An act to restore to the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of Paiute Indians of Utah, and with respect to the Cedar City Band of Paiute Indians of Utah, to restore or confirm, the Federal trust relationship, to restore to members of such Bands those Federal services and benefits furnished to American Indian tribes by reason of such trust relationship, and for other purposes.
PL 96-227 (H.R.4996), enacted 04/03/1980

PUBLIC LAW 96-227—APR. 3, 1980 
94 STAT. 317 
Public Law 96-
96th Congress 
227 
An Act 
To restore to the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of Paiute 
Indians of Utah, and with respect to the Cedar City Band of Paiute Indians of 
Utah, to restore or confirm, the Federal trust relationship, to restore to members 
of such Bands those Federal services and benefits furnished to American Indian 
Tribes by reason of such trust relationship, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may be 
cited as the "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; 
(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 5; 
(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 4 of this Act; and 
(5) the term "final membership roll" means the final member-
ship 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. 
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 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 con-
trary 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. 
(b) Except as provided in subsection (c), 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), are hereby restored, and such Act shall be inapplicable to 
Apr. 3, 1980 
[H.R. 4996] 
Paiute Indian 
Tribe of Utah 
Restoration Act. 
25 u s e 761 note. 
Definitions. 
25 u s e 761. 
Federal trust 
relationship, 
restoration. 
25 u s e 762. 
25 u s e 461. 
Effective date. 
25 u s e 741. 
94 STAT. 318 
PUBLIC LAW 96-227—APR. 3, 1980 
Final tribal 
membership roll. 
25 use 763. 
Membership 
qualiAcations. 
Verification of 
descendancy, 
age, and blood. 
the tribe and to members of the tribe after the date of enactment of 
this Act. 
(c) This Act 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. 
(d) Except as specifically provided in this Act, nothing in this Act 
shall alter any property right or obligation, any contractual right or 
obligations, or any obligation for taxes already levied. 
SEC. 4. (a) The final membership roll is declared open. The Secre-
tary, the Interim Council, and tribal officials under the tribal 
constitution and bylaws shall take such measures as will insure the 
continuing accuracy of the membership roll. 
(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) his name is listed on the final membership roll; 
(B) he was entitled on September 1, 1954, to be on the final 
membership roll but his name was not listed on that roll; 
(C) he is a descendant of a person specified in subparagraph (A) 
or (B) and possesses at least one-fourth degree of blood of 
members of the tribe or their Paiute Indian ancestors; 
(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 
(F) he is a descendant of a person specified in subparagraph (D) 
or (E) and possesses at least one-fourth degree of blood of 
members of the tribe or their Paiute Indian ancestors. 
(2) After the initial election of tribal officials under the tribal 
constitution and bylaws, the provisions of the tribal constitution and 
bylaws shall govern membership in the tribe. 
(c)(1) Before election of the Interim Council, verification of 
descendancy, age, and blood shall be made upon oath before the 
Secretary and his determination thereon shall be final. 
(2) After election of the Interim Council and before the initial 
election of the tribal officials, verification of descendancy, age, and 
blood shall be made upon oath before the Interim Council, or its 
authorized representative. A member of the tribe, with respect to the 
inclusion of any name, and any person, with respect to the exclusion 
of his name, may appeal to the Secretary, who shall make a final 
determination of each such appeal within ninety days after an appeal 
has been filed with him. The determination of the Secretary with 
respect to an appeal under this paragraph shall be final. 
(3) After the initial election of tribal officials, the provisions of the 
tribal constitution and bylaws shall govern the verification of any 
requirements for membership in the tribe, and the Secretary and the 
Interim Council shall deliver their records and files, and other 
material relating to enrollment matters, to the tribal governing body. 
(d) For purposes of sections 5 and 6, a member who is eighteen years 
of age or older is entitled and eligible to be given notice of, attend, 
participate in, and vote at, general council meetings and to nominate 
candidates for, to run for any office in, and to vote in, elections of 
members to the Interim Council and to other tribal councils. 
PUBLIC LAW 96-227—APR. 3, 1980 
94 STAT. 319 
SEC. 5. (a) Within forty-five days after the date of the enactment of 
this Act, the Secretary shall announce the date of a general council 
meeting of the tribe to nominate candidates for election to the 
Interim Council. Such general council meeting shall be held within 
sixty days after the date of the enactment of this Act. Within forty-
five days after such general council meeting the Secretary shall hold 
an election by secret ballot, absentee balloting to be permitted, to 
elect six members of the tribe to the Interim Council from among the 
nominees submitted to him from such general council meeting. The 
Secretary shall assure that notice of the time, place, and purpose of 
such meeting and election shall be provided to members described in 
section 4(d) at least fifteen days before such general meeting and 
election. The ballot shall provide for write-in votes. The Secretary 
shall approve the Interim Council elected pursuant to this section if 
he is satisfied that the requirements of this section relating to the 
nominating and election process have been met. If he is not so 
satisfied, he shall hold another election under this section, with the 
general council meeting to nominate candidates for election to the 
Interim Council to be held within sixty days after such election. 
(b) The Interim Council shall represent the tribe and its members 
in the implementation of this Act and shall be the acting tribal 
governing body until tribal officials are elected pursuant to section 
6(c) and shall have no powers other than those given to it in 
accordance with this Act. The Interim Council shall have full author-
ity and capacity to receive grants from and to make contracts with 
the Secretary and the Secretary of Health, Education, and Welfare 
with respect to Federal services and benefits for the tribe and its 
members: Provided, That no authority to enter into contracts or to 
make payments under this Act shall be effective except to such extent 
or in such amounts as are provided in advance in appropriation Acts. 
The Interim Council shall have the authority to bind the tribal 
governing body as the successor in interest to the Interim Council for 
a period extending not more than six months after the date on which 
the tribal governing body takes office. Except as provided in the 
preceding sentence, the Interim Council shall have no power or 
authority after the time when the duly-elected tribal governing body 
takes office. 
(c) Within thirty days after receiving notice of a vacancy on the 
Interim Council, the Interim Council shall hold a general council 
meeting for the purpose of electing a person to fill such vacancy. The 
Interim Council shall provide notice of the time, place, and purpose of 
such meeting and election to members described in section 4(d) at 
least ten days before such general meeting and election. The person 
nominated to fill such vacancy at the general council meeting who 
received the highest number of votes in the election shall fill such 
vacancy. 
SEC. 6. (a) Upon the written request of the Interim Council, the 
Secretary shall conduct an election by secret ballot, pursuant to the 
provisions of section 16 of the Act of June 18, 1934 (48 Stat. 987), for 
the purpose of adopting a constitution and bylaws for the tribe. The 
election shall be held within sixty days after the Secretary has— 
(1) reviewed and updated the final membership roll for accu-
racy, in accordance with sections 4(a), 4(b)(1), and 4(cXl), 
(2) made a final determination of 
all appeals filed under section 
4(c)(2), and 
(3) published in the Federal Register a certified copy of the 
membership roll of 
the tribe. 
Interim Council. 
25 u s e 764. 
Tribal 
constitution and 
bylaws. 
25 use 765. 
25 use 461. 
Publication in 
Federal 
Register. 
79-194 O—81—pt. 1 
24 : QL3 
94 STAT. 320 
PUBLIC LAW 96-227—APR. 3, 1980 
Indian lands. 
25 use 766. 
28 u s e 1360 
note. 
Reservation 
enlargement 
plan, submittal 
to eongress. 
(b) The Interim Council shall draft and distribute to each member 
described in section 4(d), no later than thirty days before the election 
under subsection (a), a copy of the proposed constitution and bylaws 
of the tribe, as drafted by the Interim Council, along with a brief and 
impartial description of the proposed constitution and bylaws. The 
members of the Interim Council may freely consult with members of 
the tribe concerning the text and description of the constitution and 
bylaws, except that such consultation may not be carried on within 
fifty feet of the polling places on the date of the election. 
(c) In any election held pursuant to subsection (a), a vote of a 
majority of those actually voting shall be necessary and sufficient for 
the adoption of a tribal constitution and bylaws. 
(d) Not later than one hundred and twenty days after the tribe 
adopts a constitution and bylaws, the Interim Council shall conduct 
an election by secret ballot for the purpose of electing the individuals 
who will serve as tribal officials as provided in the tribal constitution 
and bylaws. For the purpose of this election and notwithstanding any 
provision in the tribal constitution and bylaws to the contrary, 
absentee balloting shall be permitted. 
SEC. 7. (a) The Secretary, within one year following the date of the 
enactment of this Act, shall accept the real property of members of 
the tribe or bands if conveyed or otherwise transferred to him, and 
real property held for the benefit of members of the tribe or bands if 
conveyed or otherwise transferred to him by the owner or owners of 
such land held for the benefit of the bands. Such property shall be 
subject to all valid existing rights including, but not limited to, liens, 
outstanding taxes (local and State), and mortgages. The land trans-
ferred to the Secretary pursuant to this subsection shall be subject to 
foreclosure or sale pursuant to the terms of any valid existing 
obligation in accordance with the laws of the State of Utah. Subject to 
the conditions imposed by this subsection, the land transferred shall 
be taken in the name of the United States in trust for the tribe or 
bands to be held as Indian lands are held, and shall be part of their 
reservation. The transfer of real property authorized by this section 
shall be exempt from all local, State, and Federal taxation. All real 
property transferred under this section shall, as of the date of 
transfer, be exempt from all local, State, and Fedecal taxation. 
(b) The State of Utah shall exercise civil and criminal jurisdiction 
with respect to the reservation and persons on the reservation as if it 
had assumed jurisdiction pursuant to the Act of August 15, 1953 (B7 
Stat. 588), as amended by the Act of April 11, 1968 (82 Stat. 79), and 
pursuant to sections 63-36-9 through 63-36-21 of the Utah State 
Code. 
(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 reserva-
tion, 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. 
PUBLIC LAW 96-227—APR. 3, 1980 
94 STAT. 321 
(d) To assure that legitimate State and local interests are not 
prejudiced by the enlargement of the reservation for the tribe, the 
Secretary, in developing the plan under subsection (c) for the enlarge-
ment of the reservation for the tribe, shall notify and consult with all 
appropriate officials of tlje State of Utah, all appropriate local 
government officials in the affected five county area in the State of 
Utah and any other interested parties. Such consultation shall 
include the following subjects: 
(1) the size and location of the additions to the reservation; 
(2) the effect the enlargement of the reservation would have on 
State and local tax revenues; 
(3) the criminal and civil jurisdiction of the State of Utah with 
respect to the reservation and persons on the reservation; 
(4) hunting, fishing, and trapping rights of the tribe, and 
members of the tribe, on the reservation; 
(5) the provision of State and local services to the reservation 
and to the tribe and members of the tribe on the reservation; and 
(6) the provision of Federal services to the reservation and to 
the tribe and members of the tribe and the provision of services 
by the tribe to members of 
the tribe. 
(e) Any plan developed under this section for the enlargement of 
the reservation for the tribe shall provide that— 
(1) the enlargement of the reservation will not grant or restore 
to the tribe or any member of the tribe any hunting, fishing, or 
trapping right of any nature, including any indirect or proce-
dural right or advantage, on such addition to the reservation; 
(2) the Secretary shall not accept any real property in trust for 
the benefit of the tribe or bands unless such real property is 
located either within Beaver, Iron, Millard, Sevier, or Washing-
ton Counties, State of Utah; 
(3) the transfer of any real property to the Secretary in trust 
for the benefit of the tribe or bands as an addition to the 
reservation shall be exempt from all Federal, State, and local 
taxation, and all such real property shall, as of the date of such 
transfer, be exempt from Federal, State, and local taxation; and 
(4) the State of Utah shall exercise civil and criminal jurisdic-
tion with respect to the addition to the reservation and persons 
on such lands as if it had assumed jurisdiction pursuant to the 
Act of August 15, 1953 (67 Stat. 588), as amended by the Act of 
April 11, 1968 (82 Stat. 79), and pursuant to sections 63-36-9 28 use 1
3
6
0 
through 63-36-21 of the Utah State Code. 
"o^ 
(f) The Secretary shall append to the plan a detailed statement 
describing the manner in which the notification and consultation 
prescribed by subsection (d) was carried out and shall include any 
written comments with respect to the enlargement of the reservation 
for the tribe submitted to the Secretary by State and local officials 
and other interested parties in the course of such consultation. 
94 STAT. 322 
PUBLIC LAW 96-227—APR. 3, 1980 
Claims for 
SEC. 8. Any legal claims for lands owned by the Shivwits, Kanosh, 
25 S 
767^' 
Koosharem, or Indian Peaks Bands of Paiute Indians of Utah and lost 
through tax sales or any other sales to individuals, corporations, or 
the State of Utah since September 1, 1954, are hereby barred. 
25 use 768. 
SEC. 9. The Secretary may make such rules and regulations as are 
necessary to carry out the purposes of the Act. 
Approved April 3, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 97-712 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-481 accompanying S. 1273 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Dec. 19, S. 1273 considered and passed Senate. 
Vol. 126 (1980): Feb. 25, H.R. 4996 considered and passed House. 
Mar. 11, considered and passed Senate, amended. 
Mar. 25, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 14 (1980): Apr. 3, Presidential statement.