[DOCID: f:sr208.110]
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Calendar No. 452
110th Congress Report
SENATE
1st Session 110-208
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TO AMEND THE OMNIBUS INDIAN ADVANCEMENT ACT TO MODIFY THE DATE AS OF
WHICH CERTAIN TRIBAL LAND OF THE LYTTON RANCHERIA OF CALIFORNIA IS
DEEMED TO BE HELD IN TRUST AND TO PROVIDE FOR THE CONDUCT OF CERTAIN
ACTIVITIES ON THE LAND
_______
October 26, 2007.--Ordered to be printed
_______
Mr. Dorgan, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 1347]
The Committee on Indian Affairs, to which was referred the
bill (S. 1347) to amend the Omnibus Indian Advancement Act to
modify the date as of which certain tribal land of the Lytton
Rancheria of California is deemed to be held in trust and to
provide for the conduct of certain activities on the land,
having considered the same, reports favorably thereon and
recommends that the bill do pass.
Purpose
The purpose of S. 1347 is to require the Lytton Rancheria
of California to go through the administrative process set
forth in the Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701
et. seq. (``IGRA''), before engaging in class III gaming on
land acquired in trust for the Lytton Rancheria of California
in the City of San Pablo, California pursuant to Public Law
106-568.
Background
A. THE LYTTON RANCHERIA
The Lytton Rancheria of California is a federally
recognized Indian tribe. During the termination policy era of
the 1950's, Congress attempted to terminate its federal trust
relationship with the Lytton Rancheria of California and
transferred title to the Tribe's land to individual tribal
members. Subsequently, the land was conveyed to non-Indians.
In the 1980's, the Lytton Rancheria of California joined a
lawsuit against the Bureau of Indian Affairs challenging its
termination. Finding that the government did not meet the
conditions called for in the termination statute to make
termination effective, a federal court approved a settlement of
the case in 1991.
The settlement restored the Lytton Rancheria of California
to its pre-termination status, but failed to return the Tribe's
original lands or give the Tribe any other land. The settlement
also required that any gaming the Lytton Rancheria of
California conducted in the area around their original
Rancheria be in conformance with the Sonoma County general plan
for land use.
B. PUBLIC LAW 106-568, SECTION 819
The Sonoma County general plan for land use prohibited the
Lytton Rancheria of California from conducting gaming in the
area of the Tribe's original reservation. Thus, the Tribe
sought land elsewhere for the development of a gaming facility.
The Tribe acquired an existing card room and the nine and one-
half acre property it was located on, in the City of San Pablo,
California, twenty miles from the city of San Francisco. Since
acquiring the land, the Tribe has significantly remodeled the
card room into a gaming facility at which the Tribe conducts
class II gaming activities. Elected officials in the City of
San Pablo supported and continue to support, the Tribe's gaming
facility.
In 2000, a provision sought by Congressman George Miller,
whose district includes the city of San Pablo, was included in
the Omnibus Indian Advancement Act of 2000 (P.L. 106-568). The
provision directed the Secretary of the Interior to take the
land acquired by the Lytton Rancheria of California in the city
of San Pablo into trust, and deem the land to have been held in
trust prior to October 17, 1988 (the date IGRA was enacted).
IGRA restricts gaming on lands acquired after October 17, 1988.
Legislative History
S. 1347 was introduced on May 9, 2007 by Senator Feinstein
and was referred to the Committee on Indian Affairs. On
September 27, 2007, the Committee held an open business meeting
at which it voted to favorably report S. 1347 to the full
Senate with a recommendation that the bill do pass.
Committee Recommendation and Tabulation of Vote
On September 27, 2007, the Committee on Indian Affairs
convened a business meeting to consider S. 1347 and other
measures, and voted to have the bill favorably reported to the
full Senate, without amendment, with recommendation that the
bill do pass.
Summary of Major Provisions
S. 1347 would modify the date when certain tribal lands of
the Lytton Rancheria of California were deemed to have been
taken into trust status. The bill amends the statutory language
contained in the Omnibus Indian Advancement Act of 2000, which
deemed that certain lands of the Lytton Rancheria of California
were held in trust and part of the reservation prior to the
adoption of the Indian Gaming Regulatory Act (IGRA) in 1988.
S. 1347 amends this language to state that for class II
gaming purposes, the land owned by the Tribe in San Pablo is
deemed to be held in trust prior to October 17, 1988.
Accordingly, with this new designation, the Tribe does not have
to go through the administrative process to have lands taken
into trust in order to conduct class II gaming on the land
pursuant to IGRA.
However, S. 1347 states that for class III gaming purposes,
the land owned by the Tribe in San Pablo is deemed to have been
acquired by the Tribe on October 9, 2003. Therefore, the Tribe
would have to go through the administrative process pursuant to
IGRA before it could conduct class III gaming on its lands.
This is because the land would be deemed to have been acquired
after the enactment of IGRA.
Thus, S. 1347 would allow the Tribe to continue class II
gaming on its lands in San Pablo, but require the Tribe to go
through the administrative process required by IGRA before it
could conduct class III gaming on the lands.
S. 1347 also prohibits the expansion of the exterior
physical measurements of any facility on the Lytton Rancheria
in use for class II gaming activities on the date of enactment
of this paragraph.
S. 1347 is only applicable to certain lands held in trust
by the Lytton Rancheria of California and has no impact on
other lands owned by the Tribe or lands owned by other Indian
tribes.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated October 11, 2007, was
prepared for S. 1347:
S. 1347--A bill to amend the Omnibus Indian Advancement Act to modify
the date as of which certain tribal land of the Lytton
Rancheria of California is deemed to be held in trust and to
provide for the conduct of certain activities on the land
This bill would amend the Omnibus Indian Advancement Act
(Public Law 106-568) that ordered the Department of the
Interior (DOI) to take land into trust for the Lytton Rancheria
of California. That legislation contained a provision that
deemed the trust status of that land to be retroactive,
effectively permitting the tribe to install electronic bingo
machines or slot machines without meeting the conditions
imposed by section 20 of the Indian Gaming Regulatory Act
(IGRA). Section 20 requires additional regulatory review and
approval by DOI and the appropriate governor as well as
consultation with local communities. S. 1347 would delete that
provision of the 2000 act, authorize certain gaming activities
on the trust land, restrict the tribe's ability to expand the
current facility, and make the tribe subject to section 20 of
IGRA if it chooses to pursue other types of gambling.
Based on information from DOI and the National Indian
Gaming Commission, CBO estimates that implementing S. 1347
would have no significant impact on the federal budget.
Enacting the bill would not affect revenues or direct spending.
S. 1347 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA) because it would make
the Lytton Band of Indians subject to additional requirements
under federal law in order to have certain gaming activities on
tribal trust lands. However, based on information from tribal
representatives, CBO expects that the costs to comply with that
mandate, if any, would be small and would not exceed the
threshold established in UMRA ($64 million in 2007, adjusted
annually for inflation).
By making the Lytton Rancheria land subject to section 20
of IGRA, this bill would significantly affect the Rancheria's
gaming operations only if the tribe intended to expand its
current facility or pursue other types of gambling on the trust
land. Tribal representatives indicate, however, that they
currently have no such plans to expand or pursue new
operations. If S. 1347 is enacted, the tribe would be allowed
to continue operating its existing facility; thus, it would not
lose revenue as a result of the mandates contained in this
bill.
The bill contains no new private-sector mandates as defined
in UMRA.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs), and Melissa Merrell (for the
impact on state, local, and tribal governments). This estimate
was approved by Theresa Gullo, Deputy Assistant Director for
Budget Analysis.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 1347.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill evaluate
the regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee has concluded that the
regulatory and paperwork impacts of S. 1347 should be de
minimis.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1347, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new language to be added in italic, existing law to
which no change is proposed is shown in roman):
OMNIBUS INDIAN ADVANCEMENT ACT
* * * * * * *
SEC. 819. LAND TO BE TAKEN INTO TRUST.
[Notwithstanding] (a) Acceptance of Land._Notwithstanding
any other provision of law, the Secretary of the Interior shall
accept for the benefit of the Lytton Rancheria of California
the land described in that certain grant deed dated and
recorded on October 16, 2000, in the official records of the
County of Contra Costs, California, Deed Instrument Number
2000-229754.
[The Secretary] (b) Declaration._The Secretary shall
declare that such land is held in trust by the United States
for the benefit of the Rancheria and that such land is part of
the reservation of such Rancheria under sections 5 and 7 of the
Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 467).
[Such land shall be deemed to have been held in trust and
part of the reservation of the Rancheria prior to October 17,
1988.]
(c) Treatment of Land for Purposes of Class II Gaming.--
(1) In general.--Subject to paragraph (2),
notwithstanding any other provision of law, the Lytton
Rancheria of California may conduct activities for
class II gaming (as defined in section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. Sec. 2703) on the land
taken into trust under this section.
(2) Requirement.--The Lytton Rancheria of California
shall not expand the exterior physical measurements of
any facility on the Lytton Rancheria in use for class
II gaming activities on the date of enactment of this
paragraph.
(d) Treatment of Land for Purposes of Class III Gaming.--
Notwithstanding subsection (a), for purposes of class III
gaming (as defined in section 4 of the Indian Gaming Regulatory
Act (25 U.S.C. Sec. 2703)), the land taken into trust under
this section shall be treated, for purposes of section 20 of
the Indian Gaming Regulatory Act (25 U.S.C. Sec. 2719), as if
the land was acquired on October 9, 2003, the date on which the
Secretary took the land into trust.
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