[105th Congress Public Law 308]
[From the U.S. Government Printing Office]
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[DOCID: f:publ308.105]
[[Page 1]]
AGUA CALIENTE REVENUE DISTRIBUTION
[[Page 112 STAT. 2]]
Public Law 105-308
105th Congress
An Act
To remove the restriction on the distribution of certain revenues from
the Mineral Springs parcel to certain members of the Agua Caliente Band
of Cahuilla Indians. <<NOTE: Oct. 30, 1998 - [H.R. 700]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 25 USC 951 note.>> 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
[[Page 112 STAT. 3]]
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. <<NOTE: 25 USC 951 note.>> 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. <<NOTE: 25 USC 951 note.>> 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.
[[Page 112 STAT. 4]]
SEC. 4. <<NOTE: 25 USC 951 note.>> REMOVAL OF RESTRICTION.
(a) In General.--The fourth undesignated paragraph 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)), is amended by striking ``east: Provided,'' and all that
follows through the end of the paragraph and inserting ``east.''.
(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 shall
be made to all members of the Band in equal amounts.
Approved October 30, 1998.
LEGISLATIVE HISTORY--H.R. 700:
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HOUSE REPORTS: No. 105-241 (Comm. on Resources).
SENATE REPORTS: No. 105-349 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Sept. 8, considered and passed
House.
Vol. 144 (1998):
Oct. 12, considered and passed
Senate, amended.
Oct. 15, House concurred in Senate
amendment.
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