Home > 106th Congressional Bills > H.R. 946 (ih) To restore Federal recognition to the Indians of the Graton Rancheria of California. [Introduced in House] ...H.R. 946 (ih) To restore Federal recognition to the Indians of the Graton Rancheria of California. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 946
_______________________________________________________________________
AN ACT
To restore Federal recognition to the Indians of the Graton Rancheria
of California.
106th CONGRESS
2d Session
H. R. 946
_______________________________________________________________________
AN ACT
To restore Federal recognition to the Indians of the Graton Rancheria
of California.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graton Rancheria Restoration Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In their 1997 Report to Congress, the Advisory 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 restrict 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 California.
(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.
SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Federal recognition is hereby restored to
the Tribe. Except as otherwise provided in this Act, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this Act shall be applicable to the Tribe and its members.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost under the Act
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby
restored, and the provisions of such Act shall be inapplicable to the
Tribe and its members after the date of the enactment of this Act.
(c) Federal Services and Benefits.--
(1) In general.--Without regard to the existence of a
reservation, the Tribe and its members shall be eligible, on
and after the date of the enactment of this Act for all Federal
services and benefits furnished to federally recognized Indian
tribes or their members. For the purposes of Federal services
and benefits available to members of federally recognized
Indian tribes residing on a reservation, members of 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 paragraph (1) by a tribe or
individual shall not be considered as income, resources, or
otherwise when determining the eligibility for or computation
of any payment 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 entitled
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, trapping, gathering, or water rights of the Tribe and
its members.
(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 application 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 property, 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 distribution
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 reservation.
(d) Gaming Restricted.--Notwithstanding subsection (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 Federal 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 recognized 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 distribution list;
(C) such individual is identified as an Indian 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 membership in the
Tribe.
(c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of
subsection (b), the Secretary shall accept any available evidence
establishing Graton Indian 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, prepared 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 approved 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 Interim Tribal
Council. The initial membership of the Interim Tribal Council shall
consist of the members serving on the date of the enactment of this
Act, who have been elected 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 vacancy on the
Interim Tribal Council shall be filled by individuals who meet the
membership criteria set forth in section 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 compilation of the tribal
membership roll under section 6(a), upon the written request of the
Interim Council, the Secretary 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; Procedures.--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
constitution. Such election shall be conducted consistent with the
procedures specified in subsection (a) except to the extent that such
procedures conflict with the tribal constitution.
Passed the House of Representatives June 19, 2000.
Attest:
Clerk.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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