,,ib ,union ,calendar ,no4 #hdc #aaeth ,,congress #b;d ,session ,h4 ,r4 #cece ,report ,no4 #aae-ajhg ,,in ,,the ,,house ,,of ,,representatives ,july #bh1 #bjag ,mr4 ,la,malfa introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #bj1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,july #bh1 #bjag ,a ,,bill ,to restore ,federal recognition to the ,ruffey ,rancheria of ,california1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ruffey ,rancheria ,restoration ,act of #bjah4 #b4 ,restoration of ,federal recognition1 rights1 and privileges 7a7 ,federal recognition ,federal recognition is hereby restored to the ,tribe4 ,except as otherwise provided in this ,act1 all laws and regulations of general application to ,indians and nations1 tribes1 or bands of ,indians that are not inconsistent with any specific provision of this ,act shall be applicable to the ,tribe and its members4 7b7 ,restoration of rights and privileges ,except as provided in subsection 7d71 all rights and privileges of the ,tribe and its members under any ,federal treaty1 ,executive order1 agreement1 or statute1 or under any other authority which were diminished or lost under the ,act of ,august #ah1 #aieh 7,public ,law #he-fga2 #gb ,stat4 #fai71 are hereby restored1 and the provisions of such ,act shall be inapplicable to the ,tribe and its members after the date of the enactment of this ,act4 ,such ,federal treaties and other authority shall not include any treaty1 ,executive ,order1 agreement1 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 therein4 7c7 ,federal services and benefits 7#a7 ,in general ,without regard to the existence of a reservation1 the ,tribe and its members shall be eligible1 on and after the date of the enactment of this ,act1 for all ,federal services and benefits furnished to federally recognized ,indian ,tribes or their members4 ,for the purposes of ,federal services and benefits available to members of federally recognized ,indian tribes residing on a reservation1 members of the ,tribe residing in the ,tribe's service area shall be deemed to be residing on a reservation4 7#b7 ,relation to other laws ,the eligibility on the part of the ,tribe and its members for1 or receipt of1 services and benefits under paragraph 7#a7 shall not be considered as income1 resources1 or otherwise when determining the eligibility for or computation of any payment or other benefit to such tribe1 individual1 or household under-- 7,a7 any financial aid program of the ,united ,states1 including grants and contracts subject to the ,indian ,self-,determination ,act2 or 7,b7 any other benefit to which such tribe1 household1 or individual would otherwise be entitled under any ,federal or federally assisted program4 7d7 ,hunting1 fishing1 trapping1 gathering1 and water rights ,nothing in this ,act shall expand1 reduce1 or affect in any manner any hunting1 fishing1 trapping1 gathering1 or water rights of the ,tribe and its members1 provided1 that any such rights shall not extend into the ,territory or ,state of ,oregon4 7e7 ,certain rights not altered ,except as specifically provided in this ,act1 nothing in this ,act shall alter any property right or obligation1 any contractual right or obligation1 or any obligation for taxes levied4 7f7 ,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 ,reservation4 #c4 ,transfer of land to be held in trust 7a7 ,lands to be taken in trust ,upon application by the ,tribe1 the ,secretary shall have the authority under this section to accept into trust for the benefit of the ,tribe real property located in ,siskiyou ,county1 ,california1 after the property is conveyed or otherwise transferred to the ,secretary and if1 at the time of such conveyance or transfer1 there are no adverse legal claims to such property1 including outstanding liens1 mortgages1 or taxes4 7b7 ,former trust lands of the ruffey rancheria ,subject to the conditions specified in this section1 real property eligible for trust status under this section shall include ,indian owned fee land in ,siskiyou ,county1 ,california1 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 #aa1 #aifa1 or such distributees' or dependent members' ,indian heirs or successors in interest1 provided1 that such lands shall not include any lands located within the boundaries of the ,state of ,oregon4 7c7 ,lands 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 reservation4 7d7 ,lands to be nontaxable ,any real property taken into trust for the benefit of the ,tribe pursuant to this section shall be exempt from all local1 ,state1 and ,federal taxation as of the date that such land is transferred to the ,secretary4 #d4 ,membership rolls 7a7 ,compilation of tribal membership roll ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall1 after consultation with the ,tribe1 compile a membership roll of the ,tribe4 7b7 ,criteria for enrollments 7#a7 ,preconstitution roll ,until a tribal constitution is adopted pursuant to section #f1 an individual shall be placed on the ,ruffey ,rancheria membership roll if the individual is living1 is not an enrolled member of another federally recognized ,indian tribe1 and if-- 7,a7 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 #aa1 #aifa1 under ,public ,law #he-fga2 7,b7 such individual was not listed on1 but met the requirements that had to be met to be listed on the ,ruffey ,rancheria distribution list2 or 7,c7 the individual is a lineal descendant of an individual1 living or dead1 identified in subparagraph 7,a7 or 7,b71 and has never been an enrolled member of any other ,federally recognized ,indian tribe4 7#b7 ,roll after adoption of constitution ,after adoption of a tribal constitution under section #f1 such tribal constitution shall govern membership in the ,tribe4 7c7 ,conclusive proof of ruffey rancheria ,indian ancestry ,for the purpose of subsection 7b71 the ,secretary shall accept any available evidence establishing ,ruffey ,rancheria ,indian ancestry4 ,the ,secretary shall accept as conclusive evidence of ,ruffey ,rancheria ,indian ancestry information contained in the letter regarding certain lands purchased for the use of ,ruffey and other ,indians near ,etna1 ,california1 sent by ,charles ,e4 ,kelsey1 ,special ,agent for the ,california ,indians1 to the ,commissioner of ,indian ,affairs dated ,june #bd1 #aiac2 residence on or adjacent to lands purchased or leased in ,siskiyou ,county1 ,california1 by ,special ,agent ,charles ,e4 ,kelsey1 provided that such lands were occupied by an individual with a bona fide relationship to the ,ruffey ,rancheria2 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 #aa1 #aifa4 #e4 ,interim government ,until a new tribal constitution and bylaws are adopted and become effective under section #f1 the governing body of the ,tribe shall be an ,interim ,council4 ,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 ,act1 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 #ai1 #bjad1 as amended by ,tribal ,resolution #ah-jb1 to the extent that such constitution is not contrary to ,federal law4 ,any new members filling vacancies on the ,interim ,council shall meet the enrollment criteria set forth in section #d7;b7 and be elected in the same manner as are ,executive ,council members under the tribal constitution adopted ,december #ai1 #bjad1 as amended by ,tribal ,resolution #ah-jb4 #f4 ,tribal constitution 7a7 ,election2 time2 procedure ,after the compilation of the tribal membership roll under section #d1 upon the written request of the ,interim ,tribal ,council1 the ,secretary shall conduct1 by secret ballot1 an election for the purpose of ratifying a final constitution for the ,tribe4 ,the election shall be held consistent with sections #af7;c77#a7 and #af7;c77#b77;,a7 of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act2 #be ,u4,s4,c4 #eabc7;c77#a7 and #eabc7;c77#b77;,a71 respectively74 ,absentee voting shall be permitted regardless of voter residence4 7b7 ,election of tribal officials2 procedures ,not later than #abj days after the ,tribe ratifies a final constitution under subsection 7a71 the ,secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution4 ,such election shall be conducted consistent with the procedures specified in subsection 7a7 except to the extent that such procedures conflict with the tribal constitution4 #g4 ,limitations on ,indian gaming on acquired lands ,in addition to any other requirements under applicable ,federal law1 gaming conducted pursuant to an exception under subsection 7b77#a77;,b7 of section #bj of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgai7 shall not be conducted on any land taken into trust by the ,united ,states for the benefit of the ,tribe unless the ,secretary determines1 on the date that the land is taken into trust1 that-- 7#a7 the ,tribe has received a written determination by the ,secretary that the land is eligible to be used for gaming under such section2 and 7#b7 the land is located in the county of ,siskiyou1 ,california1 #e miles or less away from lands within such ,county taken into trust under section #c of this ,act4 #h4 ,definitions ,for purposes of this ,act3 7#a7 ,interim council ,the term ,interim ,council means the governing body of the ,tribe specified in section #f4 7#b7 ,member ,the term member means any person meeting the enrollment criteria under section #d7;b74 7#c7 ,reservation ,the term reservation means those lands acquired and held in trust by the ,secretary for the benefit of the ,tribe pursuant to section #c4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,service area ,the term service area means ,siskiyou ,county in the ,state of ,california4 ,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 service4 7#f7 ,state ,the term ,state means the ,state of ,california4 7#g7 ,tribe ,the term ,tribe means the ,ruffey ,rancheria of ,california4 ,december #bj1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed