[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.

                          ____________________