[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6859 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6859
To extend the Federal recognition to the Gabrielino/Tongva Nation, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2023
Ms. Kamlager-Dove introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To extend the Federal recognition to the Gabrielino/Tongva Nation, and
for other purposes.
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 ``Gabrielino/Tongva Nation Recognition
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an individual who is
a citizen of the Tribe pursuant to the Tribe's Constitution,
enacted February 17, 2007, and who is enrolled in the Tribe
pursuant to section 7 of this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Gabrielino/Tongva
Nation, also known as Gabrielino-Tongva Indian Tribe and the
Gabrielino-Tongva Tribe.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The traditional homelands of the Gabrielino/Tongva
Nation are the Los Angeles Basin and the islands of Santa
Catalina, San Nicholas, San Clemente, and Santa Barbara, from
Topanga Canyon to Laguna Beach, from the San Gabriel Mountains
to the sea. Over 2,000 archaeological sites in the in the Los
Angeles County Basin attest to the longevity of Gabrielino/
Tongva presence in their homelands.
(2) In 1891, in response to the impoverished conditions
experienced by Indian Tribes sent to the California missions,
Congress passed the Act of January 12, 1891 (26 Stat. 711)
commonly known as the Mission Indian Relief Act, which created
a special Indian agency with trust responsibilities over
``Mission Indians'' in California, including the Gabrielino/
Tongva.
(3) In 1928, members of the Gabrielino/Tongva community,
many of whom were then living in their traditional homelands in
the Los Angeles Basin, enrolled during the California Indian
census taken pursuant to the Act of May 18, 1928 (45 Stat.
602), which identified them as ``Mission San Gabriel'' or
``Gabrielino'' Indians and under the Federal jurisdiction of
the Mission Indian Agency in Riverside, California.
(4) In 1952, a congressional report named the Gabrielino/
Tongva, known at that time as ``Gabrieleno or San Gabriel
Indians,'' as one of the Indian Tribes or bands identified in
dealings with the Bureau of Indian Affairs (82d Cong., 2d
sess., House, Report No. 2503).
(5) In 1972, Gabrielino/Tongva people received settlement
funds from the judgment of the Indian Claims Commission in
Docket 80 and 80-D under the Act of September 21, 1968 (Public
Law 90-507; 82 Stat. 860).
(6) In 1994, the State of California recognized the Tongva
in Assembly Joint Resolution 96, chaptered by the California
Secretary of State as Resolution chapter 146, Statutes of 1994.
The Joint Resolution states that the State of California
``recognizes the Gabrielinos as the aboriginal tribe of the Los
Angeles Basin and takes great pride in recognizing the Indian
inhabitance of the Los Angeles Basin and the continued
existence of the Indian community''.
(7) In 1999, the Coastal Gabrielino-Diegueno Band of
Mission Indians, the legal predecessor to the Gabrielino/Tongva
Nation, filed evidence of its members' Gabrielino ancestry with
the Bureau of Indian Affairs, using certificates of degree of
Indian blood prepared by the Act of September 21, 1968.
(8) In 2001, the Coastal Gabrielino-Diegueno Band of
Mission Indians reorganized, ultimately changing its name to
the Gabrielino/Tongva Nation, and opening enrollment to
individuals with Gabrielino ancestry certified by the Bureau of
Indian Affairs.
(9) In 2013, the Los Angeles City Council, in Resolution
13-1285, declared its support of the Gabrielino/Tongva Nation
in its efforts to restore a government-to-government
relationship with the United States.
(10) In 2019, the Superior Court for the County of Los
Angeles found that the Gabrielino/Tongva Nation was the legal
successor in interest to the Coastal Gabrielino-Diegueno Band
of Mission Indians.
(11) The Gabrielino/Tongva Nation presently has a
membership of more than 700 Tribal citizens, all of whom
descend from a bona fide Gabrielino/Tongva ancestor enumerated
on a California Indian Roll prepared by Bureau of Indian
Affairs pursuant to the Act of May 18, 1928, Act of May 24,
1950 (64 Stat. 189), and Act of September 21, 1968, and whose
ancestors have received Indian services, including education or
health care, based upon their status as Indians.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is extended to the Tribe.
(b) Effect of Federal Laws.--Except as otherwise provided in this
Act, all Federal laws (including regulations) of general application to
Indians and Indian Tribes, including the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization
Act''), shall apply to the Tribe and each member.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--Beginning on the date of enactment of this Act,
the Tribe and each member shall be eligible for all services and
benefits provided by the United States to Indians and federally
recognized Indian Tribes, without regard to--
(1) the existence of a reservation for the Tribe; or
(2) the location of the residence of any member on or near
an Indian reservation.
(b) Service Area.--For purposes of the delivery of services and
benefits to members, and in regard to land and the transfer of land as
set forth in section 8 of this Act, the service area of the Tribe shall
be considered to be the area comprised of Los Angeles County, in the
State of California. Such services and benefits shall be provided
notwithstanding the establishment of a reservation or acquisition of
additional land after the date of enactment of this Act.
SEC. 6. REAFFIRMATION OF RIGHTS.
(a) In General.--Nothing in this Act diminishes any right or
privilege of the Tribe or any member that existed before the date of
enactment of this Act.
(b) Claims of Tribe.--Except as otherwise provided in this Act,
nothing in this Act alters or affects any legal or equitable claim of
the Tribe to enforce any right or privilege reserved by, or granted to,
the Tribe that was wrongfully denied to, or taken from, the Tribe
before the date of enactment of this Act.
SEC. 7. MEMBERSHIP ROLL.
(a) In General.--The Tribe shall submit to the Secretary within
thirty days after the date of enactment of this Act, a membership roll
consisting of the name of each individual enrolled as a member of the
Tribe.
(b) Determination of Membership.--The qualifications for inclusion
on the membership roll of the Tribe shall be determined in accordance
with the Tribe's Constitution, enacted February 17, 2007, any
amendments or changes to the Constitution, or Tribal laws pertaining to
membership. Upon receipt of the roll, the Secretary shall immediately
publish notice of such in the Federal Register.
(c) Maintenance of Roll.--The Tribe shall have the sole authority
and responsibility to maintain the membership roll of the Tribe.
SEC. 8. TRANSFER OF LAND.
(a) Initial Resevation.--Within ninety days from the date of
enactment of this Act, and notwithstanding any other provision of law,
the Secretary shall acquire and take into trust for the benefit of the
Tribe title to land identified by the Tribe that is located within the
service area of the Tribe, not to exceed 300 acres.
(b) Eligibility.--Lands taken into trust will be deemed part of the
restoration of lands for an Indian Tribe that is restored to Federal
recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming
Regulatory Act (25 U.S.C. 2719(b)(1)(B)(iii)).
(c) Additional Lands.--The Secretary may acquire additional land
for the benefit of the Tribe pursuant to section 5 of the Act of June
18, 1934 (25 U.S.C. 5108) (commonly known as the ``Indian
Reorganization Act'').
(d) Tribal Fee Lands.--Notwithstanding any other provision of law,
without further approval, ratification, or authorization by the United
States, the Tribe may lease, sell, convey, warrant, or otherwise
transfer all or any part its interest in any real property that is (1)
not located within the exterior boundaries of the Reservation, and (2)
not held in trust by the United States for the benefit of the Tribe.
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