In an action brought by the Tribe under the Federal Tort Claims Act, Judge Houston relied on the California Evidence Code section 823 allowing for “equitable” damages since the cultural resources at issue were lost and identical resources could not be created. The Court found that the construction of one museum or cultural center at a cost of $2,800,000, along with salary for four Cultural Resource instructors and caretakers would constitute “reasonable equivalent resources that will provide for the preservation and continued practice of the Quechan culture and will justly and equitably address the significant overall damage to the impacted sites.” 

The equivalency costs that represent damages in this case are: 1) the construction of one museum or cultural center at a cost of $2,800,000; 2) a Cultural Resources Director and Lead Cultural Instructor at an annual salary of $62,981; 3) two Cultural Instructors, each having an annual salary of $29,665; and 5) a Museum Caretaker having an annual salary of $27,464.