2 1 1539 (May 29, 1912; IR 168) and Executive Order 1903 2 (March 23, 1914; IV K 1048), the lands in Utah described in 3 such orders are hereby declared to be held in trust by the 4 United States for the use and benefit of the Tribe. 5 (b) EFFECTIVE DATE FOR DETERMINING WATER 6 RIGHTS AND PRIORITIES.-For purposes of determining 7 water rights, and priorities related to such rights, in the lands 8 held in trust for the Tribe under subsection (a), such lands 9 shall be deemed to have been held in trust by the United 10 States as of the dates of the respective executive orders re11 ferred to in subsection (a) or such earlier dates as may be 12 indicated by any applicable order or law. 13 SEC. 2. IMPLEMENTATION; PROTECTION OF THE RIGHTS OF THIRD PARTIES; RIGHTS OF ACCESS. 14 15 (a) VALID EXISTING RIGHTS.-Except as otherwise 16 provided in this section, nothing in this Act shall be con17 strued to deprive any person of any valid existing right or 18 interest (including, but not limited to, a real property right or 19 interest, water right or priority, right of ingress and egress, 20 right of way, easement, license, grazing permit oil and gas 21 lease, mining claim, or other legal property or contract right 22 or interest) which such person may have in the lands de23 scribed in this Act on the date of enactment of this Act. 24 (b) Transfer oF RIGHTS TO TRIBE.-Upon the effec25 tive date of this Act, all valid rights of way, leases, permits, S 1687 IS 3 1 and other land use rights or authorizations, except mining 2 claims, existing on the date of enactment of this Act in the 3 lands described in this Act, including the right to receive 4 compensation for use of the lands, shall cease to be the re5 sponsibility of, or inure to the benefit of, the United States, 6 and shall become the responsibility of the Tribe. The Tribe 7 shall succeed to the interests of the United States and shall 8 continue to maintain those interests under the same terms 9 and conditions as they were maintained by the United States. 10 (c) DETERMINATION OF VALIDITY OF UNPATENTED 11 MINING CLAIMS.-(1) Not later than two years after the 12 date of enactment of this Act, the Secretary shall determine 13 the validity of all mining claims existing on the date of enact14 ment of this Act on the lands within the exterior boundaries 15 of the Reservation. Those mining claims which the Secretary 16 determines to be valid shall be maintained thereafter in com17 pliance with the mining laws of the United States, but the 18 holders of such claims shall not be entitled to a patent. (2) Any such valid mining claim (A) shall carry all the rights incident to mining claims, including the right of ingress and egress over the land referred to in sections 3(a) and 3(f); (B) shall carry the right to occupy and use so much of the surface of such land within its boundaries OS 1687 IS 4 1 2 3 4 as is required for all purposes reasonably necessary to mine and remove the minerals; and (C) shall terminate when it is determined by the Secretary to be invalid or is abandoned. 5 SEC. 3. ADDITION OF LANDS TO THE RESERVATION. 6 (a) LANDS UNINTENTIONALLY OMITTED FROM INCLU 7 SION BY EXECUTIVE ORDER OF 1914.-All right, title, and 8 interest of the United States in and to the lands described in 9 section 10(a) is hereby declared to be held by the United 10 States in trust for the use and benefit of the Tribe and to be 11 part of the Reservation. 12 (b) FEDERAL BUT NON-INDIAN LANDS WITHIN THE 13 BOUNDARIES OF THE 1912 AND 1914 EXECUTIVE ORDER 14 RESERVATIONS.-All right, title, and interest of the United 15 States in and to the lands described in section 10(b) is hereby 16 declared to be held by the United States in trust for the use 17 and benefit of the Tribe and to be part of the Reservation. (c) LANDS HELD IN TRUST BUT NOT PART OF THE 18 19 RESERVATION.-All lands described in section 10(c), title to 20 which is held by the United States in trust for the Tribe are 21 hereby declared to be part of the Reservation. 22 (d) UNIFICATION OF SUBSURFACE ESTATES.-All 23 right, title, and interest of the United States in and to the 24 subsurface estates described in section 10(d) is hereby de OS 1687 IS 5 1 clared to be held by the United States in trust for the use and 2 benefit of the Tribe and to be part of the Reservation. 3 (e) LANDS HELD BY THE TRIBE AS A PRIVATE 4 PARTY.-The Secretary may accept a conveyance by the 5 Tribe of all right, title, and interest of the Tribe in and to the 6 lands described in section 10(e). Any such land accepted by 7 the Secretary shall be held by the United States in trust for 8 the use and benefit of the Tribe and shall become part of the 9 Reservation. 10 (f) FEDERAL LANDS SURROUNDING GOSHUTE TRIBAL 11 CEMETERY.-All right, title, and interest of the United 12 States in and to the lands described in section 10(f) is hereby 13 declared to be held by the United States in trust for the use 14 and benefit of the Tribe and to be part of the Reservation. 15 (g) MAPS AND LEGAL DESCRIPTIONS.-Within 90 16 days after the date of enactment of this Act, the Secretary 17 shall publish a legal description in the Federal Register of the 18 lands added by this Act to the Reservation. During such 19 period, the Secretary is authorized to correct any technical 20 errors in the legal descriptions contained in this Act. A map 21 depicting the lands added to the Reservation by this Act shall 22 be on file and available for public inspection in the Office of 23 the Secretary, Department of the Interior. S 1687 IS 6 1 SEC. 4. CONTINGENT ADDITION OF LANDS AND INTERESTS 2 3 4 HELD BY THE STATE OF UTAH; CONTINGENT UNIFICATION OF SPLIT ESTATES. (a) LANDS HELD BY THE STATE OF UTAH.-If any 5 right, title, and interest in and to any or all portions of the 6 tracts of land described in section 10(g)(1) ever vests in the 7 United States, the United States shall hold all of its right, 8 title, and interest in and to such tracts in trust for the use and 9 benefit of the Tribe and such tracts shall become part of the 10 Reservation. 11 (b) UNIFICATION OF SPLIT ESTATES.-If any right, 12 title, and interest in and to any subsurface estate in any or all 13 portions of the tracts of land described in section 10(g)(2) 14 shall ever vest in the United States, the United States shall 15 hold all of its right, title, and interest in and to the minerals 16 in such tracts in trust for the use and benefit of the Tribe and 17 such interests shall become part of the Reservation. 18 SEC. 5. AUTHORIZATION FOR THE PURCHASE OF LANDS 19 20 21 WITHIN, ADJACENT TO, OR IN CLOSE PROXIMI TY TO THE RESERVATION. (a) AUTHORITY.-The Secretary is authorized to ac22 quire by donation, exchange, purchase any lands or interests 23 in lands within, adjacent to, or in close proximity to the 24 boundaries of the Reservation for the use and benefit of the 25 Tribe. S 1687 IS |