Page:United States Statutes at Large Volume 102 Part 5.djvu/711

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-708—NOV. 23, 1988

102 STAT. 4717

Public Law 100-708 100th Congress An Act To correct historical and geographical oversights in the establishment and development of the Utah component of the Confederated Tribes of the Goshute Reservation, to unify the land base of the Goshute Reservation, to simplify the boundaries of the Goshute Reservation, 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. LANDS HELD IN TRUST FOR THE TRIBE PURSUANT TO EXECUTIVE ORDERS. (a) LANDS HELD IN TRUST.—In recognition and confirmation of the

actions of the President in Executive Order 1539 (May 29, 1912; IR 168) and Executive Order 1903 (March 23, 1914; IV K 1048), the lands in Utah described in such orders are hereby declared to be held in trust by the United States for the use and benefit of the Tribe. (b) EFFECTIVE DATE FOR DETERMINING WATER RIGHTS AND PRIOR-

ITIES.—For purposes of determining water rights, and priorities related to such rights, in the lands held in trust for the Tribe under subsection (a), such lands shall be deemed to have been held in trust by the United States as of the dates of the respective Executive orders referred to in subsection (a) or such earlier dates as may be indicated by any applicable order or law. SEC. 2. IMPLEMENTATION; PROTECTION OF THE RIGHTS OF THIRD PARTIES; RIGHTS OF ACCESS. (a) V A U D EXISTING RIGHTS.—Except as otherwise provided in this

section, nothing in this Act shall be construed to deprive any person of any valid existing right or interest (including, but not limited to, a real property right or interest, water right or priority, right of ingress and ^ress, right-of-way, easement, license, grazing permit, oil and gas lease, mining claim, or other legal property or contract right or interest) which such person may have in the lands described in this Act on the date of enactment of this Act. (b) TRANSFER OF RIGHTS TO TRIBE.—Upon the effective date of this Act, all valid rights-of-way, leases, permits, and other land use rights or authorizations, except mining claims, existing on the date of enactment of this Act in the lands described in this Act, including the right to receive compensation for use of the lands, shall cease to be the responsibility of, or inure to the benefit of, the United States, and shall become the responsibility of the Tribe and the Secretary as trustee. The Tribe or the Secretary as trustee shall succeed to the interests of the United States and shall continue to maintain those interests under the same terms and conditions as they were maintained by the United States. (c)

DETERMINATION

OF VALIDITY

OF UNPATENTED

MINING

CLAIMS.—Not later than two years after the date of enactment of this Act, the Secretary shall determine the validity of all mining claims existing on the date of enactment of this Act on the lands

Nov. id, ia»a [H.R. 2839]