An act to declare certain lands to be held in trust for the benefit of the Paiute Indian Tribe of Utah, and for other purposes.
PL 98-219 (H.R.2898), enacted 02/17/1984

PUBLIC LAW 98-219—FEB. 17, 1984 
98 STAT. 11 
Public Law 98-219 
98th Congress 
An Act 
To declare certain lands to be held in trust for the benefit of the Paiute Indian Tribe 
of Utah, and for other purposes. 
Feb. 17, 1984 
[H.R. 2898] 
Federal 
Register, 
publication. 
.J-^ .ISHuiM. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. (a) Subject to subsection (d), all right, title, and interest 25 use 766 note, 
of the United States in the lands described in subsection (b) (includ-
ing all improvements thereon and appurtenances thereto) are 
declared to be held in trust by the United States for the benefit of 
the respective bands of the Paiute Indian Tribe of Utah, as provided 
in subsection (b), and are declared to be part of the reservation of 
the Paiute Indian Tribe of Utah. 
(b) The lands subject to this section are parcels 1 through 5 of the 
lands depicted on the maps contained in the draft document entitled 
"Proposed Paiute Indian Tribe of Utah Reservation Plan", dated 
January 24,1982, and published by the United States Department of 
the Interior, Bureau of Indian Affairs. Upon enactment of this Act, 
the Secretary shall publish in the Federal Register the legal descrip-
tion of the lands so depicted. The Secretary is authorized to correct 
any technical errors in the descriptions of the subject lands. Such 
lands shall be held as follows: 
(1) To be held in trust for the Kanosh Band of the Paiute 
Tribe of Utah: Parcel numbered 2, figure 5, page 95, containing 
approximately five hundred and sixty acres; parcel numbered 3, 
figure 6, page 99, containing approximately five hundred and 
two acres. 
(2) To be held in trust for the Koosharem Band of the Paiute 
Tribe of Utah: Parcel numbered 4, figure 7, page 105, containing 
approximately five hundred and twenty acres; parcel numbered 
5, figure 8, page 111, containing approximately seven hundred 
and fifteen acres. 
(3) To be held in trust for the Cedar City Band of the Paiute 
Tribe of Utah: That portion of parcel numbered 1, figure 4, page 
85, containing approximately two thousand forty-four acres. 
(4) To be held in trust for the Indian Peaks Band of the Paiute 
Indian Tribe of Utah: That portion of parcel numbered 1, figure 
4, page 85, containing approximately four hundred and twenty-
four acres. 
(c) Nothing in this section shall deprive any person of any existing 
legal right-of-way, mining claim, grazing permit, water right, or 
other right or interest which such person may have in the lands 
described in subsection (b). 
(d) Pursuant to the Act of June 14, 1934 (48 Stat. 985), the 
Secretary shall acquire, to the extent available, easements to and 
water rights for the lands described in subsection (b) as necessary for 
their use. 
(e) The Secretary shall consult with the town council of Joseph, 
Utah, and other appropriate local governmental entities prior to 
Water 
25 u s e 464, 465. 
98 STAT. 12 
PUBLIC LAW 98-219—FEB. 17, 1984 
permitting the introduction of any point source of contamination 
pursuant to any proposed development on parcel numbered 4 as 
Pollution. 
described in subsection (b)(2). The Secretary shall require a mini-
mum of one thousand five hundred feet distance be maintained from 
the town well of the town of Joseph and any such point source of 
contamination and may, if he determines it is necessary to prevent 
contamination of said well, require the installation of an appropri-
ate waste water disposal system as part of any proposed develop-
ment on parcel 4. 
(f) Upon the effective date of this Act, all valid leases, permits, 
rights-of-way, or other land use rights or authorizations, except 
mining claims, existing on the date of enactment of this Act in the 
lands described in subsection (b), including the right to receive 
compensation for use of the lands, shall cease to be the responsi-
bility of, or enure to the benefit of, the United States, and shall 
become the responsibility of the Paiute Indian Tribe which shall 
succeed to the interests of the United States and shall continue to 
maintain them under the same terms and conditions as they were 
maintained by the United States. 
(g) All improvements on the lands described in subsection (b) in 
existence on the effective date of the Act, under the authority of the 
land use rights or authorizations described in subsection (c), shall 
remain in the same status as to ownership and right of use as 
existed prior to the date of enactment of this Act. 
(h) Nothing in this Act shall be construed as terminating any 
valid mining claim existing on the date of enactment of this Act on 
the lands described in subsection (b). 
Mining claims. 
(i) The mining claims described in subsection (c) shall carry all the 
rights incident to mining claims, including the rights of ingress and 
egress over the land described in subsection (b). Such mining claims 
shall carry the right to occupy and use so much of the surface of the 
land within their boundaries as is required for all purposes reason-
ably necessary to mine and remove the minerals, including the 
removal of timber for mining purposes. Such mining claims shall 
terminate when they are determined invalid under subsection (j) or 
are abandoned. 
(j) As soon as possible after enactment of this Act, the Secretary of 
the Interior shall determine the validity of the mining claims 
described in subsection (h) as of the date of enactment of this Act. 
Those mining claims which the Secretary determines to be valid 
shall be maintained thereafter in compliance with the mining laws 
of the United States but the holders of such claims shall not be 
entitled to a patent. 
(k) Nothing in this Act shall prevent the Paiute Indian Tribe from 
negotiating the accommodation of land use rights or authorizations 
described in this section through any method acceptable to the 
parties. 
25 use 766 note. 
SEC. 2. The lands which are declared to be held in trust for the 
benefit of the tribe or bands under this Act shall be subject to the 
laws of the United States relating to Indian land to the same extent 
and in the same manner as the lands comprising the reservation of 
the tribe or bands on the day before the date of the enactment of 
this Act. 
National Forest 
SEC. 3. (a) The Secretary of Agriculture shall not deny the tribe or 
System. 
any member of the tribe the right to use and occupy, on a nonexclu-
25 use 766 note, sive basis, the national forest land described in subsection (b) for 
religious and ceremonial purposes for such periods of time and 
PUBLIC LAW 98-219—FEB. 17, 1984 
98 STAT. 13 
under such reasonable terms and conditions as the Secretary may 
prescribe: Provided, That the Secretary shall permit the tribe to use 
and occupy, on an exclusive basis, so much of the national forest 
land in subsection (b) abutting Fish Lake as is necessary for such 
religious and ceremonial purposes during and including the second 
and third weeks of June and the first and second weeks of Septem-
ber of each year, under such reasonable terms and conditions as the 
Secretary may prescribe. 
(b) The land referred to in subsection (a) is the parcel of land 
depicted on the map contained in the document entitled "Proposed 
Paiute Indian Tribe of Utah Reservation Plan", dated January 24, 
1982, and published by the United States Department of the Inte-
rior, Bureau of Indian Affairs, as follows: Parcel numbered 6: Fish 
Lake; figure 9, page 117. 
SEC. 4. (a) There is hereby established in the Treasury of the 25 use 766 note. 
United States a fund to be known as the Paiute Indian Tribe of Utah 
Economic Development and Tribal Government Fund. This Fund 
shall be held in trust for the benefit of the tribe and administered in 
accordance with this Act. 
(b)(1) One-half of the principal of the Fund shall be designated as 
the Economic Development Fund and the remaining one-half as the 
Tribal Government Fund. Each portion of the Fund shall be admin-
istered by the Secretary in accordance with reasonable terms estab-
lished by the tribe and agreed to by the Secretary. The Secretary 
shall not agree to terms which provide for the investment of the 
Fund in a manner not in accordance with section 1 of the Act of 
June 24, 1938 (52 Stat. 1037), unless the tribe first submits a specific 25 use I62a. 
waiver of liability on the part of the United States for any loss 
which may result from such an investment. Until such terms have 
been agreed upon, the Secretary shall fix the terms for the adminis-
tration of any portion of the Fund as to which there is no 
agreement. 
(2) Under no circumstances shall any part of the principal of the 
Fund be distributed to the tribe, or to any member of the tribe, nor 
shall income accruing to the Fund be used for per capita payments 
to any member of the tribe. 
(3) The Secretary shall make available to the tribe in quarterly 
payments, without any deductions, any income received from the 
investment of each fund. The use of the income from the Tribal 
Government Fund shall be free of regulation by the Secretary. The 
use of the income from the Economic Development Fund shall be 
consistent with an economic development plan developed by the 
tribe and approved by the Secretary. The Secretary shall approve 
such plan within sixty days of its submission if he finds that it is 
reasonably related to the economic development of the tribe. If the 
Secretary does not approve such plan, he shall, at the time of his 
decision, set forth in writing the reasons for his disapproval. With 
the approval of the Secretary, the tribe may alter the economic 
development plan subject to the conditions set forth in this section. 
(c) TTiere is authorized to be appropriated in fiscal year 1985 the 
sum of $2,500,000, which shall be deposited in the Fund. Not more 
than 5 per centum of any amount appropriated to the Fund under 
this section may be obligated or spent by the tribe under anv 
contract or agreement relating to the emplo3anent of legal counsel. 
(d) The transfer of the approximately four thousand seven hun-
dred and seventy acres of land and the appropriation of the 
$2,500,000 authorized by this Act shall be in complete fulfillment of 
Appropriation 
authorization. 
98 STAT. 14 
PUBLIC LAW 98-219—FEB. 17, 1984 
25 use 761 note, the provisions of Public Law 96-227 relating to the enlargement of 
the tribe's reservation. 
25 use 766 note. 
SEC. 5. For purposes of this Act— 
(1) the term "tribe" means the Cedar City, Shivwits, Kanosh, 
Koosharem, and Indian Peaks Bands of Paiute Indians of Utah; 
and 
(2) except where otherwise specified, the term "Secretary" 
means the Secretary of the Interior. 
SEC. 6. The plan for the use or distribution of funds awarded the 
Creek Nation in docket numbers 169 and 272 before the Indian 
Claims Commission and in docket numbers 277 and 309-74 before 
the United States Court of Claims, and the plan for the use and 
distribution of funds awarded the Sisseston-Wahpeton Sioux in 
,^_^^ 
docket numbered 363 before the United States Court of Claims, 
ai n • -c 
which were submitted to the Congress by the Department of the 
Interior for consideration under the provisions of the Judgment 
Fund Distribution Act of 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.) 
are hereby declared to be valid and effective as of the date of 
enactment of this Act and such plans are declared to have been 
validly submitted and are exempted from any further review. 
Approved February 17, 1984. 
<*4* '•'"• 
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.ROiisa'Ti'di. 
LEGISLATIVE HISTORY—H.R. 2898: 
HOUSE REPORT No. 98-414 (Comm. on Interior and Insular Affairs). 
eONGRESSIONAL REeORD: 
Vol. 129 (1983): Oct. 24, considered and passed House. 
Nov. 18, considered and passed Senate, amended. 
^ 
Vol. 130 (1984): Feb. 7, House concurred in Senate amendment.