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U.S. Code as of:
01/19/04
Section 766. Tribal reservation
(a) Transfer of real property to Secretary; existing rights
applicable and status of property subsequent to transfer;
taxation
The Secretary, within one year following April 3, 1980, 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
transferred 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 Federal taxation.
(b) Exercise of civil and criminal jurisdiction by Utah
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 (67 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) Plan for enlargement of reservation; negotiation; development;
scope and approval
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
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) of this section and shall
within two years after April 3, 1980, 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 765 of this title, the Secretary shall submit such plan,
in the form of proposed legislation, to the Congress.
(d) Notification and consultative requirements for enlargement plan
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) of this
section for the enlargement of the reservation for the tribe, shall
notify and consult with all appropriate officials of the 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) Contents of enlargement plan
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 procedural 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
Washington 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
jurisdiction 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 through 63-36-21 of the Utah State Code.
(f) Statement appended to enlargement plan respecting
implementation of notification and consultative requirements
The Secretary shall append to the plan a detailed statement
describing the manner in which the notification and consultation
prescribed by subsection (d) of this section 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.
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