[Congressional Record Volume 142, Number 91 (Wednesday, June 19, 1996)]
[Senate]
[Pages S6531-S6533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 1893. 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; to the Committee on Indian Affairs.


          the torres-martinez settlement agreement act of 1996

  Mrs. FEINSTEIN. Mr. President, today I rise to introduce legislation 
that will ratify the settlement agreement negotiated by the U.S. 
Departments of the Interior and Justice, Imperial Irrigation Water 
District, Coachella Valley Water District, and the Torres-Martinez 
Desert Cahuilla Indian Tribe. This settlement agreement resolves a long 
standing dispute to replace reservation lands the Torres-Martinez Tribe 
lost due to flooding from the Salton Sea.
  In 1876, the Torres-Martinez Indian Reservation was created by a 640-
acre section of land in Coachella Valley, California at the northern 
end of the Salton Sink. The Reservation was expanded in 1891 adding 
approximately 12,000 acres to the original 640-acre reservation. 
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 reservation lands. In 1909, an additional 9,000 acres of 
land were then submerged under the Salton Sea.
  Today, the federal government holds 25,000 acres of the reservation 
in trust for the Tribe. Of this parcel, 11,800 acres is either 
currently under water or has been condemned as uninhabitable due to 
runoff and drainage water from the irrigation systems of the Imperial, 
Coachella, and Mexicali Valleys into the Salton Sea. Since 1982, the 
United States government, acting for the Tribe, has been negotiating 
with the Imperial and Coachella Valley Water Districts to compensate 
the Tribes for the loss of their reservation lands.
  In the settlement agreement, the Torres-Martinez Indian Tribe will 
receive $14 million: $10 million from the U.S. government and $4 
million from the water districts. From these funds, the Tribe can 
acquire and take into trust 11,800 acres of land. Of these parcels, 
11,160 must be contiguous to existing reservation land. The Tribe can 
acquire the remaining 640 acres within the Coachella Valley only if the 
local

[[Page S6532]]

governing body or Riverside County does not object. The Tribe's right 
to conduct gaming on lands taken into trust is limited and restricted 
to one gaming operation on one site.
  In return, the irrigation districts would be granted a permanent 
flowage easement over tribal and Federal lands within the minus 220 
foot contour of the Salton Sink.
  The settlement of this land dispute has been a major concern for many 
years. It has taken more than ten years for all parties involved to 
reach a consensus on the settlement agreement. There have been 
competing interests and priorities for everyone involved, including 
completion of the construction of the Route 86 Expressway project.
  All parties involved in negotiating this settlement agreement have 
worked hard to reach a consensus to implement this agreement. The Tribe 
has agreed to give local communities the right to veto its purchase of 
land and Riverside County has passed a resolution in support of this 
settlement agreement. Moreover, construction of Route 86 will progress.
  I commend the Departments of the Interior and Justice, the Coachella 
and Imperial Water Districts, and the Torres-Martinez Tribe for 
remaining committed to resolving this issue.
  Mr. President, I ask unanimous consent that the resolution passed by 
Riverside County in support of the agreement and correspondence I have 
received from the Water Districts and the Torres-Martinez Tribe 
indicating the accuracy of this legislation in completely implementing 
the settlement agreement, be printed in the Record following my 
remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mrs. FEINSTEIN. Mr. President, Congressman Sonny Bono introduced 
identical legislation last Thursday and the Native American and Insular 
Affairs Subcommittee of the House Resources Committee has scheduled 
hearings this afternoon on this legislation. I look forward to working 
with the Senate Committee on Indian Affairs to implement this agreement 
in law and the Appropriations Committee to provide funds as outlined in 
the settlement agreement.
  I hope my colleagues will join me today in enacting this legislation.


                               exhibit 1

 Submittal to the Board of Supervisors, County of Riverside, State of 
                               California

     From: Supervisor Wilson.
     Subject: Support of Legislation for Settlement With Torres-
         Martinez Indian Tribe.
       Recommended Motion: That the Board take a position in 
     support of the attached draft legislation, proposed by 
     Congressman Sonny Bono and providing for settlement with the 
     Torres-Martinez Indian Tribe by providing compensation for 
     acquisition of lands in the Coachella Valley; further, direct 
     the county Executive Office to immediately forward copies of 
     the Board Minute Order to members of California's 
     Congressional delegation.
       Justification: The accidental creation of the Salton Sea in 
     1905-1907 resulted in approximately 12,000 acres of Torres-
     Martinez Indian Tribal lands in the southeastern Coachella 
     Valley being either underwater or unusable. There has been 
     litigation since 1982 by the Federal Government on behalf of 
     the Tribe against Coachella Valley Water District and 
     Imperial Irrigation District, and the Tribe itself filed 
     litigation in 1991. In addition to the issue of compensation 
     to the Tribe, the completion of Highway 86 is also at risk, 
     as the alignment and construction of the highway is 
     contingent on right-of-way on existing Tribal lands.
       The attached draft legislation has been developed in 
     consultation with all parties, and I am advised that all are 
     in agreement with its provisions. It provides the Tribe with 
     funds to acquire 12,000 acres, either in entirety in the 
     ``primary'' acquisition area (Avenue 56, also known as 
     Airport Blvd., south to the Riverside/Imperial County line) 
     which is adjacent to existing Tribal lands, or up to 640 
     acres (out of the total 12,000) in the ``secondary'' 
     acquisition area (the remainder of the Coachella Valley, 
     generally from Desert Hot Springs southeast to Avenue 56).
       Finally, the legislation authorizes the Tribe to establish 
     a single gaming site, and provides land use jurisdiction 
     within the secondary acquisition area with the ability to 
     protest acquisition/conversion of land to Tribal status 
     within 60 days of being notified of the Tribe's intent.
       County Counsel worked directly with Congressman Bono's 
     staff in development of the draft legislation, and I urge the 
     Board's support of this proposed settlement.
     Roy Wilson.
                                                                    ____



                              Bayh, Connaughton & Malone, P.G.

                                    Washington, DC, June 14, 1996.
     Hon. Dianne Feinstein,
     Senate Hart Office Building,
     Washington, DC.
       Dear Senator Feinstein: I would like to transmit 
     correspondence from Coachella Valley Water District, the 
     Imperial Irrigation District and the Torres-Martinez Desert 
     Cahuilla Indians regarding the Torres-Martinez settlement 
     legislation (H.R. 3640).
       For the past four years, on behalf of the water districts 
     and in full cooperation with the Tribe, I have assisted in 
     facilitating this settlement through the Departments of the 
     Interior and Justice. The legislation introduced by Rep. Bono 
     in the House accurately and completely implements the 
     settlement agreement. Thus, all parties support enactment of 
     this legislation and ask that you sponsor the companion bill 
     on the Senate side.
       We appreciate your consideration of our request and are 
     grateful for all of the help we have received from Mia Ellis, 
     Susy Elfving and your other staff members over the past 
     several years. We are close to the finish line and we ask 
     that you and Senator Boxer help us on the Senate side in 
     enacting this legislation that is so critical to both the 
     Tribe and the water users in the Imperial and Coachella 
     Valleys of California.
       Thank you.
           Sincerely,
     Joseph Findaro.
                                                                    ____



                              Coachella Valley Water District,

                                     Coachella, CA, June 14, 1996.
     Hon. Diane Feinstein,
     Senate Hart Office Building,
     Washington, DC.
       Dear Senator Feinstein: The text of the Torres-Martinez 
     settlement legislation (introduced by Congressman Bono in the 
     House as H.R. 3640) accurately and completely implements the 
     settlement agreement. We, therefore, support enactment of 
     this legislation and request that you sponsor this 
     legislation in the Senate.
           Yours very truly,
                                                         Tom Levy,
     General Manager-Chief Engineer.
                                                                    ____



                                 Imperial Irrigation District,

                                      Imperial, CA, June 14, 1996.
     Hon. Dianne Feinstein,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Feinstein: I sincerely appreciate your 
     consideration of our request to carry the Senate companion 
     bill to authorize the Torres-Martinez land claims settlement.
       The text of the Torres-Martinez settlement legislation 
     (introduced in the House by Rep. Bono as H.R. 3640) 
     accurately and completely implements the settlement 
     agreement. We therefore support enactment of this legislation 
     and request that you sponsor this legislation in the Senate.
       Again, thank you for your assistance.
           Sincerely,
                                                    Eric E. Yoder,
     Government Relations.
                                                                    ____

                                               The Torres Martinez


                                      Desert Cahuilla Indians,

                                       Thermal, CA, June 14, 1996.
     Hon. Dianne Feinstein,
     Senate Hart Office Building,
     Washington, DC.
       Dear Senator Feinstein: The text of the Torres-Martinez 
     settlement legislation (introduced by Rep. Bono in the House 
     as H.R. 3640) accurately and completely implements the 
     settlement agreement. We therefore support enactment of this 
     legislation and request that you sponsor this legislation in 
     the Senate.
       We thank you for all of your assistance.
           Sincerely,
                                                  Mary E. Belardo,
     Chairperson.
                                                                    ____

                                                    Law Offices of


                                            Thomas E. Luebben,

                                   Albuquerque, NM, June 14, 1996.

     Attention: Mia Ellis.
     Re Torres-Martinez settlement legislation, H.B. 3640.
     Hon. Dianne Feinstein,
     Senate Hart Office Building,
     Washington, DC.
       Dear Senator Feinstein: The text of the Torres-Martinez 
     settlement legislation (introduced by Rep. Bono in the House 
     as H.R. 3640) accurately and completely implements the 
     settlement agreement. We therefore support enactment of this 
     legislation and request that you sponsor this legislation in 
     the Senate.
           Sincerely,

                                             Richard L. Young,

                                     Attorney for Torres-Martinez,
     Desert Cahuilla Indians.
                                                                    ____



                                   City of Desert Hot Springs,

                            Desert Hot Springs, CA, June 10, 1996.
     Hon. Dianne Feinstein,
     Senate, Hart Senate Building,
     Washington, DC.
       Dear Senator Feinstein: Soon President Clinton is expected 
     to approve a settlement of claims by the Torrez-Martinez 
     Desert Cahuilla Indian Tribe regarding the Salton Sea. The 
     Imperial Irrigation District and our district will be signing 
     this agreement along with the Tribe and the Federal 
     government.
       This settlement resolve long-standing disputes concerning 
     land and water use in our region of California. At the local 
     level, there is widespread support finally settling the 
     dispute and for swift enactment of legislation to implement 
     this settlement. We, therefore,

[[Page S6533]]

     urge you to sponsor this legislation for introduction in the 
     Senate concurrently with House introduction.
       The Cahuilla Indian Tribe will receive $14 million, 
     approximately $4 million from the two water districts and $10 
     million from the federal government. The districts will 
     receive permanent flowage easements, the Tribe will be able 
     to purchase new lands, and local water rights will be 
     protected.
       We appreciate the attention your staff has given this 
     matter over the last several years and look forward to 
     working with you to obtain implementing legislation.
           Sincerely,
                                                  Gerald F. Pisha,
     Mayor.

                          ____________________