[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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