Paiute tribe disputes claims by town of Springdale over trail-use agreement

SPRINGDALE, Washington County — A dustup over a trail-use agreement between the town of Springdale and the Paiute Indian Tribe of Utah is underway as the tribe accuses the town of making false claims.

The town and tribe made a trail-use agreement in December 2021 to allow public access to Paiute-owned land above the George A. Barker River Park trail, which is also part of the Nung'wu Poa trail system. Under the agreement, the town was able to bypass what would have ordinarily required an application for an easement.

Recently, however, the tribe has been negotiating a memorandum of agreement with Springdale while seeking to put the trail in a trust with the federal government. The tribal trust process puts the legal title to lands in the federal government's possession while allowing a tribe to hold the beneficial interest — meaning the tribe gets to use the land without legally owning it, and receives a percentage of the proceeds if it is sold.

The dispute began after the tribe gave the town notice of its plan to put the land in a tribal trust, and the town appears to have requested that the tribe agree to follow the town's regulations in doing so. These regulations, Springdale Mayor Barbara Bruno told KSL, are to "ideally" follow land use ordinances.

The town later sent a letter to residents saying that the tribe wants the land put in a tribal trust so it can avoid paying property taxes on it — prompting anger from the tribe — and that residents could lose access to the trail if the town doesn't sign off on the trust land status.

Town email prompts response from tribe

KSL reached out to the tribe and was directed to its press release, which was published Wednesday in response to an email sent to residents on July 23.

In the email, which was obtained by KSL from Bruno, residents were informed of ongoing negotiations with the tribe, stating the tribe "may close access to trails on its property as soon as Tuesday, July 28."

In the email, Springdale town officials said the tribe owns the property and "has the option to apply to have the property placed in tribal trust status," also telling residents that the tribe has "no immediate plans to develop the property." Town officials also claimed the tribe is "seeking tribal trust status to avoid paying property taxes."

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In its press release, the tribe refers to Springdale's email as a "press release." Bruno instead called it "an email sent to residents."

The tribe disputes Springdale's claim that it could close public access to the trail.

"The tribe was surprised and disheartened that the City Council felt the need and desire to publish a misleading press release, without any notice or input by the tribe," the tribe's press release stated. "Unfortunately, the City Council seemingly attempts to undermine the tribe's integrity and blatantly misrepresents the discussions that have occurred between the parties."

Both parties desire to come to an agreement in discussions, according to the press release from the tribe and the email obtained from Springdale. The dispute, however, arose from a statement made in an email from the town of Springdale, where town leaders said that trail use "may be conditioned based on the town's support for PITU's (Paiute Indian Tribe of Utah's) application to place its property in tribal trust status."

The tribe took issue with the town's statement and clarified the reason for the tribal trust status.

"The tribe ... wishes to place this property into a trust, at a future date, to ensure that the preservation of the land is federally protected," the tribe's statement read, adding that it requested a "letter of support" from the city. This, the tribe said, would "ensure its cultural and environmental protections for generations to come." The tribe also said that "despite repeated accusations," it has "no intention of placing a commercial building on the tribal property."

The tribe's statement outlines a timeline dating back to October of last year when it reported having opened up discussions with the town. Those discussions, as outlined in the release, continued until April 25, at which time the tribe "requested feedback and a list of ordinances to consider" by July 28.

{#Paiute press release} {#Paiute press release2} {#Paiute press release3} "Rather than provide the list of city ordinances/resolutions and continue to finalize the agreement's terms, the city instead decided to send a demand email to the tribe ... indicating that the tribe had no right to negotiate the terms of the city's access to tribal lands," the tribe's statement read.

The tribe cited discussions members had with city officials, while stating that no decisions are made without a tribal council through tribal law.

"Any assumptions by the city regarding what action the tribe may or may not take ... is purely speculative and in bad faith,'" the tribe's statement read. "The city of Springdale's representatives have now attempted to make a mockery of the tribe's procedures and blame the tribe for the lack of forward progress on the agreement date."

Bruno told KSL that the town is committed to working with the tribe toward a resolution, adding that there is "no meeting date set" to discuss items with the tribe.

In the email obtained by KSL, the town said it "understand(s) this is a sensitive topic that will generate significant discussion and possible speculation in the community."

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