(c) "Allottee" means a member of the Band living on September 21, 1959, who has received an allotment on the Agua Caliente (Palm Springs) Reservation, California, or receives an allotment under section 2 of the Act of September 21, 1959 (73 Stat. 602).

(d) "Participating allottee” means an allottee as defined herein who has received an allotment with a value that is less than the equalization figure deemed feasible by the Secretary in accordance with this regulation.

§ 124.2 Purpose and scope.

(a) The purpose of this regulation is to establish the procedure to be followed to equalize as nearly as possible the values of allotments of land on the Agua Caliente (Palm Springs) Reservation in California, in accordance with the provisions of the Act of Sep

tember 21, 1959 (73 Stat. 602). Compliance with these procedures shall be deemed complete and full equalization of allotments on the Agua Caliente Reservation. This regulation supersedes all prior instructions regarding the equalization of allotments.

(b) Individuals who received allotments but who were not living on September 21, 1959, shall be excluded from equalization.

(c) The values to be used as a basis for equalization shall be the values of the allotments as set out in contract appraisals made for the Bureau of Indian Affairs in 1957 and 1958, excluding the value of any improvements thereon; but if lands have been sold under supervision of the Bureau of Indian Affairs by an allottee, the value used as a basis for equalization will be the amount received in such sale, excluding the value assigned to any improvements thereon, and where lands have been fee patented and sold by an allottee, the value used as a basis for equalization will be the appraised value of the land, excluding improvements, at the time it was sold, regardless of the amount received in the sale.

(d) The value of tribal lands available for equalization will also be determined on the basis of the appraisals made by independent contract appraisers. On the basis of such values, the Secretary shall calculate the highest possible level of equalization that is feasible for the allottees by allotting all of the tribal land, except the tribal reserves described herein, without regard to the acreage limitation imposed by statute prior to September 21, 1959.

§ 124.3 Tribal reserves.

The following tribal lands shall not be subject to allotment but shall be designated as tribal reserves for the benefit and use of the Band:

Cemetery No.1-W2, NE, NW, SE (Block 235), sec. 14, T. 4 S., R. 4 E., San Bernardino meridian, California.

Cemetery No. 2-A two-acre tract, that includes the area designated in Secretarial Order of November 5, 1958, the description of which will be determined after consultation with the Band.

Roman Catholic Church-Lot 29, sec. 14, T. 4 S., R. 4 E., San Bernardino meridian California, containing 2 acres, more or less.

Mineral Springs-Lots 3a, 4a, 13 and 14, sec. 14, T. 4 S., R. 4 E., San Bernardino meridian, California.

San Andreas Canyon-W1⁄2, SE, SE1⁄4, SE1⁄44, sec. 3, T. 5 S., R. 4 E., San Bernardino meridian, California.

Palm Canyon-S1⁄2 and S1⁄2, N1⁄2, sec. 14, T. 5 S., R. 4 E.; all of sec. 24, T. 5 S., R. 4 E., San Bernardino meridian, California.

Tahquitz Canyon-SW1⁄4, sec. 22 T. 4 S., R. 4 E.; N2, sec. 28, T. 4 S., R. 4 E., San Bernardino meridian, California.

Murray Canyon-E1⁄2, sec. 10, T. 5 S., R. 4 E., San Bernardino meridian, California.

§ 124.4 Airport lands.

The unallotted portions of sec. 18, T. 4 S., R. 5 E., San Bernardino meridian, and sec. 12, T. 4 S., R. 4 E., San Bernardino meridian, which are in the municipal airport of the City of Palm Springs shall be subject to selection for equalization purposes with the following qualifications: If a sale of such lands to the City of Palm Springs is consummated pursuant to section 3(d) of the Act of September 21, 1959 (73 Stat. 602), any participating allottee who makes an equalization selection from the lands sold to the City shall receive in lieu thereof such share of the proceeds of the sale as his equalization units in the airport lands bear to the total equalization units of the airport lands, as established in accordance with § 124.6.

§ 124.5 Protection of incompetents and minors.

The Secretary shall cause the appointment of a guardian or conservator of the estate of all minor allottees and for those adult allottees who, in his judgment, are in need of assistance in handling their affairs, in accordance with applicable State laws before making any equalization allotments to them.

§ 124.6 Designation of lands for selection

purposes.

The Secretary shall prepare maps of all tribal lands, except those reserved areas enumerated above, showing thereon a division of such lands into parcels of sizes consistent with the requirements of the participating allot

tees, giving all possible regard to maintaining such plottage factors as will preserve to the highest degree the values inherent in the lands thus being designated. All parcels shall conform, as nearly as possible, to aliquot parts of legal subdivisions of the public land surveys. The maps will show unit values for each designated parcel, one unit for each $5,000 of value. Values may be rounded off to the nearest one-half unit.

§ 124.7 Order and method of selection.

(a) The Secretary shall prepare a list of allottees entitled to participate in equalization. Number 1 on the list shall be the participating allottee having the lowest valued allotment. Number 2 shall be the participating allottee having next to the lowest valued allotment, and so forth, in ascending order of values. Participating allottees shall make their selections in the order in which they appear on the list. Participating allottees (or the guardians of such minor allottees and adults for whom guardians or conservators have been appointed under appropriate State law) shall be informed in writing by certified mail of the time set for making the selections and the number of equalization units to which they are entitled. The notice shall be received at least ten (10) days in advance of the time set for the participating allottee's appearance at the Bureau of Indian Affairs Office in Palm Springs, California. Each participating allottee shall be allowed from 12 o'clock noon of the day of his scheduled appearance to 12 o'clock noon the following day within which to make his equalization selection.

(b) A participating allottee shall select such parcel or parcels as will satisfy his equalization entitlement. A participating allottee may, in the discretion of the Secretary, select a portion of a designated parcel if it is necessary in order for him to obtain his full entitlement. A selection must be made by the individual participating allottee or by a representative authorized by appropriate power of attorney in writing to act for him, except that in the case of minors and adults for whom guardians or conservators have

been appointed under appropriate State laws, the selection must be made by such guardian or conservator who will be required to exhibit their authorization and to establish their identity.

(c) If a participating allottee fails to complete his selection at the time set, he shall lose his turn in the selection process. Such an individual may appear at the Bureau of Indian Affairs Office on any following day, until ten (10) days after the date set for the final equalization selection, and file his selection. If such individual appears on a day assigned to another participating allottee, the scheduled participating allottee's selection will have priority. If a participating allottee has not made his selection within ten (10) days after the time set for the final selection, the Secretary shall make a selection for him. The period of time allowed for making selections are maximum periods. The Secretary and the participating allottees concerned may by mutual consent proceed in the established order with the selection of lands without awaiting the time set for the selection.

(d) If a participating allottee dies subsequent to September 21, 1959, the selection of his equalization allotment shall be made by the heirs, or in the case of unprobated estates, by the presumptive heirs of the estate. If they cannot agree within the time allowed by this regulation, the selection shall be made by the Secretary.

a

(e) Selections shall be made on forms approved by the Secretary. The selection of an allotment pursuant to this regulation shall not create vested right in the land until all selections authorized by this regulation have been made, included in one schedule and approved by the Secretary, and the selection form will so provide.

§ 124.8 Schedule of allotments.

Upon completion of the allotment selections, a certified allotment schedule in two parts, designated A and B, containing the names, legal descriptions of the selections and their allotment numbers, and other pertinent information, shall be prepared and sub

mitted for approval to the Secretary. Part A of the schedule shall contain all selections except those situated within the Palm Springs municipal airport in sec. 18, T. 4 S., R. 5 E., and sec. 12, T. 4 S., R. 4 E., San Bernardino meridian, California. Part B of the schedule shall contain the selections made within the Palm Springs municipal airport. Upon approval of the schedule, trust patents shall be issued for the allotment selections described in Part A thereof. As to the selections in Part B of the schedule, if the sale to the City of Palm Springs is consummated, the proceeds shall be divided as provided in § 124.4; if the sale is not consummated, trust patents shall be issued for such allotment selections.

§ 124.9 Disposition of income from Parcel B, Spa Lease.

Any net rents, profits, and other revenues derived from that portion of the Mineral Springs tribal reserve as provided for in § 124.3, 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, or the net income derived from the investment of such net rents, profits, and other revenues from the sale of said lands or assets purchased from the net rents, profits, and other revenues aforesaid or the net income from the investment thereof, shall be deposited in the Treasury of the United States to the credit of the Agua Caliente Band. Such fund may be used for such purposes as may be designated by the governing body of the Band and approved by the Secretary, except that such fund may be distributed only to those enrolled members who are entitled to an equalization allotment or to a cash payment in satisfaction thereof under the Act of September 21, 1959 (73 Stat. 602), or in the case of such a member who dies after that date, to those entitled to participate in his estate. Such distribution shall be per capita to living enrolled members and per stirpes to participants in the estate of a deceased member.

[26 FR 3150, Apr. 13, 1961]

PART 125-REALLOTMENT OF LANDS TO UNALLOTTED INDIAN CHILDREN

Sec.

125.1 Relinquishment' of original patent. 125.2 Relinquishment when original patent has been lost or destroyed.

CROSS REFERENCES: For Bureau of Land Management regulations pertaining to allotments to Indians and Eskimos, see 43 CFR Parts 2530 and 2560. For Bureau of Land Management regulations pertaining to restored and ceded Indian lands, see 43 CFR Part 2510.

§ 125.1 Relinquishment of original patent. To effect a reallotment under section 3 of the Act of June 25, 1910 (36 Stat. 856; 25 U.S.C. 408), the Indian owner shall endorse on the original patent a relinquishment of all lands described therein and explain the purpose of the relinquishment. The relinquishment shall name the child or children to be reallotted and follow with descriptions by legal subdivisions of the land. If a part of the allotment is being retained by the Indian owner, the relinquishment and application for reallotment may describe only the tract to be reallotted. The relinquishment must be signed by the original allottee or owner of the land involved and be acknowledged before a superintendent of an Indian agency or an officer authorized to administer oaths. The signatures of those who cannot write must be by thumb mark and be witnessed.

(Sec. 3, 36 Stat. 856; 25 U.S.C. 408) [22 FR 10564, Dec. 24, 1957]

§ 125.2 Relinquishment when original patent has been lost or destroyed. When the original patent has been lost or destroyed, the relinquishment and application for reallotment may be submitted in the form of a letter, which must be accompanied by an affidavit showing the loss or destruction of the original patent. If no patent has been issued, that fact should be set out in the letter.

'The reallotment provisions herein dealt with are not applicable on reservations subject to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984, as amended; 25 U.S.C. 461-479).

(Sec. 3, 36 Stat. 856; 25 U.S.C. 408) [22 FR 10564, Dec. 24, 1957]

PART 126-ALLOTMENT OF LANDS ON THE CABAZON, AND AUGUSTINE INDIAN RESERVATIONS, RIVERSIDE COUNTY, CALIFORNIA

Sec.

126.1 Purpose.

126.2 Scope.

126.3 Size of allotments.

126.4 Description of allotments. 126.5 Method of selection.

126.6 Notice of allotment.

126.7 Priority of filing allotment selections on improved lands.

126.8 Priority of selecting remaining lands available for allotment.

126.9 Disposition of improvements. 126.10

Submittal of allotment schedule. 126.11 Special instructions.

AUTHORITY: Sec. 10, 64 Stat. 472.

SOURCE: 22 FR 10564, Dec. 24, 1957, unless otherwise noted.

§ 126.1 Purpose.

These procedures and requirements will govern the preparation of allotment schedules containing the names and allotment selections of the unallotted members, called members in this part, the Cabazon and Augustine Bands of Mission Indians of the Cabazon and Augustine Indian Reservations, respectively.

§ 126.2 Scope.

These procedures and requirements shall apply to those Indians whose names appear on the official enrollment records of the Cabazon or Augustine Bands of Mission Indians as of June 30, 1949, approved by the Secretary of the Interior, who have not heretofore received allotments.

§ 126.3 Size of allotments.

Each member shall be entitled to an allotment not to exceed 40 acres of land classed as irrigable or potentially irrigable by the Secretary of the Interior.

§ 126.4 Description of allotments.

Each allotment selection must be described as a legal subdivision of a section based upon public land surveys made by the Department of the Interi

or and wherever possible must consist of a contiguous tract of land.

§ 126.5 Method of selection.

The Area Director, Sacramento Area Office, or his representative, shall be available during the periods hereinafter specified at an office of the Bureau of Indian Affairs located in the proximity of the Cabazon and Augustine Reservations to assist the Indians in making allotment selections. A map of each reservation on which is shown the irrigable and potentially irrigable land, which may be allotted, is available in such office during regular business hours for use in making the allotment selections. Each eligible member shall select for his allotment land shown on the map. Priority of selection shall be by families in the order of their appearance at the designated office. If two or more applicants appear at the designated office simultaneously, the order of their priority shall be determined by drawing lots. Selections for minors shall be made by one of the parents, or by a legally appointed guardian. Eligible adult members who have been adjudged non compos mentis may have selections made for them by a legally appointed guardian. Members who are not able to appear personally and sign the required forms for their selection may in writing appoint a representative to make the allotment selection, provided the appointment is duly acknowledged before a notary public or other officer authorized to take acknowledgments. Failure of any eligible Indian to make an allotment selection within the period of 60 days from the date of "Notice of Allotment", as prescribed in § 126.6, shall constitute authority for the Area Director to make a selection for such member. Appropriate forms for making selections shall be furnished by the Area Director.

§ 126.6 Notice of allotment.

The Area Director shall mail a copy of the regulations in this part, together with a letter entitled "Notice of Allotment" bearing the date of the day it is posted, by registered mail to each member eligible for an allotment to the member's last known address. The

letter shall inform each eligible member of the place where and the period of time when allotment selections will be accepted. In addition copies of the regulations in this part, together with copies of the Area Director's letter, shall be posted at several conspicuous places on and in the vicinity of the respective reservations.

§ 126.7 Priority of filing allotment selections on improved lands.

The land classified as "improved" will be so designated on the map used for allotting purposes. A priority in selecting this class of land for allotment is given to the members who own the improvements on the lands, provided such improvements were placed thereon prior to July 1, 1954. The owner of the improvements on the land shall file on such land for allotment selection within 15 days from the date of the "Notice of Allotment.”

§ 126.8 Priority of selecting remaining lands available for allotment.

Upon the expiration of the 15-day period prescribed in § 126.7 all members, except those who filed allotment selections under § 126.7, shall file their selections on the remaining improved and unimproved irrigable or potentially irrigable land available for allotment. Filings thus made will be honored in the order of their receipt at the allotting office. A period of 45 days will be allowed for the filing of these selections. Upon the expiration of this 45-day period, selections shall be made by the Area Director, as prescribed in § 126.5, for those members who have not filed their allotment selections.

§ 126.9 Disposition of improvements.

Any member owning improvements on land selected properly by another member may remove, or otherwise dispose of the improvements, within a 60day period from date of notification by the Area Director to such member, so to dispose of such improvements. If in any case the whereabouts of the owner of the improvements is not known, an additional reasonable period of time may be allowed by the Area Director in which the owner, or