Page 307 TITLE 25—INDIANS § 762

under the constitution and bylaws of the tribe

are terminated. Any powers conferred upon the

tribe by such constitution which are inconsistent with the provisions of this subchapter are

terminated. Such termination shall not affect

the power of the tribe to take any action under

its constitution and bylaws that is consistent

with this subchapter without the participation

of the Secretary or other officer of the United

States.

(Sept. 1, 1954, ch. 1207, §18, 68 Stat. 1104.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§461 et seq.) of this

chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 461 of

this title and Tables.

§ 759. Rules and regulations; tribal referenda

The Secretary is authorized to issue rules and

regulations necessary to effectuate the purposes

of this subchapter, and may in his discretion

provide for tribal referenda on matters pertaining to management or disposition of tribal assets.

(Sept. 1, 1954, ch. 1207, §19, 68 Stat. 1104.)

§ 760. Education and training program; purposes;

subjects; transportation; subsistence; contracts; other education programs

Prior to the issuance of a proclamation in accordance with the provisions of section 757 of

this title, the Secretary is authorized to undertake, within the limits of available appropriations, a special program of education and training designed to help the members of the tribe to

earn a livelihood, to conduct their own affairs,

and to assume their responsibilities as citizens

without special services because of their status

as Indians. Such program may include language

training, orientation in non-Indian community

customs and living standards, vocational training and related subjects, transportation to the

place of training or instruction, and subsistence

during the course of training or instruction. For

the purposes of such program the Secretary is

authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, corporation, association, or person. Nothing in this section shall preclude any

Federal agency from undertaking any other program for the education and training of Indians

with funds appropriated to it.

(Sept. 1, 1954, ch. 1207, §23, 68 Stat. 1104.)

SUBCHAPTER XXXII–A—PAIUTE INDIANS

OF UTAH: RESTORATION OF FEDERAL

SUPERVISION

§ 761. Definitions

For the purposes of this subchapter—

(1) the term ‘‘tribe’’ means the Cedar City,

Shivwits, Kanosh, Koosharem, and Indian

Peaks Bands of Paiute Indians of Utah;

(2) the term ‘‘Secretary’’ means the Secretary of the Interior or his authorized representative;

(3) the term ‘‘Interim Council’’ means the

council elected pursuant to section 764 of this

title;

(4) the term ‘‘member’’, when used with respect to the tribe, means a person enrolled on

the membership roll of the tribe, as provided

in section 763 of this title; and

(5) the term ‘‘final membership roll’’ means

the final membership roll of the tribe published on April 15, 1955, on pages 2499 through

2503 of volume 20 of the Federal Register and

on April 14, 1956, on pages 2453 through 2456 of

volume 21 of the Federal Register.

(Pub. L. 96–227, §2, Apr. 3, 1980, 94 Stat. 317.)

SHORT TITLE

Section 1 of Pub. L. 96–227 provided: ‘‘That this act

[enacting this subchapter] may be cited as the ‘Paiute

Indian Tribe of Utah Restoration Act’.’’

§ 762. Federal restoration of supervision

(a) Trust relationship restored or confirmed;

statutory provisions applicable; eligibility for

Federal services and benefits

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 Indians of Utah. The provisions of the Act of June 18, 1934 (48 Stat. 984), as

amended [25 U.S.C. 461 et seq.], except as inconsistent with specific provisions of this subchapter, 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 April 3,

1980, 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 766(c) of

this title, the service area shall also include the

area on or near the additions to the reservation.

(b) Restoration of rights and privileges

Except as provided in subsection (c) of this

section, all rights and privileges of the tribe and

of members of the tribe under any Federal treaty, Executive order, agreement, or statute, or

under any other authority, which were diminished or lost under the Act of September 1, 1954

(68 Stat. 1099) [25 U.S.C. 741 et seq.], are hereby

restored, and such Act shall be inapplicable to

the tribe and to members of the tribe after April

3, 1980.

(c) Hunting, fishing, or trapping rights not restored

This subchapter shall not grant or restore any

hunting, fishing, or trapping right of any nature, including any indirect or procedural right

or advantage, to the tribe or any member of the

tribe.