I
105TH CONGRESS
2D SESSION
H. R. 4699
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.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 5, 1998
Mrs. BONO introduced the following bill; which was referred to the Committee
on Resources
A BILL
To remove the restriction on the distribution of certain reve-
nues from the Mineral Springs parcel to certain members
of the Agua Caliente Band of Cahuilla Indians.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 Sep-
tember 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 mem-
bers 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 af-
firmed 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 Min-
eral Springs area known as parcel A and parcel B;
(B) section 3 of the Act restricted the distribu-
tion of any net rents, profits, or other revenues de-
rived 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 reve-
nues 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 In-
dian Affairs informed the regional solicitor of the
Bureau of Indian Affairs that the equalization of al-
lotments on the Agua Caliente Reservation with re-
spect to those members of the Band who were eligi-
ble 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 re-
ferred 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 para-
graph (3), the closure of which was contingent upon
completion of the equalization program, were retired
to the Federal Record Center, where they were sub-
sequently destroyed;
(7) on March 16, 1983, the Secretary of the In-
terior published notice in the Federal Register that
full equalization had been achieved within the mean-
ing 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 re-
ferred 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 com-
pleted.
(b) EXPIRATION OF ENTITLEMENT.—By reason of
the achievement of the full equalization of allotments de-
scribed 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.—The fourth undesignated para-
graph in section 3(b) of the Act entitled ‘‘An Act to pro-
vide 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: Pro-
vided,’’ and all that follows through the end of the para-
graph and inserting ‘‘east.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (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.
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