[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[House]
[Pages H7969-H7970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONVEYANCE OF CERTAIN LAND HELD IN TRUST FOR THE PAIUTE INDIAN TRIBE OF
UTAH TO THE CITY OF RICHFIELD, UT
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3982) to direct the Secretary of the Interior to convey
certain land held in trust for the Paiute Indian Tribe of Utah to the
City of Richfield, Utah, and for other purposes.
The Clerk read as follows:
H.R. 3982
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. LAND CONVEYANCE TO CITY.
(a) Authorization for Conveyance.--Not later than 90 days
after the Secretary receives a request from the Tribe and the
City to convey all right, title, and interest of the United
States and the Tribe in and to the Property to the City, the
Secretary shall take the Property out of trust status and
convey the Property to the City.
(b) Terms and Conditions.--The conveyance under subsection
(a) shall be subject to the following conditions:
(1) Tribal resolution.--Prior to conveying the Property
under subsection (a), the Secretary shall ensure that the
terms of the sale have been approved by a tribal resolution
of the Tribe.
(2) Consideration.--Consideration given by the City for the
Property shall be not less than the appraised fair market
value of the Property.
(3) No federal cost.--The City shall pay all costs related
to the conveyance authorized under this section.
(c) Proceeds of Sale.--The proceeds from the conveyance of
the Property under this section shall be given immediately to
the Tribe.
(d) Failure To Make Conveyance.--If after the Secretary
takes the Property out of trust status pursuant to subsection
(a) the City or the Tribe elect not to carry out the
conveyance under that subsection, the Secretary shall take
the Property back into trust for the benefit of the Tribe.
SEC. 2. TRIBAL RESERVATION.
Land acquired by the United States in trust for the Tribe
after February 17, 1984, shall be part of the Tribe's
reservation.
SEC. 3. TRUST LAND FOR SHIVWITS OR KANOSH BANDS.
If requested to do so by a tribal resolution of the Tribe,
the Secretary shall take land held in trust by the United
States for the benefit of the Tribe out of such trust status
and take that land into trust for the Shivwits or Kanosh
Bands of the Paiute Indian Tribe of Utah, as so requested by
the Tribe.
SEC. 4. CEDAR BAND OF PAIUTES TECHNICAL CORRECTION.
The Paiute Indian Tribe of Utah Restoration Act (25 U.S.C.
761) is amended by striking ``Cedar City'' each place it
appears and
[[Page H7970]]
inserting ``Cedar''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Cedar City Band of Paiute Indians'' shall be deemed to be a
reference to the ``Cedar Band of Paiute Indians''.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) City.--The term ``City'' means the City of Richfield,
Utah.
(2) Property.--The term ``Property'' means the parcel of
land held by the United States in trust for the Paiute Indian
Tribe of Utah located in Section 2, Township 24 South, Range
3 West, Salt Lake Base and Meridian, Sevier County, Utah and
more particularly described as follows: Beginning at a point
on the East line of the Highway which is West 0.50 chains,
more or less, and South 8 deg. 21 deg. West, 491.6 feet from
the Northeast Corner of the Southwest Quarter of Section 2,
Township 24 South, Range 3 West, Salt Lake Base and Meridian,
and running thence South 81 deg. 39 deg. East, perpendicular
to the highway, 528.0 feet; thence South 26 deg. 31 deg.
West, 354.6 feet; thence North 63 deg. 29 deg. West, 439.3
feet to said highway; thence North 8 deg. 21 deg. East, along
Easterly line of said highway 200.0 feet to the point of
beginning, containing 3.0 acres more or less.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribe.--The term ``Tribe'' means the Paiute Indian
Tribe of Utah.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. I ask unanimous consent that all Members may have 5
legislative days within which to revise and extend their remarks and
include extraneous material on H.R. 3982, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3982 is sponsored by the gentleman from Utah (Mr.
Cannon). The legislation authorizes the Secretary of the Interior to
take a 3-acre parcel of land owned by the Paiute Indian Tribe out of
trust so the tribe can sell it to the City of Richfield, Utah. The land
would be sold only on a willing-seller basis for fair market value and
would be used by the city to expand its municipal airport.
H.R. 3982 also authorizes the Secretary to transfer three parcels of
trust land to two of the Tribe's constituent bands. The parcels, each
of which is one acre or less, will remain in trust for the benefit of
the individual bands.
Finally, H.R. 3982 changes the name of the Cedar City Band of Paiute
Indians of Utah to the Cedar Band of Paiute Indians of Utah. The tribe
and all local entities support this bill, and I urge its adoption.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, as congressional action is required
for land and trusts to be sold, and the Paiute Indian Tribe has
contacted us for assistance, we are very supportive of authorizing the
Secretary to convey these lands for the tribe.
We support the tribe's sovereign decision to sell these lands and
wish them the best in further economic development. We urge our
colleagues to support H.R. 3982.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. GIBBONS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules
and pass the bill, H.R. 3982.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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