29–006

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

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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 ComVerDate jul 14 2003 00:42 Oct 02, 2004 Jkt 029008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR715.XXX HR715
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mittee 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 øCity¿, 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 øCity¿ 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 beneVerDate jul 14 2003 00:42 Oct 02, 2004 Jkt 029008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\HR715.XXX HR715
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fits 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 øCity¿ 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 øCity¿ 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 øCity¿ 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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