[House Report 108-715]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-715
======================================================================

 
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

                                _______
                                

 September 30, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3982]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3982 is 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.

                  Background and Need for Legislation

    H.R. 3982 authorizes the sale of three acres of tribal 
trust land owned by the Paiute Indian Tribe of Utah to a local 
municipal airport, and authorizes the transfer of additional 
Paiute Indian trust land to two of the tribe's constituent 
bands.
    The Paiute Indian Tribe of Utah was restored through 
legislation in 1980. The Tribe has five constituent bands: the 
Shivwits, Kanosh, Koosharem, Indian Peaks, and Cedar City 
Bands. All five bands reside in southwestern and central Utah.
    Under a tribal resolution passed in 2001, the Paiute Tribe 
has requested the sale of three acres of its tribal trust land 
to the City of Richfield, Utah, for expansion of the City's 
municipal airport. Land held in trust by the United States for 
the benefit of Indians cannot be alienated. H.R. 3982 
authorizes the Secretary to take such land out of trust, when 
requested by the tribe, to enable the
sale. Under the legislation, the land must be sold for not less 
than its appraised fair market value; if the sale is not 
effected, the land will be placed back in trust for benefit of 
the Paiute Tribe.
    The Tribe further wishes to transfer three other parcels of 
its trust land, each totaling one acre or less in size, to the 
Shivwits and Kanosh Bands. According to the Tribe, two of the 
parcels have been used exclusively by the Kanosh Band for over 
twenty years. The third parcel would be used by the Shivwits 
Band for a community center.
    H.R. 3982 authorizes the Secretary to place these parcels 
of property into trust for the two bands upon a request, by 
tribal resolution, by the Paiute Tribe.
    Finally, H.R. 3982 changes the name of the Cedar City Band 
to the ``Cedar Band.''

                            Committee Action

    H.R. 3982 was introduced on March 17, 2004, by Congressman 
Chris Cannon (R-UT). The bill was referred to the Committee on 
Resources. On September 15, 2004, the Full Resources Committee 
met to consider the bill. No amendments were offered and the 
bill was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3982--A bill 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

    CBO estimates that implementing H.R. 3982 would have no 
significant impact on the federal budget. Enacting H.R. 3982 
would not affect revenues or directing spending. H.R. 3982 
would direct the Secretary of the Interior to convey three 
acres of land held in trust for the Paiute Indian Tribe of Utah 
to Richfield, Utah, for use by a local municipal airport. 
Because the bill would require the city to pay all costs 
related to the conveyance, there would be no federal 
administrative costs for the transfer.
    H.R. 3982 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The land conveyances authorized by this bill would be voluntary 
on the part of the Paiute Tribe and the city of Richfield. Any 
costs they might incur to comply with the conditions of the 
conveyance would be incurred voluntarily.
    The CBO staff contact for this estimate is Mike Waters. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

PAIUTE INDIAN TRIBE OF UTAH RESTORATION ACT

           *       *       *       *       *       *       *


  Sec. 2. For the purposes of this Act--
          (1) the term ``tribe'' means the Cedar [City], 
        Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of 
        Paiute Indians of Utah;

           *       *       *       *       *       *       *

  Sec. 3. (a) The Federal trust relationship is restored to the 
Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of Paiute 
Indians of Utah and restored or confirmed with respect to the 
Cedar [City] Band of Paiute of Indians of Utah. The provisions 
of the Act of June 18, 1934 (48 Stat. 984) as amended, except 
as inconsistent with specific provisions of this Act, are made 
applicable to the tribe and the members of the tribe. The tribe 
and the members of the tribe shall be eligible for all Federal 
services and benefits furnished to federally recognized Indian 
tribes. Notwithstanding any provision to the contrary in any 
law establishing such services or benefits, eligibility of the 
tribe and its members for such Federal services and benefits 
shall become effective upon enactment of this Act without 
regard to the existence of a reservation for the tribe or the 
residence of members of the tribe on a reservation. For the 
purpose of providing for Federal services and benefits, the 
service area shall be Iron, Millard, Sevier, and Washington 
Counties, Utah, except that should lands in any other county be 
added to the reservation pursuant to section 7(c), the service 
area shall also include the area on or near the additions to 
the reservation.

           *       *       *       *       *       *       *

  Sec. 4. (a) * * *
  (b)(1) Until after the initial election of tribal officers 
under the tribal constitution and bylaws, a person shall be a 
member of the tribe and his name shall be placed on the 
membership roll if he is living and if--
          (A) * * *

           *       *       *       *       *       *       *

          (D) his name is listed on the roll established 
        pursuant to the Act of October 17, 1968 (82 Stat. 
        1147), for the disposition of judgment funds, as a 
        member of the Cedar [City] Band of Paiute Indians;
          (E) he was entitled on October 17, 1968, to be on the 
        judgment distribution roll as a member of the Cedar 
        [City] Band as specified in subparagraph (D) but his 
        name was not listed on that roll; or

           *       *       *       *       *       *       *

  Sec. 7. (a) * * *

           *       *       *       *       *       *       *

  (c) 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) and shall within two years after the date of enactment of 
this Act, 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 6, 
the Secretary shall submit such plan, in the form of proposed 
legislation, to the Congress.

           *       *       *       *       *       *       *


                                  
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