[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[House]
[Pages H11264-H11267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REMOVAL OF RESTRICTION ON DISTRIBUTION OF CERTAIN REVENUES TO AGUA
CALIENTE
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3804) to remove the restriction on the distribution of
certain revenues from the Mineral Springs parcel to certain members of
the Agua Caliente Band of Cahuilla Indians, as amended.
The Clerk read as follows:
H.R. 3804
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REMOVAL OF RESTRICTION ON DISTRIBUTION OF CERTAIN
REVENUES.
(a) In General.--The fourth undersigned paragraph in
section 3(b) of the Act entitled ``An Act to provide for the
equalization of allotments on the Agua Caliente (Palm
Springs) Reservation in California, and for other purposes''
approved September 21, 1959 (25 U.S.C. 951 et seq.), is
amended by striking ``east: Provided,'' and all that follows
through ``deceased member.'' and inserting ``east.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to net rents, profits, and other
revenues that accrue on or after the date of enactment of
this Act.
(c) Agreement to Make Payment.--The Congress finds that the
Agua Caliente Band of Mission Indians, in Tribal Ordinance
Number 22, dated August 6, 1996, has agreed to make payments
permitted by reason of the amendment made by subsection (a).
The Congress expects the Band to make such payments within
180 days after the date of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey [Mr. Saxton] and the gentleman from American Samoa [Mr.
Faleomavaega] each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey [Mr. Saxton].
Mr. SAXON. Mr. Speaker, I yield myself such time as I may consume.
(Mr. SAXON asked and was given permission to revise and extend his
remarks.)
Mr. SAXON. Mr. Speaker, H.R. 3804, a bill authored by the gentleman
from Palm Springs, CA [Mr. Bono], the former mayor of Palm Springs,
would remove a restriction on the distribution of certain revenues from
the Mineral Springs parcel to certain members of the Agua Caliente Band
of Cahuilla Indians.
This restriction removal is necessary so that the tribe may move
forward with its distribution of revenues to tribal members. I support
the bill, and I commend the author, Mr. Speaker, for his hard work on
this measure, and urge my colleagues to support it.
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, I rise today to lend my support to
H.R. 3804, a bill introduced to help the Agua Caliente Band of Cahuilla
Indians who reside in the resort town of Palm Springs, the heart of
Representative Sonny Bono's district, who is also the sponsor of this
measure. The bill will allow the tribe to distribute revenues from its
Mineral Springs parcel to all members of the tribe. Presently, only
about 85 members are entitled to these revenues as the 1959 Settlement
Act reserved certain lands that resulted in an unequal distribution of
allotments to tribal members. To compensate members who received
smaller allotments because of the act's reservation of lands, the act
gave certain members and their heirs the right to revenues from the
Mineral Springs parcel. That parcel is home today to the tribe's Spa
Hotel and Casino.
I and my Democratic colleagues, however, have a serious reservation
about this bill that I wish to express. Our reservation is that this
bill, in effect, gives the tribe the opportunity to begin per capita
payments to tribal members from gaming profits from the tribe' casino
in Palm Springs. I am not alone in my hesitancy to condone these kind
of payments. Rather, and most of my colleagues feel the same way, the
authorization of per capita payments is one of the most serious flaws
in the Indian Gaming Regulatory Act. Although there are restrictions in
the act to guarantee that most gaming revenues are used to fund tribal
governmental programs and promote tribal economic development, the fact
is that some tribes have chosen to make significant per capita payments
to their members. Unfortunately, these payments often have the effect
of reducing work incentives or have sometimes been made in order to
create a supportive base among tribal members. I hope that tribes,
including this tribe, will see past the short term and illusory
attractiveness of per capita payments and continue to reinvest all
gaming revenues into public programs.
Nevertheless, it is equally true that we are committed to furthering
the Federal policy of self-determination and self-governance, and that
if that phrase is to mean anything other than mere words, then it means
that Indian tribes have, and we must trust them with, the same
opportunities and decisionmaking capabilities as other governments in
this country. Accordingly then, although we may be opposed to per
capita payments, self-determination requires that we leave that
decision up to the tribe, who as a sovereign nation, as a government,
is fully vested with the power and wisdom to look after and protect its
own people.
Mr. Speaker, noting these concerns, this legislation deserve support
and approval by this body, and I urge my colleagues to adopt this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SAXTON. Mr. Speaker, I yield such time as he may consume to the
gentleman from California [Mr. Bono], the author of the bill, who has a
longstanding interest in this issue.
(Mr. BONO asked and was given permission to revise and extend his
remarks.)
Mr. BONO. Mr. Speaker, I thank my colleague, the gentleman from
American Samoa [Mr. Faleomavaega], for his comments. The gentleman
described the issue perfectly.
Mr. Speaker, not to repeat what has already been described, basically
this is a readjustment of funds for the tribes and for the allottees.
This is an agreement that the tribes and the allottees have reached
themselves, where they have decided it would be a more equitable
distribution of portions of the funds.
Mr. Speaker, I tried to do whatever I could to accommodate their
needs, and this bill seems to fit within the needs that they are
requesting. So I ask that this bill pass unanimously.
Mr. Speaker, the bill amends the 1959 Agua Caliente Allotment Act so
that allottees may receive equal allotment income, and so funds from
the Mineral Springs parcel of land may be used for the benefit of the
entire tribe.
Agua Caliente has 319 members.
Under the 1959 act, 85 allottees or their heirs were given exclusive
right to revenues from the Mineral Springs land. The intent of this
provision was to provide a means for these allottees to make up for a
$5,000 shortfall in allotment values. The attached materials fully
explain the history of this shortfall.
However, the tribal government determined that implementation of this
provision would have actually defeated the intention of the 1959 act by
giving more to these allottees than others would have received.
Therefore, the tribe has never made the payments to the 85 allottees of
their heirs.
This amendment will finally make the good intentions of the 1959 act
a reality. Under this amendment, the allottees receive $22,000 from the
tribal government to make up for original $5,000 shortfall from 1959.
This figure was based on a 1993 appraisal of the parcel's current
value, and was equally divided among the 85 allottees, and chosen by
tribal members in a poll. The funds are currently being held in escrow
in anticipation of enactment of this legislation.
To address concerns of a few of the allottees, I have placed in this
bill language which specifies that the payments must be made within 180
days of enactment of this bill.
I have also included language requiring compliance with the August 6,
1996, tribal ordinance which explains the disbursement procedure and
clearly states that this one-time lump payment to allottees cannot
preclude these allottees from receiving tribal funds from the land in
the future. This ordinance is in addition to the tribal council's
resolution No. 22 of April 25, 1996.
In exchange for this one-time large payment, the allottees give up
their exclusive right to funds from the parcel, so that the tribal
government can use revenues for the benefit of the whole tribe.
These funds are particularly needed, as 50 percent of the tribal
members live in poverty.
I have received over 50 letters from tribal members in support of
this bill, which I enter in the Record as attachments.
[[Page H11265]]
This is a good solution to a long-standing problem. I urge my
colleagues to support it.
Mr. Speaker, I include for the Record a letter concerning this
matter, as well as a copy of the Agua Caliente Ordinance No. 22.
September 17, 1996.
Re Proposed Amendment to H.R. 3804, Palm Springs Equalization
of Allotments Act, Agua Caliente Indian Reservation.
Hon. Sonny Bono,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Congressman Bono: You may have heard that three
members of the Agua Caliente Band of Cahuilla Indians oppose
certain aspects of the above proposed legislation. While
those three may oppose it, the great majority of the Members
of this Tribe support the legislation.
The amendment has been discussed at 19 meetings of the
Tribal Council, and the minutes of these meetings have been
mailed out to all Tribal Members. The proposed amendment has
been the subject of at least one special Tribal Meeting, as
well as a straw poll and vote as to the wishes of the
Members. We believe that this proposed amendment will remove
a long-standing obstacle to the economic self-sufficiency of
this Tribe and its Members, and will do so in a way that is
fair to all affected.
We urge you to continue to support this important
legislation for the benefit of all Tribal Members.
Sincerely yours,
Moraino J. Patencio,
Agua Caliente Tribal Member #142.
____
Ordinance No. 22
Whereas, an early version of the bill which became the Agua
Caliente Equalization Act of September 21, 1959 (P.L. 86-339,
25 U.S.C. Section 951, et seq.) provided for the allotment of
virtually all of the lands of the Agua Caliente Indian
Reservation, reserving from allotment only Parcel A of what
is now the Spa Hotel property and certain other properties
not relevant to this matter; and
Whereas, by a resolution adopted by the Tribal Council on
April 1, 1958, the Tribe requested Congress to reserve from
allotment not only Parcel A but also Parcel B of what is now
the Spa Hotel Property, so as to allow the construction of
the Spa Hotel to proceed on both parcels; and
Whereas, Congress granted the Tribe's request and reserved
both Parcel A and Parcel B from allotment; and
Whereas, when Congress granted this Tribal request, it knew
that the non-allotment of Parcel B would reduce the then
appraised value of the land available for equalization
allotments to approximately 85 otherwise eligible Tribal
Members by approximately $5,000 each; and
Whereas, in order to provide some benefit to those
approximately 85 otherwise eligible Tribal Members who would
have shared in or benefited from the allotment of Parcel B if
it had not been reserved from allotment, Congress inserted
the following language as a proviso (the ``Proviso'') into
Section 3(b) of the Agua Caliente Equalization Act:
Provided, That no distribution to member of the band of the
net rents, profits, or other revenues derived from that
portion of these lands which is designated as ``parcel B'' in
the supplement dated September 8, 1958, between the Agua
Caliente Band of Mission Indians and Palm Springs Spa dated
January 21, 1958, or the net income derived from the
investment of such net rents, profits, and other revenues or
from the sale of said lands or of assets purchased with the
net rents, profits, and other revenues aforesaid or with the
net income from the investment thereof shall be made except
to those enrolled members who are entitled to an equalization
allotment or to a cash payment in satisfaction thereof under
this subchapter or, in the case of such a member who died
after September 21, 1959, to those entitled to participate in
his estate, and any such distribution shall be per capita to
living enrolled members and per stirpes to participants in
the estate of a deceased member; and
Whereas, while the Tribal Council does not believe that any
of the approximately 85 Members and others covered by the
Proviso necessarily has a vested property right under the
terms of the Proviso, the Tribe does wish to treat both them
and all other Tribal Members fairly and equitably as it seeks
legislation to delete the Proviso from federal law and
thereby to allow any revenues from Parcel B to be used for
the benefit of all Tribal Members after providing appropriate
compensation to the affected 85 Tribal Members and others;
and
Whereas, the Tribal Council has consulted with all Tribal
Members on the above subject by calling a special Tribal
Meeting on October 5, 1995, by distributing a straw poll on
the subject of appropriate compensation for those affected by
the deletion of the Proviso, and by numerous discussions at
meetings of the Tribal Council; and
Whereas, after extensive discussion, research, and
consideration, both within the Tribal Council and with
others, the Tribal Council believes that there is no perfect
solution that will satisfy every potential concern of every
one of the 85 affected Tribal Members, while also satisfying
all other Tribal Members in every regard; and
Whereas, there is no dollar figure for such compensation
which would fairly take into account every possible factor in
calculating an appropriate dollar figure, which factors
include, but are certainly not limited to: possible sale,
lease, or condemnation of Parcel B; if leased, whether the
lessee would have performed; if leased, the amount of income
from the lease; if leased, the value of the underlying fee
subject to the lease; interest rates on the $5,000 equivalent
value for each of the 85 interests; rates of return on the
$5,000 equivalent value for each of the 85 interests if this
equivalent value had been invested, and risk of loss thereof;
etc.; and
Whereas, because it is not possible to produce any dollar
figure for compensation for the 85 interests which takes into
account all of the above variables and others, the Tribal
Council has instead elected to choose an arbitrary figure of
$22,000; and
Whereas, the total payment pertaining to the 85 interests
will be $1,870,000, of which the Tribe has already
accumulated approximately 70% pursuant to item A.1.c. of its
Interim Gaming Revenue Allocation Plan, which amounts cannot
be used for any purpose other than satisfaction of the claims
of the above 85 Tribal Members and others; and
Whereas, the Tribal Council wishes to provide formal
assurance to the holders of the 85 shares that they will
actually be paid the above sum; and
Whereas, the Tribal Council has reviewed and approved a set
of escrow instructions which conforms to the following
requirements, with accompanying exhibits;
Now, therefore, be it ordained and enacted by the Tribal
Council of the Agua Caliente Band of Cahuilla Indians that:
1. No later than August 8, 1996 the Tribe, acting through
its Tribal Council, will open an escrow with Spring Mountain
Escrow Co., 559 South Palm Canyon Drive, Suite B-101, Palm
Springs, CA. Into this escrow, the Tribal Council will
deposit no less than $1,309,000 upon the opening of the
escrow. The escrow instructions for this escrow will be a
standard format for a basic holding escrow. The instructions
will specify that, no later than one year from the date of
the enactment by Congress of a United States statute, and its
approval by the President, which statute includes or
comprises the language which is set forth in Exhibit A
hereto, the total sum of $1,870,000 will be disbursed by the
escrow holder to those persons whose names appear on the list
which is attached hereto as Exhibit B in the amounts set
forth and to the addresses set forth in Exhibit B. The Tribal
Council will deposit the balance of the $1,870,000 remaining
after the above initial deposit of no less than $1,309,000
within 120 days of the opening of the escrow. The escrow
holder will disburse these funds in a first increment of
$1,309,000 promptly after the enactment of the said statue,
and in a second increment promptly after the deposit by the
Tribe of the balance of approximately $561,000 into the
escrow. The escrow instructions will specify that, once the
initial deposit is made, the only changes in instructions
that the escrow holder will accept will be to reflect changes
in the names of those entitled to payment due to deaths, and
changes in mailing addresses, with the names and amounts
being fixed as of the date of the enactment of the said
statute. The instructions will further specify that, until
disbursed, the deposited funds will be invested in a liquid
federally-insured interest-bearing account, with the interest
thereon paid to cover the expenses and fees of the escrow,
and any remaining balance being returned to the Tribe at the
close of escrow, which will occur no later than one year from
the opening of the escrow and preferably promptly after the
second disbursement.
2. The Tribal Council hereby authorizes and directs its
Chairman and/or Vice-Chairman to execute the accompanying set
of escrow instructions which conform to the above
requirements, a copy of which is attached hereto as
Exhibit C, and to take all actions called for in those
instructions.
3. The Tribal Council hereby authorizes the Chairman or
Vice-Chairman to cause the payment of the above $1,309,000,
plus an amount no more than twice the estimated escrow fees
and expenses, from the category allocated for this purpose in
the Interim Tribal Gaming Revenue Allocation Plan, item
A.1.c., into the above escrow no later than August 8, 1996.
4. The Tribal Council hereby authorizes and directs its
Chairman or Vice-Chairman to cause the deposit of the balance
of approximately $561,000 from the category allocated for
this purpose in the Interim Tribal Gaming Revenue Allocation
Plan, item A.1.c., into the above escrow no later than 120
calendar days after the opening of the above escrow.
5. The Tribal Council hereby approves the use in the above
escrow of the documents accompanying this Ordinance and
identified in this Ordinance as:
Exhibit A: language of proposed federal statute
Exhibit B: list of names of those to receive payment under
this Ordinance, together with amount to be paid to each
Exhibit C: Escrow instructions
6. As soon as practical after the enactment of this
Ordinance, the Chairman or Vice-Chairman will cause the
Tribal Office Staff to prepare for informal review by those
members of the Tribal Council who are readily available a
list of the mailing addresses of all those names appear on
Exhibit B, based on the official mailing list for those
individuals who are living Tribal Members and on the best
available information from Tribal and Bureau of Indian
Affairs records for those who are not Tribal Members. The
Chairman or Vice-Chairman is hereby authorized and directed
to transmit this list of
[[Page H11266]]
mailing addresses to the escrow holder for use as specified
in the escrow instructions.
7. The Chairman and Vice-Chairman, as well as the Tribal
Attorney and Tribal Office Staff, are hereby authorized and
directed to take whatever other steps are called for in
Exhibit C to perform the tasks, give the instructions and
documents, and take all other steps called for in the escrow
instructions in order to accomplish its goals and to close
the escrow as quickly as possible.
8. Once a complete package is ready, consisting of this
Ordinance and Exhibits A,B, and C, the Chairman or vice-
Chairman is authorized and directed to send copies of that
package, plus an appropriate cover letter of explanation, to
all those whose names appear on Exhibit B. The purpose of
doing so will be both to inform those affected of how the
Agua Caliente Band intends to compensate those who are
affected by the proposed legislation, and to verify their
mailing addresses. Also, copies of this package will be
available to all Tribal Members on request.
Dated: August 6, 1996.
Richard M. Milanovich,
Chairman.
Barbara Gonzales-Lyons,
Vice-Chairman.
Marcus J. Pete,
Secretary/Treasurer.
Virginia Siva,
Member.
Candace Pate,
Member.
____
Exhibit C
INSTRUCTIONS TO SPRING MOUNTAIN ESCROW CORPORATION FOR THE CONDUCT OF
AN ESCROW BY THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
A. Identification of Parties
The Agua Caliente Band of Cahuilla Indians is a federally-
recognized Indian tribe with offices at 110 North Indian
Canyon Drive, Palm Springs, CA 92262, and is hereinafter
referred to as the ``Tribe,'' Spring Mountain Escrow
Corporation is a California corporation with offices at 559
South Palm Canyon Drive, Suite B-101, Palm Springs, CA 92264,
and is hereinafter referred to as ``Escrow.'' The Tribe now
establishes this escrow pursuant to the following
Instructions.
B. Purpose of Escrow
The purpose of these Instructions is for the Tribe to give
specific directions to Escrow on the subject of how, when,
and under what conditions Escrow will distribute a fund of
money to be deposited with Escrow by the Tribe into 85 equal
shares, with some shares going to single individuals, and
other shares being divided among the heirs of deceased
individuals. This is a holding escrow with no other parties
except the recipients of the funds. All of the instructions
to the Escrow will come from the Tribe. The escrow will be
deemed open upon the delivery of one executed original set of
these Instructions to Escrow.
C. Deposit of Funds
No later than August 8, 1996 the Tribe will deposit into
escrow, by means of a check payable to Escrow, the sum of one
million three hundred ten thousand dollars ($1,310,000).
At a later date, which will be no later than 120 calendar
days after the opening of the escrow, The Tribe will deposit
into escrow, by means of a second check payable to Escrow,
the additional sum of five-hundred sixty-one thousand dollars
($561,000).
All such funds will be used and disbursed by Escrow in
accordance with these Instructions. The Tribe and Escrow
acknowledge that, prior to the disbursement or use of any
funds, including any investment thereof, all funds received
by Escrow shall be subject to a ``hold'' until such time as
the funds are deemed ``collected'' according to the statutes
governing escrow agents.
D. Deposit of Documents
No later than August 8, 1996, the Tribe will deposit into
escrow a written schedule (``Schedule A'') of the names of
the persons to whom Escrow will disburse the deposited funds.
Along side each such name will appear the amount to be
disbursed to each such named person. Escrow will not be
concerned with the accuracy or completeness of either the
names or amounts so listed, and will rely on the document
supplied by the Tribe for this purpose. However, because of
the possibility of deaths and other changes in the names on
Schedule A, it is possible that the initial version of
Schedule A will be replaced by later version(s). Escrow will
rely on and use the last-deposited version of Schedule A as
of the date specified in section H below. To be valid and
accepted by Escrow, any version of Schedule A must bear the
original signature of either the Tribe's chairman, Richard M.
Milanovich, or the Tribe's Vice-Chairman, Barbara Gonzales-
Lyons, (or successor).
No later than August 23, 1996, the Tribe will deposit into
escrow a written schedule (``Schedule B'') of the mailing
addresses of each person whose name appears on Schedule A.
Escrow will not be concerned with the completeness or
accuracy of the addresses on Schedule B, and will rely on the
document supplied by the Tribe for this purpose. However,
because addresses may change, it is possible that the initial
version of Schedule B will be replaced by later version(s).
Escrow will rely on and use the last-deposited version of
Schedule B as of the date specified in section H below. To be
valid and accepted by Escrow, any version of Schedule B must
bear the original signature of either the Tribe's Chairman,
Richard M. Milanovich, or the Tribe's Vice-Chairman, Barbara
Gonzales-Lyons, (or successor).
If and when Congress enacts a certain provision of federal
law and the President signs it, the Tribe will deposit into
escrow a resolution, executed by the Tribal Council, stating
that such provision has been enacted into federal law,
attached to which will be a copy of the said provision. This
letter and attachment will be referred to as ``Resolution
A.''
E. Investment of Funds
Upon clearance of Funds, Escrow is authorized and directed
to invest the escrow funds in short-term and liquid
instruments either guaranteed by the United States, or an
agency thereof, or obligations of the United States, or an
agency thereof. In either case, the invested funds must be
fully insured or guaranteed by the United States. Because the
Tribe is no subject to federal income tax, Escrow will not
issue an IRS form W-9 or similar instrument to the Tribe for
the income so earned by the investment of the escrow funds.
Such investments shall be approved by the Tribal Council.
F. Release of Funds
Upon the receipt of Resolution A from the Tribe, Escrow
will disburse one million three hundred and ten thousand
dollars of the escrow funds to the persons whose names appear
on Schedule A in amounts proportionate to a fraction whose
numerator is 1,309,000 and whose denominator is 1,870,000
multiplied by the amount listed on Schedule A opposite the
name of each such person. For example, in the case of a
person opposite whose name the figure of $22,000 appears on
Schedule A, the first payment will be:
(1,309,0001,870,000)$22,000=$15,400.00
The above set of payments will be referred to as the first
round of disbursements. All payments will be made by check
payable to each person whose name appears on Schedule A by
certified mail, return receipt requested, to the addresses as
listed in Schedule B.
Upon all of the following three events, Escrow will
promptly make a second round of disbursements:
1. The completion of the first round of disbursements
2. Deposit by the Tribe into escrow of the above sum of
$561,000 in addition to the above deposit of $1,309,000
3. No more than one calendar year has elapsed since the
date of the enactment of the federal statute described above
and attached to Letter A, as determined from the date of the
President's signature thereon.
This second round of disbursements will be to those persons
whose names appear on Schedule A in the same manner as with
the first round of disbursements, but in amounts
proportionate to a fraction whose numerator is 561,000 and
whose denominator is 1,870,000 multiplied by the amount
listed in Schedule A opposite the name of each such person.
For example, in the case of a person opposite whose name the
figure of $22,000 appears on Schedule A, the second payment
will be:
(561,0001,870,000)$22,000=$6,600.00
The end result of both disbursements will be that each
person whose name is listed on Schedule A, and opposite whose
name the figure of $22,000 appears, will receive a total of
$15,400.000 + $6,600.00 = $22,000.00, while all others whose
names appear on Schedule A will receive two payments which
total the figure listed opposite the name of each on Schedule
A in the above proportions.
G. Disposition of undisbursed funds
Whatever funds may remain with Escrow after payment of all
of Escrow's fees and expenses, whether the first or second
deposit into escrow by the Tribe or the income thereon, will
be returned to the Tribe by check payable to the Tribe upon
the happening of the sooner of the following two events:
1. The second round of disbursements is complete, or
2. One year has elapsed since the opening of escrow
H. Fixing of Names and Amounts on Schedule A
Escrow will make all disbursements based on the latest-
received version of Schedule A that has been deposited by the
Tribe into escrow on the date of the enactment of the federal
statute, a copy of which is attached to Resolution A above,
with the date of such enactment determined by the date of the
President's signature thereon.
I. Notice to Recipients
Outside of escrow, and as a matter with which Escrow will
not be concerned, the Tribe will mail to each person whose
name appears on Schedule A at the address listed for each
such person on Schedule B a copy of these Instructions, a
copy of Schedule A, and an explanatory letter.
J. Amendments to these Instructions
The only amendments to these Instructions which Escrow will
accept and act upon must be accompanied by an original
resolution of the Tribal Council of the Tribe, must bear the
original signature of either the Tribe's Chairman, Richard M.
Milanovich (or successor), or the Tribe's Vice-Chairman,
Barbara Gonzales-Lyons (or successor), and must be on one or
more of the following subjects only:
1. A new version of Schedule A which is received by Escrow
prior to the date described in section H above
2. A new version of Schedule B
K. Close of escrow
This escrow will close on the earlier of the two dates
described above in section G. At
[[Page H11267]]
that time, Escrow shall return the items and funds deposited
by the Tribe to the Tribe as set forth herein.
L. Payment of Fees and Expenses of Escrow
Attached hereto is a schedule of the normal or anticipated
fees and expenses which Escrow expects to incur in performing
its duties under this escrow. The Tribe approves this
schedule, up to a total maximum of $3,500.00, which sum will
not be exceeded without written authorization from the
Tribe's Tribal Council, which authorization will not be
treated as an amendment to these Instructions. Escrow will
deduct all such authorized fees and expenses prior to making
the disposition of funds described in section G above.
M. General Provisions
Escrow's printed General Provisions follow the typed
section of these Instructions and are incorporated by
reference as if set forth in full at this point. In case of
any conflict between the General Provisions and these typed
Instructions, the typed Instructions will prevail.
Dated: August 6, 1996, Agua Caliente Band of Cahuilla
Indians (``Tribe'').
Richard M. Milanovich,
Chairman.
Breakdown of Holding Escrow for Agua Caliente Band Escrow
Holding fee...................................................$1,600.00
Postage for appx. 200 checks certified mail....................1,000.00
Per check charge at $2.00 per check appx. 200....................400.00
In the event of excessive checks and postage, we will
charge as stated above.
Mr. FALEOMAVAEGA. Mr. Speaker, again, I commend my good friend, the
gentleman from California [Mr. Bono], the chief sponsor of this
legislation, I urge adoption of the bill, and I yield back the balance
of my time.
Mr. SAXTON. 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 New Jersey [Mr. Saxton] that the House suspend the rules
and pass the bill, H.R. 3804, 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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