Calendar No. 622

104TH CONGRESS

2D SESSION H. R. 3640

AN ACT

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 19, 1996

Read twice and placed on the calendar
II

Calendar No. 622

104TH CONGRESS

2D SESSION H. R. 3640

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 11, 1996

Received

SEPTEMBER 19, 1996

Read twice and placed on the calendar

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 Desert Cahuilla Indians Claims Settlement Act’’.

4 SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.

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

6 that:

7 (1) In 1876, the Torres-Martinez Indian Res8 ervation was created, reserving a single, 640-acre

9 section of land in the Coachella Valley, California,

10 north of the Salton Sink. The Reservation was ex11 panded in 1891 by Executive Order, pursuant to the

12 Mission Indian Relief Act of 1891, adding about

13 12,000 acres to the original 640-acre reservation.

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

15 Colorado River filled the Salton Sink, creating the

16 Salton Sea, inundating approximately 2,000 acres of

17 the 1891 reservation lands.

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

19 9,000 of which were then submerged under the

20 Salton Sea, were added to the reservation under a

21 Secretarial Order issued pursuant to a 1907 amend22 ment of the Mission Indian Relief Act. Due to reced23 ing water levels in the Salton Sea through the proc24 ess of evaporation, at the time of the 1909 enlarge25 ment of the reservation, there were some expecta-
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1 tions that the Salton Sea would recede within a pe2 riod of 25 years.

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

4 the lands added to the reservation in 1909 remain

5 inundated due in part to the flowage of natural run6 off and drainage water from the irrigation systems

7 of the Imperial, Coachella, and Mexicali Valleys into

8 the Salton Sea.

9 (5) In addition to those lands that are inun10 dated, there are also tribal and individual Indian

11 lands located on the perimeter of the Salton Sea

12 that are not currently irrigable due to lack of proper

13 drainage.

14 (6) In 1982, the United States brought an ac15 tion in trespass entitled ‘‘United States of America,

16 in its own right and on behalf of Torres-Martinez

17 Band of Mission Indians and the Allottees therein v.

18 The Imperial Irrigation District and Coachella Val19 ley Water District’’, Case No. 82–1790 K (M) (here20 after in this section referred to as the ‘‘U.S. Suit’’)

21 on behalf of the Torres-Martinez Indian Tribe and

22 affected Indian allottees against the two water dis23 tricts seeking damages related to the inundation of

24 tribal- and allottee-owned lands and injunctive relief

25 to prevent future discharge of water on such lands.
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1 (7) On August 20, 1992, the Federal District

2 Court for the Southern District of California entered

3 a judgment in the U.S. Suit requiring the Coachella

4 Valley Water District to pay $212,908.41 in past

5 and future damages and the Imperial Irrigation Dis6 trict to pay $2,795,694.33 in past and future dam7 ages in lieu of the United States’ request for a per8 manent injunction against continued flooding of the

9 submerged lands.

10 (8) The United States, the Coachella Valley

11 Water District, and the Imperial Irrigation District

12 have filed notices of appeal with the United States

13 Court of Appeals for the Ninth Circuit from the dis14 trict court’s judgment in the U.S. Suit (Numbers

15 93–55389, 93–55398, and 93–55402), and the

16 Tribe has filed a notice of appeal from the district

17 court’s denial of its motion to intervene as a matter

18 of right (No. 92–55129).

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

20 has stayed further action on the appeals pending the

21 outcome of settlement negotiations.

22 (10) In 1991, the Tribe brought its own law23 suit, Torres-Martinez Desert Cahuilla Indians, et

24 al., v. Imperial Irrigation District, et al., Case No.

25 91–1670 J (LSP) (hereafter in this section referred
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1 to as the ‘‘Indian Suit’’) in the United States Dis2 trict Court, Southern District of California, against

3 the two water districts, and amended the complaint

4 to include as a plaintiff, Mary Resvaloso, in her own

5 right, and as class representative of all other af6 fected Indian allotment owners.

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

8 District Court to facilitate settlement negotiations.

9 (b) PURPOSE.—The purpose of this Act is to facili10 tate and implement the settlement agreement negotiated

11 and executed by the parties to the U.S. Suit and Indian

12 Suit for the purpose of resolving their conflicting claims

13 to their mutual satisfaction and in the public interest.

14 SEC. 3. DEFINITIONS.

15 For the purposes of this Act:

16 (1) The term ‘‘Tribe’’ means the Torres-Mar17 tinez Desert Cahuilla Indians, a federally recognized

18 Indian tribe with a reservation located in Riverside

19 and Imperial Counties, California.

20 (2) The term ‘‘allottees’’ means those individual

21 Tribe members, their successors, heirs, and assigns,

22 who have individual ownership of allotted Indian

23 trust lands within the Torres-Martinez Indian Res24 ervation.
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1 (3) The term ‘‘Salton Sea’’ means the inland

2 body of water located in Riverside and Imperial

3 counties which serves as a drainage reservoir for

4 water from precipitation, natural runoff, irrigation

5 return flows, wastewater, floods, and other inflow

6 from within its watershed area.

7 (4) The term ‘‘Settlement Agreement’’ means

8 the Agreement of Compromise and Settlement Con9 cerning Claims to Lands of the United States With10 in and on the Perimeter of the Salton Sea Drainage

11 Reservoir Held in Trust for the Torres-Martinez In12 dians executed on June 18, 1996.

13 (5) The term ‘‘Secretary’’ means the Secretary

14 of the Interior.

15 (6) The term ‘‘permanent flowage easement’’

16 means the perpetual right by the water districts to

17 use the described lands in the Salton Sink within

18 and below the minus 220-foot contour as a drainage

19 reservoir to receive and store water from their re20 spective water and drainage systems, including flood

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

22 water, operational spills and any other water which

23 overflows and floods such lands, originating from

24 lands within such water districts.
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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 three settlement trust

9 fund accounts to be known as the ‘‘Torres-Martinez

10 Settlement Trust Funds Account’’, the ‘‘Torres-Mar11 tinez Allottees Settlement Account I’’, and the

12 ‘‘Torres-Martinez Allottees Settlement Account II’’,

13 respectively.

14 (2) AVAILABILITY.—Amounts held in the

15 Torres-Martinez Settlement Trust Funds Account,

16 the Torres-Martinez Allottees Settlement Account I,

17 and the Torres-Martinez Allottees Settlement Ac18 count II shall be available to the Secretary for dis19 tribution to the Tribe and affected allottees in ac20 cordance with subsection (c).

21 (b) CONTRIBUTIONS TO THE SETTLEMENT TRUST

22 FUNDS.—

23 (1) IN GENERAL.—Amounts paid to the Sec24 retary for deposit into the trust fund accounts estab25 lished by subsection (a) shall be allocated among

26 and deposited in the trust accounts in the amounts
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1 determined by the tribal-allottee allocation provisions

2 of the Settlement Agreement.

3 (2) CASH PAYMENTS BY COACHELLA VALLEY

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

5 and upon the conditions specified in the Settlement

6 Agreement, the Coachella Valley Water District shall

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

8 the benefit of the Tribe and any affected allottees.

9 (3) CASH PAYMENTS BY IMPERIAL IRRIGATION

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

11 upon the conditions specified in the Settlement

12 Agreement, the Imperial Irrigation District shall pay

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

14 the benefit of the Tribe and any affected allottees.

15 (4) CASH PAYMENTS BY THE UNITED

16 STATES.—Within the time and upon the conditions

17 specified in the Settlement Agreement, the United

18 States shall pay into the three separate tribal and

19 allottee trust fund accounts the total sum of

20 $10,200,000, of which sum—

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

22 moneys appropriated by Congress under section

23 1304 of title 31, United States Code, the condi24 tions of which are deemed to have been met, in-
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1 cluding those of section 2414 of title 28, United

2 States Code; and

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

4 moneys appropriated by Congress for this spe5 cific purpose to the Secretary.

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

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

8 are not timely paid by the Coachella Valley Water

9 District or the Imperial Irrigation District, as the

10 case may be, the delinquent payor shall pay an addi11 tional sum equal to 10 percent interest annually on

12 the amount outstanding daily, compounded yearly on

13 December 31 of each respective year, until all out14 standing amounts due have been paid in full.

15 (6) SEVERALLY LIABLE FOR PAYMENTS.—The

16 Coachella Valley Water District, the Imperial Irriga17 tion District, and the United States shall each be

18 severally liable, but not jointly liable, for its respec19 tive obligation to make the payments specified by

20 this subsection.

21 (c) ADMINISTRATION OF SETTLEMENT TRUST

22 FUNDS.—The Secretary shall administer and distribute

23 funds held in the Torres-Martinez Settlement Trust

24 Funds Account, the Torres-Martinez Allottees Settlement

25 Account I, and the Torres-Martinez Allottees Settlement
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1 Account II in accordance with the terms and conditions

2 of the Settlement Agreement.

3 SEC. 6. TRUST LAND ACQUISITION AND STATUS.

4 (a) ACQUISITION AND PLACEMENT OF LANDS INTO

5 TRUST.—

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

7 into trust status lands purchased or otherwise ac8 quired by the Tribe within the areas described in

9 paragraphs (2) and (3) in an amount not to exceed

10 11,800 acres in accordance with the terms, condi11 tions, criteria, and procedures set forth in the Settle12 ment Agreement and this Act. Subject to such

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

14 purchased or otherwise acquired by the Tribe and

15 conveyed into trust status for the benefit of the

16 Tribe pursuant to the Settlement Agreement and

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

18 acquired in trust status in 1909 except as (i) to

19 water rights as provided in subsection (c), and (ii)

20 to valid rights existing at the time of acquisition

21 pursuant to this Act.

22 (2) PRIMARY ACQUISITION AREA.—(A) The pri23 mary area within which lands may be acquired pur24 suant to paragraph (1) are those certain lands lo25 cated in the Primary Acquisition Area, as defined in
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1 the Settlement Agreement. The amount of acreage

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

3 less the number of acres acquired and conveyed into

4 trust by reason of paragraph (3).

5 (B) Lands may not be acquired under this

6 paragraph if by majority vote of the governing body

7 of the city within whose incorporated boundaries (as

8 such boundaries exist on the date of the Settlement

9 Agreement) objects to the Tribe’s request to convey

10 such lands into trust and notifies the Secretary of

11 such objection in writing within 60 days of receiving

12 a copy of the Tribe’s request in accordance with the

13 Settlement Agreement.

14 (3) SECONDARY ACQUISITION AREA.—

15 (A) Not more than 640 acres of land may

16 be acquired pursuant to paragraph (1) from

17 those certain lands located in the Secondary Ac18 quisition Area, as defined in the Settlement

19 Agreement.

20 (B) Lands referred to in subparagraph (A)

21 may not be acquired pursuant to paragraph (1)

22 if by majority vote—

23 (i) the governing body of the city

24 whose incorporated boundaries the subject

25 lands are situated within, or
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1 (ii) the governing body of Riverside

2 County, California, in the event that such

3 lands are located within an unincorporated

4 area,

5 formally objects to the Tribe’s request to convey

6 the subject lands into trust and notifies the

7 Secretary of such objection in writing within 60

8 days of receiving a copy of the Tribe’s request

9 in accordance with the Settlement Agreement.

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

11 have the right to conduct gaming on only one site within

12 the lands acquired pursuant to subsection (a)(1) as more

13 particularly provided in the Settlement Agreement.

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

15 under subsection (a) shall—

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

17 at the time of tribal acquisition, including (but not

18 limited to) all rights under any permit or license is19 sued under the laws of the State of California to

20 commence an appropriation of water, to appropriate

21 water, or to increase the amount of water appro22 priated;

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

24 person who at any time recharges or stores water in

25 a ground water basin to recapture or recover the re-
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1 charged or stored water or to authorize others to re2 capture or recover the recharged or stored water;

3 and

4 (3) continue to enjoy all valid water rights ap5 purtenant to the land existing immediately prior to

6 the time of tribal acquisition.

7 SEC. 7. PERMANENT FLOWAGE EASEMENTS.

8 (a) CONVEYANCE OF EASEMENT TO COACHELLA

9 VALLEY WATER DISTRICT.—

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

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

12 any affected Indian allotment owners, and their suc13 cessors and assigns, and the Tribe in its own right

14 and that of its successors and assigns, shall convey

15 to the Coachella Valley Water District a permanent

16 flowage easement as to all Indian trust lands (ap17 proximately 11,800 acres) located within and below

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

19 accordance with the terms and conditions of the Set20 tlement Agreement.

21 (2) UNITED STATES INTEREST.—The United

22 States, in its own right shall, notwithstanding any

23 prior or present reservation or withdrawal of land of

24 any kind, convey to Coachella Valley Water District

25 a permanent flowage easement as to all Federal
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1 lands (approximately 110,000 acres) located within

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

3 Sink, in accordance with the terms and conditions of

4 the Settlement Agreement.

5 (b) CONVEYANCE OF EASEMENT TO IMPERIAL IRRI6 GATION DISTRICT.—

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

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

9 any affected Indian allotment owners, and their suc10 cessors and assigns, and the Tribe in its own right

11 and that of its successors and assigns, shall grant

12 and convey to the Imperial Irrigation District a per13 manent flowage easement as to all Indian trust

14 lands (approximately 11,800 acres) located within

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

16 Sink, in accordance with the terms and conditions of

17 the Settlement Agreement.

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

19 own right shall, notwithstanding any prior or

20 present reservation or withdrawal of land of any

21 kind, grant and convey to the Imperial Irrigation

22 District a permanent flowage easement as to all

23 Federal lands (approximately 110,000 acres) located

24 within and below the minus 220-foot contour of the
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1 Salton Sink, in accordance with the terms and con2 ditions of the Settlement Agreement.

3 SEC. 8. SATISFACTION OF CLAIMS, WAIVERS, AND

4 RELEASES.

5 (a) SATISFACTION OF CLAIMS.—The benefits avail6 able to the Tribe and the allottees under the terms and

7 conditions of the Settlement Agreement and the provisions

8 of this Act shall constitute full and complete satisfaction

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

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

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

12 further defined in the Settlement Agreement.

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

14 United States hereby approves and confirms the releases

15 and waivers required by the Settlement Agreement and

16 this Act.

17 SEC. 9. MISCELLANEOUS PROVISIONS.

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

19 Act or the Settlement Agreement shall affect the eligibility

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

21 diminish the trust responsibility of the United States to

22 the Tribe and its members.

23 (b) ELIGIBILITY FOR OTHER SERVICES NOT AF24 FECTED.—No payment pursuant to this Act shall result

25 in the reduction or denial of any Federal services or pro-
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1 grams to the Tribe or to members of the Tribe, to which

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

3 federally recognized Indian tribe or member of the Tribe.

4 (c) PRESERVATION OF EXISTING RIGHTS.—Except

5 as provided in this Act or the Settlement Agreement, any

6 right to which the Tribe is entitled under existing law shall

7 not be affected or diminished.

8 (d) AMENDMENT OF SETTLEMENT AGREEMENT.—

9 The Settlement Agreement may be amended from time to

10 time in accordance with its terms and conditions.

11 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums

13 as are necessary to carry out this Act.

14 SEC. 11. EFFECTIVE DATE.

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

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

17 of this Act.

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

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

20 determines the following conditions have been met:

21 (1) The Tribe agrees to the Settlement Agree22 ment and the provisions of this Act and executes the

23 releases and waivers required by the Settlement

24 Agreement and this Act.
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1 (2) The Coachella Valley Water District agrees

2 to the Settlement Agreement and to the provisions

3 of this Act.

4 (3) The Imperial Irrigation District agrees to

5 the Settlement Agreement and to the provisions of

6 this Act.

Passed the House of Representatives September 10,

1996.

Attest: ROBIN H. CARLE,

Clerk.