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Union Calendar No. 139 

115TH CONGRESS 

1ST SESSION H. R. 597 

[Report No. 115–202] 

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 

JANUARY 20, 2017 

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

Committee on Natural Resources 

JULY 11, 2017 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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 2017’’. 

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 

13 prevented it from regaining a homeland on its origi14 nal lands. 

15 (2) Congress needs to take action to reverse 

16 historic 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 liv24 ing 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 pursu3 ant to congressional authority designed to remedy 

4 the unique tragedy that befell the Indians of Cali5 fornia and provide them with reservations called 

6 Rancherias 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 

9 the land and sustained itself for several decades by 

10 farming and ranching. 

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

12 had shifted back towards a policy of terminating In13 dian tribes. In 1958, Congress enacted the 

14 Rancheria Act of 1958 (72 Stat. 619), which slated 

15 41 Rancherias in California, including the Lytton 

16 Rancheria, for termination after certain conditions 

17 were met. 

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

19 was terminated by the Federal Government. This 

20 termination was illegal because the conditions for 

21 termination under the Rancheria Act had never been 

22 met. After termination was implemented, the Tribe 

23 lost its lands and was left without any means of sup24 porting itself. 


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

2 in a lawsuit against the United States challenging 

3 the illegal termination of their Rancherias. A Stipu4 lated Judgment in the case, Scotts Valley Band of 

5 Pomo Indians of the Sugar Bowl Rancheria v. 

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

7 1991), restored the Lytton Rancheria to its status 

8 as a federally recognized Indian tribe. 

9 (9) The Stipulated Judgment agreed that the 

10 Lytton Rancheria would have the ‘‘individual and 

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

12 termination and expressly contemplated the acquisi13 tion of trust lands for the Lytton Rancheria. 

14 (10) The Stipulated Judgment contains provi15 sions, included at the request of the local county 

16 governments and neighboring landowners, that pro17 hibit the Lytton Rancheria from exercising its full 

18 Federal rights on its original homeland in the Alex19 ander Valley. 

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

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

22 for the Lytton Rancheria for economic development 

23 purposes. 

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

25 sellers at fair market value, property in Sonoma 


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1 County near the Tribe’s historic Rancheria. This 

2 property, which the Tribe holds in fee status, is suit3 able for a new homeland for the Tribe. 

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

5 trust, which portion totals approximately 124.12 

6 acres, the Tribe plans to build housing for its mem7 bers and governmental and community facilities. 

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

9 trust is being used for viniculture, and the Tribe in10 tends to develop more of the lands to be taken into 

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

12 ongoing viniculture operation has reinvigorated the 

13 vineyards, which are producing high-quality wines. 

14 The Tribe is operating its vineyards on a sustainable 

15 basis and is working toward certification of sustain16 ability. 

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

18 to be taken into trust by this Act. 

19 (16) No gaming shall be conducted on any 

20 lands taken into trust on behalf of the Tribe in 

21 Sonoma County after the date of the enactment of 

22 this Act north of a line that runs in a cardinal east 

23 and west direction from the point where Highway 

24 Route 12 crosses Highway 101 as they are phys25 ically on the ground and used for transportation on 


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1 January 1, 2016, and extending to the furthest ex2 tent of Sonoma County. 

3 (17) Any agreement, now or in the future, re4 garding gaming restrictions between Sonoma County 

5 and the Tribe will be effective without further review 

6 by the Bureau of Indian Affairs. 

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

8 trust, the United States will ensure that the Lytton 

9 Rancheria will finally have a permanently protected 

10 homeland on which they can once again live 

11 communally and plan for future generations. This 

12 action is necessary to fully restore the Tribe to the 

13 status it had before it was wrongfully terminated in 

14 1961. 

15 (19) The Tribe and County of Sonoma have en16 tered into a Memorandum of Agreement in which 

17 the County agrees to the lands in the County being 

18 taken into trust for the benefit of the Tribe in con19 sideration for commitments made by the Tribe. 

20 SEC. 3. DEFINITIONS. 

21 For the purpose of this Act, the following definitions 

22 apply: 

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

24 Sonoma County, California. 


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

2 the Secretary of the Interior. 

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

4 Lytton Rancheria of California. 

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

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

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

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

9 is hereby taken into trust for the benefit of the Tribe, sub10 ject to valid existing rights, contracts, and management 

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

12 (b) LANDS TO BE MADE PART OF THE RESERVA13 TION.—Lands taken into trust under subsection (a) shall 

14 be part of the Tribe’s reservation and shall be adminis15 tered in accordance with the laws and regulations gen16 erally applicable to property held in trust by the United 

17 States for an Indian tribe. 

18 SEC. 5. GAMING. 

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

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

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

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

23 (b) OTHER LANDS TAKEN INTO TRUST.— 

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

25 into trust for the benefit of the Tribe in Sonoma 


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1 County after the date of the enactment of this Act 

2 shall not be eligible for gaming under the Indian 

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

4 until after March 15, 2037. 

5 (2) PERMANENT PROHIBITION.—Notwith6 standing paragraph (1), lands located north of a line 

7 that runs in a cardinal east and west direction and 

8 is defined by California State Highway Route 12 as 

9 it crosses through Sonoma County at Highway 101 

10 as they are physically on the ground and used for 

11 transportation on January 1, 2016, and extending to 

12 the furthest extent of Sonoma County shall not be 

13 eligible for gaming under the Indian Gaming Regu14 latory Act (25 U.S.C. 2710 et seq.). 

15 SEC. 6. APPLICABILITY OF CERTAIN LAW. 

16 Notwithstanding any other provision of law, the 

17 Memorandum of Agreement entered into by the Tribe and 

18 the County concerning taking land in the County into 

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

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

21 any addenda and supplement thereto, is not subject to re22 view or approval of the Secretary in order to be effective, 

23 including review or approval under section 2103 of the Re24 vised Statutes (25 U.S.C. 81). 


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Union Calendar No. 139 

115TH CONGRESS 

1ST SESSION H. R. 597 

[Report No. 115–202] 

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 

JULY 11, 2017 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


lotter on DSKBCFDHB2PROD with BILLS