[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3640 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 622

104th CONGRESS

  2d Session

                               H. R. 3640

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 19, 1996

                 Read twice and placed on the calendar





                                                       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 Representatives of the 
United States of America in Congress assembled,

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 Reservation was 
        created, reserving a single, 640-acre section of land in the 
        Coachella Valley, California, north of the Salton Sink. The 
        Reservation was expanded 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 amendment of the Mission Indian Relief Act. Due to 
        receding water levels in the Salton Sea through the process of 
        evaporation, at the time of the 1909 enlargement of the 
        reservation, there were some expectations that the Salton Sea 
        would recede within a period 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 runoff 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 inundated, 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 action 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 Valley Water District'', Case No. 82-1790 K (M) 
        (hereafter 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 districts seeking damages 
        related to the inundation of tribal- and allottee-owned lands 
        and injunctive relief to prevent future discharge of water on 
        such lands.
            (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 District to pay $2,795,694.33 in past and future 
        damages in lieu of the United States' request for a permanent 
        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 district 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 lawsuit, Torres-
        Martinez Desert Cahuilla Indians, et al., v. Imperial 
        Irrigation District, et al., Case No. 91-1670 J (LSP) 
        (hereafter in this section referred to as the ``Indian Suit'') 
        in the United States District 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 affected 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 facilitate 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-Martinez 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 Reservation.
            (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 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 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 respective 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.

SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

    The United States hereby approves, ratifies, and confirms the 
Settlement Agreement.

SEC. 5. SETTLEMENT FUNDS.

    (a) Establishment of Tribal and Allottees Settlement Trust Funds 
Accounts.--
            (1) In general.--There are established in the Treasury of 
        the United States three settlement trust fund accounts to be 
        known as the ``Torres-Martinez Settlement Trust Funds 
        Account'', the ``Torres-Martinez Allottees Settlement Account 
        I'', and the ``Torres-Martinez Allottees Settlement Account 
        II'', respectively.
            (2) Availability.--Amounts held in the Torres-Martinez 
        Settlement Trust Funds Account, the Torres-Martinez Allottees 
        Settlement Account I, and the Torres-Martinez Allottees 
        Settlement Account II shall be available to the Secretary for 
        distribution to the Tribe and affected allottees in accordance 
        with subsection (c).
    (b) Contributions to the Settlement Trust Funds.--
            (1) In general.--Amounts paid to the Secretary for deposit 
        into the trust fund accounts established by subsection (a) 
        shall be allocated among and deposited in the trust accounts in 
        the amounts determined by the tribal-allottee allocation 
        provisions of the Settlement Agreement.
            (2) Cash payments by coachella valley water district.--
        Within the time, in the manner, and upon the conditions 
        specified in the Settlement Agreement, the Coachella Valley 
        Water District shall pay the sum of $337,908.41 to the United 
        States for the benefit of the Tribe and any affected allottees.
            (3) Cash payments by imperial irrigation district.--Within 
        the time, in the manner, and upon the conditions specified in 
        the Settlement Agreement, the Imperial Irrigation District 
        shall pay the sum of $3,670,694.33 to the United States for the 
        benefit of the Tribe and any affected allottees.
            (4) Cash payments by the united states.--Within the time 
        and upon the conditions specified in the Settlement Agreement, 
        the United States shall pay into the three separate tribal and 
        allottee trust fund accounts the total sum of $10,200,000, of 
        which sum--
                    (A) $4,200,000 shall be provided from moneys 
                appropriated by Congress under section 1304 of title 
                31, United States Code, the conditions of which are 
                deemed to have been met, including 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 specific 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 
        additional sum equal to 10 percent interest annually on the 
        amount outstanding daily, compounded yearly on December 31 of 
        each respective year, until all outstanding amounts due have 
        been paid in full.
            (6) Severally liable for payments.--The Coachella Valley 
        Water District, the Imperial Irrigation District, and the 
        United States shall each be severally liable, but not jointly 
        liable, for its respective 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 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 acquired 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, 
        conditions, criteria, and procedures set forth in the 
        Settlement 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 primary area within 
        which lands may be acquired pursuant to paragraph (1) are those 
        certain lands located in the Primary Acquisition Area, as 
        defined in 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 Acquisition 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
                            (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 issued under the laws of the 
        State of California to commence an appropriation of water, to 
        appropriate water, or to increase the amount of water 
        appropriated;
            (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 recharged or stored water or to 
        authorize others to recapture or recover the recharged or 
        stored water; and
            (3) continue to enjoy all valid water rights appurtenant 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 successors 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 (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 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 
        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 Irrigation 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 successors 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 
        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, 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 Salton Sink, in 
        accordance with the terms and conditions of the Settlement 
        Agreement.

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

    (a) Satisfaction of Claims.--The benefits available to the Tribe 
and the allottees under the terms and conditions of the Settlement 
Agreement and the provisions of this Act shall constitute full and 
complete satisfaction of the claims by the Tribe and the allottees 
arising from or related to the inundation and lack of drainage of 
tribal and allottee lands described in section 2 of this Act and 
further defined in the Settlement Agreement.
    (b) Approval of Waivers and Releases.--The United States hereby 
approves and confirms the releases and waivers required by the 
Settlement Agreement and this Act.

SEC. 9. MISCELLANEOUS PROVISIONS.

    (a) Eligibility for Benefits.--Nothing in this Act or 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.
    (b) Eligibility for Other Services Not Affected.--No payment 
pursuant to this Act shall result in the reduction or denial of any 
Federal services or programs 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 Agreement and the 
        provisions of this Act and executes the releases and waivers 
        required by the Settlement Agreement and this Act.
            (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.