I
105TH CONGRESS
2D SESSION
H. R. 4434
To restore Federal recognition to the Indians of the Graton Rancheria of
California.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1998
Ms. WOOLSEY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To restore Federal recognition to the Indians of the Graton
Rancheria of California.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Graton Rancheria Res-
toration Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In their 1997 Report to Congress, the Advi-
sory Council on California Indian Policy specifically
recommended the immediate legislative restoration
of the Graton Rancheria.
(2) The Federated Indians of Graton Rancheria
Tribal Council has made the express decision to re-
strict gaming consistent with the provisions of this
Act.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Tribe’’ means the Indians of the
Graton Rancheria of California.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘Interim Tribal Council’’ means
the governing body of the Tribe specified in section
7.
(4) The term ‘‘member’’ means an individual
who meets the membership criteria under section
6(b).
(5) The term ‘‘State’’ means the State of Cali-
fornia.
(6) The term ‘‘reservation’’ means those lands
acquired and held in trust by the Secretary for the
benefit of the Tribe.
(7) The term ‘‘service area’’ means the counties
of Marin and Sonoma, in the State of California.
the Tribe residing in the Tribe’s service area shall
be deemed to be residing on a reservation.
(2) RELATION TO OTHER LAWS.—The eligibility
for or receipt of services and benefits under para-
graph (1) by a tribe or individual shall not consid-
ered as income, resources, or otherwise when deter-
mining the eligibility for or computation of any pay-
ment or other benefit to such tribe, individual, or
household under—
(A) any financial aid program of the
United States, including grants and contracts
subject to the Indian Self-Determination Act; or
(B) any other benefit to which such tribe,
household, or individual would otherwise be en-
titled under any Federal or federally assisted
program.
(d) HUNTING, FISHING, TRAPPING, GATHERING,
AND WATER RIGHTS.—Nothing in this Act shall expand,
reduce, or affect in any manner any hunting, fishing, trap-
ping, gathering, or water rights of the Tribe and its mem-
bers.
(e) CERTAIN RIGHTS NOT ALTERED.—Except as
specifically provided in this Act, nothing in this Act shall
alter any property right or obligation, any contractual
right or obligation, or any obligation for taxes levied.
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN IN TRUST.—Upon applica-
tion by the Tribe, the Secretary shall accept into trust for
the benefit of the Tribe any real property located in Marin
or Sonoma County, California, for the benefit of the Tribe
after the property is conveyed or otherwise transferred to
the Secretary and if, at the time of such conveyance or
transfer, there are no adverse legal claims to such prop-
erty, including outstanding liens, mortgages, or taxes.
(b) FORMER
TRUST
LANDS
OF
THE
GRATON
RANCHERIA.—Subject to the conditions specified in this
section, real property eligible for trust status under this
section shall include Indian owned fee land held by persons
listed as distributees or dependent members in the dis-
tribution plan approved by the Secretary on September 17,
1959, or such distributees’ or dependent members’ Indian
heirs or successors in interest.
(c) LANDS TO BE PART OF RESERVATION.—Any
real property taken into trust for the benefit of the Tribe
pursuant to this Act shall be part of the Tribe’s reserva-
tion.
(d) GAMING RESTRICTED.—Notwithstanding sub-
section (c), real property taken into trust for the benefit
of the Tribe pursuant to this Act shall not be exempt
under section 20(b) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)).
(e) LANDS TO BE NONTAXABLE.—Any real property
taken into trust for the benefit of the Tribe pursuant to
this section shall be exempt from all local, State, and Fed-
eral taxation as of the date that such land is transferred
to the Secretary.
SEC. 6. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall, after consultation with the
Tribe, compile a membership roll of the Tribe.
(b) CRITERIA FOR MEMBERSHIP.—
(1) Until a tribal constitution is adopted under
section 8, an individual shall be placed on the
Graton membership roll if such individual is living,
is not an enrolled member of another federally rec-
ognized Indian tribe, and if—
(A) such individual’s name was listed on
the Graton Indian Rancheria distribution list
compiled by the Bureau of Indian Affairs and
approved by the Secretary of the Interior on
September 17, 1959, under Public Law 85–
671;
(B) such individual was not listed on the
Graton Indian Rancheria distribution list, but
met the requirements that had to be met to be
listed on the Graton Indian Rancheria distribu-
tion list;
(C) such individual is identified as an In-
dian from the Graton, Marshall, Bodega,
Tomales, or Sebastopol, California, vicinities, in
documents prepared by or at the direction of
the Bureau of Indian Affairs, or in any other
public or California mission records; or
(D) such individual is a lineal descendant
of an individual, living or dead, identified in
subparagraph (A), (B), or (C).
(2) After adoption of a tribal constitution under
section 8, such tribal constitution shall govern mem-
bership in the Tribe.
(c) CONCLUSIVE PROOF OF GRATON INDIAN ANCES-
TRY.—For the purpose of subsection (b), the Secretary
shall accept any available evidence establishing Graton In-
dian ancestry. The Secretary shall accept as conclusive
evidence of Graton Indian ancestry information contained
in the census of the Indians from the Graton, Marshall,
Bodega, Tomales, or Sebastopol, California, vicinities, pre-
pared by or at the direction of Special Indian Agent John
J. Terrell in any other roll or census of Graton Indians
prepared by or at the direction of the Bureau of Indian
Affairs and in the Graton Indian Rancheria distribution
list compiled by the Bureau of Indian Affairs and ap-
proved by the Secretary on September 17, 1959.
SEC. 7. INTERIM GOVERNMENT.
Until the Tribe ratifies a final constitution consistent
with section 8, the Tribe’s governing body shall be an In-
terim Tribal Council. The initial membership of the In-
terim Tribal Council shall consist of the members serving
on the date of enactment of this Act, who have been elect-
ed under the tribal constitution adopted May 3, 1997. The
Interim Tribal Council shall continue to operate in the
manner prescribed under such tribal constitution. Any va-
cancy on the Interim Tribal Council shall be filled by indi-
viduals who meet the membership criteria set forth in sec-
tion 6(b) and who are elected in the same manner as are
Tribal Council members under the tribal constitution
adopted May 3, 1997.
SEC. 8. TRIBAL CONSTITUTION.
(a) ELECTION; TIME; PROCEDURE.—After the com-
pilation of the tribal membership roll under section 6(a),
upon the written request of the Interim Council, the Sec-
retary shall conduct, by secret ballot, an election for the
purpose of ratifying a final constitution for the Tribe. The
election shall be held consistent with sections 16(c)(1) and
16(c)(2)(A) of the Act of June 18, 1934 (commonly
known as the Indian Reorganization Act; 25 U.S.C.
476(c)(1) and 476(c)(2)(A), respectively). Absentee voting
shall be permitted regardless of voter residence.
(b) ELECTION
OF
TRIBAL
OFFICIALS; PROCE-
DURES.—Not later than 120 days after the Tribe ratifies
a final constitution under subsection (a), the Secretary
shall conduct an election by secret ballot for the purpose
of electing tribal officials as provided in such tribal con-
stitution. Such election shall be conducted consistent with
the procedures specified in subsection (a) except to the
extent that such procedures conflict with the tribal con-
stitution.
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