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U.S. Code as of:
01/19/04
Section 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
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.
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 select who shall be approved jointly by
the band and the city before proceeding with such appraisal, the
costs for the appraisal to be shared by the band and the city;
thereafter the Secretary shall review the completed appraisal and
shall, if approved, then submit copies to both the band and the
city for their approval which shall be either accepted or rejected
in writing within thirty days; and if within three hundred and
sixty-five days after joint acceptance of such appraisal by the
band and the city, the city accepts the offer and tenders payment
in full, the Secretary shall complete the sale, and any allottees
who may have made or who may thereafter make an equalization
selection from the lands sold to the city shall receive in lieu of
the allotment selected his proportionate share of the proceeds of
the sale.
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