,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hbjh ,,in ,,the ,,house ,,of ,,representatives ,september #aa1 #bjbj,mr4 ,cook introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to extend ,federal recognition to the ,mono ,lake ,kutzadikaa ,tribe1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,mono ,lake ,kutzadikaa ,tribe ,recognition ,act 4 #b4 ,findings ,congress finds as follows3 7#a7 ,the ,mono ,lake ,kutzadikaa ,tribe has existed for time immemorial in the ,mono ,basin of east-central ,california and adjacent ,nevada4 7#b7 ,the ,mono ,lake ,kutzadikaa people were first encountered in #ahbe by early trappers in the area1 but were officially documented by the ,federal ,government in ,june #aheb by ,army ,lieutenant ,tredwell ,moore1 who was in pursuit of hostile ,indians in the ,yo-,ham-i-te 7today ,yosemite7 ,valley1 and tracked them through a previously undiscovered pass through the ,sierra ,mountains that lead to ,mono ,lake4 ,the pass was later named ,mono ,pass also known as ,tsadoba1 after the ,indians of that name4 7#c7 ,the ,tribe1 like all tribes in ,california1 was not the beneficiary of a reservation through the treaty process and remained landless and without ,federal protection in the wake of the ,california gold rush and other non-,indian encroachment into the ,tribe's aboriginal lands4 7#d7 ,in #aijd1 the plight of the ,tribe was brought to the attention of the ,committee on ,indian ,affairs by the ,northern ,california ,indian ,association through a petition and extensive1 but not exhaustive1 study documenting the landless ,indians in ,california4 ,the study identified the numerous tribal communities in ,california who were in desperate need of land1 as well as ,federal support and protection1 and the ,mono ,lake ,kutzadikaa community was among those surveyed4 ,as a result of the petition1 ,congress began to appropriate funding for the purchase of lands in ,california for the homeless ,indians4 7#e7 ,in #aijg1 historical members of the ,tribe were issued individual allotted lands near ,mono ,lake under the ,general ,allotment ,act4 ,in accordance to the ,general ,allotment ,act1 allotted lands were only provided to ,indians shown to be recognized or entitled to be recognized members of an ,indian tribe4 ,the ,federal ,government determined that ,mono ,lake ,kutzadikaa members met this criteria4 7#f7 ,in the early #aibjs1 the ,los ,angeles ,department of ,water and ,power began purchasing lands throughout ,inyo and ,mono ,counties in its effort to secure a reliable water supply for the expanding city of ,los ,angeles in southern ,california4 ,the ,mono ,lake ,kutzadikaa allottees were not immune to the pressures of ,los ,angeles ,department of ,water and ,power and were encouraged to sell their land1 which most did4 ,however1 ,tribal members remained at ,mono ,lake working and living on local farms and in some cases squatting on ,los ,angeles ,department of ,water and ,power or other ,federal lands4 7#g7 ,although ,tribal members were once again landless1 they remained under the jurisdiction of the ,federal ,government and appeared on the ,bureau of ,indian ,affairs census records1 their children attended ,bureau of ,indian ,affairs boarding schools1 and members received 7and do today7 health care services1 and other ,federal benefits and services4 7#h7 ,federal representatives worked with the ,tribe to no avail in the #aibjs and #aicjs to secure a land base1 and these efforts are well documented in official ,bureau of ,indian ,affairs correspondence and records4 7#i7 ,in ,june #aiej1 ,tribal members submitted a petition to the ,committee on ,interior and ,insular ,affairs and the ,subcommittee on ,indian ,affairs1 requesting an investigation into their living conditions4 ,in the petition1 they stated that they hoped that through an investigation1 the agencies might appropriate1 rehabilitate1 or set aside land for us4 ,h4,r4 ,muskrat1 a ,bureau of ,indian ,affairs field representative who investigated the conditions of ,tribal members1 reported to ,j4,m4 ,stewart1 the ,bureau of ,indian ,affairs ,area ,director for ,california1 that there were no public lands available for the ,tribe or its members1 and all water resources were owned by the ,los ,angeles ,department of ,water and ,power4 7#aj7 ,on ,december #bf1 #aiej1 a formal petition was filed before the ,indian ,claims ,commission on behalf of the ,northern ,paiute ,nation1 which included various individual ,northern ,paiute ,indians and several reservation tribes1 all located in ,nevada4 ,the original claim1 designated as ,docket ,no4 #hg1 did not include ,california ,paiute tribes from the ,owens ,valley1 ,mono ,lake1 ,deep ,springs ,valley1 or ,fish ,lake ,valley4 ,during the course of the liability phase of the trial1 expert testimony was introduced correcting the oversight1 and on ,august #h1 #aiea1 an amended petition was filed that included the ,tribe and other overlooked ,california ,paiute ,nations4 ,unfortunately1 the ,commission awarded only meager compensation to individual members and did not provide lands to the ,tribe4 7#aa7 ,in #aiee1 the ,tribe submitted a petition to ,state ,senator ,charles ,brown of ,sacramento1 ,california1 seeking to establish a reservation that included #ff1jjj acres of land4 ,the petition rested on a #aiab ,presidential ,executive order that had set aside lands for the ,tribe and other tribes in ,inyo and ,mono ,county1 but was later withdrawn because the original land identified was unsuitable4 ,the ,tribe's petition was again met with the statement that there was no land available for a reservation4 7#ab7 ,believing that recognition might lead to land for the ,tribe1 the ,tribe submitted a letter of ,intent to ,petition for ,recognition in #aigf to the ,office of ,federal ,acknowledgment and began working on a petition for recognition1 an effort that continues today4 7#ac7 ,in #aigg1 the ,tribe adopted formal ,articles of ,association to define its enrollment criteria and election of ,tribal leaders4 7#ad7 ,also in #aigg1 the ,tribe petitioned and was recognized by the ,,bia as an adult ,indian community of one-half degree of ,indian blood under the ,indian ,reorganization ,act of #aicd 7#be ,u4,s4,c4 #eaja et seq474 ,however1 the ,bureau of ,indian ,affairs made clear that this status did not give ,federal recognition to the ,tribe4 ,the status did solidify that ,tribal members were recognized as ,indians and entitled to ,federal benefits and services4 7#ae7 ,even without formal ,tribal recognition1 the ,tribe has remained a political force and the protector of ,mono ,lake1 ,kutzapaa' which is at the center of the ,tribe's culture and history and provided its ancestors with a critical food source4 ,on ,march #ai1 #aihc1 ,jessie ,durant1 a revered ,tribal elder1 testified before the ,subcommittee on ,public ,lands and ,national ,parks on the importance of ,mono ,lake to the ,mono ,lake people and culture4 ,mono ,lake is now known as the ,mono ,lake ,tufa ,state ,natural ,reserve thanks in large part to the efforts of the ,tribe and the ,mono ,lake ,foundation4 7#af7 ,on ,april #bh1 #aihi1 the ,senate ,select ,committee on ,indian ,affairs held hearings in ,sacramento1 ,california1 on ,,sb #faa1 a bill to ,establish ,administrative ,procedures to ,determine ,status of ,certain ,indian ,groups4 ,tribal member ,richard ,blaver was invited to and provided testimony on behalf of the ,tribe on the difficulties encountered by tribes seeking recognition through the ,bureau of ,indian ,affairs' administrative acknowledgment process4 7#ag7 ,the ,federal agencies that now manage ,federal lands1 some of which are the ancestral lands of the ,tribe1 share a deep respect for the ,tribe1 and acknowledge that the ,kutzadikaa members are the aboriginal people of the ,mono ,basin4 ,small examples can be seen from the ,forest ,service1 that in #aiia worked with the ,tribe in protecting the ,tribe's ,indian cemetery located in part on ,forest ,service lands4 7#ah7 ,in #aiic1 the ,forest ,service hosted a dedication in honor of the elders of the ,kutzadikaa ,tribe by setting aside a grove of ,jeffrey pine trees for traditional purposes and designated the area as the ,piaga ,park4 ,the ,forest ,service specifically dedicated the trees in honor of the ,mono ,lake ,kutzadikaa ,elders who have historically harvested the ,piaga from the area4 7#ai7 ,in #aiif1 the ,national ,park ,service issued a directive to all ,yosemite ,entrance ,station personnel informing them that members of the ,tribe were to be granted entrance to the ,yosemite ,national ,park at no cost4 ,more recent examples are the ongoing ,federal1 ,state1 and county agencies consultations with the ,tribe on proposed environmental projects1 land management planning1 and repatriation of ,tribal funerary objects and artifacts under the ,native ,american ,graves ,protection and ,repatriation ,act when encountered on ,federal lands4 7#bj7 ,in #bjjj1 the ,tribe partnered with the ,mono ,county ,board of ,supervisors to seek funding to assist the county in completing a community center in ,lee ,vining1 ,california4 ,the ,tribe was awarded a ,state ,community ,development ,block ,grant from the ,california ,native ,american ,allocation for #dge1jjj1 which was used to complete construction of the community center4 ,in exchange for this contribution1 the county has dedicated office space to the ,tribe and a large meeting room for ,tribal general council meetings1 and the building is identified as the ,mono ,lake ,indian and ,lee ,vining ,community ,center4 7#ba7 ,in #bjjc1 the ,tribe adopted a ,constitution and other governing documents to formalize its ,tribal ,government structure1 enrollment process1 and elections of its leaders4 ,even without ,federal financial assistance to carry out its governmental functions or a land base1 the ,tribe remains a distinct community both politically and culturally4 ,the ,tribe works with its ,federal1 ,state1 and county agency partners to protect cultural and sacred sites1 the environment1 ,mono ,lake1 and habitat4 ,in recent years1 the ,tribe has established the ,mono ,lake_/,yosemite ,traditional ,walk1 which is the revitalization of the walk their ancestors took from ,mono ,lake to ,yosemite in order to trade with and engage with family and neighboring tribes4 ,the ,tribe celebrates and honors their elders and veterans through community events and ,tribal functions on an annual basis4 7#bb7 ,federal recognition of the ,tribe through this ,act is supported by the ,mono ,county ,board of ,supervisors1 all five federally recognized ,tribes in ,inyo ,county1 the non-federally recognized tribe ,southern ,sierra ,muwuk ,nation1 and the federally recognized tribes of ,tuolumne ,band of ,me-,wuk ,indians1 ,picayune ,rancheria of the ,chuckansi ,tribe1 and the ,north ,fork ,rancheria of ,mono ,indians4 ,support also comes from the ,national ,park ,service1 the ,sierra ,club1 ,friends of ,inyo ,county1 the ,anthropology ,department of ,california ,state ,university ,chico1 ,california ,indian ,legal ,services1 and other organizations4 #c4 ,definitions ,in this ,act3 7#a7 ,member ,the term member means an individual who is enrolled in the ,tribe pursuant to the constitution of the ,tribe4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,tribe ,the term ,tribe means the ,mono ,lake ,kutzadikaa ,tribe4 #d4 ,federal recognition 7a7 ,in general ,federal recognition is extended to the ,tribe4 7b7 ,effect of federal laws ,except as otherwise provided in this ,act1 all ,federal laws 7including regulations7 of general application to ,indians and ,indian tribes1 including the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #eaja et seq42 commonly known as the ,indian ,reorganization ,act71 shall apply to the ,tribe and members4 #e4 ,federal services and benefits 7a7 ,in general ,the ,tribe and each member of the ,tribe shall be eligible for all services and benefits provided by the ,united ,states to ,indians and federally recognized ,indian ,tribes1 without regard to-- 7#a7 the existence of a reservation for the ,tribe2 or 7#b7 the location of the residence of any member on or near an ,indian reservation4 7b7 ,service area ,for purposes of the delivery of services and benefits to members1 the service area of the ,tribe shall be considered to be the counties of ,mono and ,inyo1 in the ,state of ,california4 #f4 ,reaffirmation of rights 7a7 ,in general ,nothing in this ,act diminishes any right or privilege of the ,tribe or any member that existed before the date of the enactment of this ,act4 7b7 ,claims of tribe ,except as otherwise provided in this ,act1 nothing in this ,act alters or affects any legal or equitable claim of the ,tribe to enforce any right or privilege reserved by1 or granted to1 the ,tribe that was wrongfully denied to1 or taken from1 the ,tribe before the date of the enactment of this ,act4 7c7 ,hunting and fishing rights ,the ,tribe shall be granted hunting and fishing rights on all ,federal lands within its aboriginal land area4 ,each ,federal agency who administers lands within the ,tribe's aboriginal land area shall work with the ,tribe so as to accommodate the exercise of its hunting and fishing rights within the agencies existing land use plans1 ,federal law and governing regulations4 #g4 ,membership roll 7a7 ,in general ,as a condition of receiving recognition1 services1 and benefits pursuant to this ,act1 the ,tribe shall submit to the ,secretary1 by not later than #ah months after the date of the enactment of this ,act1 a membership roll consisting of the name of each individual enrolled as a member of the ,tribe4 7b7 ,determination of membership ,the qualifications for inclusion on the membership roll of the ,tribe shall be determined in accordance with section 7a7 of ,article ,,iii of the constitution of the ,tribe1 dated ,june #bc1 #bjjc4 7c7 ,maintenance of roll ,the ,tribe shall maintain the membership roll4 #h4 ,trust land 7a7 ,identification of land ,the ,secretary shall identify land administered by the ,bureau of ,land ,management that is located in that portion of ,mono ,county that is within the ,tribe's ancestral homelands1 sufficient to support the location of ,tribal ,government administration and services1 economic development1 and housing4 7b7 ,land into trust ,after the ,secretary identifies said land to meet the purposes so described1 the ,tribe shall request and the ,secretary shall accept such lands into trust for the benefit of the ,tribe4 ,nothing in this section shall prevent the ,secretary or the ,tribe from acquiring land1 and the ,secretary taking land into trust for the benefit of the ,tribe1 pursuant to section #e of the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #eaajh2 commonly known as the ,indian ,reorganization ,act74 ,for purposes of acquisitions under such ,act1 the ,tribe shall be deemed to have been under ,federal jurisdiction in #aicd4