I 

117TH CONGRESS 

1ST SESSION H. R. 3649 

To extend Federal recognition to the Mono Lake Kutzadikaa Tribe, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mr. OBERNOLTE (for himself and Mr. YOUNG) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To extend Federal recognition to the Mono Lake Kutzadikaa

Tribe, 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. 

This Act may be cited as the ‘‘Mono Lake Kutzadika 4 a

5 Tribe Recognition Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

(1) The Mono Lake Kutzadika 8 a Tribe has ex9 isted for time immemorial in the Mono Basin of 

10 east-central California and adjacent Nevada. 


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(2) The Mono Lake Kutzadika 1 a people were 

2 first encountered in 1825 by early trappers in the 

3 area, but were officially documented by the Federal 

4 Government in June 1852 by Army Lieutenant 

5 Tredwell Moore, who was in pursuit of hostile Indi6 ans in the Yo-Ham-i-te (today ‘‘Yosemite’’) Valley, 

7 and tracked them through a previously undiscovered 

8 pass through the Sierra Mountains that lead to 

9 Mono Lake. The pass was later named ‘‘Mono Pass’’ 

10 also known as ‘‘Tsadoba’’, after the ‘‘Indians of that 

11 name’’. 

12 (3) The Tribe, like all tribes in California, was 

13 not the beneficiary of a reservation through the trea14 ty process and remained landless and without Fed15 eral protection in the wake of the California gold 

16 rush and other non-Indian encroachment into the 

17 Tribe’s aboriginal lands. 

18 (4) In 1904, the plight of the Tribe was 

19 brought to the attention of the Committee on Indian 

20 Affairs by the Northern California Indian Associa21 tion through a petition and extensive, but not ex22 haustive, study documenting the landless Indians in 

23 California. The study identified the numerous tribal 

24 communities in California who were in desperate 

25 need of land, as well as Federal support and protecVerDate Sep 11 2014 02:28 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649

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tion, and the Mono Lake Kutzadikaa 1 community was 

2 among those surveyed. As a result of the petition, 

3 Congress began to appropriate funding for the pur4 chase of lands in California for the ‘‘homeless Indi5 ans’’. 

6 (5) In 1907, historical members of the Tribe 

7 were issued individual allotted lands near Mono 

8 Lake under the General Allotment Act. In accord9 ance to the General Allotment Act, allotted lands 

10 were only provided to Indians shown to be recog11 nized or entitled to be recognized members of an 

12 ‘‘Indian tribe’’. The Federal Government determined 

that Mono Lake Kutzadika 13 a members met this cri14 teria. 

15 (6) In the early 1920s, the Los Angeles Depart16 ment of Water and Power began purchasing lands 

17 throughout Inyo and Mono Counties in its effort to 

18 secure a reliable water supply for the expanding city 

19 of Los Angeles in southern California. The Mono 

Lake Kutzadikaa 20 allottees were not immune to the 

21 pressures of Los Angeles Department of Water and 

22 Power and were encouraged to sell their land, which 

23 most did. However, Tribal members remained at 

24 Mono Lake working and living on local farms and in 


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1 some cases squatting on Los Angeles Department of 

2 Water and Power or other Federal lands. 

3 (7) Although Tribal members were once again 

4 landless, they remained under the jurisdiction of the 

5 Federal Government and appeared on the Bureau of 

6 Indian Affairs census records, their children at7 tended Bureau of Indian Affairs boarding schools, 

8 and members received (and do today) health care 

9 services, and other Federal benefits and services. 

10 (8) Federal representatives worked with the 

11 Tribe to no avail in the 1920s and 1930s to secure 

12 a land base, and these efforts are well documented 

13 in official Bureau of Indian Affairs correspondence 

14 and records. 

15 (9) In June 1950, Tribal members submitted a 

16 petition to the Committee on Interior and Insular 

17 Affairs and the Subcommittee on Indian Affairs, re18 questing an investigation into their living conditions. 

19 In the petition, they stated that they hoped that 

20 through an investigation, the agencies might ‘‘appro21 priate, rehabilitate, or set aside land for us’’. H.R. 

22 Muskrat, a Bureau of Indian Affairs field represent23 ative who investigated the conditions of Tribal mem24 bers, reported to J.M. Stewart, the Bureau of Indian 

25 Affairs Area Director for California, that there were 


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1 no public lands available for the Tribe or its mem2 bers, and all water resources were owned by the Los 

3 Angeles Department of Water and Power. 

4 (10) On December 26, 1950, a formal petition 

5 was filed before the Indian Claims Commission on 

6 behalf of the Northern Paiute Nation, which in7 cluded various individual Northern Paiute Indians 

8 and several reservation tribes, all located in Nevada. 

9 The original claim, designated as Docket No. 87, did 

10 not include California Paiute tribes from the Owens 

11 Valley, Mono Lake, Deep Springs Valley, or Fish 

12 Lake Valley. During the course of the liability phase 

13 of the trial, expert testimony was introduced cor14 recting the oversight, and on August 8, 1951, an 

15 amended petition was filed that included the Tribe 

16 and other overlooked California Paiute Nations. Un17 fortunately, the Commission awarded only meager 

18 compensation to individual members and did not 

19 provide lands to the Tribe. 

20 (11) In 1955, the Tribe submitted a petition to 

21 State Senator Charles Brown of Sacramento, Cali22 fornia, seeking to establish a reservation that in23 cluded 66,000 acres of land. The petition rested on 

24 a 1912 Presidential Executive order that had set 

25 aside lands for the Tribe and other tribes in Inyo 


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1 and Mono County, but was later withdrawn because 

2 the original land identified was unsuitable. The 

3 Tribe’s petition was again met with the statement 

4 that there was no land available for a reservation. 

5 (12) Believing that recognition might lead to 

6 land for the Tribe, the Tribe submitted a letter of 

7 ‘‘Intent to Petition for Recognition’’ in 1976 to the 

8 Office of Federal Acknowledgment and began work9 ing on a petition for recognition, an effort that con10 tinues today. 

11 (13) In 1977, the Tribe adopted formal Articles 

12 of Association to define its enrollment criteria and 

13 election of Tribal leaders. 

14 (14) Also in 1977, the Tribe petitioned and was 

15 recognized by the BIA as an ‘‘adult Indian commu16 nity of one-half degree of Indian blood’’ under the 

17 Indian Reorganization Act of 1934 (25 U.S.C. 5101 

18 et seq.). However, the Bureau of Indian Affairs 

19 made clear that this status did not give Federal rec20 ognition to the Tribe. The status did solidify that 

21 Tribal members were recognized as ‘‘Indians’’ and 

22 entitled to Federal benefits and services. 

23 (15) Even without formal Tribal recognition, 

24 the Tribe has remained a political force and the pro25 tector of Mono Lake, Kutzapaa’ which is at the cenVerDate Sep 11 2014 02:28 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649

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1 ter of the Tribe’s culture and history and provided 

2 its ancestors with a critical food source. On March 

3 19, 1983, Jessie Durant, a revered Tribal elder, tes4 tified before the Subcommittee on Public Lands and 

5 National Parks on the importance of Mono Lake to 

6 the Mono Lake people and culture. Mono Lake is 

7 now known as the Mono Lake Tufa State Natural 

8 Reserve thanks in large part to the efforts of the 

9 Tribe and the Mono Lake Foundation. 

10 (16) On April 28, 1989, the Senate Select Com11 mittee on Indian Affairs held hearings in Sac12 ramento, California, on SB 611, a bill to Establish 

13 Administrative Procedures to Determine Status of 

14 Certain Indian Groups. Tribal member Richard 

15 Blaver was invited to and provided testimony on be16 half of the Tribe on the difficulties encountered by 

17 tribes seeking recognition through the Bureau of In18 dian Affairs’ administrative acknowledgment proc19 ess. 

20 (17) The Federal agencies that now manage 

21 Federal lands, some of which are the ancestral lands 

22 of the Tribe, share a deep respect for the Tribe, and 

acknowledge that the Kutzadika 23 a members are the 

24 aboriginal people of the Mono Basin. Small examples 

25 can be seen from the Forest Service, that in 1991 


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1 worked with the Tribe in protecting the Tribe’s ‘‘In2 dian’’ cemetery located in part on Forest Service 

3 lands. 

4 (18) In 1993, the Forest Service hosted a dedication in honor of the elders of the Kutzadika 5 a Tribe 

6 by setting aside a grove of Jeffrey pine trees for tra7 ditional purposes and designated the area as the 

8 Piaga Park. The Forest Service specifically dedi9 cated the trees in ‘‘honor of the Mono Lake 

[Kutzadikaa 10 ] Elders who have historically harvested 

11 the [Piaga] from the area’’. 

12 (19) In 1996, the National Park Service issued 

13 a directive to all Yosemite Entrance Station per14 sonnel informing them that members of the Tribe 

15 were to be granted entrance to the Yosemite Na16 tional Park at no cost. More recent examples are the 

17 ongoing Federal, State, and county agencies con18 sultations with the Tribe on proposed environmental 

19 projects, land management planning, and repatri20 ation of Tribal funerary objects and artifacts under 

21 the Native American Graves Protection and Repatri22 ation Act when encountered on Federal lands. 

23 (20) In 2000, the Tribe partnered with the 

24 Mono County Board of Supervisors to seek funding 

25 to assist the county in completing a community cenVerDate Sep 11 2014 02:28 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649

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1 ter in Lee Vining, California. The Tribe was award2 ed a State Community Development Block Grant 

3 from the California Native American Allocation for 

4 $475,000, which was used to complete construction 

5 of the community center. In exchange for this con6 tribution, the county has dedicated office space to 

7 the Tribe and a large meeting room for Tribal gen8 eral council meetings, and the building is identified 

9 as the ‘‘Mono Lake Indian and Lee Vining Commu10 nity Center’’. 

11 (21) In 2003, the Tribe adopted a Constitution 

12 and other governing documents to formalize its Trib13 al Government structure, enrollment process, and 

14 elections of its leaders. Even without Federal finan15 cial assistance to carry out its governmental func16 tions or a land base, the Tribe remains a distinct 

17 community both politically and culturally. The Tribe 

18 works with its Federal, State, and county agency 

19 partners to protect cultural and sacred sites, the en20 vironment, Mono Lake, and habitat. In recent years, 

21 the Tribe has established the ‘‘Mono Lake/Yosemite 

22 Traditional Walk’’, which is the revitalization of the 

23 walk their ancestors took from Mono Lake to Yo24 semite in order to trade with and engage with family 

25 and neighboring tribes. The Tribe celebrates and 


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1 honors their elders and veterans through community 

2 events and Tribal functions on an annual basis. 

3 (22) Federal recognition of the Tribe through 

4 this Act is supported by the Mono County Board of 

5 Supervisors, all five federally recognized Tribes in 

6 Inyo County, the non-federally recognized tribe 

7 Southern Sierra Muwuk Nation, and the federally 

8 recognized tribes of Tuolumne Band of Me-Wuk In9 dians, Picayune Rancheria of the Chuckansi Tribe, 

10 and the North Fork Rancheria of Mono Indians. 

11 Support also comes from the National Park Service, 

12 the Sierra Club, Friends of Inyo County, the An13 thropology Department of California State Univer14 sity Chico, California Indian Legal Services, and 

15 other organizations. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) MEMBER.—The term ‘‘member’’ means an 

19 individual who is enrolled in the Tribe pursuant to 

20 the constitution of the Tribe. 

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

22 the Secretary of the Interior. 

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

Mono Lake Kutzadika 24 a Tribe. 


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1 SEC. 4. FEDERAL RECOGNITION. 

2 (a) IN GENERAL.—Federal recognition is extended to 

3 the Tribe. 

4 (b) EFFECT OF FEDERAL LAWS.—Except as other5 wise provided in this Act, all Federal laws (including regu6 lations) of general application to Indians and Indian 

7 tribes, including the Act of June 18, 1934 (25 U.S.C. 

8 5101 et seq.; commonly known as the Indian Reorganiza9 tion Act), shall apply to the Tribe and members. 

10 SEC. 5. FEDERAL SERVICES AND BENEFITS. 

11 (a) IN GENERAL.—The Tribe and each member of 

12 the Tribe shall be eligible for all services and benefits pro13 vided by the United States to Indians and federally recog14 nized Indian Tribes, without regard to— 

15 (1) the existence of a reservation for the Tribe; 

16 or 

17 (2) the location of the residence of any member 

18 on or near an Indian reservation. 

19 (b) SERVICE AREA.—For purposes of the delivery of 

20 services and benefits to members, the service area of the 

21 Tribe shall be considered to be the counties of Mono and 

22 Inyo, in the State of California. 

23 SEC. 6. REAFFIRMATION OF RIGHTS. 

24 (a) IN GENERAL.—Nothing in this Act diminishes 

25 any right or privilege of the Tribe or any member that 

26 existed before the date of the enactment of this Act. 


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1 (b) CLAIMS OF TRIBE.—Except as otherwise pro2 vided in this Act, nothing in this Act alters or affects any 

3 legal or equitable claim of the Tribe to enforce any right 

4 or privilege reserved by, or granted to, the Tribe that was 

5 wrongfully denied to, or taken from, the Tribe before the 

6 date of the enactment of this Act. 

7 (c) HUNTING AND FISHING RIGHTS.—The Tribe 

8 shall be granted hunting and fishing rights on all Federal 

9 lands within its aboriginal land area. Each Federal agency 

10 who administers lands within the Tribe’s aboriginal land 

11 area shall work with the Tribe so as to accommodate the 

12 exercise of its hunting and fishing rights within the agen13 cies existing land use plans, Federal law and governing 

14 regulations. 

15 SEC. 7. MEMBERSHIP ROLL. 

16 (a) IN GENERAL.—As a condition of receiving rec17 ognition, services, and benefits pursuant to this Act, the 

18 Tribe shall submit to the Secretary, by not later than 18 

19 months after the date of the enactment of this Act, a 

20 membership roll consisting of the name of each individual 

21 enrolled as a member of the Tribe. 

22 (b) DETERMINATION OF MEMBERSHIP.—The quali23 fications for inclusion on the membership roll of the Tribe 

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1 cle III of the constitution of the Tribe, dated June 23, 

2 2003. 

3 (c) MAINTENANCE OF ROLL.—The Tribe shall main4 tain the membership roll. 

5 SEC. 8. TRUST LAND. 

6 (a) IDENTIFICATION OF LAND.—The Secretary shall 

7 identify land administered by the Bureau of Land Man8 agement that is located in that portion of Mono County 

9 that is within the Tribe’s ancestral homelands, sufficient 

10 to support the location of Tribal Government administra11 tion and services, economic development, and housing. 

12 (b) LAND INTO TRUST.—After the Secretary identi13 fies said land to meet the purposes so described, the Tribe 

14 shall request and the Secretary shall accept such lands 

15 into trust for the benefit of the Tribe. Nothing in this sec16 tion shall prevent the Secretary or the Tribe from acquir17 ing land, and the Secretary taking land into trust for the 

18 benefit of the Tribe, pursuant to section 5 of the Act of 

19 June 18, 1934 (25 U.S.C. 51108; commonly known as the 

20 Indian Reorganization Act). For purposes of acquisitions 

21 under such Act, the Tribe shall be deemed to have been 

22 under Federal jurisdiction in 1934. 

Æ 


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