II

104TH CONGRESS

2D SESSION S. 1893

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 introduced the following bill; which was read twice and

referred to the Committee on Indian Affairs

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’’.

6 SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.

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

8 that:

9 (1) In 1876, the Torres-Martinez Indian Res10 ervation was created, reserving a single, 640-acre
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1 section of land in the Coachella Valley, California, at

2 the northern end of the Salton Sink. The Reserva3 tion was expanded in 1891 by Executive Order, pur4 suant to the Mission Indian Relief Act of 1891, add5 ing about 12,000 acres to the original 640-acre res6 ervation.

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

8 Colorado River filled the Salton Sink, creating the

9 Salton Sea, inundating approximately 2,000 acres of

10 the 1891 reservation lands.

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

12 9,000 of which were then submerged under the

13 Salton Sea, were added to the reservation under a

14 Secretarial Order issued pursuant to a 1907 amend15 ment of the Mission Indian Relief Act. Due to reced16 ing water levels in the Salton Sea through the proc17 ess of evaporation, at the time of the 1909 enlarge18 ment of the reservation, there were some expecta19 tions that the Salton Sea would recede within a pe20 riod of 25 years.

21 (4) Through the present day, the majority of

22 the lands added to the reservation in 1909 remain

23 inundated due in part to the flowage of natural run24 off and drainage water from the irrigation systems
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1 of the Imperial, Coachella, and Mexicali Valleys into

2 the Salton Sea.

3 (5) In addition to those lands that are inun4 dated, there are also tribal and individual Indian

5 lands located on the perimeter of the Salton Sea

6 that are not currently irrigable due to lack of proper

7 drainage.

8 (6) In 1982, the United States brought an ac9 tion in trespass, United States of America, in its

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

11 Mission Indians and the Allottees therein v. The Im12 perial Irrigation District and Coachella Valley Water

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

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

15 of the Torres-Martinez Indian Tribe and affected In16 dian allottees against the 2 water districts seeking

17 damages related to the inundation of tribal-owned

18 and allottee-owned lands and injunctive relief to pre19 vent future discharge of water on such lands.

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

21 Court for the Southern District of California entered

22 a judgment in the United States Suit requiring the

23 Coachella Valley Water District to pay $212,908.41

24 in past and future damages and the Imperial Irriga25 tion District to pay $2,795,694.33 in past and fu-
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1 ture damages in lieu of the United States request

2 for a permanent injunction against continued flood3 ing of the submerged lands.

4 (8) The United States, the Coachella Valley

5 Water District, and the Imperial Irrigation District

6 have filed notices of appeal with the United States

7 Court of Appeals for the Ninth Circuit from the dis8 trict court’s judgment in the United States Suit

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

10 55402), and the Torres-Martinez Indian Tribe has

11 filed a notice of appeal from the district court’s de12 nial of its motion to intervene as a matter of right

13 (Case number 92–55129).

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

15 has stayed further action on the appeals pending the

16 outcome of settlement negotiations.

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

18 brought its own lawsuit, Torres-Martinez Desert

19 Cahuilla Indians, et al., v. Imperial Irrigation Dis20 trict, et al., Case No. 91–1670 J (LSP) (referred to

21 in this section as the ‘‘Indian Suit’’) in the United

22 States District Court, Southern District of Califor23 nia, against the two water districts, and amended

24 the complaint to include as a plaintiff, Mary
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1 Resvaloso, in her own right, and as class representa2 tive of all other affected Indian allotment owners.

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

4 District Court to facilitate settlement negotiations.

5 (b) PURPOSE.—The purpose of this Act is to facili6 tate and implement the settlement agreement negotiated

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

8 Indian Suit for the purpose of resolving their conflicting

9 claims to their mutual satisfaction and in the public inter10 est.

11 SEC. 3. DEFINITIONS.

12 For the purposes of this Act:

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

14 those individual members of the Tribe, their succes15 sors, heirs, and assigns, who have individual owner16 ship of allotted Indian trust lands within the Torres17 Martinez Indian Reservation.

18 (2) PERMANENT FLOWAGE EASEMENT.—The

19 term ‘‘permanent flowage easement’’ means the per20 petual right by the water districts to use the de21 scribed lands in the Salton Sink within and below

22 the minus 220-foot contour as a drainage reservoir

23 to receive and store water from their respective

24 water and drainage systems, including flood water,

25 return flows from irrigation, tail water, leach water,
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1 operational spills and any other water which over2 flows and floods such lands, originating from lands

3 within such water districts.

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

5 means the inland body of water located in Riverside

6 and Imperial counties in California, which serves as

7 a drainage reservoir for water from precipitation,

8 natural runoff, irrigation return flows, wastewater,

9 floods, and other inflow from within its watershed

10 area.

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

12 the Secretary of the Interior.

13 (6) SETTLEMENT AGREEMENT.—The term

14 ‘‘Settlement Agreement’’ means the Agreement of

15 Compromise and Settlement Concerning Claims to

16 Lands of the United States Within and on the Pe17 rimeter of the Salton Sea Drainage Reservoir Held

18 in Trust for the Torres-Martinez Indians executed

19 on lllllllll.

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

21 Torres-Martinez Desert Cahuilla Indians, a federally

22 recognized Indian tribe with a reservation located in

23 Riverside and Imperial Counties, California.
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1 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

2 The United States hereby approves, ratifies, and con3 firms the Settlement Agreement.

4 SEC. 5. SETTLEMENT FUNDS.

5 (a) ESTABLISHMENT OF TRIBAL AND ALLOTTEES

6 SETTLEMENT TRUST FUNDS ACCOUNTS.—

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

8 Treasury of the United States 3 settlement trust

9 fund accounts to be known as—

10 (A) the Torres-Martinez Settlement Trust

11 Funds Account;

12 (B) the Torres-Martinez Allottees’ Settle13 ment Account I; and

14 (C) the Torres-Martinez Allottees’ Settle15 ment Account II.

16 (2) AVAILABILITY.—Amounts held in the

17 Torres-Martinez Settlement Trust Funds Account,

18 the Torres-Martinez Allottees’ Settlement Account I,

19 and the Torres-Martinez Allottees’ Settlement Ac20 count II shall be available to the Secretary for dis21 tribution to the Tribe and affected allottees in ac22 cordance with subsection (c).

23 (b) CONTRIBUTIONS TO THE SETTLEMENT TRUST

24 FUNDS.—

25 (1) IN GENERAL.—Amounts paid to the Sec26 retary for deposit into the trust fund accounts estab-
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1 lished by subsection (a) shall be allocated among

2 and deposited in the trust accounts in the amounts

3 determined by the tribal-allottee allocation provisions

4 of the Settlement Agreement.

5 (2) CASH PAYMENTS BY COACHELLA VALLEY

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

7 and upon the conditions specified in the Settlement

8 Agreement, the Coachella Valley Water District shall

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

10 the benefit of the Tribe and any affected allottees.

11 (3) CASH PAYMENTS BY IMPERIAL IRRIGATION

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

13 upon the conditions specified in the Settlement

14 Agreement, the Imperial Irrigation District shall pay

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

16 the benefit of the Tribe and any affected allottees.

17 (4) CASH PAYMENTS BY THE UNITED

18 STATES.—Within the time and upon the conditions

19 specified in the Settlement Agreement, the United

20 States shall pay into the three separate tribal and

21 allottee trust fund accounts the total sum of

22 $10,200,000, of which sum—

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

24 moneys appropriated by Congress under section

25 1304 of title 31, United States Code, the condi-
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1 tions of which are deemed to have been met, in2 cluding those of section 2414 of title 28, United

3 States Code; and

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

5 moneys appropriated by Congress for this spe6 cific purpose to the Secretary.

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

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

9 are not timely paid by the Coachella Valley Water

10 District or the Imperial Irrigation District, as the

11 case may be, the delinquent payor shall pay an addi12 tional sum equal to 10 percent interest annually on

13 the amount outstanding daily, compounded yearly on

14 December 31 of each respective year, until all out15 standing amounts due have been paid in full.

16 (6) SEVERALLY LIABLE FOR PAYMENTS.—The

17 Coachella Valley Water District, the Imperial Irriga18 tion District, and the United States shall each be

19 severally liable, but not jointly liable, for its respec20 tive obligation to make the payments specified by

21 this subsection.

22 (c) ADMINISTRATION OF SETTLEMENT TRUST

23 FUNDS.—The Secretary shall administer and distribute

24 funds held in the Torres-Martinez Settlement Trust

25 Funds Account, the Torres-Martinez Allottees’ Settlement
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1 Account I, and the Torres-Martinez Allottees’ Settlement

2 Account II in accordance with the terms and conditions

3 of the Settlement Agreement.

4 SEC. 6. TRUST LAND ACQUISITION AND STATUS.

5 (a) ACQUISITION AND PLACEMENT OF LANDS INTO

6 TRUST.—

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

8 into trust status lands purchased or otherwise ac9 quired by the Tribe within the areas described in

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

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

12 conditions, criteria, and procedures set forth in the

13 Settlement Agreement and this Act. Subject to such

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

15 purchased or otherwise acquired by the Tribe and

16 conveyed into trust status for the benefit of the

17 Tribe pursuant to the Settlement Agreement and

18 this Act shall be considered as if such lands were so

19 acquired in trust status in 1909 except as to water

20 rights as provided in subsection (c).

21 (2) PRIMARY ACQUISITION AREA.—

22 (A) IN GENERAL.—The primary area with23 in which lands may be acquired pursuant to

24 paragraph (1) are those certain lands located in

25 the Primary Acquisition Area, as defined in the
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1 Settlement Agreement. The amount of acreage

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

3 acres less the number of acres acquired and

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

5 (B) CONDITION OF ACQUISITION.—Lands

6 may not be acquired under this paragraph if, by

7 majority vote, the governing body of the city

8 within whose incorporated boundaries (as such

9 boundaries exist on the date of the execution of

10 the Settlement Agreement) such lands are situ11 ated—

12 (i) objects to the request of the Tribe

13 to convey such lands into trust; and

14 (ii) notifies the Secretary of any such

15 objection in writing within 60 days after

16 receiving a copy of the request of the Tribe

17 in accordance with the Settlement Agree18 ment.

19 (3) SECONDARY ACQUISITION AREA.—

20 (A) IN GENERAL.—Not more than 640

21 acres of land may be acquired pursuant to

22 paragraph (1) from those certain lands located

23 in the Secondary Acquisition Area, as defined

24 in the Settlement Agreement.
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1 (B) EFFECT OF OBJECTION BY CERTAIN

2 GOVERNING BODIES.—Lands referred to in sub3 paragraph (A) may not be acquired pursuant to

4 paragraph (1) if, by majority vote—

5 (i) the governing body of the city

6 whose incorporated boundaries the subject

7 lands are situated within; or

8 (ii) the governing body of Riverside

9 County, California, in the event that such

10 lands are located within an unincorporated

11 area,

12 formally objects to the request of the Tribe to

13 convey the subject lands into trust and notifies

14 the Secretary of such objection in writing with15 in 60 days after receiving a copy of the request

16 of the Tribe in accordance with the Settlement

17 Agreement.

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

19 have the right to conduct gaming on only 1 site within

20 the lands acquired pursuant to subsection (a)(1) (as pro21 vided more particularly in the Settlement Agreement).

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

23 under subsection (a) shall—

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

25 at the time of tribal acquisition, including all rights
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1 under any permit or license issued under the laws of

2 the State of California to—

3 (A) commence an appropriation of water;

4 (B) appropriate water; or

5 (C) increase the amount of water appro6 priated;

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

8 person who at any time recharges or stores water in

9 a ground water basin to recapture or recover the re10 charged or stored water or to authorize others to re11 capture or recover the recharged or stored water;

12 and

13 (3) continue to enjoy all valid water rights ap14 purtenant to the land existing immediately prior to

15 the time of tribal acquisition.

16 SEC. 7. PERMANENT FLOWAGE EASEMENTS.

17 (a) CONVEYANCE OF EASEMENT TO COACHELLA

18 VALLEY WATER DISTRICT.—

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

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

21 any affected Indian allotment owners, and their suc22 cessors and assigns, and the Tribe in its own right

23 and that of its successors and assigns, shall convey

24 to the Coachella Valley Water District a permanent

25 flowage easement as to all Indian trust lands (ap-
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1 proximately 11,800 acres) located within and below

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

3 accordance with the terms and conditions of the Set4 tlement Agreement.

5 (2) UNITED STATES INTEREST.—The United

6 States, in its own right shall, notwithstanding any

7 prior or present reservation or withdrawal of land of

8 any kind, convey to Coachella Valley Water District

9 a permanent flowage easement as to all Federal

10 lands (approximately 110,000 acres) located within

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

12 Sink, in accordance with the terms and conditions of

13 the Settlement Agreement.

14 (b) CONVEYANCE OF EASEMENT TO IMPERIAL IRRI15 GATION DISTRICT.—

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

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

18 any affected Indian allotment owners, and their suc19 cessors and assigns, and the Tribe in its own right

20 and that of its successors and assigns, shall grant

21 and convey to the Imperial Irrigation District a per22 manent flowage easement as to all Indian trust

23 lands (approximately 11,800 acres) located within

24 and below the minus 220-foot contour of the Salton
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1 Sink, in accordance with the terms and conditions of

2 the Settlement Agreement.

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

4 own right shall, notwithstanding any prior or

5 present reservation or withdrawal of land of any

6 kind, grant and convey to the Imperial Irrigation

7 District a permanent flowage easement as to all

8 Federal lands (approximately 110,000 acres) located

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

10 Salton Sink, in accordance with the terms and con11 ditions of the Settlement Agreement.

12 SEC. 8. SATISFACTION OF CLAIMS, WAIVERS, AND RE13 LEASES.

14 (a) SATISFACTION OF CLAIMS.—The benefits avail15 able to the Tribe and the allottees under the terms and

16 conditions of the Settlement Agreement and the provisions

17 of this Act shall constitute full and complete satisfaction

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

19 or related to the inundation and lack of drainage of tribal

20 and allottee lands described in section 2 of this Act and

21 further defined in the Settlement Agreement.

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

23 United States hereby approves and confirms the releases

24 and waivers required by the Settlement Agreement and

25 this Act.
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1 SEC. 9. MISCELLANEOUS PROVISIONS.

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

3 Act or the Settlement Agreement shall affect the eligibility

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

5 diminish the trust responsibility of the United States to

6 the Tribe and its members.

7 (b) ELIGIBILITY FOR OTHER SERVICES NOT AF8 FECTED.—No payment pursuant to this Act shall result

9 in the reduction or denial of any Federal services or pro10 grams to the Tribe or to members of the Tribe, to which

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

12 federally recognized Indian tribe or member of the Tribe.

13 (c) PRESERVATION OF EXISTING RIGHTS.—Except

14 for the rights specifically waived by this Act or the Settle15 ment Agreement, nothing in this Act shall affect or dimin16 ish any right to which the Tribe is entitled under existing

17 law.

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

19 or any of the lands acquired and placed into trust for,

20 the Tribe or allottees under this Act shall be deemed to

21 be taxable under Federal or State law, nor shall such pay22 ments or transfers be taxable events.

23 (e) AMENDMENT OF SETTLEMENT AGREEMENT.—

24 The Settlement Agreement may be amended from time to

25 time in accordance with its terms and conditions.
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this Act.

4 SEC. 11. EFFECTIVE DATE.

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

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

7 of this Act.

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

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

10 determines the following conditions have been met:

11 (1) The Tribe agrees to the Settlement Agree12 ment and the provisions of this Act and executes the

13 releases and waivers required by the Settlement

14 Agreement and this Act.

15 (2) The Coachella Valley Water District agrees

16 to the Settlement Agreement and to the provisions

17 of this Act.

18 (3) The Imperial Irrigation District agrees to

19 the Settlement Agreement and to the provisions of

20 this Act.

Æ