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106TH CONGRESS
2D SESSION
H. R. 4338
To restore the reservation lands of the Elk Valley Band of Indians of the
Elk Valley Rancheria of California, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. THOMPSON of California introduced the following bill; which was referred
to the Committee on Resources
A BILL
To restore the reservation lands of the Elk Valley Band
of Indians of the Elk Valley Rancheria of California,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Elk Valley Land Restoration Act’’.
(b) FINDINGS.—Congress finds the following:
(1) In Hardwick v. United States of America,
United States District Court, Northern District of
California, Case No. C–79–1710–SW, the Court de-
clared that the plaintiff Elk Valley Rancheria ‘‘were
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never and are not now lawfully terminated under the
California Rancheria Act of August 18, 1958 (72
Stat. 619), as amended by the Act of August 11,
1964 (78 Stat. 390), in that the requirements of
section 3 of that Act were not fulfilled prior to the
conveyance of the deeds to the Rancheria Parcels’’.
(2) As a direct result of its unlawful termi-
nation and subsequent conveyance of Rancheria par-
cels to third parties, the United States no longer
owns any lands in trust for the Elk Valley Band.
(3) The Court held that ‘‘as a consequence, (it)
has authority as a court of equity to remedy the ef-
fects of the premature and unlawful termination of
the plaintiff Rancherias’’.
(4) Pursuant to the Court’s judgment, the Sec-
retary of the Interior published a notice in the Fed-
eral Register (Vol. 63, No. 250, December 30, 1998)
acknowledging that the United States maintains a
government-to-government relationship with the Elk
Valley Band of Indians of the Elk Valley Rancheria
of California.
(5) Recognizing the special trust relationship
between the United States and the Elk Valley Band
and acknowledging that the United States was re-
sponsible for the premature and unlawful termi-
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nation of the Elk Valley Band’s reservation, the
United States has an obligation to restore a reserva-
tion for the Band.
(6) The best means of accomplishing this goal
is to require the Secretary of the Interior to take
title to lands acquired by the Elk Valley Band in Del
Norte County, California, in the name of the United
States of America in trust for the Band subject to
the provisions of this Act.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) TRIBE.—The term ‘‘Tribe’’ means the Elk
Valley Band of Indians of the Elk Valley Rancheria
of California.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN IN TRUST.—The Secretary
shall accept title to and take into trust for the benefit of
the Tribe any real property located in Del Norte County,
California, if—
(1) such property is conveyed or otherwise
transferred to the Secretary by or for the benefit of
the Tribe; and
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(2) at the time of such conveyance or transfer,
there are no adverse legal claims to such property,
including outstanding liens, mortgages, or taxes
owed.
(b) LANDS TO BE PART OF RESERVATION.—Any
real property taken into trust pursuant to subsection (a)
shall be considered part of the Tribe’s initial reservation.
(c) SERVICE AREA.—For the purposes of the delivery
of Federal services to enrolled members of the Tribe, the
Tribe’s service area shall be deemed to be the area com-
prised of Del Norte County, California.
SEC. 4. GENERAL PROVISION.
The Secretary may promulgate such regulations as
may be necessary to carry out the provisions of this Act.
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