[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[House]
[Pages H10145-H10153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT ACT
Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3640) 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.
The Clerk read as follows:
H.R. 3640
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:
[[Page H10146]]
(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,
[[Page H10147]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Gallegly] and the gentleman from American Samoa [Mr.
Faleomavaega] each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Gallegly].
Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GALLEGLY asked and was given permission to revise and extend his
remarks.)
Mr. GALLEGLY. Mr. Speaker, H.R. 3640, the Torres-Martinez Desert
Cahuilla Indians Claims Settlement Act introduced by our colleague, Mr.
Bono of California, would facilitate and implement a settlement to
resolve long-standing land claims made by the Torres-Martinez Indian
Tribe relating to the inundation of their tribal lands by drainage
water from various irrigation systems flowing to the Salton Sea. It is
due to Mr. Bono's efforts that this has been brought to our attention.
This bill would establish three settlement trust funds in the U.S.
Treasury which will be available to the Secretary of the Interior for
distribution to the tribe.
In addition, H.R. 3640 provides that the Secretary of the Interior
shall take land into trust when acquired by the tribe from within two
acquisition areas defined in the settlement agreement.
It also provides that the United States and the tribe shall convey
permanent flowage easements as to all Indian trust lands and all
Federal lands, located below the minus 220-foot contour of the Salton
Sink, to the Coachella Valley Water District and the Imperial
Irrigation District.
Lands acquired by the tribe shall be subject to all valid and
existing water rights.
The administration, the tribe, and the two irrigation districts have
been working on this settlement for several years. Agreement has
finally been reached and H.R. 3640 is the result. In fact, today
Chairman Young of the Committee on Resources received a letter from the
Assistant Secretary for Indians Affairs at the Department of the
Interior in support of Congressman Bono's bill. I will include this
letter as part of my statement.
Finally, Mr. Speaker, let me point out that there is a land
acquisition issue, relating to H.R. 3640, to be resolved between the
Cabazon Band of Mission Indians and the Torres-Martinez Tribe. I
understand that complicated differences have arisen between the two
tribes regarding the implementation of H.R. 3640. These differences can
be negotiated and resolved between the two tribes in a manner which is
equitable and acceptable to both tribes. It is my understanding that
steps are being taken to work this out as H.R. 3640 moves forward in
the legislative process. We all look forward to a resolution to this
matter by these two tribes.
I support H.R. 3640, Mr. Speaker. It is a good, fair settlement of a
valid land claim and I recommend that it be passed by this body.
The letter previously referred to is as follows:
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC.
Hon. Don Young,
Chairman, House Committee on Resources, Washington, DC.
Dear Mr. Chairman: I understand that the Committee
unanimously approved H.R. 3640, the Torres-Martinez
Settlement Agreement Act, at the August 1, 1996, make-up of
the bill. If enacted, H.R. 3640 will ratify the June 18,
1996, settlement agreement resolving claims and issues
related to lands held in trust by the United States for the
benefit of the Torres-Martinez Indians (``Agreement'').
The Administration supports H.R. 3640, which it believes is
an equitable and overdue resolution to this long-standing
dispute between the Tribe and two water districts in Southern
California. Moreover, as a signatory to the Agreement, the
Federal Government is bound by the terms of the Agreement and
has a legal obligation under its terms to support the
enactment of this implementing legislation which is
``substantively the same in text and form'' as H.R. 3640.
The Department is aware that the Cabazon Band of Mission
Indians has raised concerns regarding the potential impact
enactment of H.R. 3640 may have on its interests. The
Department prefers that these differences be resolved without
modification to H.R. 3640 and
[[Page H10148]]
it has encouraged the Cabazon and Torres-Martinez Tribes to
meet to try to resolve their differences as soon as possible.
The Office of Management and Budget has advised that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Again, thank you and the members of your subcommittee for
your support and favorable treatment of this important
legislation.
Sincerely,
Ada E. Deer,
Assistant Secretary for
Indian Affairs.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, this bill would settle claims made by
the Torres-Martinez Desert Cahuilla Indian Tribe against two irrigation
districts in Southern California.
Mr. Speaker, before proceeding on, I just want to clarify for the
record that the name of this tribe, the Torres-Martinez, is not in any
way a reflection of the gentleman from California, Esteban Torres or
the gentleman from California, Matthew Martinez. I just want to clarify
that for the record, Mr. Speaker.
Mr. Speaker, some 11,000 acres of reservation land has been unusable
by the tribe due to flooding by the Salton Sea. The tribe had
originally accepted the land with the understanding that the Salton Sea
would recede allowing the tribe access to the lands. When this did not
occur, the tribe filed a trespass suit against the two local irrigation
districts. The courts found for the tribe and to head off additional
litigation, the Department of the Interior brought all the parties
together to work out a settlement. H.R. 3640 would enact the
administration's settlement.
Mr. Speaker, passage of H.R. 3640 will allow the Torres-Martinez
Tribe to procure land to utilize for the tribe's benefit and put an end
to an 80-year dispute. It will lift barriers which have impeded needed
improvements to California Highway 86. Further, it will ensure proper
drainage for the local water districts.
Mr. Speaker, support for the administration's settlement enacted by
this legislation is broad. The Resources Committee has received letters
of support for its passage from at least 16 nearby Indian tribes
including the Barona, Cahuilla, Campo, LaJolla, Morongo, San Manuel,
and Soboba Tribes. Nearly every non-Indian community in the vicinity
has written in support as well. Governor Wilson and California Attorney
General Lundgren also support its passage.
Let me make it perfectly clear that I believe that the Torres-
Martinez Tribe is the aggrieved party in this instance and it is they
who are being compensated. I think this settlement is fair and should
proceed. The Torres-Martinez Tribe has waited 80 long years for the
Federal Government to make good on promises it made.
Having made this point I also want to mention that the Cabazon Tribe
which runs a successful gaming operation in the vicinity has raised
concerns over the settlement. The Department of the Interior failed to
include the Cabazon Tribe in its discussions on the settlement. It
should have. Failure to do so has caused for difficulties between the
Cabazon and the Torres-Martinez Tribes which should not exist. The
Cabazon Tribe is looking out for the welfare of its members and we
should expect no less from them.
Mr. Speaker, the Torres-Martinez Tribe has given assurances to the
committee that they will continue to meet with the Cabazon Tribe to try
to work out their differences, pursuant to passage of this legislation.
I think that is as it should be. I would like to see the tribes come to
an equitable agreement but I believe this legislation should proceed.
Mr. Speaker, I wish to clarify that this settlement for Torres-
Martinez is not done for our colleagues Esteban Torres and Matthew
Martinez as some have suggested.
I urge my colleagues to support passage of this bill.
Mr. Speaker, I include the following for the Record:
The Torres Martinez Desert
Cahuilla Indians
Thermal, CA, August 30, 1996.
Re Torres Martinez Settlement Act, H.R. 3640 (S. 1893).
Mr. John A. James,
Tribal Chairman, Cabazon Band of Mission Indians, Indio, CA.
Dear Mr. James: In recent meetings with the Administration
and Congress, we have been informed that representatives of
Cabazon are spreading the word around Washington that Torres
Martinez is unwilling to meet with Cabazon concerning the
Torres Martinez Settlement Act, H.R. 3640 (S. 1893). Of
course that is not true, as you are well aware.
My Tribal Council met with your Tribal Council in your
tribal offices for several hours on July 29, and listened
respectfully to your objections to the Torres Martinez
Settlement legislation. You explained to us your view that
the populated part of the valley is ``Cabazon's market'' and
that our Tribe has no right to compete in ``Cabazon's
market''. We explained to you our view that the entire Valley
is ``everyone's market'', and that everyone has the right to
compete in that market. You stated that you would attempt to
defeat our Settlement legislation, unless we agreed to an
amendment which would exclude any land acquisitions in the
populated part of the Valley (north of Airport Blvd). We
stated that we could not agree to such an amendment, because
it would effectively destroy the most important economic-
development benefits contained in our Settlement. The July 29
meeting ended on that note of respectful disagreement between
sovereign tribal governments.
On August 9, I replied to your letter of August 6
requesting another meeting ``to discuss our differences
regarding H.R. 3640 and to make a sincere and diligent
attempt to reach a compromise on this issue''. After
reviewing what had occurred at the July 29 meeting my August
9 letter made the following reply to your request for further
meetings, discussions, and negotiations: ``Unless you have a
proposal different from the one which you presented to our
Tribal Council on July 29th, we see no reason to revisit the
same issues in another meeting. If you do have a different
proposal, please put it in writing and send it to us for our
Tribal Council's consideration. Any new issues can be
discussed with you in another Council-to-Council meeting.''
As I thought was made perfectly clear in my August 9
letter, we stand ready to meet with you at any time to
discuss your concerns with H.R. 3640 (S. 1893). We still see
no reason to revisit the same issues which were discussed
with you for several hours on July 29; but if you have some
reason to believe that further discussion for new issues
might be fruitful, please contact me and we will arrange
another Council-to-Council meeting at the earliest mutually
convenient time. If you have a new proposal. If you have a
new proposal (different from the one you presented at the
July 29 meeting), please put it in writing and send it to me
for presentation to my Tribal Council, so that we can begin
thinking about it prior to the next meeting be held in our
tribal offices.
In conclusion, I reiterate that my Tribal Council is ready
and willing to meet with your Tribal Council at any mutually
convenient time, to discuss H.R. 3640 (S. 1893) or any other
matter of concern to you. If you wish to meet with us, all
you have to do is ask.
Sincerely,
Mary E. Belardo,
Tribal Chairperson.
____
Cabazon Band of
Mission Indians,
Indio, CA, September 4, 1996.
Subject: Torres Martinez Settlement Act and H.R. 3640 (S.
1893).
Reference: Your letter of August 30, 1996.
Chairperson Mary E. Belardo,
Torres Martinez Desert Cahuilla Indians, Thermal, CA.
Dear Mrs. Belardo: Contrary to your statements that the
Cabazon Band are spreading word that your tribe is unwilling
to meet with us concerning H.R. 3640 (S. 1893), it was clear
from your letter that you rejected our proposals and that you
felt H.R. 3640 ``your bill'' and therefore it is not
necessary for you to accommodate other tribes by amending it.
You apparently don't understand that it is all tribes who
compete for the same market for their gaming facilities and
that they must do so from where their traditional tribal
lands are located. It is not ``our'' market, but a market
that seven gaming facilities must share.
We oppose your unprecedented request to jump over seven
cities and three other reservations in order to circumvent
our position in the middle of our ancestral lands. This is
not only unacceptable land planning, it sets a precedent that
all tribes who are in poor locations will try to follow.
The House Resources Committee took an official position on
August 2, 1996 directing the Torres Martinez and Cabazon Band
of Mission Indians to resolve their differences regarding the
terms of the proposed legislation. To that end, the Cabazon
Band of Mission Indians took the initiative and met with you
proposing three possible alternatives:
1. Re-align the gaming site acquisition to 7\1/2\ miles
west of your current reservation boundaries. This would allow
you to encroach into our traditional area and be within
proximity to where our casino is located and have access to
the market that all the tribes share.
[[Page H10149]]
2. Agree that any Torres Martinez casino be built near
Fantasy Springs and the neighboring Spotlight 29 Casino
immediately adjacent to our boundaries thus incorporating it
in an ``entertainment zone'' which has already been approved
by local municipal jurisdictions. This would allow three
tribes to create a synergy to bring customers into the region
in partnership with other non-Indian local governments.
3. Support the insertion of language into the proposed
legislation which would enable the Cabazon tribe to purchase
land up to 15 miles west of its current reservation
boundaries in the event you attempt to purchase property west
of our reservation. This could easily be inserted without
affecting the current agreement executed with the water
agencies. (This is our least favorite alternative.)
Negotiations and/or mitigation of differences is a two-way
process. It was our interpretation, based on your letter of
August 9, 1996, that you rejected our proposals and had no
alternative offers. You further stated that future meetings
would only be scheduled if the Cabazons came up with other
alternatives.
Our concerns remain with the provision of your settlement
agreement as it exists:
1. Violation of territorial jurisdictions by purchasing
lands within our traditional tribal occupancy area in direct
violation of Department of the Interior policy and
regulations;
2. That the process was flawed by not following prescribed
Department of the Interior procedures, specifically: Section
151.10(b) which requires that ``the tribe sufficiently
justify the need for additional land for gaming purposes;
section 151.10(c) which requires ``conclusion on factual
findings that the tribe has explored all reasonable and
viable alternatives (other than gaming) for economic
development; section 151.10(e) that the ``impacts be
considered on local city and county governments (cities
within 30 miles and tribes within 100 miles be notified and
brought into discussions).
3. That the proposed legislation is contrary to the
requirements of the Indian Gaming Regulatory Act of 1988 by
setting a precedent for developing gaming lands off of
established territorial properties, and part 1, section
20(a), 25 USC 2719(a) which requires that consultation be
done with appropriate state and local officials, including
officials of other nearby Indian tribes, and * * * that it
will not be detrimental to surrounding communities.
4. Erodes the ``good neighbor'' policy the tribes have been
attempting to establish between themselves and with local
cities by circumventing input from the cities and allowing
one tribe to invade the territory of another in order to have
a casino in violation of existing regulations. This creates
``bad blood''.
The Cabazon Band of Mission Indians continues to stand
ready to discuss viable alternatives and amendments to the
proposed legislation so that all parties concerned will
experience a ``win-win'' situation and equal treatment for
all tribes. We urge you to halt the legislative process while
you bring forward proposals acceptable to all which would
mitigate the aberration of our tribal rights. In the absence
of you immediate request to Congressman Bono that the process
be halted, we feel it will be necessary to maintain strong
opposition to the bill.
Sincerely,
John James,
Tribal Chairman.
____
Cabazon Band of
Mission Indians,
Indio, CA, June 28, 1996.
Hon. Sonny Bono,
House of Representatives,
Washington, DC.
Dear Congressman Bono: I am writing this letter in response
to your inquiry of June 27, 1996. You stated that it was
unclear why my tribal council is opposed to meeting in its
entirety with the Torres-Martinez tribal council on the issue
of the Torres-Martinez land settlement and our grave concern
over their taking lands for gaming purposes in our area of
jurisdiction, and the impact that it would have.
Let me start from the onset and make it clear that we very
much want to meet with the Torres-Martinez tribe, but for
them to call at the last minute with an ultimatum that our
tribal council assemble and ``face off'' with theirs, on an
issue which is very emotional on both sides, took us by
surprise. I will be pleased to notice a meeting which is
required in order for us to accommodate their wishes to meet
with an equal number of representatives. It will, however, be
necessary for us to have an exploratory meeting in order to
define each other's issues and positions so that when our
councils meet we can achieve the maximum amount of
productivity.
Chairman Belardo of Torres-Martinez has indicated that her
council will not allow her to meet with us except in its
entirety. I am very concerned that this is demonstrative of a
potential lack of confidence on the part of her council. It
is critical that the Torres-Martinez be able to distill their
positions and issues in order for any negotiation to bear
fruit. We stand ready and prepared to meet to define the
issues and subsequently have a like number of council members
meet face to face and find a suitable compromise that will
address their concerns, our concerns, and which will meet the
federal government's trust responsibility to both of us.
I hope that this will serve to demonstrate our willingness
and clear up any questions you may have about our intentions.
Thank you for committing to addressing our concerns. I
would like to formally ask you to hold field hearings on this
bill before it proceeds any further.
Sincerely,
John A. James,
Tribal Chairman.
____
Cabazon Band of
Mission Indians,
Indio, CA, July 10, 1996.
Hon. Sonny Bono,
House of Representatives,
Washington, DC.
Dear Congressman Bono: It is my understanding that you are
unavailable to meet with me this weekend while you are here
in the desert.
On July 9th my office contacted your scheduler, Inda
Valter, who said she would see if a meeting were possible.
Ms. Valter later informed by office that Brian Nestande
recommended we talk to Catherine Bailey prior to setting an
appointment with you. Ms. Valter also said your office was
hoping to hear that the Cabazon Band of Mission Indians would
be meeting with the Torres-Martinez tribe. Our response was
that we are in the process of setting up that same meeting.
It has since been scheduled for July 24th.
This morning, July 10th, Catherine Bailey informed our
tribal secretary that Ms. Valter found your weekend in the
desert to be fully booked. She did, however, say that you
wanted to know if there were something that needed to be
addressed in the near future.
Rather than communicating through staff, I believe we could
accomplish far more in a brief one on one meeting. I know you
have an extremely heavy schedule, and would not impose on you
if this were not of the utmost importance to our tribe.
In addition, I wrote to you on June 28th, formally
requesting field hearings on the H.R. 3640 issue. Would you
let me know if you have considered this and deem it possible?
Respectfully,
Mark Nichols,
Chief Executive Officer.
____
Congress of the United States,
July 11, 1996.
Mark Nichols,
Cabazon Band of Mission Indians,
Indio, CA.
Dear Mr. Nichols: Thank you for your letter of July 10,
1996.
At our meeting in June, we agreed on a plan that the
Cabazon meet directly with the Torres-Martinez to resolve its
particular issues, and then report to me after doing so. I
believe that the Cabazon should continue to go forward with
this plan. As we have discussed, the settlement agreement and
ratifying legislation provide both tribes with the
flexibility to do this. Please be assured that when a meeting
does occur between the two tribes, I will be glad to consider
whatever conclusions are reached. If you have additional
information you would like to share with me in the interim,
please feel free to contact my staff, as I am confident they
will continue to keep me fully informed.
At this time I do not believe a field hearing is needed. In
my view, a field hearing would be redundant to the briefings
we have already done, the press coverage and the
congressional hearing.
Thank you for keeping me informed of the Cabazon's views.
Sincerely,
Sonny Bono,
Member of Congress.
____
Cabazon Band of
Mission Indians,
Indio, CA, July 10, 1996.
Ms. Mary Belardo,
Tribal Chairperson, Torres-Martinez Desert Cahuilla Indians,
Thermal, CA.
Dear Chairperson Belardo: We are pleased to see that the
meeting of July 26th is still on. We will have name cards
made for your council and look forward to an opportunity to
productively explore a situation that we hope will meet both
of our respective tribal concerns. As we are prepared to try
to meet you half way, my council is concerned about your
recent statements in The Desert Sun that there will be no
adjustment or compromise.
Your conditions for a full council to council meeting and
your meeting cancellations have been accepted. However, the
new demands outlined in your July 16th letter create a
problem for us. We place a lot of confidence in the analysis
and guidance provided to us by our tribal attorney and chief
executive officer. The members of the Cabazon tribal council
may wish to hear their opinions on issues as the meeting
progresses, therefore we cannot agree to gag them. I am
hopeful that you will understand and accept our position on
this issue. Our tribal secretary will be at the meeting in a
strictly secretarial capacity not as a participant.
We agree to your stipulation that there be no press or
media in attendance.
Sincerely,
John A. James,
Tribal Chairman.
[[Page H10150]]
The Torres Martinez Desert
Cahuilla Indians,
Thermal, CA, July 22, 1996.
John A. James,
Chairman, Indio, CA.
Dear Chairman James: Thank you for your letter dated July
17, 1996. It is clear to us through this letter that you have
misinterpreted the content of our most recent letter to you.
If you will recall we originally made the first contact
with your tribe to request a meeting. Our reason for this
meeting was to address the rumored concerns of the Cabazon
people through their elected Tribal Council regarding our
Settlement Agreement. It has been through several mutual
changes that we have finally settled to meet with your
Council on July 26, 1996 at your Tribal Administrative
offices.
As Indian tribes we are often times required to hire staff
(non-Indian) that can help our tribes prosper. However, the
bottom line is we are still Indian people, with Indian
thinking, customs and traditions. It is in this spirit that
we come to hear from the Indian people of Cabazon.
To be truthful we have read the remarks of your (non-
Indian) CEO in the papers and have seen and heard enough of
his comments on television and radio. Frankly, we are not
concerned with how he feels about an Indian tribe that is
about to receive the most meaningful award granted to them in
approximately the last 120 years, however we are willing to
receive any papers or analysis that he would like to submit
to us.
It is our belief that Indian people have only survived over
these tumultuous years by sharing what little we have with
one another, this is the Indian way.
If you feel that the people of Cabazon cannot speak their
own true feelings then you may want to cancel our meeting,
but we will not listen to any non Indians at this meeting.
You describe this thinking as putting a ``gag'' on your
staff, we see it as expressing our sovereign right and
dealing with a fellow tribe in a government to government
manner. We do not take our sovereign rights lightly and will
need to insist on your understanding of this.
We look forward to meeting with your elected Tribal Council
on July 26, 1996.
Sincerely,
Mary E. Belardo,
Tribal Chairperson.
____
Cabazon Band of Mission Indians,
Indio, CA, August 2, 1996.
Ms. Mary Belardo,
Tribal Chairperson, The Torres Martinez Desert Cahuilla
Indians, Thermal, CA.
Dear Mary: As you have been notified in the hearing
language, it is the official House Resources Committee
position that a resolution be worked out concerning our
differences regarding H.R. 3640. In the absence of a
resolution, we will be forced to pursue this to the next
level. If you want the bill to pass this session it is
imperative that we work this out. We would like to
immediately begin negotiations so that we can find a solution
that is mutually acceptable to both of our tribes.
The tribal council to council meeting was a beginning,
however, our tribal council has determined that true progress
can only be made through hard negotiations between assigned
negotiating teams. We are prepared to put together such a
team on short notice once you have committed to a meeting
time. Would Monday, August 5th, at 2:00 p.m. be suitable?
Sincerely,
John A. James,
Tribal Chairman.
____
Agua Caliente Band of
Cahuilla Indians,
Palm Springs, CA, June 26, 1996.
Hon. Sonny Bono,
House of Representatives,
Washington, DC.
Dear Congressman Bono. On behalf of the Agua Caliente Band
of Indians, I would like to thank you for your efforts to
keep our Tribal Council informed on the status of HR 3640,
the Torres Martinez Desert Cahuilla Indians Claims Settlement
Act. Upon review, we can find no reason to oppose this
legislation. Further, we believe the negotiations leading to
this legislation reflect the proper government-to-government
relationship envisioned by the founders of this Nation.
Please feel free to contact me if I can be of any
assistance to you in the future.
Respectfully yours,
Richard M. Milanovich,
Chairman, Tribal Council, Agua Caliente Band of Cahuilla
Indians.
____
Augustine Band of Mission Indians,
Coachella, CA, June 28, 1996.
Hon. Sonny Bono,
House of Representatives,
Washington, DC.
Dear Congressman Bono: This letter is written to inform you
that the Augustine Band of Mission Indians supports HR 3640,
the Torres-Martinez Desert Cahulla Indians Claims Settlement
Act. The Augustine Tribe has always extended full support to
the Torres-Martinez Tribe in their on-going efforts to arrive
at an equitable resolution of a long standing claim for lost
lands.
You are to be commended for the time and effort you have
dedicated to the Torres-Martinez Desert Cahuilla Indians to
acquire a settlement of their claims.
Sincerely,
Maryann Martin,
Chairperson.
____
Barona Indian Reservation,
Lakeside, CA, August 30, 1996.
Hon. Sonny Bono,
House of Representatives,
Washington, DC.
Dear Congressman Bono: On behalf of the Barona Band of
Mission Indians, I am writing to you in support of HR 3640--
the Torres Martinez Desert Cahuilla Indian Claims Settlement
Act.
Your hard work and efforts on not only this legislation,
but on other Indian issues are not going unnoticed. As our
brothers and sisters of the Pechanga Band mentioned, . . .''
with your help and the support of your colleagues, Native
Americans are recapturing their dignity and price''.
Mr. Bono, I urge you to support HR 3640. Thank you!
Sincerely,
Clifford M. LaChappa,
Chairman.
____
Cahuilla Band of Indians,
Anza, CA, June 25, 1996.
Hon. Sonny Bono,
Congress of the United States, Cannon House Office Building,
Washington, DC.
Honorable Congressman Bono: We the Cahuilla Band of Indians
does support the ``Torres Martinez Desert Cahuilla Indians
Claims Settlement Act of 1996''. We understand that the term
of this act supports a settlement between the Torres Martinez
Desert Cahuilla Indians, local water districts and the
federal government.
The terms of the settlement agreement calling for
compensation to the Torres Martinez tribe in the amount of
$14 million. In addition, the tribe will be able to acquire
11,800 acres of land within boundaries specified in the bill.
Acquisition by the tribe will have no impact on existing
water rights of the local communities and tribes. The Torres
Martinez tribe will be allowed one limited gaming site on the
newly acquired lands. Local cities, county and tribal
governments will have the ability to veto acquisition of new
lands within their jurisdiction.
We the Cahuilla Band of Indians supports Member of Congress
Sonny Bono on the bill H.R. 3640.
Sincerely,
Michelle Salgado,
Tribal Chairperson.
____
Campo Band of Mission Indians,
August 19, 1996.
Hon. Sonny Bono,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Congressman Bono: On behalf of the Campo Band of
Mission Indians, I would like to express our support in favor
of H.R. 3640 the Torres Martinez Desert Cahuilla Indian Claim
Settlement Act. We appreciate your constant concern regarding
Native American issues. The dedication you have shown in
regards to this legislation exemplify your sensitivity and
understanding of our needs.
The Campo Band of Mission Indians look forward to
collaborating with you on future endeavors.
Sincerely,
Ralph Goff,
Chairman.
____
Jamul Band of Mission Indians,
Jamul, CA, July 18, 1996.
Hon. Sonny Bono,
House of Representatives, Washington, DC.
Dear Congressman Bono: We the Jamul Band of Mission Indians
support the ``Torres Martinez Desert Cahuilla Indian Claims
Settlement Act of 1996.''
Upon review, we can find no reason to oppose this
legislation. Further, we believe the negotiations leading to
this legislation reflect the proper government-to-government
relationship envisioned by the founders of this Nation.
Your continued support of bill H.R. 3640 is greatly
appreciated by Indian Tribes in your Congressional District
as well as other Congressional District in the Southern
California area.
Sincerely,
Raymond Hunter,
Chairman.
____
La Jolla Indian Reservation,
Valley Center, CA, August 15, 1996.
Hon. Sonny Bono,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Congressman Bono: On behalf of the La Jolla Band of
Mission Indians, I am writing to you in support of H.R. 3640,
the Torres Martinez Desert Cahuilla Indian Claims Settlement
Act. Once again you have demonstrated your concern regarding
Indian issues and a clear understanding of tribal
sovereignty.
Your dedicated efforts on this legislation show that you
are committed to ensuring that land and natural resources are
resolved fairly and equitably for Indian tribes.
Your willingness to solicit input from each of the Indian
communities in our area while developing this bill shows a
rare sensitivity to the needs of Indian communities.
In Indian Country your leadership is fast becoming a ray of
renewed confidence and hope in the American system. With your
help and the support of your colleagues, native Americans are
recapturing their dignity and pride.
[[Page H10151]]
The La Jolla Band of Mission Indians strongly support H.R.
3640.
Sincerely,
Viola A. Peck,
Acting Chairperson.
____
Los Coyotes Reservation,
Warner Springs, CA, August 19, 1996.
Hon. Sonny Bono,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Congressman Bono: On behalf of the Los Coyotes Band of
Mission Indians, I am writing to you in support of H.R. 3640,
the Torres-Martinez Desert Cahuilla Indian Claims Settlement
Act. Once again you have demonstrated your concern regarding
Indian issues and a clear understanding of tribal
sovereignty.
Your dedicated efforts on this legislation show that you
are committed to ensuring that land and natural resources are
resolved fairly and equitably for Indian tribes.
Your willingness to solicit input from each of the Indian
communities in our area while developing this bill shows a
rare sensitivity to the needs of Indian communities.
In Indian Country your leadership is fast becoming a ray of
renewed confidence and hope in the American system. With your
help and the support of your colleagues, native Americans are
recapturing their dignity and pride.
The Los Coyotes Band of Mission Indians strongly support
H.R. 3640.
Sincerely,
Frank Taylor,
Spokesman.
____
Manzanita Band of Mission Indians,
Boulevard, CA, July 18, 1996.
Hon. Sonny Bono,
House of Representatives, Washington DC.
Dear Congressman Bono: We the Manzanita Band of Mission
Indians support the ``Torres-Martinez Desert Cahuilla Indian
Claims Settlement Act of 1995''.
Upon review, we can find no reason to oppose this
legislation. Further, we believe the negotiations leading to
this legislation reflect the proper government-to-government
relationship envisioned by the founders of this Nation.
Your continued support of Bill H.R. 3640 is greatly
appreciated by Indian Tribes in your Congressional District
as well as other Congressional Districts in the Southern
California area.
Cordially,
Frances Shaw,
Chairman.
____
Morongo Band of
Mission Indians,
Banning, CA, June 26, 1996.
Hon. Sonny Bono,
Cannon House Office Building,
Washington, DC.
Dear Congressman Bono: On behalf of the Morongo Band of
Mission Indians, I am writing to you in support of H.R. 3640,
the Torres-Martinez Desert Cahuilla Indian Claims Settlement
Act. Once again you have demonstrated your concern regarding
Indian issues and a clear understanding of tribal
sovereignty.
Your dedicated efforts on this legislation show that you
are committed to ensuring that land and natural resources are
resolved fairly and equitably for Indian tribes.
Your willingness to solicit input from each of the Indian
communities in our area while developing this bill shows a
rare sensitivity to the needs of Indian communities.
In Indian Country your leadership is fast becoming a ray of
renewed confidence and hope in the American system. With your
help and the support of your colleagues, Native Americans are
recapturing their dignity and pride.
The Morongo Band of Mission Indians strongly support H.R.
3640.
Sincerely,
Mary Ann Andreas,
Tribal Chairperson,
Morongo Band of Mission Indians.
____
Pala Band Of
Mission Indians,
Pala, CA, July 17, 1996.
Hon. Sonny Bono,
Cannon House Office Building,
Washington, DC.
Dear Mr. Congressman: I want you to know how pleased the
Pala Band of Mission Indians are with the introduction of
H.R. 3640, the Torres-Martinez Desert Cahuilla Indians Claims
Settlement Act.
The Pala Band of Mission Indians understands that this Act,
H.R. 3640 supports a settlement between the Torres-Martinez
Desert Cahuilla Indians, local water districts and the
federal government.
The monetary compensation to the Tribe and the restoration
of land lost to the Native people goes a long way to right a
wrong and shows the proper government-to-government
relationship envisioned by the founders of this great Nation.
The Tribal Council of the Pala Band of Mission Indians
support this legislation and feels that with people such as
you in government this Nation is on the right track to
becoming the world leader it once was.
Please feel free to contact the Pala Band of Mission
Indians if we can be of any assistance to you in the future.
We like what we see Mr. Congressman. You can make the
difference!
Robert H. Smith,
Chairman/CEO,
Pala Band of Mission Indians.
____
Pechanga Indian Reservation,
Temecula, CA, July 30, 1996.
Hon. Sonny Bono,
Cannon House Office Building,
Washington, DC.
Dear Congressman Bono: On behalf of the Pechanga Band of
Luiseno Indians, I am writing to you in support of HR 3640,
the Torres Martinez Desert Cahuilla Indian Claims Settlement
Act: Once again you have demonstrated your concern regarding
Indian issues and a clear understanding of tribal
sovereignty.
Your dedicated efforts on this legislation show that you
are committed to ensuring that land and natural resources are
resolved fairly and equitably for Indian tribes.
Your willingness to solicit input from each of the Indian
communities in our area while developing this bill shows a
rare sensitivity to the needs of Indian communities.
In Indian Country your leadership is fast becoming a ray of
renewed confidence and hope in the American system. With your
help and the support of your colleagues, native Americans are
recapturing their dignity and pride.
The Pechanga Band of Mission Indians strongly support HR
3640.
Sincerely,
Mark A. Macarro,
Tribal Spokesman,
Pechanga Band of Mission Indians.
____
San Manuel Band of
Mission Indians,
Highland, CA, August 9, 1996.
Hon. Sonny Bono,
Cannon House Office Building,
Washington, DC.
Dear Congressman Bono: On behalf of the San Manuel Band of
Mission Indians, I would like to express our support in favor
of HR 3640, the Torres Martinez Desert Cahuilla Indian Claims
Settlement Act. We appreciate your constant concern regarding
Native American issues. The dedication you have shown in
regard to this legislation exemplify your sensitivity and
understanding of our needs.
The San Manuel Band of Mission Indians look forward to
collaborating with you on future endeavors.
Sincerely,
Henry Duro, Chairman.
____
San Pasqual Band of Indians,
Valley Center, CA, July 22, 1996.
Hon. Sonny Bono,
Cannon House Office Building,
Washington, DC.
Hon. Congressman Bono: The San Pasqual Band of Mission
Indians supports ``Torres Martinez Desert Cahuilla Indian
Claims Settlement Act of 1996''. We understand that the term
of this act supports a settlement between the Torres Martinez
Desert Cahuilla Indians, local water districts and the
federal government.
The economic gain for Torres-Martinez is much needed. They
have waited long and endured much.
The San Pasqual Band of Mission Indians heartily support
you Congressman Bono on H.R. 3640.
Respectfully,
Dorothy M. Tavui.
____
Soboba Band of
Mission Indians,
San Jacinto, CA, June 22, 1996.
Hon. Sonny Bono,
Cannon Office Building,
Washington, DC.
Dear Congressman Bono: The Soboba Band of Mission Indians
supports your proposed bill concerning a land settlement with
the Torres-Martinez Band of Mission Indians.
We believe a settlement will provide long overdue
compensation to the Torres-Martinez Band for their land which
was rendered useless since the early 1900's. We are pleased
the federal government and the Band have reached an
agreement. The settlement will not only benefit the Torres-
Martinez Band but also the surrounding communities.
The Soboba Band appreciates your efforts in reaching a
settlement and your support of Native Americans.
Sincerely,
Carl Lopez, Chairman.
____
Twenty-Nine Palms
Band of Mission Indians,
Coachella, CA, June 26, 1996.
Hon. Sonny Bono,
Cannon Office Building,
Washington, DC.
Dear Congressman Bono: The Twenty-Nine Palms Band of
Mission Indians, owners of the Spotlight 29 Casino located
near Coachella, California, offers its support to your
proposed bill concerning a land settlement with our nearby
Native American neighbors, the Torres Martinez Desert
Chahuilla Indians.
We believe that such a settlement will provide long overdue
compensation to the Torres Martinez for their land which was
flooded and rendered virtually useless since the early
1900's, and are pleased that the federal government has
reached a solution which is acceptable to them.
The resolution will not only benefit the Torres Martinez
but will also offer potential benefits to the surrounding
communities by providing the Torres Martinez the opportunity
to join with local efforts to enhance the economy and well
being of citizen's in the area.
We appreciate your efforts to keep us informed of the
settlement because of its effect
[[Page H10152]]
on the overall community, and look forward to other
cooperative efforts with your office in the future.
Sincerely,
Dean Mike,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I yield 5 minutes to my good friend, the
gentleman from California [Mr. Bono].
(Mr. BONO asked and was given permission to revise and extend his
remarks.)
Mr. BONO. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I am trying to be as explicit as I can on a very
complicated issue. First of all, I do want to recognize the Cabazon
Indians' legitimate complaint that they were not notified by the
Department of the Interior, and, therefore, had to play catch-up in
this situation and have a legitimate complaint.
{time} 1615
So I just want to say, hopefully, as this legislation progresses,
that we will do everything we can to encourage the tribes to work out a
settlement on their dispute, but recognize that it is an Indian dispute
and that they should settle that between themselves. We do not really
have a good guy or a bad guy here. It is just that this situation came,
and we do understand it, and they have my support as well. So we hope
it will settle as this legislation goes on.
This has been going on for 80 years, and what happened, basically, is
the Torres-Martinez land was flooded and they have not had a home.
Eventually they had to sue, and that litigation has been going on for
15 years. We have finally brought this to closure, which is very
important because it not only deals with the tribes but it deals with
the local communities, as well.
We have a highway, Highway 86, that cannot be repaired because of
this litigation and we lose 10 people, annually 10 people die, and we
would love to repair this highway. This would finally permit us to fix
this highway and get rid of those needless deaths on an annual basis.
Furthermore, we have a big agriculture community within the district,
and there is a drainage issue. This would allow that drainage problem
to go away so that the agricultural industry could drain and would not
have to worry about encumbrances.
This action has been supported by the National Congress of American
Indians and by just about everybody and, furthermore, it grants the
tribe sovereignty, which I think we have to do. So we are not trying
and I am not trying to act like the person that can dictate these
issues. We just want to recognize that sovereignty exists and we have
to recognize sovereignty. That is all we are doing.
Again, I want to say that anything I can do to help work on the
agreement between the two tribes, I do want to say that I am available
anytime.
The Torres-Martinez live in poverty and have lived in poverty. This
will finally get them above poverty and give them a chance to survive.
So basically that is a capsulation of the whole issue, but it is a very
good bill and it could cure a lot of ills, and I urge my colleagues'
support.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield 5 minutes to the gentleman
from Michigan [Mr. Kildee].
Mr. KILDEE. Mr. Speaker, I rise today to express both my support and
my deep concern over the passage of this legislation.
I want to be perfectly clear that I strongly and unequivocally
support full compensation to the Torres-Martinez Tribe for the
injustices they have suffered in the last century. Today almost 123,000
acres of Torres-Martinez tribal reservation land lies submerged beneath
the Salton Sea. This land was flooded early in this century. The tribe
has never been fully compensated by the U.S. Government for that.
Our Government, Mr. Speaker, has a moral and legal obligation to
settle this long overdue claim of the Torres-Martinez Tribe. It is my
understanding that this is a tribe with very few resources, and this
settlement agreement will better enable them to establish and maintain
a sovereign-to-sovereign relationship with the U.S. Government.
But, Mr. Speaker, I must admit I am deeply troubled by the process
which the Department of the Interior used to facilitate the settlement
with the Torres-Martinez Tribe. It is my understanding that the
Department of the Interior failed to meet with or even discuss the
proposed settlement agreement with all the tribes who live in the area
and who will be most affected by this legislation.
These consultations are especially important when we are dealing with
issues that affect the economic viability of the different tribes.
Unfortunately, in its eagerness to reach a settlement, the Department
of the Interior failed to take these interests into account.
Mr. Speaker, when the Committee on Resources first considered this
bill, I strongly encouraged the Department of the Interior to meet with
the local tribes to try to resolve the differences that still exist on
this bill. I am troubled that these meetings have never taken place.
Mr. Speaker, it is also unfortunate that this bill is being
considered under the suspension calendar, so that there will be no
chance to offer amendments to fine-tune this legislation. I hope the
Senate will take the time to closely examine this bill and make sure it
is equitable and fair for all groups impacted by this settlement
agreement.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield 5 minutes to the gentleman
from California [Mr. Torres].
(Mr. TORRES asked and was given permission to revise and extend his
remarks.)
Mr. TORRES. Mr. Speaker, I thank the chairman for yielding me this
time, and I want to thank the chairman for clarifying the title of this
legislation, known as the Torres-Martinez Settlement Act, that in fact
neither I, Esteban Torres, a Member of Congress, nor Representative
Matthew Martinez, a Member of Congress, have anything to do with this
bill. It is simply the name of this particular California band of
mission Indians.
Let me say that it is right for the United States to compensate the
Torres-Martinez Tribe for the land that it lost through agricultural
flooding, and I support resolution of the long-standing dispute between
the tribe and the two water districts in southern California. But as
the gentleman from Michigan, Mr. Kildee, has stated, I cannot support
the bill under the discussion that is being carried out here today.
H.R. 3460 is the result of a flawed process. It is a faulty bill
because the Department of the Interior failed to follow its own
procedures under the Indian Gaming Regulatory Act of 1988. That act,
known as IGRA, requires the Department of the Interior to consult, I
want to underscore that, consult with the Native American tribes and
local municipal governments. And as the chairman has stated, the
Department has admitted that such discussions never took place. Such
discussions never took place.
Also in violation of IGRA, and of even greater concern, the proposed
legislation sets a dangerous precedent by giving the tribe the right to
purchase up to 640 acres for a gaming facility outside of traditional
reservation boundaries.
Let me explain. Here we have a chart indicating by the yellow the
initial parcel that was a settlement under the Bush administration,
that gave the Torres-Martinez Tribe the basis for settling this land
that was submerged under the Salton Sea. The Babbitt administration at
the Department of the Interior later designated the second red zone
here as a secondary zone. And this is where, then, we see that one
tribe, no matter how disadvantaged it is, is given a special privilege
because it has now leapfrogged over these other Indian tribes and
communities without consultation in establishing a gaming facility up
in this area.
If we allow this off-reservation land acquisition to move forward,
what will stop other tribes in the States from seeking the permission
to build casinos in other nontraditional land localities? Such special
treatment erodes the trust and the cooperation that tribes have worked
to establish between themselves and their local cities. It circumvents
necessary input from affected communities. It violates existing
regulations, and, yes, it just simply creates bad blood.
Let me make no mistake about this. This is not simply a bill to make
overdue payments and amends to the Torres-Martinez Tribe. Let me show
[[Page H10153]]
you the other side of the picture. Members should be aware that a very
powerful and wealthy consortium of non-Indians, with gambling ventures
around the country, is very much a part of this shady deal.
The GTECH Corp. and Full House Resorts, Inc., are angling to develop
a casino enterprise on the prime land this bill would permit the tribe
to acquire. Lee Iacocca, no less, and Alan Paulson stand to gain much
more, yes, much more than those poor impoverished Indians of the
Torres-Martinez Tribe from this bill.
These are serious allegations and this is a serious issue, and for
these reasons I am dismayed to see this bill was rushed through on the
suspension calendar. I had no chance to offer amendments. My colleagues
had no chance to remedy the faults in this bill.
I would like to see full field hearings, consultations, due process,
safeguard procedures to remedy the faults in this legislation and make
it a true settlement, a true settlement rather than a special interest
giveaway. But, unfortunately, the leadership is pushing this bill
through under a restrictive rule. I cannot offer needed amendments or
changes, and that compounds the injustice of this.
So I call upon Members of this body and I call upon Members of the
other body to step up to the plate and fix this faulty bill. The other
body can work and should work to redress the flaws in H.R. 3640, and I
so recommend, my colleagues in this Chamber, to call upon their
colleagues in the other body to do the same.
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Mr. Miller of Flordia). The gentleman will
refrain from asking the Senate to take certain actions.
Mr. RICHARDSON. The Torres-Martinez Indian Reservation was created in
1876 in the Coachella Valley of California. The Salton Sea flooded
approximately 2,000 acres of reservation lands and in 1909 and
additional 9,000 acres of submerged lands were included in the
reservation. This was done with the belief that the Salton Sea would
recede allowing the tribe access to the lands. in 1982 the United
States brought a trespass suit on behalf of the tribe against the
Imperial Irrigation District [IID] and the Coachella Valley Water
District [CVWD]. The court found for the tribe and awarded $212,908 in
damages to the tribe from CVWD and $2,795,694 in damages from IID. A
second suit was filed on behalf of the tribe. At this point the United
States intervened to facilitate a settlement with the tribe and the two
water districts.
This settlement legislation would require the CVWD to pay $337,908.41
to the tribe and its allottees and IID would pay $3,670,694.33. In
addition the United States would pay $10,200,000 to the tribe. These
amounts would be held in the U.S. Treasury in trust for the tribe and
its allottee members.
The tribe would be allowed to acquire 11,800 acres of land to be
considered as if it were acquired in 1909 except with regard to water
rights. The tribe would be allowed to conduct gaming on only one site
within this area. The local communities would have to support the
casino and the tribe would be required to enter into a compact with the
State. In return the water districts would receive a permanent flowage
easement located within and below the 220-foot contour of the Salton
Sink.
If this settlement is enacted, the tribe will waive all claims
regarding the flooded lands of their reservation.
The administration is a party to this settlement and strongly
supports it.
All but one local Indian tribe supports the bill as well as Governor
Wilson and Attorney General Lundgren. The Cabazon Tribe was probably
not consulted in the way that it should have been and I strongly
encourage the two tribes to meet and talk out their differences. The
Torres-Martinez Tribe has assured me they are willing to talk with the
Cabazon.
I believe it is time to pass this bill and fix the wrong to the
Torres-Martinez Tribe.
Mr. FALEOMAVAEGA. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California [Mr. Gallegly] that the House suspend the
rules and pass the bill, H.R. 3640, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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