§ 953. — Lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC953]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIV--AGUA CALIENTE (PALM SPRINGS) RESERVATION OF CALIFORNIA:
EQUALIZATION OF ALLOTMENTS
Sec. 953. Lands
(a) Determination of value of unallotted and allotted lands; exclusion
of deceased allottees' allotments
The Secretary shall determine on the basis of the contract
appraisals that were made in 1957 and 1958 (1) the value of all
unallotted tribal land, and (2) the value of the allotment of each
allottee who is living on September 21, 1959, excluding the value of any
improvements thereon. Where lands of a living allottee have been sold
under the supervision of the Secretary, their value for the purpose of
equalization shall be the amount received from such sale, excluding the
value assigned to any improvements thereon. Where lands of a living
allottee have been fee patented to and sold by the allottee, their value
for the purpose of equalization shall be the appraised value of the
lands, excluding improvements, as of the time of the sale, regardless of
the amount received from the sale. The allotments of allottees who are
not living on September 21, 1959 shall be excluded from the equalization
program. All values so determined by the Secretary shall be final and
conclusive for the purposes of this subchapter.
(b) Lands not subject to allotment
In no event shall the following tribal lands be subject to
allotment, and they shall henceforth be set apart and designated as
tribal reserves for the benefit and use of the band:
Cemetery numbered 1, block 235, section 14, township 4 south, range
4 east.
Cemetery numbered 2, as now constituted pursuant to secretarial
order, comprising approximately two acres.
Roman Catholic Church, as now constituted pursuant to secretarial
order, comprising approximately two acres.
Mineral Springs, lots 3a, 4a, 13, and 14, section 14, township 4
south, range 4 east.
San Andreas Canyon, west half southeast quarter, southeast quarter
southeast quarter section 3, township 5 south, range 4 east.
Palm Canyon, south half and south half north half section 14,
township 5 south, range 4 east; all section 24, township 5 south, range
4 east.
Tahquitz Canyon, southwest quarter section 22, township 4 south,
range 4 east; north half section 28, township 4 south, range 4 east.
Murray Canyon, east half section 10, township 5 south, range 4 east.
(c) Equalization for living members by allotment without regard to
acreage limitations; creation of right by selection and
approval; allotments made subject to laws and regulations
On the basis of such values, the Secretary shall determine the
highest level of equalization that is feasible for the members of the
band who are living at the time of this Act by allotting all of the
unallotted tribal land, except the reserved areas listed in subsection
(b) of this section, without regard to acreage limitations heretofore
imposed by law. Such unallotted tribal land shall then be allotted to
those members who have received allotments with a value that is less
than the equalization figure deemed feasible in accordance with
procedures prescribed by the Secretary. No selection of an allotment
pursuant to such procedures shall create a vested right in the land
until all selections authorized by this subchapter have been made,
included in one schedule, and approved by the Secretary. Allotments
thereafter made shall be subject to the same laws and regulations that
apply to other trust allotments on the Agua Caliente Reservation.
(d) Portions in airport subject to allotment unless sold; procedure for
sale; payment of sale proceeds in lieu of allotment
The unallotted portions of section 18, township 4 south, range 5
east, and section 12, township 4 south, range 4 east, that are in the
municipal airport for the city of Palm Springs shall be subject to
allotment as a part of the equalization program, subject to the
following qualifications: If within thirty days after September 21,
1959, a majority of the adult members of the band who are eligible to
vote agree, the Secretary may offer to sell such land to the city for
its appraised value on September 21, 1959, and the Secretary shall cause
an independent appraisal thereof to be made by an appraiser he shall
select who shall be approved jointly by the band and the city before
proceeding with such appraisal, the costs for the appraisal to be shared
by the band and the city; thereafter the Secretary shall review the
completed appraisal and shall, if approved, then submit copies to both
the band and the city for their approval which shall be either accepted
or rejected in writing within thirty days; and if within three hundred
and sixty-five days after joint acceptance of such appraisal by the band
and the city, the city accepts the offer and tenders payment in full,
the Secretary shall complete the sale, and any allottees who may have
made or who may thereafter make an equalization selection from the lands
sold to the city shall receive in lieu of the allotment selected his
proportionate share of the proceeds of the sale.
(Pub. L. 86-339, Sec. 3, Sept. 21, 1959, 73 Stat. 602; Pub. L. 105-308,
Sec. 4(a), Oct. 30, 1998, 112 Stat. 2934.)
References in Text
The words ``at the time of this Act'', referred to in subsec. (c),
mean at Sept. 21, 1959, the date of enactment of this subchapter.
Amendments
1998--Subsec. (b). Pub. L. 105-308, in undesignated par. relating to
Mineral Springs, substituted ``east.'' for ``east: Provided, That no
distribution to member of the band of the net rents, profits, and other
revenues derived from that portion of these lands which is designated as
`parcel B' in the supplement dated September 8, 1958, to the lease by
and between the Agua Caliente Band of Mission Indians and Palm Springs
Spa dated January 21, 1958, or of the net income derived from the
investment of such net rents, profits, and other revenues or from the
sale of said lands or of assets purchased with the net rents, profits,
and other revenues aforesaid or with the net income from the investment
thereof shall be made except to those enrolled members who are entitled
to an equalization allotment or to a cash payment in satisfaction
thereof under this subchapter or, in the case of such a member who died
after September 21, 1959, to those entitled to participate in his
estate, and any such distribution shall be per capita to living enrolled
members and per stirpes to participants in the estate of a deceased
member.''
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-308 applicable as if it had been enacted on
Mar. 31, 1983, see section 4(b) of Pub. L. 105-308, set out as an
Expiration of Restriction on Distribution of Revenues From Mineral
Springs Parcel note under section 951 of this title.
Section Referred to in Other Sections
This section is referred to in sections 955, 958 of this title.
