House Report 106-855 - TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT ACT

[House Report 106-855]
[From the U.S. Government Publishing Office]

106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-855

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TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT ACT

_______

September 18, 2000.--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 4643]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred 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, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.

PURPOSE OF THE BILL

The purpose of H.R. 4643 is 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.

BACKGROUND AND NEED FOR LEGISLATION

H.R. 4643 would provide for the settlement of issues and
claims related to the loss of approximately 14,000 acres of
trust lands by the Torres-Martinez Desert Cahuilla Indians. It
would implement a comprehensive settlement negotiated after 18
years of litigation involving the federal government and the
Tribe.
Pursuant to the negotiated settlement, this legislation
would establish three settlement trust fund accounts in the
Department of the Treasury for the benefit of the Tribe into
which the United States would pay $10.2 million. It also
provides that the Secretary of the Interior shall take into
trust up to 11,800 acres of land to be acquired by the Tribe
within a limited area, specified in the negotiated settlement,
in the Coachella Valley.
Enactment of H.R. 4643 shall constitute full and complete
satisfaction of various claims by the Tribe and allottees for
the loss of their trust lands. H.R. 4643 is almost identical to
H.R. 3640 which was passed by the House but was not acted upon
by the Senate in 1996 (See House Report 104-777).

COMMITTEE ACTION

H.R. 4643 was introduced on June 13, 2000, by Congresswoman
Mary Bono (R-CA). The bill was referred to the Committee on
Resources. On July 26, 2000, the Full Resources Committee met
to consider the bill. No amendments were offered and the bill
was ordered favorably reported to the House of Representatives
by voice vote.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII 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 this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill will result in increased direct spending
of approximately $4 million in fiscal year 2001 (from a $4
million payment from the Judgment Fund).
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII 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 on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, August 17, 2000.
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. 4643, the Torres-
Martinez Desert Cahuilla Indians Claims Settlement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Lanette J.
Keith (for federal costs), and Marjorie Miller (for the state,
local, and tribal impact).
Sincerely,
Arlene Holen
(For Dan L. Crippen, Director).
Enclosure.

H.R. 4643--Torres-Martinez Desert Cahuilla Indians Claims Settlement
Act

Summary: H.R. 4643 would ratify a settlement agreement
entered into by the Department of Justice (DOJ), the Imperial
Irrigation District, the Coachella Valley Water District, and
the Torres-Martinez Desert Cahuilla Indian Tribe. Under the
agreement, the tribe would receive a total of $10 million from
the federal government to compensate the tribe for the flooding
of reservation lands and relief against further inundation of
those lands. In addition, the Department of the Interior (DOI)
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 this land.
The bill would authorize the appropriation of $6 million to
the tribe to satisfy the terms of the settlement agreement. CBO
estimates that implementing H.R. 4643 would cost $6 million in
fiscal year 2001. Under the settlement, an additional $4
million would be paid from the Judgment Fund to the tribe, and
would not require appropriation action. Enacting H.R. 4643
would result in direct spending of $4 million in fiscal year
2001. Because the bill would affect direct spending, pay-as-
you-go procedures would apply. The bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA). Any costs resulting from
the settlement agreement would be incurred voluntarily by the
parties to that agreement.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4643 is shown in the following table.
This estimate assumes that the amounts authorized will be
appropriated and that the bill will be enacted near the
beginning of fiscal year 2001. The costs of this legislation
fall within budget function 800 (general government) and 450
(community and regional development).

Authorization level........................................... 6 0 0 0 0
Estimated outlays............................................. 6 0 0 0 0

CHANGES IN DIRECT SPENDING

Budget authority.............................................. 4 0 0 0 0
Estimated outlays............................................. 4 0 0 0 0
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Basis of estimate: H.R. 4643 would authorize DOJ and DOI to
make payments to new tribal trust funds, including $4 million
from the Judgment Fund and $6 million from appropriated
amounts. These funds could be spent on attorney fees, per
capita payments, land acquisition, and other activities as
provided for in the settlement agreement.

Spending subject to appropriation

H.R. 4643 would authorize the appropriation of $6 million
to the trust funds established by this bill to satisfy the
settlement agreement entered into by the DOJ, the Imperial
Irrigation District, the Coachella Valley Water District, and
the Torres-Martinez Desert Cahuilla Indian Tribe. The funds
deposited into the trust funds would become the tribe's
property, so assuming that appropriations of $6 million are
provided in 2001, outlays of that amount would be recorded in
that year.
In addition, the bill would authorize DOI to take into
trust up to 11,800 acres of land acquired by the tribe. Based
on information from the department, CBO estimates that any
administrative cost to the federal government to take those
lands into trust would not be significant.

Direct spending

Under the terms of the settlement agreement, the federal
government would transfer $4 million into the tribe's trust
funds from the Judgment Fund. The funds deposited into the
trust funds would become the tribe's property. Because the
settlement agreement requires the approval of the Congress,
enacting H.R. 4643 would result in additional direct spending
of $4 million in 2001. The tribe does not have a legal claim
pending against the federal government, so the Judgment Fund is
not available to fund a settlement agreement absent this
legislation.
This settlement would extinguish any future claim that the
tribe may have against the United States, so it is possible
that the amount paid to the tribe under the bill could be
offset by a reduction in payments that would be made from the
Judgment Fund in future years. However, CBO cannot estimate
either the likelihood or the magnitude of such offset because
there is no basis for predicting either the outcome of possible
litigation against the United States or the amount of
compensation, if any.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The
following table summarizes the estimated impact of H.R. 4643 on
direct spending.

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By fiscal year, in millions of dollars--
----------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
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Changes in outlays \1\............. 0 4 0 0 0 0 0 0 0 0 0
Changes in receipts................ Not applicable
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\1\ This cost could be offset by a reduction in future payments from the Judgment Fund, however, CBO cannot
estimate the likelihood or magnitude of such an offset.

Intergovernmental and private-sector impact: H.R. 4643
contains no intergovernmental or private-sector mandates as
defined in UMRA. Any costs resulting from the settlement
agreement would be incurred voluntarily by the parties to that
agreement. Under the terms of the agreement, the Coachella
Valley Water District and the Imperial Irrigation District
would make certain payments for the benefit of the tribe. In
return for these payment and other benefits conferred by the
agreement, the tribe would give up its claims relating to land
flooded by the Salton Sea.

compliance with public law 104-4

This bill contains no unfunded mandates.

preemption of state, local or tribal law

This bill is not intended to preempt any State, local or
tribal law.

changes in existing law

If enacted, this bill would make no changes in existing
law.