Home > 106th Congressional Bills > H.R. 4643 (rs) 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. [Reported in Senate] ...H.R. 4643 (rs) 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. [Reported in Senate] ...
Union Calendar No. 511
106th CONGRESS
2d Session
H. R. 4643
[Report No. 106-855]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2000
Mrs. Bono (for herself and Mr. George Miller of California) introduced
the following bill; which was referred to the Committee on Resources
September 18, 2000
Additional sponsors: Mr. Hunter, Mr. Burton of Indiana, Mr. Calvert,
Mr. Graham, Mr. Udall of New Mexico, Mr. Dooley of California, Mr. Cox,
Mr. Foley, Mr. Thomas, Mr. Hansen, Mr. Cunningham, Mr. Davis of
Virginia, Mr. Hayworth, Mr. Young of Alaska, Mr. Lewis of California,
Mr. Taylor of Mississippi, and Mr. Snyder
September 18, 2000
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
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.
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).
(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, and third 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 by reason of paragraph (3).
(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. Such notification shall initiate
the terms, conditions, criteria, and procedures
referred to in paragraph (1) in accordance with which
the Secretary shall determine whether to approve the
acquisition by the tribe.
(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. Such notification shall initiate
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