§ 952 TITLE 25—INDIANS Page 338

(Pub. L. 86–339, §1, Sept. 21, 1959, 73 Stat. 602.)

§ 952. Members entitled to allotment; prohibition

against further allotments

Any member of the Agua Caliente Band (hereinafter called the ‘‘band’’) who is living on September 21, 1959, and who has not received an allotment of land shall be given an allotment in

accordance with the provisions of law existing

prior to this Act. No further allotments of land

shall thereafter be made to any other or future

born members of the band, or to their heirs or

devisees, except for the purpose of equalization.

This prohibition against further allotments

shall not be construed as a closing of the band’s

membership rolls.

(Pub. L. 86–339, §2, Sept. 21, 1959, 73 Stat. 602.)

REFERENCES IN TEXT

The words ‘‘prior to this Act’’, referred to in text,

mean prior to enactment of Act Sept. 21, 1959, Pub. L.

86–339.

§ 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; distribution

of revenues from Mineral Springs parcel

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: 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.

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 se-