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Calendar No. 625 

115TH CONGRESS 

2D SESSION H. R. 597 

[Report No. 115–344] 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2017 

Received; read twice and referred to the Committee on Indian Affairs 

OCTOBER 5, 2018 

Reported by Mr. HOEVEN, without amendment 

AN ACT 

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 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Lytton Rancheria of California is a fed2 erally recognized Indian tribe that lost its homeland 

3 after it was unjustly and unlawfully terminated in 

4 1958. The Tribe was restored to Federal recognition 

5 in 1991, but the conditions of its restoration have 

6 prevented it from regaining a homeland on its origi7 nal lands. 

8 (2) Congress needs to take action to reverse 

9 historic injustices that befell the Tribe and have pre10 vented it from regaining a viable homeland for its 

11 people. 

12 (3) Prior to European contact there were as 

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

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

15 that number had been reduced to approximately 

16 15,000 individuals, many of them homeless and liv17 ing in scattered bands and communities. 

18 (4) The Lytton Rancheria’s original homeland 

19 was purchased by the United States in 1926 pursu20 ant to congressional authority designed to remedy 

21 the unique tragedy that befell the Indians of Cali22 fornia and provide them with reservations called 

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

24 (5) After the Lytton Rancheria lands were pur25 chased by the United States, the Tribe settled on 


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1 the land and sustained itself for several decades by 

2 farming and ranching. 

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

4 had shifted back towards a policy of terminating In5 dian tribes. In 1958, Congress enacted the 

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

7 41 Rancherias in California, including the Lytton 

8 Rancheria, for termination after certain conditions 

9 were met. 

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

11 was terminated by the Federal Government. This 

12 termination was illegal because the conditions for 

13 termination under the Rancheria Act had never been 

14 met. After termination was implemented, the Tribe 

15 lost its lands and was left without any means of sup16 porting itself. 

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

18 in a lawsuit against the United States challenging 

19 the illegal termination of their Rancherias. A Stipu20 lated Judgment in the case, Scotts Valley Band of 

21 Pomo Indians of the Sugar Bowl Rancheria v. 

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

23 1991), restored the Lytton Rancheria to its status 

24 as a federally recognized Indian tribe. 


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1 (9) The Stipulated Judgment agreed that the 

2 Lytton Rancheria would have the ‘‘individual and 

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

4 termination and expressly contemplated the acquisi5 tion of trust lands for the Lytton Rancheria. 

6 (10) The Stipulated Judgment contains provi7 sions, included at the request of the local county 

8 governments and neighboring landowners, that pro9 hibit the Lytton Rancheria from exercising its full 

10 Federal rights on its original homeland in the Alex11 ander Valley. 

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

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

14 for the Lytton Rancheria for economic development 

15 purposes. 

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

17 sellers at fair market value, property in Sonoma 

18 County near the Tribe’s historic Rancheria. This 

19 property, which the Tribe holds in fee status, is suit20 able for a new homeland for the Tribe. 

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

22 trust, which portion totals approximately 124.12 

23 acres, the Tribe plans to build housing for its mem24 bers and governmental and community facilities. 


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

2 trust is being used for viniculture, and the Tribe in3 tends to develop more of the lands to be taken into 

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

5 ongoing viniculture operation has reinvigorated the 

6 vineyards, which are producing high-quality wines. 

7 The Tribe is operating its vineyards on a sustainable 

8 basis and is working toward certification of sustain9 ability. 

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

11 to be taken into trust by this Act. 

12 (16) No gaming shall be conducted on any 

13 lands taken into trust on behalf of the Tribe in 

14 Sonoma County after the date of the enactment of 

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

16 and west direction from the point where Highway 

17 Route 12 crosses Highway 101 as they are phys18 ically on the ground and used for transportation on 

19 January 1, 2016, and extending to the furthest ex20 tent of Sonoma County. 

21 (17) Any agreement, now or in the future, re22 garding gaming restrictions between Sonoma County 

23 and the Tribe will be effective without further review 

24 by the Bureau of Indian Affairs. 


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

2 trust, the United States will ensure that the Lytton 

3 Rancheria will finally have a permanently protected 

4 homeland on which they can once again live 

5 communally and plan for future generations. This 

6 action is necessary to fully restore the Tribe to the 

7 status it had before it was wrongfully terminated in 

8 1961. 

9 (19) The Tribe and County of Sonoma have en10 tered into a Memorandum of Agreement in which 

11 the County agrees to the lands in the County being 

12 taken into trust for the benefit of the Tribe in con13 sideration for commitments made by the Tribe. 

14 SEC. 3. DEFINITIONS. 

15 For the purpose of this Act, the following definitions 

16 apply: 

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

18 Sonoma County, California. 

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

20 the Secretary of the Interior. 

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

22 Lytton Rancheria of California. 

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

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

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


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

2 is hereby taken into trust for the benefit of the Tribe, sub3 ject to valid existing rights, contracts, and management 

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

5 (b) LANDS TO BE MADE PART OF THE RESERVA6 TION.—Lands taken into trust under subsection (a) shall 

7 be part of the Tribe’s reservation and shall be adminis8 tered in accordance with the laws and regulations gen9 erally applicable to property held in trust by the United 

10 States for an Indian tribe. 

11 SEC. 5. GAMING. 

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

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

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

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

16 (b) OTHER LANDS TAKEN INTO TRUST.— 

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

18 into trust for the benefit of the Tribe in Sonoma 

19 County after the date of the enactment of this Act 

20 shall not be eligible for gaming under the Indian 

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

22 until after March 15, 2037. 

23 (2) PERMANENT PROHIBITION.—Notwith24 standing paragraph (1), lands located north of a line 

25 that runs in a cardinal east and west direction and 


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1 is defined by California State Highway Route 12 as 

2 it crosses through Sonoma County at Highway 101 

3 as they are physically on the ground and used for 

4 transportation on January 1, 2016, and extending to 

5 the furthest extent of Sonoma County shall not be 

6 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 thereto, is not subject to re15 view or approval of the Secretary in order to be effective, 

16 including review or approval under section 2103 of the Re17 vised Statutes (25 U.S.C. 81). 


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Calendar No. 625 

115TH CONGRESS 

2D SESSION H. R. 597 

[Report No. 115–344] 

AN ACT 

To take lands in Sonoma County, California, into 

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

OCTOBER 5, 2018 

Reported without amendment 


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