Section 1. Definitions.
(a) “Tribal lands” as used in this Article means those lands held in trust by the United States for the Paiute Indian Tribe of Utah.
(b) “Band lands” as used in this Article means those lands held in trust by the United States for any constituent band(s).
Section 2. Land Use and Natural Resources Conservation Plan. The tribal council may by ordinance establish a comprehensive land use and natural resource conservation plan for lands and natural resources subject to tribal jurisdiction. Such plan shall include rules and procedures by which tribal members and non-members may use specified parcels of land within the tribe’s jurisdiction for public, educational, recreational, residential, business, commercial, industrial, religious or agricultural purposes. With respect to any lands held in trust by the United States on behalf of any constituent band, said ordinance shall provide for the approval of said ordinance by the eligible voters of the affected band or bands by majority vote of those voting.
Section 3. Power of the Tribal Council. With respect to tribal land, the tribal council by majority vote of the council in favor may authorize:
(a) Grants of permission to a band or bands and members of the tribe to use specified portions of tribal land as provided in Section 2 of this Article.
(b) Leases to a band or bands, to members and non-members of the tribe of specified portions of tribal land for the purposes specified in Section 2 of this Article subject to applicable Federal law and regulations;
(c) Grants of right-of-way over tribal land or interests therein; for the purpose of providing- municipal services, to and for the benefit of tribal members, or the heirs and descendants of tribal members who hold a land use assignment;
(d) Leases to the United States or its agencies for the purpose of meeting- eligibility requirements for Federal housing- programs; Provided, That the term of such a lease shall be for the minimal period of time required by the agency;
(e) The exchange of tribal land for land of equal value subject to applicable Federal law and regulations and upon approval by the Secretary of the Interior;
(f) The approval of purchase mortgages or deed of trust to the extent provided for and permitted by applicable Federal law and regulations;
(g) The foregoing shall not be construed as a limitation on the authority of the tribal council to utilize tribal lands for tribal purposes.
Section 4. Land Use Assignment – Tribal Members.
(a) Permission to use tribal land for residential purposes shall be by land use assignment in accordance with the land use plan. Copies of such assignments shall be filed and recorded by the tribal administration and filed with the Superintendent.
(b) Permission to use tribal land shall be a right granted only to the person designated in the land use assignment. Such permission shall not be transferable by the permittee during his or her lifetime, shall pass upon the death of the permittee in accordance with regulations and procedures established by the tribal council by ordinance. No tribal member may receive more than one residential assignment.
Section 5. Use of Tribal Lands by Bands. The tribal council may by majority vote of the council permit tribal lands to be used for any purpose specified in Section 2 of this Article by any constituent band. Permission to use tribal lands by a band or bands shall be by land use assignment or by lease agreement. The tribal council may impose a fee, tax, or rental in exchange for the use of said land in order to provide for the operation of the tribal government.
Section 6. Preferences for Use of Tribal Lands. Except as provided for in Section 4 above, in determining use first preference shall be given to the tribe or tribal enterprises; second preference to a band or band
enterprises; third preference to tribal members; and fourth preference to non-members; Provided, That the preferred party can put said lands to a use determined comparable by the tribal council to that offered by a less preferred entity or party.
Section 7. Reassignment. Notwithstanding the provisions of Section 5 above, with respect to land use assignment, in the event land assigned to a constituent band is not put to use consistent with the land use plan within five (5) years of said assignment, the tribal council may reassign said land or portions thereof, withdraw said assignments, or otherwise alter the terms thereof consistent with this constitution and ordinances. Said assignments are not property rights but mere permits to use tribal lands.