```

[Senate Report 106-474]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 923
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-474

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

 
PROVIDING FOR THE SETTLEMENT OF ISSUES AND CLAIMS RELATED TO THE TRUST 
  LANDS OF THE TORRES-MARTINEZ DESERT CAHUILLA INDIANS, AND FOR OTHER 
                                PURPOSES

                                _______
                                

October 3 (legislative day, September 22), 2000.--Ordered to be printed

                                _______
                                

          Mr. Campbell, from the Committee on Indian Affairs,
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4643]

    The Committee on Indian Affairs, to which 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, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                purpose

    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 of California.

                               background

    The Torres-Martinez Desert Cahuilla Indians have lived in 
the Coachella Valley area of Southern California for hundreds 
of years. The Tribe currently numbers more than 500 members who 
live on or in the vicinity of the more than 40 separate land 
parcels that comprise the Torres-Martinez Reservation.
    The Torres-Martinez Indian Reservation was created in 1876 
in the Coachella Valley north of the Salton Sink. In 1891, an 
Executive Order expanded the original 640-acre reservation by 
about 12,000 acres. Between 1905 and 1907, flood waters of the 
Colorado River filled the Salton Sink, creating the Salton Sea 
and inundating about 2,000 acres of the 1891 reservation lands. 
In 1909, a Secretarial Order transferred another 12,000 acres 
of land to the Reservation. About 9,000 acres of these lands 
were submerged under the Salton Sea; however, it was expected 
at the time of the transfer that the Salton Sea would recede 
from these lands within 25 years. Contrary to expectations, the 
Salton Sea did not recede, in large part due to natural runoff 
and drainage water flowing into it from the irrigation systems 
of the Imperial, Coachella, and Mexicali Valleys. This 
irrigation drainage was facilitated by various actions by the 
federal government, including construction of the Coachella 
Canal in the 1940's. Currently, 11,800 acres of the Tribe's 
25,000-acre reservation are either under water or are not 
irrigable due to lack of proper drainage.
    In 1982, the United States brought an action in trespass in 
the Federal District Court of Southern California on behalf of 
the Tribe and its affected allottee landowners against the 
Imperial Irrigation District and the Coachella Valley Water 
District. See United States of America, et al. v. The Imperial 
Irrigation District, et al. (Case No. 82-1790-K (M)). This suit 
sought damages related to the inundation of Indian lands and 
injunctive relief against further flooding of those lands. On 
August 25, 1992, the court entered a final judgment which found 
the two districts liable for trespass but denied the United 
States' request for injunctive relief and ejectment. The Court 
ordered the two districts to pay the Tribe a total of 
$3,008,602 in past and future damages in lieu of a permanent 
injunction against continued flooding of the submerged lands.
    The United States, the two districts and the Tribe appealed 
the District Court's decision to the Ninth Circuit Court of 
Appeals. Subsequently, the Interior and Justice Departments 
entered into negotiations with the Tribe and the two districts 
in an effort to avoid a lengthy and costly appellate process 
and to resolve finally the dispute. Another objective of the 
negotiations was to resolve similar claims brought by the Tribe 
and affected allottees in a separate lawsuit against the United 
States and the two districts. To facilitate settlement 
negotiations, the court stayed action on the appeals as well as 
initial action on the Tribe's separate suit.
    In June, 1996, after months of difficult negotiations, 
representatives of the United States, the Tribe, the Imperial 
Irrigation District and the Coachella Valley Water District 
signed a Settlement Agreement that resolves their conflicting 
claims and provides for dismissal of litigation. Legislation 
necessary to ratify this Settlement Agreement and to authorize 
the Federal actions and appropriations necessary for its 
implementation was introduced in the House of Representatives 
on June 16, 1996, by Representative Sonny Bono as H.R. 3640. On 
June 19, 1996, Senators Dianne Feinstein and Barbara Boxer 
introduced companion legislation in the Senate as S. 1893. The 
House Committee on Resources subsequently reported H.R. 3640 
(H. Report 104-777) and the House passed the bill on September 
10, 1996. In the Senate, the Committee on Indian Affairs held a 
hearing on S. 1863 on July 18, 1996, and reported the bill 
favorably to the Senate on July 24th (S. Rept. 104-360). 
However, neither bill was considered by the full Senate before 
the 104th Congress adjourned sine die.
    No Torres-Martinez settlement legislation was introduced in 
the 105th Congress, during which time various legal and 
legislative efforts were under way in California to clarify 
state law with respect to gaming. Because the outcome of these 
efforts would have a direct bearing on key settlement 
provisions, and because there was a need to address concerns 
raised by the Cabazon Band of Mission Indians regarding the 
proximity to their reservation of possible land selections by 
the Torres-Martinez Tribe for gaming purposes, settlement 
legislation was held in abeyance. By the time the second 
session of the 106th Congress convened, the legal status of 
gaming in California, and Indian gaming in particular, had been 
clearly established. Consequently, on June 13, 2000, 
Representative Mary Bono for herself and Representative George 
Miller introduced H.R. 4643, which was referred to the 
Committee on Resources. On July 26, 2000, the Committee 
reported the bill favorably and on September 19, 2000, the 
House passed H.R. 4643 and sent it to the Senate, where it was 
referred to the Committee on Indian Affairs.

                    Summary of settlement provisions

    As passed by the House of Representatives, H.R. 4643 is 
essentially the same legislation that was introduced in the 
House and the Senate in the 104th Congress as H.R. 3640 and S. 
1863, respectively. The primary difference is new language in 
the Settlement Agreement and in section 6 of H.R. 4643 that 
reflects an agreement negotiated by representatives of the 
Torres-Martinez Tribe and the Cabazon Band of Mission Indians, 
with involvement by Executive Branch and Congressional 
representatives, regarding the proximity of possible future 
land selections by the Torres-Martinez Tribe to lands of the 
Cabazon Band.
    H.R. 4643 ratifies the Torres-Martinez Settlement Agreement 
and provides for its implementation. The bill provides for the 
establishment of trust accounts in the United States Treasury 
for the benefit of the Tribe and its affected allottee 
landowners. It authorizes payment of $10,200,000 in Federal 
funds--$4.2 million from the Department of Justice Judgment 
Fund and $6 million in appropriated funds, to be paid into the 
tribal and allottee trust accounts. The Coachella Valley Water 
District will pay approximately $338,000 and the Imperial 
Irrigation District will pay approximately $3,671,000 into 
these accounts, making the settlement payments total 
$14,200,000.
    The Settlement Agreement and H.R. 4643 provide authority 
for the Interior Department to take into trust status up to 
11,800 acres of land (an amount equal to the flooded area of 
the Torres-Martinez reservation) purchased or otherwise 
acquired by the Tribe within two separate acquisition areas 
defined in the Settlement Agreement that are located roughly 
within the western and eastern boundaries of the Coachella 
Valley, subject to certain conditions. Trust acquisitions 
within the secondary area are limited to 640 acres and must be 
consolidated into not more than two separate parcels. Trust 
acquisitions in the primary area are limited to 11,800 acres 
minus the number of acres acquired in the secondary acquisition 
area.
    The Settlement Agreement and the Act further provide that 
the Secretary shall not take into trust status any land 
acquired by the Tribe within either the primary or the 
secondary acquisition area if the governing body of a city 
within whose incorporated area the land is located, or, if the 
land is unincorporated, the governing body of Riverside County, 
objects to such trust acquisition. Under the terms of the 
Settlement Agreement, lands located within either land 
selection area and situated within two miles of the reservation 
lands of any other Indian tribe will not be eligible for 
conveyance into trust absent the consent of the affected Indian 
tribe.
    The new language added by the House in section 6 of H.R. 
4643 further bars the Secretary from taking into trust for the 
Tribe under generally applicable Federal statutes or 
regulations any lands that are both outside the boundaries of 
the secondary acquisition area and contiguous to any lands 
within the secondary acquisition area that are taken into trust 
pursuant to the Settlement Agreement and this Act.
    The Tribe's right to conduct gaming on lands taken into 
trust pursuant to the settlement is limited and restricted to 
one gaming operation on one physical site. Any gaming on these 
lands must be conducted consistent with the requirements of the 
Indian Gaming Regulatory Act (25 U.S.C. 2701; 102 Stat. 2467). 
Lands taken into trust for the Tribe shall be considered as if 
they were acquired in 1909 except with respect to water rights. 
Lands acquired by the Tribe will be subject to all valid water 
rights existing at the time of acquisition, and the Tribe will 
obtain all valid water rights appurtenant to acquired lands.
    The settlement also provides that the Tribe and the United 
States will convey to the water districts a permanent flowage 
easement over all Indian trust lands (approximately 11,800 
acres), and all Federal lands (approximately 110,000 acres) 
located within and below the minus 200, contour of the Salton 
Sink.

                          legislative history

    H.R. 4643 was introduced on June 13, 2000, by 
Representative Mary Bono and Representative George Miller (D-
CA) and referred to the Committee on Resources. On July 26, 
2000, the Resources Committee ordered H.R. 4643 reported 
favorably to the House of Representatives. On September 18, 
2000, the House passed H.R. 4643 and on September 19, 2000, the 
bill was received by the Senate and referred to the Committee 
on Indian Affairs.

            committee recommendation and tabulation of vote

    On September 27, 2000, the Committee on Indian Affairs, in 
an open business session, considered H.R. 4643 and on a roll 
call vote of 8 yeas and 2 nays, ordered the bill reported 
favorably without amendment.

                      section-by-section analysis

Section 1. Short title

    This section cites the short title of H.R. 4643 as the 
``Torres-Martinez Desert Cahuilla Indians Claims Settlement 
Act.''

Section 2. Congressional findings and purpose

    This section sets forth Congressional findings and purpose. 
Subsection (a) states findings and declarations that:
          (1) in 1876, 640 acres north of the Salton Sink in 
        the Coachella Valley, California, were designated as 
        the Torres-Martinez Indian Reservation; in 1891, an 
        Executive Order issued pursuant to the Mission Relief 
        Act of 1891 added another 12,000 acres to the 
        reservation;
          (2) between 1905 and 1907, Colorado River flood 
        waters filled the Salton Sink, creating the Salton Sea 
        and inundating approximately 2,000 acres of the 1891 
        reservation lands;
          (3) in 1909, a Secretarial Order, issued pursuant to 
        a 1907 amendment to the Mission Relief Act, added 
        12,000 acres of land, 9,000 of which were then 
        submerged under the Salton Sea, to the reservation, 
        with the expectation that the sea would recede from the 
        submerged acreage within 25 years;
          (4) a majority of the lands added to the reservation 
        in 1909 remain inundated due in part to the flowage of 
        natural runoff and drainage water from irrigation 
        systems of the Imperial, Coachella, and Mexicali 
        Valleys into the Salton Sea;
          (5) in addition to the inundated lands, other tribal 
        and individual Indian lands located on the perimeter of 
        the Salton Sea are not irrigable due to the lack of 
        proper drainage;
          (6) in 1982, the United States, in its own right and 
        on behalf of the Tribe and allottees, brought an action 
        in trespass seeking damages and injunctive relief (the 
        United States Suit) against the Imperial Irrigation 
        District (IID) and Coachella Valley Water District 
        (CVWD);
          (7) in 1992, a Federal court entered judgment in the 
        United States Suit requiring CVWD to pay $212,908 and 
        IID to pay $2,795,694, in past and future damages to 
        the Tribe in lieu of a permanent injunction against 
        continued flooding of submerged lands;
          (8) the United States, CVWD and IID and the Tribe 
        filed notices of appeal regarding the United States 
        Suit;
          (9) the Court of Appeals for the Ninth Circuit stayed 
        further action on appeals pending the outcome of 
        settlement negotiations;
          (10) in 1991, the Tribe, for itself and for an 
        individual allottee in her own right and as class 
        representative of all other affected Indian allottees, 
        brought suit (the Indian Suit) against the two water 
        districts;
          (11) the Indian Suit was stayed by the court to 
        facilitate settlement negotiations.
    Subsection (b) provides that the purpose of the bill is to 
facilitate and implement the Settlement Agreement negotiated 
and executed by the parties to the United States Suit and the 
Indian Suit for the purpose of resolving their conflicting 
claims to their mutual satisfaction and in the public interest.

Section 3. Definitions

    This section provides definitions of the terms ``Tribe''; 
``Allottees''; ``Salton Sea''; ``Settlement Agreement''; 
``Secretary''; and ``Permanent Flowage Easement''.

Section 4. Ratification of settlement agreement

    This section provides that the United States approves, 
ratifies and confirms the Settlement Agreement.

Section 5. Settlement funds

    Subsection (a) provides for one tribal and two allottee 
settlement trust fund accounts to be established in the United 
States treasury for the Tribe and Allottees, deposits into 
which shall be available to the Secretary for distribution to 
the Tribe and Allottees in accordance with subsection 5(c). 
These accounts shall be known as the ``Torres-Martinez 
Settlement Account''; the ``Torres-Martinez Allottees 
Settlement Account I''; and, the Torres-Martinez Settlement 
Account II''.
    Subsection (b) provides for CVWD to pay $337,908 and IID to 
pay $3,670,694 to the United States for the benefit of the 
Tribe and Allottees; for such payments to be allocated to the 
three trust fund accounts pursuant to the Settlement Agreement; 
for the United States to pay $4,200,000 from the Department of 
Justice Judgment Fund and $6,000,000 to be appropriated by 
Congress into the three trust fund accounts; for CVWD or IID to 
pay an additional amount on any delinquent payment; and for 
CVWD, IID and the United States to be severally, not jointly, 
liable for its respective obligations to make payments under 
this subsection (b).
    Subsection (c) requires the Secretary to administer the 
three trust fund accounts established under subsection (a) in 
accordance with the terms and conditions of the Settlement 
Agreement.

Section 6. Trust land acquisition and status

    Subsection (a) provides that the Secretary shall convey 
into trust status not more than 11,800 acres of land purchased 
or otherwise acquired by the Tribe within two geographic areas 
in accordance with the Settlement Agreement and this Act, and 
that such lands shall be considered as if they were acquired in 
1909 except with respect to water rights.
    The Tribe may acquire and have conveyed into trust status 
11,800 acres of land within a ``primary acquisition area'', as 
defined in the Settlement Agreement, less the number of 
acresacquired and conveyed into trust within a ``secondary acquisition 
area'', as defined in the Settlement Agreement. Not more than 640 acres 
of land may be acquired in the secondary acquisition area.
    The Secretary shall not convey into trust any lands located 
in the primary acquisition area if the governing body of the 
city within whose incorporated boundaries the subject land lie, 
or, if the lands are located within an unincorporated area, the 
governing body of Riverside County, objects to the Tribe's 
request to convey the lands into trust and notifies the 
Secretary of such objection within 60 days of receiving the 
Tribe's request.
    The Secretary shall not convey into trust any lands located 
in the secondary acquisition area if the governing body of the 
city within whose incorporated boundaries the subject lands 
lie, or, if the lands are located within an unincorporated 
area, the governing body of Riverside County, objects to the 
Tribe request to convey the lands into trust and notifies the 
Secretary of such objection within 60 days of receiving the 
Tribe's request.
    The Secretary shall not take into trust for the Tribe under 
generally applicable Federal statutes or regulations any lands 
that are both outside the boundaries of the secondary 
acquisition area and contiguous to any lands within the 
secondary acquisition area that are taken into trust pursuant 
to the terms of the Settlement Agreement and this Act.
    Subsection (b) provides that the Tribe may conduct gaming 
on only one site within the lands acquired under this section 
using the acquisition process established under the Settlement 
Agreement.
    Subsection (c) provides that all lands acquired by the 
Tribe shall be subject to: (1) all valid water rights existing 
at the time of acquisition; (2) the paramount rights of any 
person who recharges or stores water in a groundwater basin; 
and (3) all valid water rights appurtenant to the land at the 
time immediately prior to tribal acquisition.

Section 7. Permanent flowage easements

    This section provides that the United States, as trustee 
for the Tribe and individual Indian allotment owners, and the 
Tribe shall convey to the CVWD and to the IID a permanent 
flowage easement as to all Indian trust lands (approximately 
11,800 acres) located within and below the minus 220-foot 
contour of the Salton Sink. It further provides that the United 
States, in its own rights, shall convey to CVWD and the IID a 
permanent flowage easement as to all Federal lands 
(approximately 110,000 acres), located within and below the 
minus 220-foot contour of the Salton Sink, in accordance with 
the terms and conditions of the Settlement Agreement.

Section 8. Satisfaction of claims, waivers, and releases

    Subsection (a) provides that the benefits available to the 
Tribe and allottees under the Settlement Agreement and this Act 
shall constitute full and complete satisfaction of all claims 
by the Tribe and the allottees arising from or related to the 
inundation and lack of drainage of tribal and allottee lands.
    Subsection (b) provides that the United States approves and 
confirms the releases and waivers required by the Settlement 
Agreement and this Act.

Section 9. Miscellaneous provisions

    Subsection (a) provides that nothing in the Act of the 
Settlement Agreement shall affect the eligibility of the Tribe 
or its members for any Federal program or diminish the trust 
responsibility of the United States to the Tribe and its 
members.
    Subsection (b) provides that no payments made pursuant to 
this Act shall result in the reduction or denial of any Federal 
services or programs to the Tribe or its members to which they 
are entitled or eligible because of their status as a Federally 
recognized Tribe or member thereof.
    Subsection (c) provides that except for rights specifically 
waived in the Act or the Settlement Agreement, nothing in this 
Act shall affect or diminish any right to which the Tribe is 
entitled under existing law.
    Subsection (d) provides that the Settlement Agreement may 
be amended in accordance with its terms and conditions to the 
extent that such amendments are not inconsistent with the trust 
land acquisition provisions of the Settlement Agreement as such 
provisions existed on the date of enactment of this Act in the 
case of Modifications One and Three, and on September 14, 2000, 
in case of Modification Four.

Section 10. Authorization of appropriations

    This section authorizes the appropriation of such sums as 
are necessary to carry out this Act.

Section 11. Effective dates

    Subsection (a) provides that this Act shall become 
effective on the date of enactment, except as provided in 
subsection (b).
    Subsection (b) provides that Sections 4, 5, 6, 7, and 8 
shall take effect on the date on which the Secretary determines 
that the Tribe, CVWD, and IID have agreed to the Settlement 
Agreement and the provisions of this Act, and that the Tribe 
has executed the waivers and releases required by the 
Settlement Agreement and this Act.

                    cost and budgetary consideration

    The cost and budgetary estimate for H.R. 4643, as provided 
by the Congressional Budget Office, is set forth below:

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 legislation 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 legislation would affect direct 
spending, pay-as-you-go procedures would apply. The legislation 
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 legislation 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 legislation 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, H.R. 4643 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 thetrust 
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 legislation 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.
    Previous CBO cost estimate: On August 17, 2000, CBO 
transmitted an estimate for H.R. 4643, the Torres-Martinez 
Desert Cahuilla Indians Claims Settlement Act, as ordered 
reported by the House Committee on Resources on July 26, 2000. 
The two versions of the legislation are similar, and our cost 
estimates are identical.
    Estimate prepared by: Federal Costs: Lanette J. Keith. 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller. Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory impact statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee finds that enactment of 
H.R. 4643 will result in de minimis regulatory and paperwork 
impact.

                        Executive communications

    The Committee has received no official communication from 
the Administration on the provisions of H.R. 4643.

                        changes in existing law

    The Committee finds that H.R. 4643, if enacted, would make 
no changes in existing law.
                           A P P E N D I X  I

                              ----------                              

    The text of the Agreement of Compromise and Settlement 
Concerning Claims to Lands of the United States Within and on 
the Perimeter of the Salton Sea Drainage Reservoir Held in 
Trust for the Torres-Martinez Indians, together with four 
Modifications thereto, set forth below:


```