[Congressional Record Volume 146, Number 110 (Monday, September 18, 2000)]
[House]
[Pages H7663-H7667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT ACT

  Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4643) 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, as amended.
  The Clerk read as follows:

                               H.R. 4643

       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 the following:
       (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 
     (Nos. 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).

[[Page H7664]]

       (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) Tribe.--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) Allottees.--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) Salton sea.--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) Settlement agreement.--The term ``Settlement 
     Agreement'' means the Agreement of Compromise and Settlement 
     Concerning Claims to the 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, as modified by the first, second, third, and 
     fourth modifications thereto.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Permanent flowage easement.--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 paragraph (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) In general.--The primary area within which lands may be 
     acquired pursuant to paragraph (1) consists of the 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 under paragraph (3).
       (B) Effect of objection.--Lands referred to in subparagraph 
     (A) may not be acquired pursuant to paragraph (1) if by 
     majority vote the governing body of the city within whose 
     incorporated boundaries (as such boundaries exist on the date 
     of the Settlement Agreement) the subject lands are situated 
     within 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. Upon receipt of such a notification, the Secretary 
     shall deny the acquisition request.
       (3) Secondary acquisition area.--
       (A) In general.--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) Effect of objection.--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 within whose 
     incorporated boundaries (as such boundaries exist on the date 
     of the Settlement Agreement) 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,
     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. Upon 
     receipt of such a notification, the Secretary shall deny the 
     acquisition request.
       (4) Contiguous lands.--The Secretary shall not take any 
     lands into trust for the Tribe under generally applicable 
     Federal statutes or regulations where such lands are both--
       (A) contiguous to any lands within the Secondary 
     Acquisition Area that are taken into trust pursuant to the 
     terms of the Settlement Agreement and this Act; and
       (B) situated outside the Secondary Acquisition Area.
       (b) Restrictions on Gaming.--The Tribe may conduct gaming 
     on only one site within the lands acquired pursuant to 
     subsection 6(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

[[Page H7665]]

     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 the 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 to the extent that such amendments 
     are not inconsistent with the trust land acquisition 
     provisions of the Settlement Agreement, as such provisions 
     existed on--
       (1) the date of the enactment of this Act, in the case of 
     Modifications One and Three; and
       (2) September 14, 2000, in the case of Modification Four.

     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 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 
Maryland (Mr. Gilchrest) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).


                             General Leave

  Mr. GILCHREST. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4643.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 4643, a bill which will 
provide for the settlement of issues and claims related to the trust 
land of the Torres-Martinez Indian tribe.
  H.R. 4643 would settle claims related to the loss of approximately 
14,000 acres of trust lands by the Torres-Martinez Indian tribe. It 
would also implement a comprehensive settlement negotiated after 18 
years of litigation involving the Federal Government and the tribe.
  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from California (Mrs. Bono), whose district is impacted, to further 
explain the legislation.
  Mrs. BONO. Mr. Speaker, I rise today in support of H.R. 4643, the 
Torres-Martinez Desert Cahuilla Indian Claim Settlement Act. Mr. 
Speaker, this legislation will bring an end to an injustice suffered by 
this tribe nearly a century ago. And for nearly a quarter of a century, 
the tribe has been working with the Federal Government and local water 
districts to reach a settlement that is fair and equitable for all 
parties. Finally, we have the opportunity to right this injustice and 
resolve this long-standing issue.
  The Torres-Martinez tribe has been without the use of over 11,000 
acres of their reservation lands, due to an accident of the Federal 
Government nearly a century ago. This accident was compounded by the 
more recent actions of local water districts and agricultural interests 
in the southeastern section of California.
  Between 1905 and 1907, flood waters of the Colorado River breached an 
Army Corps of Engineers retaining dike and spilled into the Salton 
Sink. The result of this accident was the creation of the Salton Sea 
and the loss of the Torres-Martinez reservation lands. These lands 
remained inundated due in part of the flowage of natural runoff and 
drainage water from the irrigation systems of the Imperial, Coachella 
and Mexicali Valleys into the Salton Sea.
  This issue has been before the Ninth Circuit Court of Appeals for two 
decades. After years spent in the judicial system, the Court and the 
tribe have turned to Congress and the administration to reach a 
settlement agreement that provides an equitable resolution that all 
agree is long overdue. Everyone may recall that my late husband, the 
Honorable Sonny Bono, also tried to bring a resolution to this issue in 
1996. This body approved his bill. However, due to time constraints and 
disputes with entities that were not party to the settlement agreement 
itself, the bill never cleared the Senate and never made it to the 
President's desk, despite the administration's keen interest in having 
the bill signed into law.
  Now, 95 years after the Torres-Martinez suffered their loss of lands, 
the time has come to finally remedy this situation. This Congress has 
one more chance to attempt to help this impoverished tribe; and it is 
my sincere hope that we will seize this opportunity and right this 
wrong once and for all.
  Mr. Speaker, the Torres-Martinez people have worked tirelessly to 
accommodate the requests of the local cities, the County of Riverside 
and other local tribes. They have proven to be good neighbors by 
incorporating many suggestions and changes into the settlement 
agreement and this legislation. Some would argue that they have been 
too accommodating. As a result of numerous public forums and face-to-
face meetings, this legislation reflects a consensus of the entire 
community. That is why the bill is supported by a wide variety of 
entities including the

[[Page H7666]]

City of Coachella, within whose jurisdictional boundaries the Torres-
Martinez may acquire land, consistent with existing law and the 
provisions contained in both the settlement agreement and this act. The 
tribe also enjoys the full support of Riverside County, the only other 
governmental entity within whose jurisdiction this tribe may acquire 
land as part of this settlement.
  Mr. Speaker, what speaks volumes is the level of support of this 
agreement coming from the other sovereign Indian nations. I have 
received letters from virtually every tribe in the region which applaud 
the merits of this legislation and endorse the passage of this bill. 
Some tribes have even gone so far as to actively support this bill in 
the halls of Congress. They strongly believe that the Torres-Martinez 
are entitled to this just remedy and find it difficult to believe that 
this case has still not been resolved.
  The Torres-Martinez people have also received strong bipartisan 
support in Congress. The gentleman from Alaska (Mr. Young) has been a 
staunch ally and supporter of this bill. The chairman has lent his 
energy and enthusiasm to this cause, and I am most grateful for the 
leadership and help he has provided to both the tribe and me during 
this process.
  In addition, I want to recognize the original cosponsor of this 
legislation, the ranking member of the House Committee on Resources, 
the gentleman from California (Mr. George Miller). It is largely due to 
his efforts on behalf of this tribe that this bill has finally made its 
way to the floor today.
  It is also fitting to thank the Departments of Interior and Justice 
for their good work on this issue. The administration has cooperated 
with the tribe, the local water districts and the body in crafting an 
equitable solution. Also thanks to the boards and staff at the 
Coachella Valley Water District and the Imperial Irrigation District 
for their continued efforts.
  I must also thank the other Members of this body, especially the 
gentleman from Michigan (Mr. Kildee), who has been kind enough to lend 
their support to the Torres-Martinez. I commend them for standing up 
for what is right and justice.
  Finally, to the staff and attorneys who have worked with this issue 
for countless hours, I thank them.
  Now, Mr. Speaker, I humbly ask on behalf of the Torres-Martinez tribe 
that this body approve the legislation and give the people of this 
tribe the justice that they have sought for the past 95 years.
  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 in strong support of H.R. 
4643, a bill to provide for the settlement of issues and claims related 
to the trust lands of the Torres-Martinez Desert Cahuilla Indian 
Nation. The Torres-Martinez Indian Reservation was created in 1876 to 
include 640 acres of land in the Coachella Valley south of California. 
The reservation was enlarged in 1891 and again in 1909. During this 
period, the Salton Sea was created covering thousands of acres of the 
reservation. The Salton Sea did not recede as expected and today 
approximately 11,000 acres of reservation land remain flooded.
  Litigation over several issues surrounding the reservation has been 
ongoing for decades and the House has previously passed legislation in 
support of Torres-Martinez' goal of obtaining usable and economically 
viable reservation land.
  During the term of this Congress, further disagreement has arisen and 
considerable effort has gone into resolving these new differences. It 
is my understanding that earlier today an agreement acceptable to all 
parties was reached and that this new agreement has been incorporated 
into the manager's amendment being offered today.
  I want to thank the gentleman from Alaska (Mr. Young), the chairman 
of our House Committee on Resources, the gentleman from California (Mr. 
George Miller), the ranking minority member of the full committee, in 
our efforts to helping the Torres-Martinez tribe obtain additional 
productive land for their reservation. I also want to particularly 
commend the gentlewoman from California (Mrs. Bono), the chief sponsor 
of this legislation, for her tireless efforts in this legislation and 
her willingness to sponsor a bill to incorporate the provision of a 
fairly complex agreement. We would not be here today if she had not 
done so.
  I also want to give particular public recognition and my compliments 
and commendation to my good friend, the gentleman from Michigan (Mr. 
Kildee), who has worked tirelessly for the past several years in giving 
his assistance and full participation in the negotiations between this 
tribe and other tribes in California. This has really helped 
tremendously in bridging the differences among not only the tribes but 
State officials.
  Mr. Speaker, this is a good example of legislation in which not every 
party got everything that they wanted but it is something that they 
have indicated they can live with, and I know that it does give the 
Torres-Martinez tribe at last some useful land for their reservation. 
Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from California (Mr. George Miller).
  Mr. GEORGE MILLER of California. Mr. Speaker, here we are again 
passing legislation to implement the settlement agreement to stop 18 
years of litigation and provide the desperately poor Torres-Martinez 
Desert Cahuilla Indians with some usable land. Currently, the Tribe has 
over 11,000 acres of land sitting at the bottom of the Salton Sea with 
no hope of ever using that land for needed economic development or 
sustainable housing for their members. A court found in favor of the 
tribe in a 1984 trespassing suit brought against the Imperial 
Irrigation District (ID) and the Coachella Valley Water District (CVWD) 
and awarded damages to the tribe. To stave off a second suit filed on 
behalf of the tribe, the U.S. stepped in and worked out a settlement 
agreement agreeable to all parties.

  The House of Representatives overwhelmingly passed this settlement 
legislation in the 104th Congress when our former colleague Sonny Bono 
pushed for its enactment. Congressman Bono tried to do the right thing 
by this tribe then and now Congresswoman Bono is continuing to fight 
for the tribe. I have been a proud sponsor of both bills and want to 
commend Mrs. Bono for all her hard work on behalf of this needy tribe. 
She has had to overcome a small but very well funded campaign of 
misinformation to bring the bill to this point.
  This settlement will provide for payments to the tribe for the two 
water districts and provides to them permanent drainage flowage 
easements. Further, the tribe agrees to drop all claims against the 
United States with regard to their worthless land and is permitted to 
purchase some 11,000 acres out of two boxes drawn within ancestral 
lands to use for the benefit of the tribe. It is important to note that 
this tribe has been unable, through no fault of their own, to use most 
of their land since 1876.
  This legislation has a wide range of support including the Imperial 
Irrigation and Coachella Valley Water Districts, the Department of 
Interior, the Department of Justice, numerous surrounding non Indian 
communities, several Members of Congress, and all local Indian tribes. 
I have letters from some of these supporters which I'd like entered 
into the record along with my statement.
  The bill before us today includes numerous concessions agreed to by 
the Torres-Martinez Tribe. Some I personally do not agree with, however 
I support the sovereign right of the tribe to make its own decisions 
and they have maintained legal representation througout the process. 
The path this bill has taken has been a painful and difficult one due 
to the earlier opposition of a lone, small, wealthy tribe. Garnering 
non Indian support to fairly assist needy Indian Tribes has always been 
a hard task and one I've gladly taken on throughout my 25 years serving 
in the House. However, tribe against tribe situations are the most 
difficult we deal with and when one side is vastly out spent in its 
efforts, it makes the situation all the more sad. I hope this is the 
last of such battles we will have to address.
  With that I urge my colleagues to support this bill and finally end 
this sad chapter in our history.

                                                Agua Caliente Band


                                          of Cahuilla Indians,

                                                 Palm Springs, CA.
     Hon. Mary Bono,
     House of Representatives, Washington, DC.
       Dear Congresswoman Bono: On behalf of the Agua Caliente 
     Band of Cahuilla Indians I wish to state that we support H.R. 
     4346. This bill contains a settlement agreement between the 
     Torres-Martinez tribe, Coachella Valley Water District, 
     Imperial Irrigation District and the Federal Government. This 
     agreement settles a 15-year-old lawsuit that

[[Page H7667]]

     is on appeal before the Ninth Circuit Court. The entire east 
     valley community stands to benefit from the legislation. 
     Advantages will include the fact that agriculture will obtain 
     rights to run off water from the numerous farms in the area 
     and the federal government will continue efforts to clean up 
     the Salton Sea.
       As fellow Indian Nations we understand the hardships that 
     the Torres-Martinez Band of Mission Indians have endured for 
     nearly a century. A major injustice will be made right by the 
     passage of this settlement agreement and we commit ourselves 
     to help end this struggle. We are disappointed that the 
     Cabazon Band of Mission Indians will not take this 
     opportunity to help a fellow, disadvantaged nation, as they 
     instead stand alone in their efforts to defeat this 
     agreement.
       If we can provide your office with any information on this 
     matter, please feel free to contact us at any time. Also, if 
     requested, we would be pleased to provide the House Committee 
     on Resources with testimony in support of this measure when 
     it becomes appropriate.
           Yours truly,
                                            Richard M. Milanovich,
                                         Chairman, Tribal Council.
                                  ____
                                  


                              Coachella Valley Water District,

                                     Coachella, CA, July 24, 2000.
     Representative George Miller,
     Ranking Minority Member, House Resources Committee, 
         Washington, DC.
       Dear Representative Miller: On behalf of the Coachella 
     Valley Water District, I would like to request that the House 
     Resources Committee favorably report H.R. 4643, ``to provide 
     for the settlement and claims related to the trust lands of 
     the Torres-Martinez desert Cahuilla Indians, and for other 
     purposes.''
       Enactment of this legislation would facilitate and 
     implement a settlement agreement reached by the U.S. 
     Government, the Tribe, Imperial Irrigation District and the 
     Coachella Valley Water District. It is a rare occasion in 
     which parties to such complex litigation are able to join 
     together on a final resolution that is so important to such 
     complex litigation are able to join together on a final 
     resolution that is so important to our region in the State of 
     California.
       We appreciate any efforts you are able to make toward 
     ensuring enactment of this legislation in the House this 
     year.
           Yours very truly,
                                                         Tom Levy,
     General Manager--Chief Engineer.
                                  ____



                                 Imperial Irrigation District,

                                      Imperial, CA, July 25, 2000.
     Hon. George Miller,
     Ranking Member, House Resources Committee, Washington, DC.
       Dear Mr. Miller: On behalf of the Board of Directors of the 
     Imperial Irrigation District (IID), I am writing to express 
     our support for H.R. 4643.
       As you know, this legislation would help finalize the 
     settlement of claims by the Torres-Martinez Desert Cahuilla 
     Indian Tribe involving flooding around the Salton Sea. The 
     settlement resolves long-standing disputes concerning land 
     and water use by the IID and The Coachella Valley Water 
     District located in the southern California desert.
       The IID respectfully urges your support for H.R. 4643 
     during the committee's consideration of the measure.
       We appreciate the time you and the committee staff have 
     given this issue over the past few years and we look forward 
     to the passage of the implementing legislation.
           Sincerely,
                                                    Eric E. Yoder,
                                             Government Relations.

  Mr. FALEOMAVAEGA. Mr. Speaker, I yield such time as he may consume to 
my good friend, the gentleman from Michigan (Mr. Kildee).

                              {time}  1445

  Mr. KILDEE. Mr. Speaker, I rise in strong support of H.R. 4643, as 
amended, legislation that will settle the land claims of the Torres-
Martinez tribe of California.
  Mr. Speaker, the time is long overdue for our government to provide 
just compensation to the Torres-Martinez tribe for the reservation 
lands they lost decades ago.
  We have a moral obligation to fulfill this duty, and I am pleased 
that this legislation is before us today. I urge strongly the passage 
of H.R. 4643, as amended.
  Mr. Speaker, for the last several years, and past weeks especially, I 
have been working with the Torres-Martinez tribe and the Cabazon Band 
to negotiate a compromise on an issue that has been a sticking point to 
these two sovereign governments.
  Mr. Speaker, I believe this compromise will allow the Torres-Martinez 
tribe to be compensated while protecting the sovereign interests of the 
Cabazon tribe.
  Mr. Speaker, I want to thank the tribal leaders of Torres-Martinez, 
the Cabazon. It has been a pleasure working with the gentlewoman from 
California (Mrs. Bono) on this bill. I thank the gentleman from 
California (Mr. George Miller) for his assistance in resolving this 
most difficult issue.
  I also want to thank Kimberly Teehee of my staff here; Marie Howard, 
the committee staff, who has worked so hard on this; and Linda Valter 
who has done such a wonderful job over there.
  This has been really a labor of love for all of us, and I am just 
very happy that we are at the point we are today.
  Mr. FALEOMAVAEGA. Mr. Speaker, I reserve the balance of my time.
  Mr. GILCHREST. Mr. Speaker, we have no additional speakers. I urge an 
aye vote on the legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I do not have any additional speakers, 
so I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from Maryland (Mr. Gilchrest) that the House 
suspend the rules and pass the bill, H.R. 4643, 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.

                          ____________________