II 

108TH CONGRESS 

2D SESSION S. 2879 

To restore recognition to the Winnemem Wintu Indian Tribe of California. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2004 

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To restore recognition to the Winnemem Wintu Indian Tribe 

of California. 

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 ‘‘Winnemem Wintu 

5 Tribe Clarification and Restoration Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Winnemem Wintu Indian Tribe was en9 titled to have been included in the 1979 acknowl10 edgement process that created a list of federally rec11 ognized California tribes; 
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1 (2) in addition to its continuous historic rela2 tionship with the Federal Government, the trust sta3 tus of the Tribe was reaffirmed by the provisions of 

4 the Act of July 30, 1941 (55 Stat. 612, chapter 

5 334), which granted to the United States all tribal 

6 and allotted Indian land within the area embraced 

7 by the Central Valley Project; 

8 (3) under that Act, the Secretary, acting 

9 through the Commissioner of Reclamation, on Janu10 ary 5, 1942, created the Shasta Reservoir Indian 

11 Cemetery, which contains Winnemem Wintu re12 mains, markers, and other appurtenances held in 

13 trust by the United States; 

14 (4) Winnemem Wintu remains were removed to 

15 that cemetery from the traditional cemetery of the 

16 Tribe in the McCloud River valley that was flooded 

17 by the Shasta Reservoir; 

18 (5) the Bureau of Reclamation informed the 

19 Area Director of the Indian Service in writing on 

20 December 22, 1942, of the new cemetery and its 

21 status as Federal trust land; 

22 (6) the Secretary, through an administrative 

23 oversight or inaction of the Indian Service, over24 looked the trust status of the Tribe, which was re25 affirmed by the making of partial restitution by the 
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1 Secretary for the taking of tribal land and the 1941 

2 relocation of the remains of tribal members, which 

3 remain interred in the Shasta Reservoir Indian Cem4 etery; 

5 (7) the ongoing trust relationship of the Tribe 

6 with the Federal Government should have been rec7 ognized by the Secretary, and the Tribe should have 

8 been included in the 1979 listing of federally recog9 nized California tribes; and 

10 (8) the Tribe, as a matter of sovereign choice, 

11 has determined that the conduct of gaming by the 

12 Tribe would be detrimental to the maintenance of its 

13 traditional tribal culture. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

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

17 the Secretary of the Interior. 

18 (2) SERVICE AREA.—The term ‘‘service area’’ 

19 means the counties of Shasta and Siskiyou, Cali20 fornia. 

21 (3) TRIBE.—The term ‘‘Tribe’’ means the Indi22 ans of the Winnemem Wintu Tribe of northern Cali23 fornia. 
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1 SEC. 4. CLARIFICATION OF FEDERAL STATUS AND RES2 TORATION OF FEDERAL RIGHTS AND PRIVI3 LEGES. 

4 (a) FEDERAL STATUS.—Federal status is restored to 

5 the Tribe. 

6 (b) APPLICABLE LAW.—Except as otherwise provided 

7 in this Act, all laws (including regulations) of general ap8 plicability to Indians and nations, tribes, or bands of Indi9 ans that are not inconsistent with any provision of this 

10 Act shall be applicable to the Tribe and members of the 

11 Tribe. 

12 (c) RESTORATIONS OF RIGHTS AND PRIVILEGES.— 

13 Except as provided in subsection (d), all rights and privi14 leges of the Tribe and members of the Tribe under any 

15 Federal treaty, Executive order, agreement, or statute, or 

16 under any other authority that were diminished or lost 

17 under Public Law 85–671 (72 Stat. 619) are restored, and 

18 that Act shall be inapplicable to the Tribe or members 

19 of the Tribe after the date of enactment of this Act. 

20 (d) FEDERAL SERVICES AND BENEFITS.— 

21 (1) ELIGIBILITY.— 

22 (A) IN GENERAL.—Without regard to the 

23 existence of a reservation, the Tribe and its 

24 members shall be eligible, on and after the date 

25 of enactment of this Act, for all Federal serv-
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1 ices and benefits furnished to federally recog2 nized Indian tribes or their members. 

3 (B) RESIDING ON A RESERVATION.—For 

4 the purposes of Federal services and benefits 

5 available to members of federally recognized In6 dian tribes residing on a reservation, members 

7 of the Tribe residing in the service area shall be 

8 deemed to be residing on a reservation. 

9 (2) RELATION TO OTHER LAWS.—The eligibility 

10 for or receipt of services and benefits under para11 graph (1) by the Tribe or a member of the Tribe 

12 shall not be considered as income, resources, or oth13 erwise when determining the eligibility for or com14 putation of any payment or other benefit to the 

15 Tribe or member under— 

16 (A) any financial aid program of the 

17 United States, (including grants and contracts 

18 under the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 450 et seq.); 

20 or 

21 (B) any other benefit to which the Tribe or 

22 member would otherwise be entitled under any 

23 Federal or federally assisted program. 

24 (e) HUNTING, FISHING, TRAPPING, GATHERING, AND

25 WATER RIGHTS.—Nothing in this Act expands, reduces, 
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1 or otherwise affects in any manner any hunting, fishing, 

2 trapping, gathering, or water rights of the Tribe and mem3 bers of the Tribe. 

4 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe5 cifically provided in this Act, nothing in this Act alters 

6 any property right or obligation, any contractual right or 

7 obligation, or any obligation for taxes levied. 

8 SEC. 5. RESERVATION OF THE TRIBE. 

9 Not later than 1 year after the date of enactment 

10 of this Act, the Secretary shall take the 42.5-acre site 

11 presently occupied by the Tribe into trust for the benefit 

12 of the Tribe, and that land shall be the reservation of the 

13 Tribe. 

14 SEC. 6. GAMING. 

15 The Tribe shall not have the right to conduct gaming 

16 (within the meaning of the Indian Gaming Regulatory Act 

17 (25 U.S.C. 2701 et seq.)). 

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