§ 1778. — Congressional findings and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1778]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER XII--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS
SETTLEMENT
Sec. 1778. 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 subchapter 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.
(Pub. L. 106-568, title VI, Sec. 602, Dec. 27, 2000, 114 Stat. 2906.)
References in Text
The Mission Indian Relief Act of 1891 and the Mission Indian Relief
Act, referred to in subsec. (a)(1) and (3), means act Jan. 12, 1891, ch.
65, 26 Stat. 712, as amended, which is not classified to the Code.
Effective Date
Pub. L. 106-568, title VI, Sec. 611, Dec. 27, 2000, 114 Stat. 2912,
provided that:
``(a) In General.--Except as provided by subsection (b), this title
[see Short Title note below] shall take effect on the date of the
enactment of this Act [Dec. 27, 2000].
``(b) Exception.--Sections 4, 5, 6, 7, and 8 [probably means
sections 604 to 608 of title VI of Pub. L. 106-568, which are classified
to sections 1778b to 1778f of this title] 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 title and executes the releases and waivers
required by the Settlement Agreement and this title.
``(2) The Coachella Valley Water District agrees to the
Settlement Agreement and to the provisions of this title.
``(3) The Imperial Irrigation District agrees to the Settlement
Agreement and to the provisions of this title.''
Short Title
Pub. L. 106-568, title VI, Sec. 601, Dec. 27, 2000, 114 Stat. 2906,
provided that: ``This title [enacting this subchapter and provisions set
out as a note above] may be cited as the `Torres-Martinez Desert
Cahuilla Indians Claims Settlement Act'.''
Section Referred to in Other Sections
This section is referred to in section 1778f of this title.
