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.
PL 105-308 (H.R.700), enacted 10/30/1998

112 STAT. 2932 
PUBLIC LAW 105-308—OCT. 30, 1998 
Public Law 105-308 
105th Congress 
An Act 
Oct. 30, 1998 
To remove the restriction on the distribution of certain revenues from the Mineral 
[H R 700] 
Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
25 u s e 951 note. 
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 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 mem-
bers 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 allot-
ment 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 subpara-
graph (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 
PUBLIC LAW 105-308—OCT. 30, 1998 
112 STAT. 2933 
informed the regional solicitor of the Bureau of Indian Affairs 
that the equalization of allotments on the Agua Caliente Res-
ervation 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 pub-
lished 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 . ^ u a Caliente Reserva-
tion"; 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. 
25 USC 951 note. 
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. EQUALIZATION OF ALLOTMENTS. 
25 USC 951 note. 
(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 achieve-
ment 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 EquaHzation Act of 1959" (25 U.S.C. 953(b)) shall 
be deemed to have expired. 
112 STAT. 2934 
PUBLIC LAW 105-308—OCT. 30, 1998 
25 u s e 951 note. 
SEC. 4. REMOVAL OF RESTRICTION. 
(a) IN GENERAL.—^The fourth undesignated paragraph in section 
3(b) of the Act entitled "An Act to provide for the equahzation 
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. 
L E G I S L A T I V E H I S T O R Y — H . R . 700: 
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.