[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1893 Reported in Senate (RS)]





                                                       Calendar No. 572

104th CONGRESS

  2d Session

                                S. 1893

                          [Report No. 104-360]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 3, 1996

                       Reported without amendment





                                                       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.

    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, at the northern end 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, 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) 
        (referred to in this section as the ``United States 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-owned 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 
        United States 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 United States 
        Suit (Case numbers 93-55389, 93-55398, and 93-55402), and the 
        Torres-Martinez Indian Tribe has filed a notice of appeal from 
        the district court's denial of its motion to intervene as a 
        matter of right (Case number 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 Torres-Martinez Indian Tribe brought its 
        own lawsuit, Torres-Martinez Desert Cahuilla Indians, et al., 
        v. Imperial Irrigation District, et al., Case No. 91-1670 J 
        (LSP) (referred to in this section 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 United States 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) Allottees.--The term ``allottees'' means those 
        individual members of the Tribe, their successors, heirs, and 
        assigns, who have individual ownership of allotted Indian trust 
        lands within the Torres-Martinez Indian Reservation.
            (2) Permanent flowage easement.--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.
            (3) Salton sea.--The term ``Salton Sea'' means the inland 
        body of water located in Riverside and Imperial counties in 
        California, 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.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Settlement agreement.--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.
            (7) Tribe.--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.

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 3 settlement trust fund accounts to be known 
        as--
                    (A) the Torres-Martinez Settlement Trust Funds 
                Account;
                    (B) the Torres-Martinez Allottees' Settlement 
                Account I; and
                    (C) the Torres-Martinez Allottees' Settlement 
                Account II.
            (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 
        acreage 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 to water 
        rights as provided in subsection (c).
            (2) Primary acquisition area.--
                    (A) In general.--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) Condition of acquisition.--Lands may not be 
                acquired under this paragraph if, by majority vote, the 
                governing body of the city within whose incorporated 
                boundaries (as such boundaries exist on the date of the 
                execution of the Settlement Agreement) such lands are 
                situated--
                            (i) objects to the request of the Tribe to 
                        convey such lands into trust; and
                            (ii) notifies the Secretary of any such 
                        objection in writing within 60 days after 
                        receiving a copy of the request of the Tribe in 
                        accordance with the Settlement Agreement.
            (3) Secondary acquisition area.--
                    (A) In general.--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) Effect of objection by certain governing 
                bodies.--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 request of the Tribe to convey 
                the subject lands into trust and notifies the Secretary 
                of such objection in writing within 60 days after 
                receiving a copy of the request of the Tribe in 
                accordance with the Settlement Agreement.
    (b) Restrictions on Gaming.--The Tribe shall have the right to 
conduct gaming on only 1 site within the lands acquired pursuant to 
subsection (a)(1) (as provided more particularly 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 all rights under any 
        permit or license issued under the laws of the State of 
        California to--
                    (A) commence an appropriation of water;
                    (B) appropriate water; or
                    (C) 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 for the rights 
specifically waived by this Act or the Settlement Agreement, nothing in 
this Act shall affect or diminish any right to which the Tribe is 
entitled under existing law.
    (d) Tax Treatment.--None of the moneys paid to, or any of the lands 
acquired and placed into trust for, the Tribe or allottees under this 
Act shall be deemed to be taxable under Federal or State law, nor shall 
such payments or transfers be taxable events.
    (e) 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.