Rancheria of California is a federally 
        recognized Indian tribe that lost its homeland after it was 
        unjustly and unlawfully terminated in 1958. The Tribe was 
        restored to Federal recognition in 1991, but the conditions of 
        its restoration have prevented it from regaining a homeland on 
        its original lands.
            (2) Congress needs to take action to reverse historic 
        injustices that befell the Tribe and have prevented it from 
        regaining a viable homeland for its people.
            (3) Prior to European contact there were as many as 350,000 
        Indians living in what is now the State of California. By the 
        turn of the 19th century, that number had been reduced to 
        approximately 15,000 individuals, many of them homeless and 
        living in scattered bands and communities.
            (4) The Lytton Rancheria's original homeland was purchased 
        by the United States in 1926 pursuant to congressional 
        authority designed to remedy the unique tragedy that befell the 
        Indians of California and provide them with reservations called 
        Rancherias to be held in trust by the United States.
            (5) After the Lytton Rancheria lands were purchased by the 
        United States, the Tribe settled on the land and sustained 
        itself for several decades by farming and ranching.
            (6) By the mid-1950s, Federal Indian policy had shifted 
        back towards a policy of terminating Indian tribes. In 1958, 
        Congress enacted the Rancheria Act of 1958 (72 Stat. 619), 
        which slated 41 Rancherias in California, including the Lytton 
        Rancheria, for termination after certain conditions were met.
            (7) On August 1, 1961, the Lytton Rancheria was terminated 
        by the Federal Government. This termination was illegal because 
        the conditions for termination under the Rancheria Act had 
        never been met. After termination was implemented, the Tribe 
        lost its lands and was left without any means of supporting 
        itself.
            (8) In 1987, the Tribe joined three other tribes in a 
        lawsuit against the United States challenging the illegal 
        termination of their Rancherias. A Stipulated Judgment in the 
        case, Scotts Valley Band of Pomo Indians of the Sugar Bowl 
        Rancheria v. United States, No. C-86-3660 (N.D.Cal. March 22, 
        1991), restored the Lytton Rancheria to its status as a 
        federally recognized Indian tribe.
            (9) The Stipulated Judgment agreed that the Lytton 
        Rancheria would have the ``individual and collective status and 
        rights'' which it had prior to its termination and expressly 
        contemplated the acquisition of trust lands for the Lytton 
        Rancheria.
            (10) The Stipulated Judgment contains provisions, included 
        at the request of the local county governments and neighboring 
        landowners, that prohibit the Lytton Rancheria from exercising 
        its full Federal rights on its original homeland in the 
        Alexander Valley.
            (11) In 2000, approximately 9.5 acres of land in San Pablo, 
        California, was placed in trust status for the Lytton Rancheria 
        for economic development purposes.
            (12) The Tribe has since acquired, from willing sellers at 
        fair market value, property in Sonoma County near the Tribe's 
        historic Rancheria. This property, which the Tribe holds in fee 
        status, is suitable for a new homeland for the Tribe.
            (13) On a portion of the land to be taken into trust, which 
        portion totals approximately 124.12 acres, the Tribe plans to 
        build housing for its members and governmental and community 
        facilities.
            (14) A portion of the land to be taken into trust is being 
        used for viniculture, and the Tribe intends to develop more of 
        the lands to be taken into trust for viniculture. The Tribe's 
        investment in the ongoing viniculture operation has 
        reinvigorated the vineyards, which are producing high-quality 
        wines. The Tribe is operating its vineyards on a sustainable 
        basis and is working toward certification of sustainability.
            (15) No gaming will be conducted on the lands to be taken 
        into trust.
            (16) By directing that these lands be taken into trust, the 
        United States will ensure that the Lytton Rancheria will 
        finally have a permanently protected homeland on which they can 
        once again live communally and plan for future generations. 
        This action is necessary to fully restore the Tribe to the 
        status it had before it was wrongfully terminated in 1961.
            (17) The Tribe and County of Sonoma have entered into a 
        Memorandum of Agreement in which the County agrees to the lands 
        in the County being taken into trust for the benefit of the 
        Tribe in consideration for commitments made by the Tribe.

SEC. 3. DEFINITIONS.

    For the purpose of this Act, the following definitions apply:
            (1) County.--The term ``County'' means Sonoma County, 
        California.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Lytton Rancheria 
        of California.

SEC. 4. LANDS TO BE TAKEN INTO TRUST.

    (a) In General.--The land owned by the Tribe and generally depicted 
on the map titled ``Lytton Fee Owned Property to be Taken into Trust'' 
and dated May 1, 2015, is hereby taken into trust for the benefit of 
the Tribe, subject to valid existing rights, contracts, and management 
agreements related to easements and rights-of-way.
    (b) Lands To Be Made Part of the Reservation.--Lands taken into 
trust under subsection (a) shall be part of the Tribe's reservation and 
shall be administered in accordance with the laws and regulations 
generally applicable to property held in trust by the United States for 
an Indian tribe.

SEC. 5. GAMING PROHIBITION.

    Land taken into trust for the benefit of the Tribe under this Act 
shall not be used for gaming under the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.).

SEC. 6. APPLICABILITY OF CERTAIN LAW.

    Notwithstanding any other provision of law, the Memorandum of 
Agreement entered into by the Tribe and the County concerning taking 
land in the County into trust for the benefit of the Tribe, which was 
approved by the County Board of Supervisors on March 10, 2015, is not 
subject to review or approval of the Secretary in order to be 
effective, including review or approval under section 2103 of the 
Revised Statutes (25 U.S.C. 81).
                                 <all>
```