To restore land to the Enterprise Rancheria to rectify an inequitable taking of the land.

October 7, 2004

Mr. CAMPBELL introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

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.

END