[House Report 104-777]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-777
_______________________________________________________________________
TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT ACT
_______
September 5, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3640]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3640) to provide for the settlement of issues and claims
related to the trust lands of the Torres-Martinez Desert
Cahuilla Indians, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torres-Martinez Desert Cahuilla
Indians Claims Settlement Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares that:
(1) In 1876, the Torres-Martinez Indian Reservation was
created, reserving a single, 640-acre section of land in the
Coachella Valley, California, north of the Salton Sink. The
Reservation was expanded in 1891 by Executive Order, pursuant
to the Mission Indian Relief Act of 1891, adding about 12,000
acres to the original 640-acre reservation.
(2) Between 1905 and 1907, flood waters of the Colorado River
filled the Salton Sink, creating the Salton Sea, inundating
approximately 2,000 acres of the 1891 reservation lands.
(3) In 1909 an additional 12,000 acres of land, 9,000 of
which were then submerged under the Salton Sea, were added to
the reservation under a Secretarial Order issued pursuant to a
1907 amendment of the Mission Indian Relief Act. Due to
receding water levels in the Salton Sea through the process of
evaporation, at the time of the 1909 enlargement of the
reservation, there were some expectations that the Salton Sea
would recede within a period of 25 years.
(4) Through the present day, the majority of the lands added
to the reservation in 1909 remain inundated due in part to the
flowage of natural runoff and drainage water from the
irrigation systems of the Imperial, Coachella, and Mexicali
Valleys into the Salton Sea.
(5) In addition to those lands that are inundated, there are
also tribal and individual Indian lands located on the
perimeter of the Salton Sea that are not currently irrigable
due to lack of proper drainage.
(6) In 1982, the United States brought an action in trespass
entitled ``United States of America, in its own right and on
behalf of Torres-Martinez Band of Mission Indians and the
Allottees therein v. The Imperial Irrigation District and
Coachella Valley Water District'', Case No. 82-1790 K (M)
(hereafter in this section referred to as the ``U.S. Suit'') on
behalf of the Torres-Martinez Indian Tribe and affected Indian
allottees against the two water districts seeking damages
related to the inundation of tribal- and allottee-owned lands
and injunctive relief to prevent future discharge of water on
such lands.
(7) On August 20, 1992, the Federal District Court for the
Southern District of California entered a judgment in the U.S.
Suit requiring the Coachella Valley Water District to pay
$212,908.41 in past and future damages and the Imperial
Irrigation District to pay $2,795,694.33 in past and future
damages in lieu of the United States' request for a permanent
injunction against continued flooding of the submerged lands.
(8) The United States, the Coachella Valley Water District,
and the Imperial Irrigation District have filed notices of
appeal with the United States Court of Appeals for the Ninth
Circuit from the district court's judgment in the U.S. Suit
(Numbers 93-55389, 93-55398, and 93-55402), and the Tribe has
filed a notice of appeal from the district court's denial of
its motion to intervene as a matter of right (No. 92-55129).
(9) The Court of Appeals for the Ninth Circuit has stayed
further action on the appeals pending the outcome of settlement
negotiations.
(10) In 1991, the Tribe brought its own lawsuit, Torres-
Martinez Desert Cahuilla Indians, et al., v. Imperial
Irrigation District, et al., Case No. 91-1670 J (LSP)
(hereafter in this section referred to as the ``Indian Suit'')
in the United States District Court, Southern District of
California, against the two water districts, and amended the
complaint to include as a plaintiff, Mary Resvaloso, in her own
right, and as class representative of all other affected Indian
allotment owners.
(11) The Indian Suit has been stayed by the District Court to
facilitate settlement negotiations.
(b) Purpose.--The purpose of this Act is to facilitate and implement
the settlement agreement negotiated and executed by the parties to the
U.S. Suit and Indian Suit for the purpose of resolving their
conflicting claims to their mutual satisfaction and in the public
interest.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Tribe'' means the Torres-Martinez Desert
Cahuilla Indians, a federally recognized Indian tribe with a
reservation located in Riverside and Imperial Counties,
California.
(2) The term ``allottees'' means those individual Tribe
members, their successors, heirs, and assigns, who have
individual ownership of allotted Indian trust lands within the
Torres-Martinez Indian Reservation.
(3) The term ``Salton Sea'' means the inland body of water
located in Riverside and Imperial counties which serves as a
drainage reservoir for water from precipitation, natural
runoff, irrigation return flows, wastewater, floods, and other
inflow from within its watershed area.
(4) The term ``Settlement Agreement'' means the Agreement of
Compromise and Settlement Concerning Claims to Lands of the
United States Within and on the Perimeter of the Salton Sea
Drainage Reservoir Held in Trust for the Torres-Martinez
Indians executed on June 18, 1996.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``permanent flowage easement'' means the
perpetual right by the water districts to use the described
lands in the Salton Sink within and below the minus 220-foot
contour as a drainage reservoir to receive and store water from
their respective water and drainage systems, including flood
water, return flows from irrigation, tail water, leach water,
operational spills and any other water which overflows and
floods such lands, originating from lands within such water
districts.
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.
The United States hereby approves, ratifies, and confirms the
Settlement Agreement.
SEC. 5. SETTLEMENT FUNDS.
(a) Establishment of Tribal and Allottees Settlement Trust Funds
Accounts.--
(1) In general.--There are established in the Treasury of the
United States three settlement trust fund accounts to be known
as the ``Torres-Martinez Settlement Trust Funds Account'', the
``Torres-Martinez Allottees Settlement Account I'', and the
``Torres-Martinez Allottees Settlement Account II'',
respectively.
(2) Availability.--Amounts held in the Torres-Martinez
Settlement Trust Funds Account, the Torres-Martinez Allottees
Settlement Account I, and the Torres-Martinez Allottees
Settlement Account II shall be available to the Secretary for
distribution to the Tribe and affected allottees in accordance
with subsection (c).
(b) Contributions to the Settlement Trust Funds.--
(1) In general.--Amounts paid to the Secretary for deposit
into the trust fund accounts established by subsection (a)
shall be allocated among and deposited in the trust accounts in
the amounts determined by the tribal-allottee allocation
provisions of the Settlement Agreement.
(2) Cash payments by coachella valley water district.--Within
the time, in the manner, and upon the conditions specified in
the Settlement Agreement, the Coachella Valley Water District
shall pay the sum of $337,908.41 to the United States for the
benefit of the Tribe and any affected allottees.
(3) Cash payments by imperial irrigation district.--Within
the time, in the manner, and upon the conditions specified in
the Settlement Agreement, the Imperial Irrigation District
shall pay the sum of $3,670,694.33 to the United States for the
benefit of the Tribe and any affected allottees.
(4) Cash payments by the united states.--Within the time and
upon the conditions specified in the Settlement Agreement, the
United States shall pay into the three separate tribal and
allottee trust fund accounts the total sum of $10,200,000, of
which sum--
(A) $4,200,000 shall be provided from moneys
appropriated by Congress under section 1304 of title
31, United States Code, the conditions of which are
deemed to have been met, including those of section
2414 of title 28, United States Code; and
(B) $6,000,000 shall be provided from moneys
appropriated by Congress for this specific purpose to
the Secretary.
(5) Additional payments.--In the event that any of the sums
described in paragraphs (2) or (3) are not timely paid by the
Coachella Valley Water District or the Imperial Irrigation
District, as the case may be, the delinquent payor shall pay an
additional sum equal to 10 percent interest annually on the
amount outstanding daily, compounded yearly on December 31 of
each respective year, until all outstanding amounts due have
been paid in full.
(6) Severally liable for payments.--The Coachella Valley
Water District, the Imperial Irrigation District, and the
United States shall each be severally liable, but not jointly
liable, for its respective obligation to make the payments
specified by this subsection.
(c) Administration of Settlement Trust Funds.--The Secretary shall
administer and distribute funds held in the Torres-Martinez Settlement
Trust Funds Account, the Torres-Martinez Allottees Settlement Account
I, and the Torres-Martinez Allottees Settlement Account II in
accordance with the terms and conditions of the Settlement Agreement.
SEC. 6. TRUST LAND ACQUISITION AND STATUS.
(a) Acquisition and Placement of Lands Into Trust.--
(1) In general.--The Secretary shall convey into trust status
lands purchased or otherwise acquired by the Tribe within the
areas described in paragraphs (2) and (3) in an amount not to
exceed 11,800 acres in accordance with the terms, conditions,
criteria, and procedures set forth in the Settlement Agreement
and this Act. Subject to such terms, conditions, criteria, and
procedures, all lands purchased or otherwise acquired by the
Tribe and conveyed into trust status for the benefit of the
Tribe pursuant to the Settlement Agreement and this Act shall
be considered as if such lands were so acquired in trust status
in 1909 except as (i) to water rights as provided in subsection
(c), and (ii) to valid rights existing at the time of
acquisition pursuant to this Act.
(2) Primary acquisition area.--(A) The primary area within
which lands may be acquired pursuant to paragraph (1) are those
certain lands located in the Primary Acquisition Area, as
defined in the Settlement Agreement. The amount of acreage that
may be acquired from such area is 11,800 acres less the number
of acres acquired and conveyed into trust by reason of
paragraph (3).
(B) Lands may not be acquired under this paragraph if by
majority vote of the governing body of the city within whose
incorporated boundaries (as such boundaries exist on the date
of the Settlement Agreement) objects to the Tribe's request to
convey such lands into trust and notifies the Secretary of such
objection in writing within 60 days of receiving a copy of the
Tribe's request in accordance with the Settlement Agreement.
(3) Secondary acquisition area.--
(A) Not more than 640 acres of land may be acquired
pursuant to paragraph (1) from those certain lands
located in the Secondary Acquisition Area, as defined
in the Settlement Agreement.
(B) Lands referred to in subparagraph (A) may not be
acquired pursuant to paragraph (1) if by majority
vote--
(i) the governing body of the city whose
incorporated boundaries the subject lands are
situated within, or
(ii) the governing body of Riverside County,
California, in the event that such lands are
located within an unincorporated area,
formally objects to the Tribe's request to convey the
subject lands into trust and notifies the Secretary of
such objection in writing within 60 days of receiving a
copy of the Tribe's request in accordance with the
Settlement Agreement.
(b) Restrictions on Gaming.--The Tribe shall have the right to
conduct gaming on only one site within the lands acquired pursuant to
subsection (a)(1) as more particularly provided in the Settlement
Agreement.
(c) Water Rights.--All lands acquired by the Tribe under subsection
(a) shall--
(1) be subject to all valid water rights existing at the time
of tribal acquisition, including (but not limited to) all
rights under any permit or license issued under the laws of the
State of California to commence an appropriation of water, to
appropriate water, or to increase the amount of water
appropriated;
(2) be subject to the paramount rights of any person who at
any time recharges or stores water in a ground water basin to
recapture or recover the recharged or stored water or to
authorize others to recapture or recover the recharged or
stored water; and
(3) continue to enjoy all valid water rights appurtenant to
the land existing immediately prior to the time of tribal
acquisition.
SEC. 7. PERMANENT FLOWAGE EASEMENTS.
(a) Conveyance of Easement to Coachella Valley Water District.--
(1) Tribal interest.--The United States, in its capacity as
trustee for the Tribe, as well as for any affected Indian
allotment owners, and their successors and assigns, and the
Tribe in its own right and that of its successors and assigns,
shall convey to the Coachella Valley Water District a permanent
flowage easement as to all Indian trust lands (approximately
11,800 acres) located within and below the minus 220-foot
contour of the Salton Sink, in accordance with the terms and
conditions of the Settlement Agreement.
(2) United states interest.--The United States, in its own
right shall, notwithstanding any prior or present reservation
or withdrawal of land of any kind, convey to Coachella Valley
Water District a permanent flowage easement as to all Federal
lands (approximately 110,000 acres) located within and below
the minus 220-foot contour of the Salton Sink, in accordance
with the terms and conditions of the Settlement Agreement.
(b) Conveyance of Easement to Imperial Irrigation District.--
(1) Tribal interest.--The United States, in its capacity as
trustee for the Tribe, as well as for any affected Indian
allotment owners, and their successors and assigns, and the
Tribe in its own right and that of its successors and assigns,
shall grant and convey to the Imperial Irrigation District a
permanent flowage easement as to all Indian trust lands
(approximately 11,800 acres) located within and below the minus
220-foot contour of the Salton Sink, in accordance with the
terms and conditions of the Settlement Agreement.
(2) United states.--The United States, in its own right
shall, notwithstanding any prior or present reservation or
withdrawal of land of any kind, grant and convey to the
Imperial Irrigation District a permanent flowage easement as to
all Federal lands (approximately 110,000 acres) located within
and below the minus 220-foot contour of the Salton Sink, in
accordance with the terms and conditions of the Settlement
Agreement.
SEC. 8. SATISFACTION OF CLAIMS, WAIVERS, AND RELEASES.
(a) Satisfaction of Claims.--The benefits available to the Tribe and
the allottees under the terms and conditions of the Settlement
Agreement and the provisions of this Act shall constitute full and
complete satisfaction of the claims by the Tribe and the allottees
arising from or related to the inundation and lack of drainage of
tribal and allottee lands described in section 2 of this Act and
further defined in the Settlement Agreement.
(b) Approval of Waivers and Releases.--The United States hereby
approves and confirms the releases and waivers required by the
Settlement Agreement and this Act.
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) Eligibility for Benefits.--Nothing in this Act or the Settlement
Agreement shall affect the eligibility of the Tribe or its members for
any Federal program or diminish the trust responsibility of the United
States to the Tribe and its members.
(b) Eligibility for Other Services Not Affected.--No payment pursuant
to this Act shall result in the reduction or denial of any Federal
services or programs to the Tribe or to members of the Tribe, to which
they are entitled or eligible because of their status as a federally
recognized Indian tribe or member of the Tribe.
(c) Preservation of Existing Rights.--Except as provided in this Act
or the Settlement Agreement, any right to which the Tribe is entitled
under existing law shall not be affected or diminished.
(d) Amendment of Settlement Agreement.--The Settlement Agreement may
be amended from time to time in accordance with its terms and
conditions.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
SEC. 11. EFFECTIVE DATE.
(a) In General.--Except as provided by subsection (b), this Act shall
take effect on the date of enactment of this Act.
(b) Exception.--Sections 4, 5, 6, 7, and 8 shall take effect on the
date on which the Secretary of the Interior determines the following
conditions have been met:
(1) The Tribe agrees to the Settlement Agreement and the
provisions of this Act and executes the releases and waivers
required by the Settlement Agreement and this Act.
(2) The Coachella Valley Water District agrees to the
Settlement Agreement and to the provisions of this Act.
(3) The Imperial Irrigation District agrees to the Settlement
Agreement and to the provisions of this Act.
PURPOSE OF THE BILL
The purpose of H.R. 3640 is to provide for the settlement
of issues and claims related to the trust lands of the Torres-
Martinez Desert Cahuilla Indians.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3640 would settle a land claim made by the Torres-
Martinez Indian tribe against the United States and two
irrigation districts in California. This legislation would
ratify an agreement negotiated between the Administration, the
Tribe, the Coachella Valley Water District (CVWD) and the
Imperial Irrigation District (IID).
The settlement agreement reached between the parties
provides that the Tribe will receive $14 million in
compensation for its land losses, $4 million to be paid by the
two water districts (IID and CVWD) and $10 million to be paid
by the United States government. In addition, pursuant to the
agreement, the Tribe is given the right to acquire 11,160 acres
of land within a specified area adjacent to the existing tribal
lands and 640 acres of land within another specified area near
but not adjacent to existing Tribal lands.
Water rights of local communities will not be changed by
acquisitions by the Tribe pursuant to this settlement
agreement. According to the agreement, the Tribe must use canal
water whenever possible and, when necessary, pay groundwater
replenishment fees. The agreement also grants to the two water
districts a permanent drainage easement allowing them to drain
water into the Salton Sea.
COMMITTEE ACTION
H.R. 3640 was introduced on June 13, 1996, by Congressman
Sonny Bono (R-CA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Native American and Insular Affairs. On June 19, 1996, the
Subcommittee held a hearing on H.R. 3640, where the
Administration testified in favor of H.R. 3640. On June 19,
1996, the Subcommittee met to mark up H.R. 3640. The bill was
ordered favorably reported to the Full Committee by voice vote
without amendment.
On August 1, 1996, the Full Resources Committee met to
consider H.R. 3640. An en bloc technical amendment was offered
by Congressman Don Young (R-AK). The en bloc amendment was
offered to insure that H.R. 3640 does not abrogate water rights
and other legal rights when land is taken into trust, to make
clear that it is not the intent of the settlement agreement to
impede localities from entering into legally binding
arrangements with Tribes, and to eliminate a potential
misreading of the bill to give the Torres-Martinez Tribe
certain rights not afforded to other tribes. The amendment was
adopted by voice vote. A technical amendment to change the
incorrect reference to the north end of the Salton Sink on page
2 and to insert the date, on page 6, on which all seven
signatures were obtained for the Settlement Agreement defined
in the bill was offered by Congressman Elton Gallegly (R-CA),
and adopted by voice vote. The bill as amended was then ordered
favorably reported to the House of Representatives, in the
presence of a quorum.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This Act may be cited as the ``Torres-Martinez Desert
Cahuilla Indians Claims Settlement Act''.
Section 2. Congressional findings and purpose
This section makes various Congressional findings relating
to the history of the Tribe, the creation of the Salton Sea,
the inundation of Tribal lands, and the land claim litigation
which followed.
The purpose of H.R. 3640, specified in this section, is to
facilitate and implement a land claim settlement agreement
negotiated and executed by the various parties to the
aforementioned litigation which would resolve related land
claims.
Section 3. Definitions
This section provides various definitions for the purposes
of this Act.
Section 4. Ratification of settlement agreement
This section provides that this Act approves, ratifies, and
confirms the land claim settlement agreement referred to in
Section 2.
Section 5. Settlement funds
This section establishes three land claim settlement trust
funds in the United States Treasury which shall be available to
the Secretary of the Interior for distribution to the Tribe and
to tribal allottees pursuant to the terms and conditions of the
settlement agreement.
This section also provides the amounts to be paid by
certain parties to the United States for deposit into the
aforementioned trust fund accounts. Interest shall be paid in
those instances where payments are not timely.
Section 6. Trust land acquisition and status
This section provides that the Secretary of the Interior
shall take land into trust acquired by the Tribe from within
two acquisition areas which are defined in the settlement
agreement. Those lands acquired shall be subject to all valid
and existing water rights.
Section 7. Permanent flowage easements
This provision provides that the United States and the
Tribe shall convey permanent flowage easements to all Indian
trust lands and all Federal lands, located below the minus 220-
foot contour of the Salton Sink, to the Coachella Valley Water
District and the Imperial Irrigation District.
Section 8. Satisfaction of claims, waivers, and releases
This section provides that the benefits provided by this
Act shall constitute full and complete satisfaction to the
Tribe and allottees arising from the land claims defined in the
settlement agreement. It also provides that the United States
confirms the releases and waivers required by the settlement
agreement.
Section 9. Miscellaneous provisions
This provision provides that this Act shall not reduce,
deny, diminish, or otherwise affect certain Tribal rights.
Section 10. Authorization of appropriations
This provision authorizes such sums as are necessary to
carry out this Act.
Section 11. Effective date
This section provides that all provision of this Act shall
take effect on the date of enactment of this Act except certain
sections which shall take effect on the date on which the
Secretary of the Interior determines that certain conditions
have been met.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 3640 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
COST OF THE LEGISLATION
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 3640. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
compliance with house rule xi
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
3640 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3640.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
3640 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 19, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3640, the Torres-
Martinez Desert Cahuilla Indians Claims Settlement Act.
Enacting H.R. 3640 would not affect direct spending or
receipts. Therefore, pay-as-you-go procedures would not apply
to the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
------ ------,
(For June E. O'Neill, Director).
Enclosure.
congressional budget office cost estimate
1. Bill number: H.R. 3640.
2. Bill title: Torres-Martinez Desert Cahuilla Indians
Claims Settlement Act.
3. Bill status: As ordered reported by the House Committee
on Resources on August 1, 1996.
4. Bill purpose: H.R. 3640 would ratify a settlement
agreement entered into by the Department of Justice, the
Imperial Irrigation District, the Coachella Valley Water
District, and the Torres-Martinez Cahuilla Indian Tribe. The
settlement agreement is designed to provide compensation to the
tribe for the flooding of reservation lands and relief against
further inundation of those lands. According to the agreement,
the tribe would receive monetary compensation from the United
States and the two water districts. In addition, the Interior
Department would take into trust up to 11,800 acres of land
acquired by the tribe, and the tribe would be permitted to
conduct gaming on lands taken into trust pursuant to the
agreement.
5. Estimated cost to the Federal Government: The bill would
authorize an appropriation of $6 million to the tribe and its
member landowners. Assuming enactment by the end of fiscal year
1996 and appropriation of the funds for fiscal year 1997, CBO
estimates that the tribe would spend out the money over the
next three years.
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
Spending subject to appropriation:
Authorization level................................... ....... 6 ....... ....... ....... .......
Estimated outlays..................................... ....... 3 2 1 ....... .......
----------------------------------------------------------------------------------------------------------------
The costs of this bill fall within budget function 450.
The tribe also would receive a payment of $4.2 million from
the Claims and Judgments Fund. This payment would not represent
a new obligation of the U.S. government, but would simply
satisfy a commitment already made. That commitment stems from
court action begun in 1982 and ultimately resolved by the
settlement agreement negotiated by the parties to two separate
suits, both of which have been suspended pending the outcome of
such negotiations. The agreement entered into by the Department
of Justice, the water districts, and the tribe calls for
payment by the U.S. government of $4.2 million to the tribe.
(The agreement also calls for payments by the two water
districts to the tribe). Because the settlement agreement
commits the U.S. government to the $4.2 million payment,
enacting H.R. 3640 would not cause any increase in direct
spending from the Claims and Judgments Fund.
6. Basis of estimates: Funds that the tribe would receive
may be spent on attorney fees, per capita payments, land
acquisition, and other activities as stipulated by the
settlement agreement. CBO expects that some of the funds would
be spent quickly, while other activities such as the purchase
of land would take longer. As a result, we estimate that about
one-half of the $6 million would be spent in the year that
funds are appropriated, with the remainder spread over the
subsequent two years.
7. Pay-as-you-go considerations: None.
8. Estimated impact on State, local, and tribal
governments: H.R. 3640 contains no intergovernmental mandates
as defined in the Unfunded Mandates Reform Act of 1995 (Public
Law 104-4) and would impose no costs on state, local, or tribal
governments. Any costs resulting from the settlement agreement
covered by this bill would be incurred voluntarily by state,
local, and tribal governments as parties to the agreement.
9. Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in Public Law
104-4.
10. Previous CBO estimate: On August 9, 1996, CBO prepared
a cost estimate for S. 1893, the Torres-Martinez Desert
Cahuilla Indians Claims Settlement Act, as ordered reported by
the Senate Committee on Indian Affairs on July 24, 1996. The
two bills are very similar, and the estimates are identical.
11. Estimate prepared by--Federal Cost Estimate: Rachel
Robertson and Lisa Daley; impact on State, Local, and Tribal
Governments: Marjorie Miller; impact on the Private Sector: Amy
Downs.
12. Estimate approved by: Peter Fontaine, for Paul N. Van
de Water, Assistant Director for Budget Analysis.
compliance with public law 104-4
H.R. 3640 contains no unfunded mandates.
changes in existing law
If enacted, H.R. 3640 would make no changes in existing
law.