Calendar No. 572

104TH CONGRESS

2D SESSION S. 1893

[Report No. 104–360]

A BILL

To provide for the settlement of issues and claims

Desert Cahuilla Indians, and for other purposes.related to the trust lands of the Torres-Martinez

SEPTEMBER 3, 1996

Reported without amendment
I

Calendar No. 572

104TH CONGRESS

2D SESSION S. 1893

[Report No. 104–360]

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.

IN THE SENATE OF THE UNITED STATES

JUNE 19, 1996

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

SEPTEMBER 3, 1996

Reported by Mr. MCCAIN, without amendment

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Torres-Martinez

5 Desert Cahuilla Indians Claims Settlement Act’’.
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1 SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.

2 (a) FINDINGS.—The Congress finds and declares

3 that:

4 (1) In 1876, the Torres-Martinez Indian Res5 ervation was created, reserving a single, 640-acre

6 section of land in the Coachella Valley, California, at

7 the northern end of the Salton Sink. The Reserva8 tion was expanded in 1891 by Executive Order, pur9 suant to the Mission Indian Relief Act of 1891, add10 ing about 12,000 acres to the original 640-acre res11 ervation.

12 (2) Between 1905 and 1907, flood waters of the

13 Colorado River filled the Salton Sink, creating the

14 Salton Sea, inundating approximately 2,000 acres of

15 the 1891 reservation lands.

16 (3) In 1909 an additional 12,000 acres of land,

17 9,000 of which were then submerged under the

18 Salton Sea, were added to the reservation under a

19 Secretarial Order issued pursuant to a 1907 amend20 ment of the Mission Indian Relief Act. Due to reced21 ing water levels in the Salton Sea through the proc22 ess of evaporation, at the time of the 1909 enlarge23 ment of the reservation, there were some expecta24 tions that the Salton Sea would recede within a pe25 riod of 25 years.
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1 (4) Through the present day, the majority of

2 the lands added to the reservation in 1909 remain

3 inundated due in part to the flowage of natural run4 off and drainage water from the irrigation systems

5 of the Imperial, Coachella, and Mexicali Valleys into

6 the Salton Sea.

7 (5) In addition to those lands that are inun8 dated, there are also tribal and individual Indian

9 lands located on the perimeter of the Salton Sea

10 that are not currently irrigable due to lack of proper

11 drainage.

12 (6) In 1982, the United States brought an ac13 tion in trespass, United States of America, in its

14 own right and on behalf of Torres-Martinez Band of

15 Mission Indians and the Allottees therein v. the Im16 perial Irrigation District and Coachella Valley Water

17 District, Case No. 82–1790 K (M) (referred to in

18 this section as the ‘‘United States Suit’’) on behalf

19 of the Torres-Martinez Indian Tribe and affected In20 dian allottees against the two water districts seeking

21 damages related to the inundation of tribal-owned

22 and allottee-owned lands and injunctive relief to pre23 vent future discharge of water on such lands.

24 (7) On August 20, 1992, the Federal District

25 Court for the Southern District of California entered
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1 a judgment in the United States Suit requiring the

2 Coachella Valley Water District to pay $212,908.41

3 in past and future damages and the Imperial Irriga4 tion District to pay $2,795,694.33 in past and fu5 ture damages in lieu of the United States request

6 for a permanent injunction against continued flood7 ing of the submerged lands.

8 (8) The United States, the Coachella Valley

9 Water District, and the Imperial Irrigation District

10 have filed notices of appeal with the United States

11 Court of Appeals for the Ninth Circuit from the dis12 trict court’s judgment in the United States Suit

13 (Case numbers 93–55389, 93–55398, and 93–

14 55402), and the Torres-Martinez Indian Tribe has

15 filed a notice of appeal from the district court’s de16 nial of its motion to intervene as a matter of right

17 (Case number 92–55129).

18 (9) The Court of Appeals for the Ninth Circuit

19 has stayed further action on the appeals pending the

20 outcome of settlement negotiations.

21 (10) In 1991, the Torres-Martinez Indian Tribe

22 brought its own lawsuit, Torres-Martinez Desert

23 Cahuilla Indians, et al., v. Imperial Irrigation Dis24 trict, et al., Case No. 91–1670 J (LSP) (referred to

25 in this section as the ‘‘Indian Suit’’) in the United
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1 States District Court, Southern District of Califor2 nia, against the two water districts, and amended

3 the complaint to include as a plaintiff, Mary

4 Resvaloso, in her own right, and as class representa5 tive of all other affected Indian allotment owners.

6 (11) The Indian Suit has been stayed by the

7 District Court to facilitate settlement negotiations.

8 (b) PURPOSE.—The purpose of this Act is to facili9 tate and implement the settlement agreement negotiated

10 and executed by the parties to the United States Suit and

11 Indian Suit for the purpose of resolving their conflicting

12 claims to their mutual satisfaction and in the public inter13 est.

14 SEC. 3. DEFINITIONS.

15 For the purposes of this Act:

16 (1) ALLOTTEES.—The term ‘‘allottees’’ means

17 those individual members of the Tribe, their succes18 sors, heirs, and assigns, who have individual owner19 ship of allotted Indian trust lands within the Torres20 Martinez Indian Reservation.

21 (2) PERMANENT FLOWAGE EASEMENT.—The

22 term ‘‘permanent flowage easement’’ means the per23 petual right by the water districts to use the de24 scribed lands in the Salton Sink within and below

25 the minus 220-foot contour as a drainage reservoir
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1 to receive and store water from their respective

2 water and drainage systems, including flood water,

3 return flows from irrigation, tail water, leach water,

4 operational spills and any other water which over5 flows and floods such lands, originating from lands

6 within such water districts.

7 (3) SALTON SEA.—The term ‘‘Salton Sea’’

8 means the inland body of water located in Riverside

9 and Imperial counties in California, which serves as

10 a drainage reservoir for water from precipitation,

11 natural runoff, irrigation return flows, wastewater,

12 floods, and other inflow from within its watershed

13 area.

14 (5) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of the Interior.

16 (6) SETTLEMENT AGREEMENT.—The term

17 ‘‘Settlement Agreement’’ means the Agreement of

18 Compromise and Settlement Concerning Claims to

19 Lands of the United States Within and on the Pe20 rimeter of the Salton Sea Drainage Reservoir Held

21 in Trust for the Torres-Martinez Indians executed

22 on June 18, 1996.

23 (7) TRIBE.—The term ‘‘Tribe’’ means the

24 Torres-Martinez Desert Cahuilla Indians, a federally
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1 recognized Indian tribe with a reservation located in

2 Riverside and Imperial Counties, California.

3 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

4 The United States hereby approves, ratifies, and con5 firms the Settlement Agreement.

6 SEC. 5. SETTLEMENT FUNDS.

7 (a) ESTABLISHMENT OF TRIBAL AND ALLOTTEES

8 SETTLEMENT TRUST FUNDS ACCOUNTS.—

9 (1) IN GENERAL.—There are established in the

10 Treasury of the United States 3 settlement trust

11 fund accounts to be known as—

12 (A) the Torres-Martinez Settlement Trust

13 Funds Account;

14 (B) the Torres-Martinez Allottees’ Settle15 ment Account I; and

16 (C) the Torres-Martinez Allottees’ Settle17 ment Account II.

18 (2) AVAILABILITY.—Amounts held in the

19 Torres-Martinez Settlement Trust Funds Account,

20 the Torres-Martinez Allottees’ Settlement Account I,

21 and the Torres-Martinez Allottees’ Settlement Ac22 count II shall be available to the Secretary for dis23 tribution to the Tribe and affected allottees in ac24 cordance with subsection (c).
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1 (b) CONTRIBUTIONS TO THE SETTLEMENT TRUST

2 FUNDS.—

3 (1) IN GENERAL.—Amounts paid to the Sec4 retary for deposit into the trust fund accounts estab5 lished by subsection (a) shall be allocated among

6 and deposited in the trust accounts in the amounts

7 determined by the tribal-allottee allocation provisions

8 of the Settlement Agreement.

9 (2) CASH PAYMENTS BY COACHELLA VALLEY

10 WATER DISTRICT.—Within the time, in the manner,

11 and upon the conditions specified in the Settlement

12 Agreement, the Coachella Valley Water District shall

13 pay the sum of $337,908.41 to the United States for

14 the benefit of the Tribe and any affected allottees.

15 (3) CASH PAYMENTS BY IMPERIAL IRRIGATION

16 DISTRICT.—Within the time, in the manner, and

17 upon the conditions specified in the Settlement

18 Agreement, the Imperial Irrigation District shall pay

19 the sum of $3,670,694.33 to the United States for

20 the benefit of the Tribe and any affected allottees.

21 (4) CASH PAYMENTS BY THE UNITED

22 STATES.—Within the time and upon the conditions

23 specified in the Settlement Agreement, the United

24 States shall pay into the three separate tribal and
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1 allottee trust fund accounts the total sum of

2 $10,200,000, of which sum—

3 (A) $4,200,000 shall be provided from

4 moneys appropriated by Congress under section

5 1304 of title 31, United States Code, the condi6 tions of which are deemed to have been met, in7 cluding those of section 2414 of title 28, United

8 States Code; and

9 (B) $6,000,000 shall be provided from

10 moneys appropriated by Congress for this spe11 cific purpose to the Secretary.

12 (5) ADDITIONAL PAYMENTS.—In the event that

13 any of the sums described in paragraphs (2) or (3)

14 are not timely paid by the Coachella Valley Water

15 District or the Imperial Irrigation District, as the

16 case may be, the delinquent payor shall pay an addi17 tional sum equal to 10 percent interest annually on

18 the amount outstanding daily, compounded yearly on

19 December 31 of each respective year, until all out20 standing amounts due have been paid in full.

21 (6) SEVERALLY LIABLE FOR PAYMENTS.—The

22 Coachella Valley Water District, the Imperial Irriga23 tion District, and the United States shall each be

24 severally liable, but not jointly liable, for its respec-
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1 tive obligation to make the payments specified by

2 this subsection.

3 (c) ADMINISTRATION OF SETTLEMENT TRUST

4 FUNDS.—The Secretary shall administer and distribute

5 funds held in the Torres-Martinez Settlement Trust

6 Funds Account, the Torres-Martinez Allottees’ Settlement

7 Account I, and the Torres-Martinez Allottees’ Settlement

8 Account II in accordance with the terms and conditions

9 of the Settlement Agreement.

10 SEC. 6. TRUST LAND ACQUISITION AND STATUS.

11 (a) ACQUISITION AND PLACEMENT OF LANDS INTO

12 TRUST.—

13 (1) IN GENERAL.—The Secretary shall convey

14 into trust status lands purchased or otherwise ac15 quired by the Tribe within the areas described in

16 paragraphs (2) and (3) in an acreage amount not to

17 exceed 11,800 acres in accordance with the terms,

18 conditions, criteria, and procedures set forth in the

19 Settlement Agreement and this Act. Subject to such

20 terms, conditions, criteria, and procedures, all lands

21 purchased or otherwise acquired by the Tribe and

22 conveyed into trust status for the benefit of the

23 Tribe pursuant to the Settlement Agreement and

24 this Act shall be considered as if such lands were so
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1 acquired in trust status in 1909 except as to water

2 rights as provided in subsection (c).

3 (2) PRIMARY ACQUISITION AREA.—

4 (A) IN GENERAL.—The primary area with5 in which lands may be acquired pursuant to

6 paragraph (1) are those certain lands located in

7 the Primary Acquisition Area, as defined in the

8 Settlement Agreement. The amount of acreage

9 that may be acquired from such area is 11,800

10 acres less the number of acres acquired and

11 conveyed into trust by reason of paragraph (3).

12 (B) CONDITION OF ACQUISITION.—Lands

13 may not be acquired under this paragraph if, by

14 majority vote, the governing body of the city

15 within whose incorporated boundaries (as such

16 boundaries exist on the date of the execution of

17 the Settlement Agreement) such lands are situ18 ated—

19 (i) objects to the request of the Tribe

20 to convey such lands into trust; and

21 (ii) notifies the Secretary of any such

22 objection in writing within 60 days after

23 receiving a copy of the request of the Tribe

24 in accordance with the Settlement Agree25 ment.
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1 (3) SECONDARY ACQUISITION AREA.—

2 (A) IN GENERAL.—Not more than 640

3 acres of land may be acquired pursuant to

4 paragraph (1) from those certain lands located

5 in the Secondary Acquisition Area, as defined

6 in the Settlement Agreement.

7 (B) EFFECT OF OBJECTION BY CERTAIN

8 GOVERNING BODIES.—Lands referred to in sub9 paragraph (A) may not be acquired pursuant to

10 paragraph (1) if, by majority vote—

11 (i) the governing body of the city

12 whose incorporated boundaries the subject

13 lands are situated within; or

14 (ii) the governing body of Riverside

15 County, California, in the event that such

16 lands are located within an unincorporated

17 area,

18 formally objects to the request of the Tribe to

19 convey the subject lands into trust and notifies

20 the Secretary of such objection in writing with21 in 60 days after receiving a copy of the request

22 of the Tribe in accordance with the Settlement

23 Agreement.

24 (b) RESTRICTIONS ON GAMING.—The Tribe shall

25 have the right to conduct gaming on only 1 site within
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1 the lands acquired pursuant to subsection (a)(1) (as pro2 vided more particularly in the Settlement Agreement).

3 (c) WATER RIGHTS.—All lands acquired by the Tribe

4 under subsection (a) shall—

5 (1) be subject to all valid water rights existing

6 at the time of tribal acquisition, including all rights

7 under any permit or license issued under the laws of

8 the State of California to—

9 (A) commence an appropriation of water;

10 (B) appropriate water; or

11 (C) increase the amount of water appro12 priated;

13 (2) be subject to the paramount rights of any

14 person who at any time recharges or stores water in

15 a ground water basin to recapture or recover the re16 charged or stored water or to authorize others to re17 capture or recover the recharged or stored water;

18 and

19 (3) continue to enjoy all valid water rights ap20 purtenant to the land existing immediately prior to

21 the time of tribal acquisition.

22 SEC. 7. PERMANENT FLOWAGE EASEMENTS.

23 (a) CONVEYANCE OF EASEMENT TO COACHELLA

24 VALLEY WATER DISTRICT.—
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1 (1) TRIBAL INTEREST.—The United States, in

2 its capacity as trustee for the Tribe, as well as for

3 any affected Indian allotment owners, and their suc4 cessors and assigns, and the Tribe in its own right

5 and that of its successors and assigns, shall convey

6 to the Coachella Valley Water District a permanent

7 flowage easement as to all Indian trust lands (ap8 proximately 11,800 acres) located within and below

9 the minus 220-foot contour of the Salton Sink, in

10 accordance with the terms and conditions of the Set11 tlement Agreement.

12 (2) UNITED STATES INTEREST.—The United

13 States, in its own right shall, notwithstanding any

14 prior or present reservation or withdrawal of land of

15 any kind, convey to Coachella Valley Water District

16 a permanent flowage easement as to all Federal

17 lands (approximately 110,000 acres) located within

18 and below the minus 220-foot contour of the Salton

19 Sink, in accordance with the terms and conditions of

20 the Settlement Agreement.

21 (b) CONVEYANCE OF EASEMENT TO IMPERIAL IRRI22 GATION DISTRICT.—

23 (1) TRIBAL INTEREST.—The United States, in

24 its capacity as trustee for the Tribe, as well as for

25 any affected Indian allotment owners, and their suc-
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1 cessors and assigns, and the Tribe in its own right

2 and that of its successors and assigns, shall grant

3 and convey to the Imperial Irrigation District a per4 manent flowage easement as to all Indian trust

5 lands (approximately 11,800 acres) located within

6 and below the minus 220-foot contour of the Salton

7 Sink, in accordance with the terms and conditions of

8 the Settlement Agreement.

9 (2) UNITED STATES.—The United States, in its

10 own right shall, notwithstanding any prior or

11 present reservation or withdrawal of land of any

12 kind, grant and convey to the Imperial Irrigation

13 District a permanent flowage easement as to all

14 Federal lands (approximately 110,000 acres) located

15 within and below the minus 220-foot contour of the

16 Salton Sink, in accordance with the terms and con17 ditions of the Settlement Agreement.

18 SEC. 8. SATISFACTION OF CLAIMS, WAIVERS, AND RE19 LEASES.

20 (a) SATISFACTION OF CLAIMS.—The benefits avail21 able to the Tribe and the allottees under the terms and

22 conditions of the Settlement Agreement and the provisions

23 of this Act shall constitute full and complete satisfaction

24 of the claims by the Tribe and the allottees arising from

25 or related to the inundation and lack of drainage of tribal
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1 and allottee lands described in section 2 of this Act and

2 further defined in the Settlement Agreement.

3 (b) APPROVAL OF WAIVERS AND RELEASES.—The

4 United States hereby approves and confirms the releases

5 and waivers required by the Settlement Agreement and

6 this Act.

7 SEC. 9. MISCELLANEOUS PROVISIONS.

8 (a) ELIGIBILITY FOR BENEFITS.—Nothing in this

9 Act or the Settlement Agreement shall affect the eligibility

10 of the Tribe or its members for any Federal program or

11 diminish the trust responsibility of the United States to

12 the Tribe and its members.

13 (b) ELIGIBILITY FOR OTHER SERVICES NOT AF14 FECTED.—No payment pursuant to this Act shall result

15 in the reduction or denial of any Federal services or pro16 grams to the Tribe or to members of the Tribe, to which

17 they are entitled or eligible because of their status as a

18 federally recognized Indian tribe or member of the Tribe.

19 (c) PRESERVATION OF EXISTING RIGHTS.—Except

20 for the rights specifically waived by this Act or the Settle21 ment Agreement, nothing in this Act shall affect or dimin22 ish any right to which the Tribe is entitled under existing

23 law.

24 (d) TAX TREATMENT.—None of the moneys paid to,

25 or any of the lands acquired and placed into trust for,
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1 the Tribe or allottees under this Act shall be deemed to

2 be taxable under Federal or State law, nor shall such pay3 ments or transfers be taxable events.

4 (e) AMENDMENT OF SETTLEMENT AGREEMENT.—

5 The Settlement Agreement may be amended from time to

6 time in accordance with its terms and conditions.

7 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated such sums

9 as are necessary to carry out this Act.

10 SEC. 11. EFFECTIVE DATE.

11 (a) IN GENERAL.—Except as provided by subsection

12 (b), this Act shall take effect on the date of enactment

13 of this Act.

14 (b) EXCEPTION.—Sections 4, 5, 6, 7, and 8 shall take

15 effect on the date on which the Secretary of the Interior

16 determines the following conditions have been met:

17 (1) The Tribe agrees to the Settlement Agree18 ment and the provisions of this Act and executes the

19 releases and waivers required by the Settlement

20 Agreement and this Act.

21 (2) The Coachella Valley Water District agrees

22 to the Settlement Agreement and to the provisions

23 of this Act.
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1 (3) The Imperial Irrigation District agrees to

2 the Settlement Agreement and to the provisions of

3 this Act.