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108th CONGRESS
2d Session
S. 2936
To restore land to the Enterprise Rancheria to rectify an inequitable
taking of the land.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7, 2004
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To restore land to the Enterprise Rancheria to rectify an inequitable
taking of the land.
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 ``Enterprise Rancheria Land
Restoration Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Enterprise Rancheria is 1 of several Federally
recognized tribes of Maidu Indians in the State of California
that function under a government-to-government relationship
with the Federal Government;
(2) the Maidu people lived for thousands of years along the
watershed of the Feather River drainage area in north central
California, near what is now known as the Sacramento Valley
floor, and near the confluence of the south, middle, north, and
west branches of the Feather River;
(3) in 1916, pursuant to section 3 of the Act of August 1,
1914 (38 Stat. 589, chapter 222), and other Federal laws
relating to homeless Indians, a parcel of land comprising
approximately 40.64 acres was purchased for Enterprise
Rancheria;
(4) in 1915, the Secretary of the Interior developed a
census of approximately 51 Maidu Indians, which is now used for
the purpose of establishing the base membership roll for the
Enterprise Rancheria;
(5) Enterprise Rancheria has been continuously federally
recognized since 1915 and was again recognized by virtue of
voting in an election on June 12, 1935, pursuant to section 19
of the Act of June 18, 1934 (commonly known as the ``Indian
Reorganization Act'') (48 Stat. 984, chapter 576);
(6) Enterprise Rancheria has a constitution recognized by
the Bureau of Indian Affairs, a functioning governing body, and
approximately 664 enrolled members;
(7) on August 20, 1964, Public Law 88-453 was enacted,
which authorized the Secretary of the Interior to sell
Enterprise Rancheria No. 2 parcel to the State of California
for the approximate sum of $12,196, for the sole purpose of
construction of Oroville Dam;
(8) the State of California requested the law described in
paragraph (7) because Enterprise Rancheria No. 2 parcel would
be within the reservoir area of the Oroville Dam, an important
element of the California water plan;
(9) as a result of Public Law 88-453, Enterprise Rancheria
No. 2 parcel is nearly all under water within the reservoir of
the Oroville Dam;
(10) pursuant to Public Law 88-453, $11,175 was paid as
consideration for the 40.46 acres of Enterprise Rancheria No. 2
parcel, along with $1,020 for appraised personal property, for
a total purchase price of $12,196.00;
(11) the payment was distributed to 4 individuals, Henry B.
Martin, Vera Martin Kiras, Stanley Martin, and Ralph G. Martin,
who received a pro rata share of the proceeds;
(12) the remaining heirs and members of the Tribe received
no compensation for the sale of the land;
(13) subsequent to the sale of the Enterprise Rancheria No.
2 parcel, the Enterprise Rancheria members, having lost their
homes, community, and traditional homeland, were forced to
scatter throughout the surrounding foothill communities and the
Sacramento Valley area, which has caused a continuing decay of
their culture, language, and traditions;
(14) recognizing that the final resolution of any equitable
compensation claims based on the inequitable taking of
Enterprise Rancheria No. 2 parcel will take many years and
entail great expense to all parties, rectifying the loss of the
Enterprise Rancheria is imperative at this time;
(15) the uncertainty as to the availability of Enterprise
Rancheria land taken in 1964 should be settled as soon as
practicable to avoid further damage to the long-term economic,
social, cultural planning, and development of the Enterprise
Rancheria;
(16) to advance and fulfill the goals of Federal Indian
policy and the responsibility of the United States to protect
the land base and members of Enterprise Rancheria, it is
appropriate that the United States participate in the
implementation of restoring the land in accordance with this
Act; and
(17) this Act settles all claims Enterprise Rancheria may
have regarding any equitable compensation based on the taking
of the original Enterprise Rancheria No. 2 parcel in 1964.
(b) Purposes.--The purposes of this Act are--
(1) to rectify an inequitable taking of land owned by
Enterprise Rancheria, specifically that parcel known as
Enterprise Rancheria No. 2 parcel, which comprised
approximately 40.64 acres, in a manner that is consistent with
the trust responsibility of the United States toward Federally
recognized Indian tribes;
(2) to restore land to the Enterprise Rancheria and improve
the socioeconomic, cultural, and traditional aspects of the
Maidu people of the Enterprise Rancheria, through land that can
be used for economic development to improve the social,
cultural, governmental, educational, health, and general
welfare of Enterprise Rancheria and members of the Enterprise
Rancheria; and
(3) to require that land not to exceed 41 acres acquired by
Enterprise Rancheria within the 40-mile radius of Enterprise
Rancheria No. 2 parcel and within the Estom Yumeka Maidu aboriginal
boundaries, if approved for trust status pursuant to part 151 of title
25, Code of Federal Regulations (or a successor regulation), be treated
for all legal purposes as the restoration of land for an Indian tribe
that is restored to Federal recognition.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aboriginal boundaries.--The term ``aboriginal
boundaries'' means the boundaries of the land occupied and
possessed by the Maidu people prior to conquest, as a defined
area of what is now California, designated as the land near and
around the confluence of the Feather River within the
Sacramento Valley.
(2) Acquired land.--The term ``acquired land'' means that
land purchased on or after the date of enactment of this Act to
restore land taken from the Enterprise Rancheria for the State
of California, pursuant to Public Law 88-453.
(3) Enterprise rancheria.--The term ``Enterprise
Rancheria'' means the Rancheria Tribe that was federally
recognized on April 20, 1915, with a governing constitution,
approved April 12, 1995.
(4) Enterprise rancheria no. 2 parcel.--The term
``Enterprise Rancheria No. 2 parcel'' means the original 40.64
acre land base parcel belonging to the Maidu Indians that was
established and purchased by the United States and placed in
trust status for the homeless Maidu people in the area of the
parcel.
(5) Feather river drainage area.--The term ``Feather River
drainage area'' means the area near and around the confluence
of the south, middle, north, and west branches of the Feather
River and drainage area below the confluence.
(6) Rancheria act.--The term ``Rancheria Act'' means Public
Law 85-671 (commonly known as the ``California Rancheria
Act''), which terminated 38 California Rancherias.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Trust status.--The term ``trust status'' means the
status of land, the title of which is held by the United States
on behalf and for the beneficial use of recognized Indian
tribes in accordance with part 151 of title 25, Code of Federal
Regulations (or a successor regulation).
SEC. 4. PLACEMENT OF ACQUIRED LAND IN TRUST STATUS.
The Secretary may place into trust status not to exceed 41 acres of
land of the Enterprise Rancheria, if the land is approved for trust
status.
SEC. 5. REPLACEMENT LAND.
(a) Purchase.--To restore the Enterprise Rancheria No. 2 parcel,
the Enterprise Rancheria may purchase not to exceed 41 acres of
replacement land within the 40-mile radius of Enterprise Rancheria No.
2 parcel and within the aboriginal boundaries of the Estom Yumeka
Maidu.
(b) Trust Status.--The Secretary may place the replacement land
into trust status, the title to which shall be held in trust by the
United States for the benefit of Enterprise Rancheria, if all Federal
requirements of placing the land into trust status are satisfied.
(c) Treatment of Replacement Land.--The acquisition of land under
subsection (a) shall be treated as the restoration of land for an
Indian tribe that is recognized by the Federal Government.
SEC. 6. EFFECT ON TRUST STATUS.
This Act does not limit the authority of the Secretary to approve
or deny any land application for trust status.
SEC. 7. FULL SATISFACTION OF CLAIMS.
On the placement of the land described in section 5 into trust
status, the Enterprise Rancheria shall be considered to have
relinquished all equitable compensation claims the Enterprise Rancheria
may have against the United States and the State of California arising
from the sale of Enterprise Rancheria No. 2 parcel.
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