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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3640 PCS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Torres-Martinez
Desert Cahuilla Indians Claims Settlement Act’’.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds and declares
that:
(1) In 1876, the Torres-Martinez Indian Res-
ervation was created, reserving a single, 640-acre
section of land in the Coachella Valley, California,
north of the Salton Sink. The Reservation was ex-
panded in 1891 by Executive Order, pursuant to the
Mission Indian Relief Act of 1891, adding about
12,000 acres to the original 640-acre reservation.
(2) Between 1905 and 1907, flood waters of the
Colorado River filled the Salton Sink, creating the
Salton Sea, inundating approximately 2,000 acres of
the 1891 reservation lands.
(3) In 1909 an additional 12,000 acres of land,
9,000 of which were then submerged under the
Salton Sea, were added to the reservation under a
Secretarial Order issued pursuant to a 1907 amend-
ment of the Mission Indian Relief Act. Due to reced-
ing water levels in the Salton Sea through the proc-
ess of evaporation, at the time of the 1909 enlarge-
ment of the reservation, there were some expecta-
HR 3640 PCS
tions that the Salton Sea would recede within a pe-
riod of 25 years.
(4) Through the present day, the majority of
the lands added to the reservation in 1909 remain
inundated due in part to the flowage of natural run-
off and drainage water from the irrigation systems
of the Imperial, Coachella, and Mexicali Valleys into
the Salton Sea.
(5) In addition to those lands that are inun-
dated, there are also tribal and individual Indian
lands located on the perimeter of the Salton Sea
that are not currently irrigable due to lack of proper
drainage.
(6) In 1982, the United States brought an ac-
tion in trespass entitled ‘‘United States of America,
in its own right and on behalf of Torres-Martinez
Band of Mission Indians and the Allottees therein v.
The Imperial Irrigation District and Coachella Val-
ley Water District’’, Case No. 82–1790 K (M) (here-
after in this section referred to as the ‘‘U.S. Suit’’)
on behalf of the Torres-Martinez Indian Tribe and
affected Indian allottees against the two water dis-
tricts seeking damages related to the inundation of
tribal- and allottee-owned lands and injunctive relief
to prevent future discharge of water on such lands.
HR 3640 PCS
(7) On August 20, 1992, the Federal District
Court for the Southern District of California entered
a judgment in the U.S. Suit requiring the Coachella
Valley Water District to pay $212,908.41 in past
and future damages and the Imperial Irrigation Dis-
trict to pay $2,795,694.33 in past and future dam-
ages in lieu of the United States’ request for a per-
manent injunction against continued flooding of the
submerged lands.
(8) The United States, the Coachella Valley
Water District, and the Imperial Irrigation District
have filed notices of appeal with the United States
Court of Appeals for the Ninth Circuit from the dis-
trict court’s judgment in the U.S. Suit (Numbers
93–55389, 93–55398, and 93–55402), and the
Tribe has filed a notice of appeal from the district
court’s denial of its motion to intervene as a matter
of right (No. 92–55129).
(9) The Court of Appeals for the Ninth Circuit
has stayed further action on the appeals pending the
outcome of settlement negotiations.
(10) In 1991, the Tribe brought its own law-
suit, Torres-Martinez Desert Cahuilla Indians, et
al., v. Imperial Irrigation District, et al., Case No.
91–1670 J (LSP) (hereafter in this section referred
HR 3640 PCS
to as the ‘‘Indian Suit’’) in the United States Dis-
trict Court, Southern District of California, against
the two water districts, and amended the complaint
to include as a plaintiff, Mary Resvaloso, in her own
right, and as class representative of all other af-
fected Indian allotment owners.
(11) The Indian Suit has been stayed by the
District Court to facilitate settlement negotiations.
(b) PURPOSE.—The purpose of this Act is to facili-
tate and implement the settlement agreement negotiated
and executed by the parties to the U.S. Suit and Indian
Suit for the purpose of resolving their conflicting claims
to their mutual satisfaction and in the public interest.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘Tribe’’ means the Torres-Mar-
tinez Desert Cahuilla Indians, a federally recognized
Indian tribe with a reservation located in Riverside
and Imperial Counties, California.
(2) The term ‘‘allottees’’ means those individual
Tribe members, their successors, heirs, and assigns,
who have individual ownership of allotted Indian
trust lands within the Torres-Martinez Indian Res-
ervation.
HR 3640 PCS
(3) The term ‘‘Salton Sea’’ means the inland
body of water located in Riverside and Imperial
counties which serves as a drainage reservoir for
water from precipitation, natural runoff, irrigation
return flows, wastewater, floods, and other inflow
from within its watershed area.
(4) The term ‘‘Settlement Agreement’’ means
the Agreement of Compromise and Settlement Con-
cerning Claims to Lands of the United States With-
in and on the Perimeter of the Salton Sea Drainage
Reservoir Held in Trust for the Torres-Martinez In-
dians executed on June 18, 1996.
(5) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) The term ‘‘permanent flowage easement’’
means the perpetual right by the water districts to
use the described lands in the Salton Sink within
and below the minus 220-foot contour as a drainage
reservoir to receive and store water from their re-
spective water and drainage systems, including flood
water, return flows from irrigation, tail water, leach
water, operational spills and any other water which
overflows and floods such lands, originating from
lands within such water districts.
HR 3640 PCS
cluding those of section 2414 of title 28, United
States Code; and
(B) $6,000,000 shall be provided from
moneys appropriated by Congress for this spe-
cific purpose to the Secretary.
(5) ADDITIONAL PAYMENTS.—In the event that
any of the sums described in paragraphs (2) or (3)
are not timely paid by the Coachella Valley Water
District or the Imperial Irrigation District, as the
case may be, the delinquent payor shall pay an addi-
tional sum equal to 10 percent interest annually on
the amount outstanding daily, compounded yearly on
December 31 of each respective year, until all out-
standing amounts due have been paid in full.
(6) SEVERALLY LIABLE FOR PAYMENTS.—The
Coachella Valley Water District, the Imperial Irriga-
tion District, and the United States shall each be
severally liable, but not jointly liable, for its respec-
tive obligation to make the payments specified by
this subsection.
(c) ADMINISTRATION
OF
SETTLEMENT
TRUST
FUNDS.—The Secretary shall administer and distribute
funds held in the Torres-Martinez Settlement Trust
Funds Account, the Torres-Martinez Allottees Settlement
Account I, and the Torres-Martinez Allottees Settlement
HR 3640 PCS
Account II in accordance with the terms and conditions
of the Settlement Agreement.
SEC. 6. TRUST LAND ACQUISITION AND STATUS.
(a) ACQUISITION AND PLACEMENT OF LANDS INTO
TRUST.—
(1) IN GENERAL.—The Secretary shall convey
into trust status lands purchased or otherwise ac-
quired by the Tribe within the areas described in
paragraphs (2) and (3) in an amount not to exceed
11,800 acres in accordance with the terms, condi-
tions, criteria, and procedures set forth in the Settle-
ment Agreement and this Act. Subject to such
terms, conditions, criteria, and procedures, all lands
purchased or otherwise acquired by the Tribe and
conveyed into trust status for the benefit of the
Tribe pursuant to the Settlement Agreement and
this Act shall be considered as if such lands were so
acquired in trust status in 1909 except as (i) to
water rights as provided in subsection (c), and (ii)
to valid rights existing at the time of acquisition
pursuant to this Act.
(2) PRIMARY ACQUISITION AREA.—(A) The pri-
mary area within which lands may be acquired pur-
suant to paragraph (1) are those certain lands lo-
cated in the Primary Acquisition Area, as defined in
HR 3640 PCS
the Settlement Agreement. The amount of acreage
that may be acquired from such area is 11,800 acres
less the number of acres acquired and conveyed into
trust by reason of paragraph (3).
(B) Lands may not be acquired under this
paragraph if by majority vote of the governing body
of the city within whose incorporated boundaries (as
such boundaries exist on the date of the Settlement
Agreement) objects to the Tribe’s request to convey
such lands into trust and notifies the Secretary of
such objection in writing within 60 days of receiving
a copy of the Tribe’s request in accordance with the
Settlement Agreement.
(3) SECONDARY ACQUISITION AREA.—
(A) Not more than 640 acres of land may
be acquired pursuant to paragraph (1) from
those certain lands located in the Secondary Ac-
quisition Area, as defined in the Settlement
Agreement.
(B) Lands referred to in subparagraph (A)
may not be acquired pursuant to paragraph (1)
if by majority vote—
(i) the governing body of the city
whose incorporated boundaries the subject
lands are situated within, or
HR 3640 PCS
(ii) the governing body of Riverside
County, California, in the event that such
lands are located within an unincorporated
area,
formally objects to the Tribe’s request to convey
the subject lands into trust and notifies the
Secretary of such objection in writing within 60
days of receiving a copy of the Tribe’s request
in accordance with the Settlement Agreement.
(b) RESTRICTIONS
ON GAMING.—The Tribe shall
have the right to conduct gaming on only one site within
the lands acquired pursuant to subsection (a)(1) as more
particularly provided in the Settlement Agreement.
(c) WATER RIGHTS.—All lands acquired by the Tribe
under subsection (a) shall—
(1) be subject to all valid water rights existing
at the time of tribal acquisition, including (but not
limited to) all rights under any permit or license is-
sued under the laws of the State of California to
commence an appropriation of water, to appropriate
water, or to increase the amount of water appro-
priated;
(2) be subject to the paramount rights of any
person who at any time recharges or stores water in
a ground water basin to recapture or recover the re-
HR 3640 PCS
charged or stored water or to authorize others to re-
capture or recover the recharged or stored water;
and
(3) continue to enjoy all valid water rights ap-
purtenant to the land existing immediately prior to
the time of tribal acquisition.
SEC. 7. PERMANENT FLOWAGE EASEMENTS.
(a) CONVEYANCE
OF EASEMENT
TO COACHELLA
VALLEY WATER DISTRICT.—
(1) TRIBAL INTEREST.—The United States, in
its capacity as trustee for the Tribe, as well as for
any affected Indian allotment owners, and their suc-
cessors and assigns, and the Tribe in its own right
and that of its successors and assigns, shall convey
to the Coachella Valley Water District a permanent
flowage easement as to all Indian trust lands (ap-
proximately 11,800 acres) located within and below
the minus 220-foot contour of the Salton Sink, in
accordance with the terms and conditions of the Set-
tlement Agreement.
(2) UNITED
STATES
INTEREST.—The United
States, in its own right shall, notwithstanding any
prior or present reservation or withdrawal of land of
any kind, convey to Coachella Valley Water District
a permanent flowage easement as to all Federal
HR 3640 PCS
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.
(b) CONVEYANCE OF EASEMENT TO IMPERIAL IRRI-
GATION DISTRICT.—
(1) TRIBAL INTEREST.—The United States, in
its capacity as trustee for the Tribe, as well as for
any affected Indian allotment owners, and their suc-
cessors and assigns, and the Tribe in its own right
and that of its successors and assigns, shall grant
and convey to the Imperial Irrigation District a per-
manent 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, in accordance with the terms and conditions of
the Settlement Agreement.
(2) UNITED STATES.—The United States, in its
own right shall, notwithstanding any prior or
present reservation or withdrawal of land of any
kind, grant and convey to the Imperial Irrigation
District a permanent flowage easement as to all
Federal lands (approximately 110,000 acres) located
within and below the minus 220-foot contour of the
HR 3640 PCS
grams to the Tribe or to members of the Tribe, to which
they are entitled or eligible because of their status as a
federally recognized Indian tribe or member of the Tribe.
(c) PRESERVATION OF EXISTING RIGHTS.—Except
as provided in this Act or the Settlement Agreement, any
right to which the Tribe is entitled under existing law shall
not be affected or diminished.
(d) AMENDMENT OF SETTLEMENT AGREEMENT.—
The Settlement Agreement may be amended from time to
time in accordance with its terms and conditions.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
SEC. 11. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided by subsection
(b), this Act shall take effect on the date of enactment
of this Act.
(b) EXCEPTION.—Sections 4, 5, 6, 7, and 8 shall take
effect on the date on which the Secretary of the Interior
determines the following conditions have been met:
(1) The Tribe agrees to the Settlement Agree-
ment and the provisions of this Act and executes the
releases and waivers required by the Settlement
Agreement and this Act.
HR 3640 PCS
(2) The Coachella Valley Water District agrees
to the Settlement Agreement and to the provisions
of this Act.
(3) The Imperial Irrigation District agrees to
the Settlement Agreement and to the provisions of
this Act.
Passed the House of Representatives September 10,
1996.
Attest:
ROBIN H. CARLE,
Clerk.