H.R. 3535 — what changed
Ruffey Rancheria Restoration Act of 2018
From Introduced in House to Reported in House. 7 sections amended between Introduced in House and Reported in House.
Section 1 Short title
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This Act may be cited as the “Ruffey Rancheria Restoration Act of 2017”.2018”.
Sec. 2 Restoration of Federal recognition, rights, and privileges
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.
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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.Act. Such Federal treaties and other authority shall not include any treaty, Executive Order, agreement, statute or other authority entered into in the Territory or State of Oregon or affecting any tribe or band of Indians whose historical territory was located therein.
Federal services and benefits—
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.
Relation to other laws— The eligibility on the part of the Tribe and its members for, or receipt of, services and benefits under paragraph (1) 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—
any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act; or
any other benefit to which such tribe, household, or individual would otherwise be entitled under any Federal or federally assisted program.
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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.members, provided, that any such rights shall not extend into the Territory or State of Oregon.
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.
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Rights of the Quartz Valley Indian Reservation— Nothing in this Act shall be construed as infringing upon or diminishing the territorial rights or sovereignty of the Quartz Valley Indian Reservation.
Sec. 3 Transfer of land to be held in trust
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Lands To to be taken in trust— Upon application by the Tribe, the Secretary shall have the authority under this section to accept into trust for the benefit of the Tribe not more than 441 acres of real property located in Siskiyou County, California, 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.
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Former trust lands of the ruffey rancheria— Subject to the conditions specified in this section, real property eligible for trust status under this section shall include Indian owned fee land in Siskiyou County, California, that is held by persons listed as distributees or dependent members in the distribution plan approved by the Bureau of Indian Affairs and published in the Federal Register on April 11, 1961, or such distributees’ or dependent members’ Indian heirs or successors in interest.interest, provided, that such lands shall not include any lands located within the boundaries of the State of Oregon.
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Lands To to be part of the 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.
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Lands To 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. 4 Membership rolls
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.
Criteria for enrollments—
Preconstitution roll— Until a tribal constitution is adopted pursuant to section 6, an individual shall be placed on the Ruffey Rancheria membership roll if the individual is living, is not an enrolled member of another federally recognized Indian tribe, and if—
such individual’s name was listed on the Ruffey Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary and published in the Federal Register on April 11, 1961, under Public Law 85–671;
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such individual was not listed on, but met the requirements that had to be met to be listed on the Ruffey Rancheria distribution list;list; or
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such the individual is of Indian ancestry and enumerated on any documents prepared by or at the direction of the Bureau a lineal descendant of Indian Affairs for the Etna, Etna Mills, Fort Jones, Meamber, Ager, Bogus Creek, Hornbrook, Cleveland, an individual, living or Sunnyside Districts, Siskiyou County, California, vicinities, dead, identified in subparagraph (A) or on (B), and has never been an enrolled member of any Federal census for Etna, Etna Mills, or Etna Township, Siskiyou County, California; orother Federally recognized Indian tribe.
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the individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C).
Roll after adoption of constitution— After adoption of a tribal constitution under section 6, such tribal constitution shall govern membership in the Tribe.
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Conclusive proof of ruffey rancheria Indian ancestry— For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Ruffey Rancheria Indian ancestry. The Secretary shall accept as conclusive evidence of Ruffey Rancheria Indian ancestry information contained in the census of letter regarding certain lands purchased for the use of Ruffey and other Indians from near Etna, Fort Jones, Meamber, Cleveland, or Sunnyside Districts, Siskiyou County, California, vicinities, prepared sent by or at the direction of Special Indian Agent C. Charles E. Kelsey, in any roll or census of Etna, Etna Mills, Fort Jones, Ager, Bogus Creek, Hornbrook, or Salmon River Indians prepared by or at Special Agent for the direction of California Indians, to the Bureau Commissioner of Indian Affairs dated June 24, 1913; residence on or the U.S. Census, adjacent to lands purchased or leased in Siskiyou County, California, by Special Agent Charles E. Kelsey, provided that such lands were occupied by an individual with a bona fide relationship to the Ruffey Rancheria; and in the Ruffey Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary and published in the Federal Register on April 11, 1961.
Sec. 5 Interim government
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Until a new tribal constitution and bylaws are adopted and become effective under section 6, the governing body of the Tribe shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Executive Council of the Tribe on the date of the enactment of this Act, and the Interim Council shall continue to operate in the manner prescribed for the Executive Council under the tribal constitution of the Tribe adopted on December 19, 2014, as amended by Tribal Resolution 18-02, to the extent that such constitution is not contrary to Federal law. Any new members filling vacancies on the Interim Council shall meet the enrollment criteria set forth in section 4(b) and be elected in the same manner as are Executive Council members under the tribal constitution adopted December 19, 2014.2014, as amended by Tribal Resolution 18-02.
Sec. 7 Limitations on Indian gaming on acquired lands
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In addition to any other requirements under applicable Federal law, gaming conducted pursuant to an exception under subsection (b)(1)(B) of section 20(b)(1)(b) 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) shall not be conducted on any land taken into trust by the United States for the benefit of the Tribe unless the Secretary determines, on the date that the land is taken into trust, that the Tribe—that—
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the Tribe has received a written determination by the Secretary that the land is eligible to be used for gaming under section 20 of the Indian Gaming Regulatory Act; such section; and
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demonstrates—the land is located in the county of Siskiyou, California, 5 miles or less away from lands within such County taken into trust under section 3 of this Act.
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a substantial, direct, modern connection to the land taken into trust; and
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a substantial, direct, aboriginal connection to the land taken into trust.
Sec. 8 Definitions
For purposes of this Act:
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Tribe—Interim council— The term Tribe “Interim Council” means the Ruffey Rancheria governing body of California.the Tribe specified in section 6.
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Secretary—Member— The term Secretary “member” means the Secretary of any person meeting the Interior.enrollment criteria under section 4(b).
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Interim Council—Reservation— The term Interim Council “reservation” means those lands acquired and held in trust by the governing body Secretary for the benefit of the Tribe specified in pursuant to section 6.3.
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Member—Secretary— The term member “Secretary” means any person meeting the enrollment criteria under section 4(b).Secretary of the Interior.
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State—Service area— The term State “service area” means Siskiyou County in the State of California.California. Neither the Tribe’s service area nor its near-reservation area shall be extended into or located within the State of Oregon for any Federal or State program or service.
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Reservation—State— The term reservation “State” means those lands acquired and held in trust by the Secretary for the benefit State of the Tribe pursuant to section 3.California.
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Service area—Tribe— The term service area “Tribe” means the counties of Siskiyou and Shasta, in the State Ruffey Rancheria of California.
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Substantial, direct, modern connection to the land— The term substantial, direct, modern connection to the land means those lands within a 25-mile radius of land included in a request by the Tribe under section 3(a) made within 5 years following the date of the enactment of this Act.
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Substantial, direct, aboriginal connection to the land— The term substantial, direct, aboriginal connection to the land means those lands that the Secretary determines are within a 25-mile radius of culturally significant sites to the Tribe, the area in which the language of the Tribe was spoken; or the historical presence of the Tribe on the land.