§ 951. — Authority to equalize allotments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC951]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIV--AGUA CALIENTE (PALM SPRINGS) RESERVATION OF CALIFORNIA:
EQUALIZATION OF ALLOTMENTS
Sec. 951. Authority to equalize allotments
The Secretary of the Interior (hereinafter called the ``Secretary'')
is authorized and directed to do whatever is necessary and proper to
equalize as nearly as possible the values of all allotments of land on
the Agua Caliente (Palm Springs) Reservation in California in accordance
with the provisions of this subchapter.
(Pub. L. 86-339, Sec. 1, Sept. 21, 1959, 73 Stat. 602.)
Short Title
Pub. L. 86-339, Sept. 21, 1959, 73 Stat. 602, as amended, which
enacted this subchapter, is popularly known as the ``Aqua Caliente
Equalization Act of 1959''.
Expiration of Restriction on Distribution of Revenues From Mineral
Springs Parcel
Pub. L. 105-308, Oct. 30, 1998, 112 Stat. 2932, provided that:
``SECTION 1. FINDINGS.
``Congress finds that--
``(1) among its purposes, 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, commonly known as the `Agua Caliente
Equalization Act of 1959' (25 U.S.C. 951 et seq.) (referred to in
this section as the `Act') was intended to provide for a reasonable
degree of equalization of the value of allotments made to members of
the Agua Caliente Band of Cahuilla Indians;
``(2) the Act was enacted in response to litigation in Federal
courts in Segundo, et al. v. United States, 123 F. Supp. 554 (1954);
``(3) the case referred to in paragraph (2) was appealed under
the case name United States v. Pierce, 235 F. 2d 885 (1956) and that
case affirmed the entitlement of certain members of the Band to
allotments of approximately equal value to lands allotted to other
members of the Band;
``(4)(A) to achieve the equalization referred to in paragraph
(3), section 3 of the Act (25 U.S.C. 953) provided for the allotment
or sale of all remaining tribal lands, with the exception of several
specifically designated parcels, including 2 parcels in the Mineral
Springs area known as parcel A and parcel B;
``(B) section 3 of the Act restricted the distribution of any
net rents, profits, or other revenues derived from parcel B to
members of the Band and their heirs entitled to equalization of the
value of the allotments of those members;
``(C) from 1959 through 1984, each annual budget of the Band, as
approved by the Bureau of Indian Affairs, provided for expenditure
of all revenues derived from both parcel A and parcel B solely for
tribal governmental purposes; and
``(D) as a result of the annual budgets referred to in
subparagraph (C), no net revenues from parcel B were available for
distribution to tribal members entitled to equalization under
section 3 of the Act referred to in paragraph (1);
``(5) by letter of December 6, 1961, the Director of the
Sacramento Area Office of the Bureau of Indian Affairs informed the
regional solicitor of the Bureau of Indian Affairs that the
equalization of allotments on the Agua Caliente Reservation with
respect to those members of the Band who were eligible for
equalization had been completed using all available excess tribal
land in a manner consistent with--
``(A) the decree of the court in the case referred to in
paragraph (2); and
``(B) the Act;
``(6) in 1968, the files of the Department of the Interior with
respect to the case referred to in paragraph (3), the closure of
which was contingent upon completion of the equalization program,
were retired to the Federal Record Center, where they were
subsequently destroyed;
``(7) on March 16, 1983, the Secretary of the Interior published
notice in the Federal Register that full equalization had been
achieved within the meaning of section 7 of the Act (25 U.S.C. 957);
``(8) section 7 of the Act states that `allotments in accordance
with the provisions of this Act shall be deemed complete and full
equalization of allotments on the Agua Caliente Reservation'; and
``(9) the regulations governing the equalization of allotments
under the Act referred to in paragraph (1) were rescinded by the
Secretary, effective March 31, 1983.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Band.--The term `Band' means the Agua Caliente Band.
``(2) Parcel b.--The term `parcel B' means the parcel of land in
the Mineral Springs area referred to as `parcel B' 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,
commonly known as the `Agua Caliente Equalization Act of 1959' (25
U.S.C. 953(b)).
``(3) Secretary.--The term `Secretary' means the Secretary of
the Interior.
``SEC. 3. EQUALIZATION OF ALLOTMENTS.
``(a) In General.--The full equalization of allotments within the
meaning of section 7 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, commonly known as the `Agua Caliente Equalization Act of 1959'
(25 U.S.C. 957) is deemed to have been completed.
``(b) Expiration of Entitlement.--By reason of the achievement of
the full equalization of allotments described in subsection (a), the
entitlement of holders of equalized allotments to distribution of net
revenues from parcel B under 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, commonly known as the `Agua Caliente Equalization
Act of 1959' (25 U.S.C. 953(b)) shall be deemed to have expired.
``SEC. 4. REMOVAL OF RESTRICTION.
``(a) In General.--[Amended section 953(b) of this title.]
``(b) Applicability.--The amendment made by subsection (a) shall
apply as if this section had been enacted on March 31, 1983.
``(c) Subsequent Distributions.--Any per capita distribution of
tribal revenues of the Band made after the date of enactment of this Act
[Oct. 30, 1998] shall be made to all members of the Band in equal
amounts.''
