An Act to amend the act of September 21, 1959 (Public Law 86-339), relating to the Reservation of the Agua Caliente Band of Mission Indians
PL 90-597 (H.R.17273), enacted 10/17/1968

1164 
PUBLIC LAW 90-597-OCT. 17, 1968 
[82 STAT. 
Deposit of 
rentals. 
Appropriation. 
Separability. 
Effective dates. 
SEC. 405. Eent paid for the use of public space under the authority 
of this Act shall be deposited to the credit of such special funds or gen-
eral fund of the District in such proportions as the Commissioner shall, 
in his discretion, determine. 
SEC. -Ir06. Appropriations to carry out the purposes of this Act are 
hereby authorized. 
SEC. 407. If any provision of this Act or of the regulations promul-
gated under the authority of this Act is held invalid, such invalidity 
shall not affect other provisions either of this Act or of the said regula-
tions which can be effected Avithout the invalid provisions, and to this 
end the provisions of this Act and the said regulations are separable. 
SEC. 408. Nothing contained in this Act shall be construed to affect 
in any manner the provisions of section 2 of the Act approved May 31, 
1900 (31 Stat. 248; I).C. Code, sec. 7-117), with respect to streets here-
tofore or hereafter dedicated in accordance with the provisions of such 
.Vet, and to make use of the parking on any such street in accordance 
with the terms of the fourth proviso of such section 2, relating to the 
height of parking and the projection of buildings beyond the building 
line, the District's right-of-way through said parking for sewers and 
water mains free of cost, and the use of the parking by the District 
for the constiiiotion of sidewalks. 
SEC. 409. Titles I and IV of this Act shall take effect on the date of 
approval of this Act. Title I I shall take effect the first day of the first 
month which occurs more than thirty days after the District of Colum-
bia Council has first adopted and promulgated regulations to carry 
out the purposes of such title. Title I I I shall take effect on the 1st day 
of July which occurs three months or more after the date of approv^al 
of this Act. 
Approved October 17, 1968. 
October 17, 1968 
[H.R. 17273] 
Public Law 90-597 
AN ACT 
To aineiul the Act of September 21, 1959 (Public Law 8C-339) relating to the 
Reservation of the Agua Caliente Baud of Mission Indians. 
Agua Caliente 
Reservation, 
Calif. 
Guardians, ap-
pointments and 
review. 
Be it enacted hy the Senate and House of RepreHentatweH of the 
United /States of America in Congu'ess ai^Heinbled^ That section 4 of the 
Act of September 21, 1959 (73 Stat. 604; 25 U.S.C. 954), is amended 
to read as follows: 
"(a) No guardian or other fiduciary shall be appointed under State 
hiw for tJie esiate of any member of the band, or continued in office, 
except with approval of the Secretary: Provided, That no conservator 
for any member of the band shall be appointed under State law or 
continued in office after the effective date of this Act, unless the indi-
\idual Indian concerned, with the approval of the Secretary, person-
ally petitions for the appointment or continuation of such appoint-
ment. The Secretary shall be given notice of all proceedings in the State 
court with respect to the estate of any member of the band which is 
being administered, and he may at any time appear as a party in such 
proceedings, and may exercise all rights accorded to a party under 
State law. 
'"(b) No guardian, conservator or other fiduciary appointed under 
State law shall, in his official capacity, participate in the management 
or disi>osition of any proi>erty or interest therein which is held in trust 
by the United States for a member of the band or is subject to restric-
82 STAT. ] 
PUBLIC LAW 90-597-OCT. 17, 1968 
1165 
Uons against alienation imposed by the laws of the United States, 
execute or approve any use, expenditure, investment, deposit, or dis-
lK)sition of such property or interest therein, or proceeds therefrom, or 
receive any fee or other comi^ensation for services hereafter performed 
with respect to such property or interest therein. The provisions of this 
subsection shall not preclude any such person, in his private capacity, 
from participating in the management or disposition of such property 
or interest therein with the specific approval of the Secretary of the 
Interior. Actions with respect to the use, expenditure, investment, 
deposit, or disposition of such property or interests therein, or proceeds 
therefrom, shall be valid and efficacious in all respects without par-
ticipation of affirmation by any guardian, conservator, or other fidu-
ciary appointed under State law. 
"(c) The Secretary, at any time, may require any guardian, con- 
Report. 
servator, or other fiduciary apix>inted under State law for a member of 
the band to submit a full and complete report concerning his handling 
of the estate during the preceding six years. If any person or entity 
required to do so by the Secretary fails or refuses to so report, or, if 
having reix)rted, the Secretary concludes that any action connected 
therewith is fraudulent, or capricious or arbitrary or so grossly 
erroneous as necessaily to imply bad faith, he may request the Attorney 
Greneral to cause an action to be brought in the name of the United 
States in the United States District Court for the Central District of 
California or in any such district court having jurisdiction over the 
jjerson, or i)ersons, and subject matter, for such relief as may be appro-
priate, and said courts are hereb}' granted jurisdiction to hear and 
determine such action. 
"(d) The Secretary may require any money or property in the M°ney °r P'OP-
• 
i: 
nj 
• 
J. i.1 
J.- 
J.^ 
m 
• 
i x- 
i • 
• 
erty to be held in 
possession of a fiduciary at the time the fiduciary relationship is trust. 
terminated, or which is recovered pursuant to this Act, to be delivered 
to him to be held in trust for the individual Indian concerned. 
"(e) ITnder such regulations as he shall provide, and with the 
consent of the individual Indian concerned, unless the Secretary 
determines such Indian to be incompetent by reason of minority or 
otherwise, in which case such consent shall not be required, the Secre-
tary may use, advance, expend, exchange, deposit, dispose of, invest 
and reinvest, in any manner and for any purpose, any money or other 
property held by the United States in trust for such Indian. The 
Secretary shall make no determination that an adult Indian is in- 
incompetency. 
competent except after according him an opportunity to be heard upon 
reasonable notice, in accordance with the provisions of the Adminis-
trative Procedure Act, Unless the Indian otherwise agrees, the hearing 
^ use ssi et 
shall be held in the State of California within sixty days of the date ^^'^' 
of notice. A jjerson aggrieved by a determination of incompetency ^iew*^^''^^^ '^~ 
made by the Secretary shall be entitled to judicial review of such 
determination in accordance with sections 701-706 of title 5, United 
States Code. 
^ 
so stat. 392. 
"(f) Nothing herein shall be deemed to limit any authority possessed 
by the Secretary under any other provisions of law." 
Approved October 17, 1968.