119 STAT. 2546 PUBLIC LAW 109–126—DEC. 7, 2005

Public Law 109–126

109th Congress

An Act

To direct the Secretary of 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.

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.

25 USC 766 note.

25 USC 766 note.

Deadline.

25 USC 766 note.

Dec. 7, 2005

[H.R. 680]

PUBLIC LAW 109–126—DEC. 7, 2005 119 STAT. 2547

LEGISLATIVE HISTORY—H.R. 680:

SENATE REPORTS: No. 109–175 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD, Vol. 151 (2005):

Mar. 14, considered and passed House.

Nov. 18, considered and passed Senate.

Æ

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 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° 21° 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° 39° East, perpendicular to the highway, 528.0 feet; thence South 26° 31° West,

354.6 feet; thence North 63° 29° West, 439.3 feet to said highway; thence North 8° 21° 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.

Approved December 7, 2005.

25 USC 766 note.

25 USC 761–763,

766 and note.