[House Report 105-241]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-241
_______________________________________________________________________


 
                 AGUA CALIENTE BAND OF CAHUILLA INDIANS

                                _______
                                

 September 3, 1997.--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. 700]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 700) 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, 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. REMOVAL OF RESTRICTION ON DISTRIBUTION OF CERTAIN REVENUES.

    (a) In General.--The fourth undesignated 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 and Agreement to Make Payment.--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 distribution of 
the payment, as provided in Tribal Ordinance 22 dated August 6, 1996, 
to those referenced in Exhibit B of Tribal Ordinance 22.

                          Purpose of the Bill

    The purpose of H.R. 700 is to remove a restriction on the 
distribution of certain revenues from the Mineral Springs 
parcel of land to certain members of the Agua Caliente Band of 
Cahuilla Indians.

                  Background and Need for Legislation

    H.R. 700 would remove a revenue distribution restriction 
created in Public Law 86-339, a 1959 statute which related in 
part to the distribution of certain revenues to 85 members of 
the Agua Caliente Band of Cahuilla Indians.
    The 1959 Act exempted lands known as the Mineral Springs 
lots from an allotment process which had been developed to 
distribute the Band's public lands to individual members of the 
Band. The Mineral Springs lots were set apart and designated as 
tribal reserves. Revenues generated by the Mineral Springs lots 
were designated in the 1959 Act to be used to offset inequities 
in the allotments to 85 members of the Band and their heirs 
created in part by the withdrawal of the Mineral Springs lots 
from the allotment process.
    H.R. 700 would endorse a 1996 ordinance enacted by the Band 
which would compensate those members of the Band, or their 
heirs, entitled to a cash payment or equalization allotment in 
satisfaction of the requirements of the 1959 Act. The amount of 
the compensation for each of the 85 members, $22,000, has been 
placed into escrow by the Band. The provisions of H.R. 700 will 
take effect on or after the date of distribution of the 
aforementioned compensation to the 85 members of the Band.

                            Committee Action

    H.R. 700 was introduced on February 12, 1997, by 
Congressman Sonny Bono (R-CA). The bill was referred to the 
Committee on Resources. On June 24, 1997, the full Committee on 
Resources held a hearing on H.R. 700, where the Administration 
testified in support of the bill. On July 16, 1997, the full 
Committee on Resources met to consider H.R. 700. An amendment 
to provide that the provisions of H.R. 700 will take effect on 
or after the date of distribution of the compensation to the 85 
members of the Band was offered by Congressman Dale Kildee (D-
MI) and adopted by voice vote. The bill as amended was then 
ordered favorably reported to the House of Representatives by 
voice vote.

            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.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 700.

                        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. 700. 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. 
700 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. 700.
    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. 700 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 12, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 700, a bill 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Lisa H. 
Daley (for federal costs), and Marjorie Miller (for the impact 
on state, local, and tribal governments).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 700--A bill 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

    H.R. 700 would remove a restriction on the distribution of 
revenues generated by the Mineral Springs parcel of land to 
certain members of the Agua Caliente Band of Cahuilla Indians. 
CBO estimates that enacting H.R. 700 would have no impact on 
the federal budget because the funds and revenues that the bill 
would affect are nonfederal monies. Because H.R. 700 would not 
affect direct spending or receipts, pay-as-you-go procedures 
would not apply.
    H.R. 700 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
and would impose no costs on state, local, or tribal 
governments. Enacting this bill would allow the band to use the 
revenues derived from the Mineral Springs parcel to fund tribal 
programs. Enacting H.R. 700 also would result in the payment of 
funds already set aside by the band for payments to 85 members 
currently entitled to equalization allotments. These payments 
were authorized in a tribal ordinance adopted in 1996 and funds 
have been placed in escrow pending enactment of this 
legislation. The tribe would pay $22,000 to each of these 
members--almost $1.9 million in total.
    The CBO staff contacts for this estimate are Lisa H. Daley 
(for federal costs), and Marjorie Miller (for the impact on 
state, local, and tribal governments). This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 700 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                       ACT OF SEPTEMBER 21, 1959

   AN ACT To provide for the equalization of allotments on the Agua 
   Caliente (Palm Springs) Reservation in California, and for other 
                               purposes.

          * * * * * * *
    Sec. 3. (a) * * *
    (b) In no event shall the following tribal lands be subject 
to allotment, and they shall henceforth be set apart and 
designated as tribal reserves for the benefit and use of the 
band:
          * * * * * * *
    Mineral Springs, lots 3a, 4a, 13, and 14, section 14, 
township 4 south, range 4 [east: Provided, That no distribution 
to member of the band of the net rents, profits, and other 
revenues derived from that portion of these lands which is 
designated as ``parcel B'' in the supplement dated September 8, 
1958, to the lease by and between the Agua Caliente Band of 
Mission Indians and Palm Springs Spa dated January 21, 1958, or 
of 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 Act or, in the 
case of such a member who died after the enactment of this Act, 
to those entitled to participate in his estate, and and such 
distribution shall be per capita to living enrolled members and 
per stirpes to participants in the estate of a deceased 
member.] east.
          * * * * * * *

                                
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