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[House Report 106-855]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-855

======================================================================

 
     TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT ACT

                                _______
                                

 September 18, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                          [To accompany 4643]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4643) to provide for the settlement of issues and claims 
related to the trust lands of the Torres-Martinez Desert 
Cahuilla Indians, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4643 is to provide for the settlement 
of issues and claims related to the trust lands of the Torres-
Martinez Desert Cahuilla Indians, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4643 would provide for the settlement of issues and 
claims related to the loss of approximately 14,000 acres of 
trust lands by the Torres-Martinez Desert Cahuilla Indians. It 
would implement a comprehensive settlement negotiated after 18 
years of litigation involving the federal government and the 
Tribe.
    Pursuant to the negotiated settlement, this legislation 
would establish three settlement trust fund accounts in the 
Department of the Treasury for the benefit of the Tribe into 
which the United States would pay $10.2 million. It also 
provides that the Secretary of the Interior shall take into 
trust up to 11,800 acres of land to be acquired by the Tribe 
within a limited area, specified in the negotiated settlement, 
in the Coachella Valley.
    Enactment of H.R. 4643 shall constitute full and complete 
satisfaction of various claims by the Tribe and allottees for 
the loss of their trust lands. H.R. 4643 is almost identical to 
H.R. 3640 which was passed by the House but was not acted upon 
by the Senate in 1996 (See House Report 104-777).

                            COMMITTEE ACTION

    H.R. 4643 was introduced on June 13, 2000, by Congresswoman 
Mary Bono (R-CA). The bill was referred to the Committee on 
Resources. On July 26, 2000, the Full Resources Committee met 
to consider the bill. No amendments were offered and the bill 
was ordered favorably reported to the House of Representatives 
by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill will result in increased direct spending 
of approximately $4 million in fiscal year 2001 (from a $4 
million payment from the Judgment Fund).
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 17, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4643, the Torres-
Martinez Desert Cahuilla Indians Claims Settlement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Lanette J. 
Keith (for federal costs), and Marjorie Miller (for the state, 
local, and tribal impact).
            Sincerely,
                                               Arlene Holen
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4643--Torres-Martinez Desert Cahuilla Indians Claims Settlement 
        Act

    Summary: H.R. 4643 would ratify a settlement agreement 
entered into by the Department of Justice (DOJ), the Imperial 
Irrigation District, the Coachella Valley Water District, and 
the Torres-Martinez Desert Cahuilla Indian Tribe. Under the 
agreement, the tribe would receive a total of $10 million from 
the federal government to compensate the tribe for the flooding 
of reservation lands and relief against further inundation of 
those lands. In addition, the Department of the Interior (DOI) 
would take into trust up to 11,800 acres of land acquired by 
the tribe, and the tribe would be permitted to conduct gaming 
on this land.
    The bill would authorize the appropriation of $6 million to 
the tribe to satisfy the terms of the settlement agreement. CBO 
estimates that implementing H.R. 4643 would cost $6 million in 
fiscal year 2001. Under the settlement, an additional $4 
million would be paid from the Judgment Fund to the tribe, and 
would not require appropriation action. Enacting H.R. 4643 
would result in direct spending of $4 million in fiscal year 
2001. Because the bill would affect direct spending, pay-as-
you-go procedures would apply. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). Any costs resulting from 
the settlement agreement would be incurred voluntarily by the 
parties to that agreement.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4643 is shown in the following table. 
This estimate assumes that the amounts authorized will be 
appropriated and that the bill will be enacted near the 
beginning of fiscal year 2001. The costs of this legislation 
fall within budget function 800 (general government) and 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2001      2002      2003      2004      2005
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level...........................................         6         0         0         0         0
Estimated outlays.............................................         6         0         0         0         0

                                           CHANGES IN DIRECT SPENDING

Budget authority..............................................         4         0         0         0         0
Estimated outlays.............................................         4         0         0         0         0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 4643 would authorize DOJ and DOI to 
make payments to new tribal trust funds, including $4 million 
from the Judgment Fund and $6 million from appropriated 
amounts. These funds could be spent on attorney fees, per 
capita payments, land acquisition, and other activities as 
provided for in the settlement agreement.

Spending subject to appropriation

    H.R. 4643 would authorize the appropriation of $6 million 
to the trust funds established by this bill to satisfy the 
settlement agreement entered into by the DOJ, the Imperial 
Irrigation District, the Coachella Valley Water District, and 
the Torres-Martinez Desert Cahuilla Indian Tribe. The funds 
deposited into the trust funds would become the tribe's 
property, so assuming that appropriations of $6 million are 
provided in 2001, outlays of that amount would be recorded in 
that year.
    In addition, the bill would authorize DOI to take into 
trust up to 11,800 acres of land acquired by the tribe. Based 
on information from the department, CBO estimates that any 
administrative cost to the federal government to take those 
lands into trust would not be significant.

Direct spending

    Under the terms of the settlement agreement, the federal 
government would transfer $4 million into the tribe's trust 
funds from the Judgment Fund. The funds deposited into the 
trust funds would become the tribe's property. Because the 
settlement agreement requires the approval of the Congress, 
enacting H.R. 4643 would result in additional direct spending 
of $4 million in 2001. The tribe does not have a legal claim 
pending against the federal government, so the Judgment Fund is 
not available to fund a settlement agreement absent this 
legislation.
    This settlement would extinguish any future claim that the 
tribe may have against the United States, so it is possible 
that the amount paid to the tribe under the bill could be 
offset by a reduction in payments that would be made from the 
Judgment Fund in future years. However, CBO cannot estimate 
either the likelihood or the magnitude of such offset because 
there is no basis for predicting either the outcome of possible 
litigation against the United States or the amount of 
compensation, if any.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The 
following table summarizes the estimated impact of H.R. 4643 on 
direct spending.

----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, in millions of dollars--
                                    ----------------------------------------------------------------------------
                                      2000   2001   2002   2003   2004   2005   2006   2007   2008   2009   2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays \1\.............      0      4      0      0      0      0      0      0      0      0      0
Changes in receipts................                                 Not applicable
----------------------------------------------------------------------------------------------------------------
\1\ This cost could be offset by a reduction in future payments from the Judgment Fund, however, CBO cannot
  estimate the likelihood or magnitude of such an offset.

    Intergovernmental and private-sector impact: H.R. 4643 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Any costs resulting from the settlement 
agreement would be incurred voluntarily by the parties to that 
agreement. Under the terms of the agreement, the Coachella 
Valley Water District and the Imperial Irrigation District 
would make certain payments for the benefit of the tribe. In 
return for these payment and other benefits conferred by the 
agreement, the tribe would give up its claims relating to land 
flooded by the Salton Sea.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

                preemption of state, local or tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                                  
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