§ 766. — Tribal reservation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC766]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXXII-A--PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
SUPERVISION
Sec. 766. Tribal reservation
(a) Transfer of real property to Secretary; existing rights applicable
and status of property subsequent to transfer; taxation
The Secretary, within one year following April 3, 1980, shall accept
the real property of members of the tribe or bands if conveyed or
otherwise transferred to him, and real property held for the benefit of
members of the tribe or bands if conveyed or otherwise transferred to
him by the owner or owners of such land held for the benefit of the
bands. Such property shall be subject to all valid existing rights
including, but not limited to, liens, outstanding taxes (local and
State), and mortgages. The land transferred to the Secretary pursuant to
this subsection shall be subject to foreclosure or sale pursuant to the
terms of any valid existing obligation in accordance with the laws of
the State of Utah. Subject to the conditions imposed by this subsection,
the land transferred shall be taken in the name of the United States in
trust for the tribe or bands to be held as Indian lands are held, and
shall be part of their reservation. The transfer of real property
authorized by this section shall be exempt from all local, State, and
Federal taxation. All real property transferred under this section
shall, as of the date of transfer, be exempt from all local, State, and
Federal taxation.
(b) Exercise of civil and criminal jurisdiction by Utah
The State of Utah shall exercise civil and criminal jurisdiction
with respect to the reservation and persons on the reservation as if it
had assumed jurisdiction pursuant to the Act of August 15, 1953 (67
Stat. 588), as amended by the Act of April 11, 1968 (82 Stat. 79), and
pursuant to sections 63-36-9 through 63-36-21 of the Utah State Code.
(c) Plan for enlargement of reservation; negotiation; development; scope
and approval
Inasmuch as the Kanosh, Koosharem and Indian Peaks Bands of Paiute
Indians lost land which had been their former reservations and the Cedar
City Band of Paiute Indians had never had a reservation, the Secretary
shall negotiate with the tribe or bands, or with representatives of the
tribe chosen by the tribe or bands, concerning the enlargement of the
reservation for the tribe established pursuant to subsection (a) of this
section and shall within two years after April 3, 1980, develop a plan
for the enlargement of the reservation for the tribe. The plan shall
include acquisition of not to exceed a total of fifteen thousand acres
of land to be selected from available public, State, or private lands
within Beaver, Iron, Millard, Sevier, or Washington Counties, Utah. Upon
approval of such plan by the tribal officials elected under the tribal
constitution and bylaws adopted pursuant to section 765 of this title,
the Secretary shall submit such plan, in the form of proposed
legislation, to the Congress.
(d) Notification and consultative requirements for enlargement plan
To assure that legitimate State and local interests are not
prejudiced by the enlargement of the reservation for the tribe, the
Secretary, in developing the plan under subsection (c) of this section
for the enlargement of the reservation for the tribe, shall notify and
consult with all appropriate officials of the State of Utah, all
appropriate local government officials in the affected five county area
in the State of Utah and any other interested parties. Such consultation
shall include the following subjects:
(1) the size and location of the additions to the reservation;
(2) the effect the enlargement of the reservation would have on
State and local tax revenues;
(3) the criminal and civil jurisdiction of the State of Utah
with respect to the reservation and persons on the reservation;
(4) hunting, fishing, and trapping rights of the tribe, and
members of the tribe, on the reservation;
(5) the provision of State and local services to the reservation
and to the tribe and members of the tribe on the reservation; and
(6) the provision of Federal services to the reservation and to
the tribe and members of the tribe and the provision of services by
the tribe to members of the tribe.
(e) Contents of enlargement plan
Any plan developed under this section for the enlargement of the
reservation for the tribe shall provide that--
(1) the enlargement of the reservation will not grant or restore
to the tribe or any member of the tribe any hunting, fishing, or
trapping right of any nature, including any indirect or procedural
right or advantage, on such addition to the reservation;
(2) the Secretary shall not accept any real property in trust
for the benefit of the tribe or bands unless such real property is
located either within Beaver, Iron, Millard, Sevier, or Washington
Counties, State of Utah;
(3) the transfer of any real property to the Secretary in trust
for the benefit of the tribe or bands as an addition to the
reservation shall be exempt from all Federal, State, and local
taxation, and all such real property shall, as of the date of such
transfer, be exempt from Federal, State, and local taxation; and
(4) the State of Utah shall exercise civil and criminal
jurisdiction with respect to the addition to the reservation and
persons on such lands as if it had assumed jurisdiction pursuant to
the Act of August 15, 1953 (67 Stat. 588), as amended by the Act of
April 11, 1968 (82 Stat. 79), and pursuant to sections 63-36-9
through 63-36-21 of the Utah State Code.
(f) Statement appended to enlargement plan respecting implementation of
notification and consultative requirements
The Secretary shall append to the plan a detailed statement
describing the manner in which the notification and consultation
prescribed by subsection (d) of this section was carried out and shall
include any written comments with respect to the enlargement of the
reservation for the tribe submitted to the Secretary by State and local
officials and other interested parties in the course of such
consultation.
(Pub. L. 96-227, Sec. 7, Apr. 3, 1980, 94 Stat. 320.)
References in Text
Act of August 15, 1953 (67 Stat. 588), as amended by the Act of
April 11, 1968 (82 Stat. 79), referred to in subsecs. (b) and (e)(4),
probably means section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 590,
which was set out as a note under section 1360 of Title 28, Judiciary
and Judicial Procedure, and was repealed by Pub. L. 90-284, title IV,
Sec. 403(b), Apr. 11, 1968, 82 Stat. 79. For complete classification of
this Act to the Code, see Tables.
Reservation of Paiute Indian Tribe of Utah
Pub. L. 98-219, Feb. 17, 1984, 98 Stat. 11, provided that:
``Section 1. (a) Subject to subsection (d), all right, title, and
interest of the United States in the lands described in subsection (b)
(including all improvements thereon and appurtenances thereto) are
declared to be held in trust by the United States for the benefit of the
respective bands of the Paiute Indian Tribe of Utah, as provided in
subsection (b), and are declared to be part of the reservation of the
Paiute Indian Tribe of Utah.
``(b) The lands subject to this section are parcels 1 through 5 of
the lands depicted on the maps contained in the draft document entitled
`Proposed Paiute Indian Tribe of Utah Reservation Plan', dated January
24, 1982, and published by the United States Department of the Interior,
Bureau of Indian Affairs. Upon enactment of this Act [Feb. 17, 1984],
the Secretary shall publish in the Federal Register the legal
description of the lands so depicted. The Secretary is authorized to
correct any technical errors in the descriptions of the subject lands.
Such lands shall be held as follows:
``(1) To be held in trust for the Kanosh Band of the Paiute
Tribe of Utah: Parcel numbered 2, figure 5, page 95, containing
approximately five hundred and sixty acres; parcel numbered 3,
figure 6, page 99, containing approximately five hundred and two
acres.
``(2) To be held in trust for the Koosharem Band of the Paiute
Tribe of Utah: Parcel numbered 4, figure 7, page 105, containing
approximately five hundred and twenty acres; parcel numbered 5,
figure 8, page 111, containing approximately seven hundred and
fifteen acres.
``(3) To be held in trust for the Cedar City Band of the Paiute
Tribe of Utah: That portion of parcel numbered 1, figure 4, page 85,
containing approximately two thousand forty-four acres.
``(4) To be held in trust for the Indian Peaks Band of the
Paiute Indian Tribe of Utah: That portion of parcel numbered 1,
figure 4, page 85, containing approximately four hundred and twenty-
four acres.
``(c) Nothing in this section shall deprive any person of any
existing legal right-of-way, mining claim, grazing permit, water right,
or other right or interest which such person may have in the lands
described in subsection (b).
``(d) Pursuant to the Act of June 14, 1934 (48 Stat. 985) [probably
means section 5 of act June 18, 1934, 25 U.S.C. 465], the Secretary
shall acquire, to the extent available, easements to and water rights
for the lands described in subsection (b) as necessary for their use.
``(e) The Secretary shall consult with the town council of Joseph,
Utah, and other appropriate local governmental entities prior to
permitting the introduction of any point source of contamination
pursuant to any proposed development on parcel numbered 4 as described
in subsection (b)(2). The Secretary shall require a minimum of one
thousand five hundred feet distance be maintained from the town well of
the town of Joseph and any such point source of contamination and may,
if he determines it is necessary to prevent contamination of said well,
require the installation of an appropriate waste water disposal system
as part of any proposed development on parcel 4.
``(f) Upon the effective date of this Act [Feb. 17, 1984], all valid
leases, permits, rights-of-way, or other land use rights or
authorizations, except mining claims, existing on the date of enactment
of this Act [Feb. 17, 1984] in the lands described in subsection (b),
including the right to receive compensation for use of the lands, shall
cease to be the responsibility of, or enure to the benefit of, the
United States, and shall become the responsibility of the Paiute Indian
Tribe which shall succeed to the interests of the United States and
shall continue to maintain them under the same terms and conditions as
they were maintained by the United States.
``(g) All improvements on the lands described in subsection (b) in
existence on the effective date of the Act [Feb. 17, 1984], under the
authority of the land use rights or authorizations described in
subsection (c), shall remain in the same status as to ownership and
right of use as existed prior to the date of enactment of this Act [Feb.
17, 1984].
``(h) Nothing in this Act shall be construed as terminating any
valid mining claim existing on the date of enactment of this Act [Feb.
17, 1984] on the lands described in subsection (b).
``(i) The mining claims described in subsection (c) shall carry all
the rights incident to mining claims, including the rights of ingress
and egress over the land described in subsection (b). Such mining claims
shall carry the right to occupy and use so much of the surface of the
land within their boundaries as is required for all purposes reasonably
necessary to mine and remove the minerals, including the removal of
timber for mining purposes. Such mining claims shall terminate when they
are determined invalid under subsection (j) or are abandoned.
``(j) As soon as possible after enactment of this Act, the Secretary
of the Interior shall determine the validity of the mining claims
described in subsection (h) as of the date of enactment of this Act
[Feb. 17, 1984]. Those mining claims which the Secretary determines to
be valid shall be maintained thereafter in compliance with the mining
laws of the United States but the holders of such claims shall not be
entitled to a patent.
``(k) Nothing in this Act shall prevent the Paiute Indian Tribe from
negotiating the accommodation of land use rights or authorizations
described in this section through any method acceptable to the parties.
``Sec. 2. The lands which are declared to be held in trust for the
benefit of the tribe or bands under this Act shall be subject to the
laws of the United States relating to Indian land to the same extent and
in the same manner as the lands comprising the reservation of the tribe
or bands on the day before the date of the enactment of this Act [Feb.
17, 1984].
``Sec. 3. (a) The Secretary of Agriculture shall not deny the tribe
or any member of the tribe the right to use and occupy, on a
nonexclusive basis, the national forest land described in subsection (b)
for religious and ceremonial purposes for such periods of time and under
such reasonable terms and conditions as the Secretary may prescribe:
Provided, That the Secretary shall permit the tribe to use and occupy,
on an exclusive basis, so much of the national forest land in subsection
(b) abutting Fish Lake as is necessary for such religious and ceremonial
purposes during and including the second and third weeks of June and the
first and second weeks of September of each year, under such reasonable
terms and conditions as the Secretary may prescribe.
``(b) The land referred to in subsection (a) is the parcel of land
depicted on the map contained in the document entitled `Proposed Paiute
Indian Tribe of Utah Reservation Plan', dated January 24, 1982, and
published by the United States Department of the Interior, Bureau of
Indian Affairs, as follows: Parcel numbered 6: Fish Lake; figure 9, page
117.
``Sec. 4. (a) There is hereby established in the Treasury of the
United States a fund to be known as the Paiute Indian Tribe of Utah
Economic Development and Tribal Government Fund. This Fund shall be held
in trust for the benefit of the tribe and administered in accordance
with this Act.
``(b)(1) One-half of the principal of the Fund shall be designated
as the Economic Development Fund and the remaining one-half as the
Tribal Government Fund. Each portion of the Fund shall be administered
by the Secretary in accordance with reasonable terms established by the
tribe and agreed to by the Secretary. The Secretary shall not agree to
terms which provide for the investment of the Fund in a manner not in
accordance with section 1 of the Act of June 24, 1938 (52 Stat. 1037)
[25 U.S.C. 162a], unless the tribe first submits a specific waiver of
liability on the part of the United States for any loss which may result
from such an investment. Until such terms have been agreed upon, the
Secretary shall fix the terms for the administration of any portion of
the Fund as to which there is no agreement.
``(2) Under no circumstances shall any part of the principal of the
Fund be distributed to the tribe, or to any member of the tribe, nor
shall income accruing to the Fund be used for per capita payments to any
member of the tribe.
``(3) The Secretary shall make available to the tribe in quarterly
payments, without any deductions, any income received from the
investment of each fund. The use of the income from the Tribal
Government Fund shall be free of regulation by the Secretary. The use of
the income from the Economic Development Fund shall be consistent with
an economic development plan developed by the tribe and approved by the
Secretary. The Secretary shall approve such plan within sixty days of
its submission if he finds that it is reasonably related to the economic
development of the tribe. If the Secretary does not approve such plan,
he shall, at the time of his decision, set forth in writing the reasons
for his disapproval. With the approval of the Secretary, the tribe may
alter the economic development plan subject to the conditions set forth
in this section.
``(c) There is authorized to be appropriated in fiscal year 1985 the
sum of $2,500,000, which shall be deposited in the Fund. Not more than 5
per centum of any amount appropriated to the Fund under this section may
be obligated or spent by the tribe under any contract or agreement
relating to the employment of legal counsel.
``(d) The transfer of the approximately four thousand seven hundred
and seventy acres of land and the appropriation of the $2,500,000
authorized by this Act shall be in complete fulfillment of the
provisions of Public Law 96-227 [this subchapter] relating to the
enlargement of the tribe's reservation.
``Sec. 5. For purposes of this Act--
``(1) the term `tribe' means the Cedar City, Shivwits, Kanosh,
Koosharem, and Indian Peaks Bands of Paiute Indians of Utah; and
``(2) except where otherwise specified, the term `Secretary'
means the Secretary of the Interior.''
Section Referred to in Other Sections
This section is referred to in section 762 of this title.
