[House Report 108-715]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-715
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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
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September 30, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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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.
* * * * * * *