Shivwits Band of Paiutes Jurisdictional Clarity Act

Bill: 119-hr-3073
Sponsor: full_name: Rep. Maloy, Celeste [R-UT-2]
Introduced: 2025-04-29
Policy area: Native Americans
Subjects: Federal-Indian relations

Indian lands and resources rights

Jurisdiction and venue

Utah
Latest action: action_date: 2025-05-20
text: Subcommittee Hearings Held

Summaries:
action_date: 2025-04-29
action_desc: Introduced in House
text: <p><strong>Shivwits Band of Paiutes Jurisdictional Clarity Act</strong></p><p>This bill confers legal jurisdiction to the State of Utah over certain civil cases involving the Shivwits Band of Paiutes. It also allows the tribe to lease its land held in trust. The tribe is located in southwestern Utah.</p><p>Specifically, the bill confers jurisdiction to the State of Utah&nbsp;over any civil cause of action (1) to which the&nbsp;Shivwits Band of Paiutes is a party, and (2) that arises on or within Indian lands. Under the bill, <em>Indian lands</em> are lands of the tribe that are (1) held in trust for the benefit of the tribe, or (2) subject to restrictions by the United States against alienation (i.e., sale or transfer).</p><p>Additionally, the bill specifies that any cause of action arising from any contract or agreement (including a lease) to which the tribe is party or that affects or arises on these Indian lands shall be deemed a civil cause of action. Therefore, this bill allows the tribe and third parties to resolve contract disputes in state court.</p><p>The bill also authorizes the tribe to lease its land held in trust for a term of up to 99 years.</p>

tv_txt: I 119th CONGRESS 1st Session H. R. 3073 IN THE HOUSE OF REPRESENTATIVES April 29, 2025 Ms. Maloy introduced the following bill; which was referred to the Committee on Natural Resources A BILL To confer jurisdiction on the State of Utah with respect to civil causes of action arising on or within the Indian lands of the Shivwits Band of Paiutes, and for other purposes.

1. Short title This Act may be cited as the Shivwits Band of Paiutes Jurisdictional Clarity Act . 2. Definitions In this Act: (1) Indian lands The term Indian lands means lands of the Shivwits Band of Paiutes that are— (A) held in trust by the United States for the benefit of the Shivwits Band of Paiutes; or (B) subject to a restriction against alienation imposed by the United States. (2) Shivwits Band of Paiutes The term Shivwits Band of Paiutes means— (A) the Shivwits Band of Paiutes, a federally recognized Indian Tribe restored by Congress pursuant to the Paiute Indian Tribe of Utah Restoration Act ( Public Law 96–227 ; 94. Stat. 317); (B) the recognized governing body of the Shivwits Band of Paiutes; (C) any Shivwits Tribal enterprise, including any commercial activity, business, or entity managed, controlled, or operated by the Shivwits Band of Paiutes, and any subsidiaries thereto; and (D) any corporation chartered by the Shivwits Band of Paiutes under section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (48 Stat. 988, chapter 576; 25 U.S.C. 5124 ), and any subsidiaries thereto. 3. State civil jurisdiction The State of Utah shall have jurisdiction over any civil cause of action— (1) to which the Shivwits Band of Paiutes is a party; and (2) that arises on or within the Indian lands. 4. Federal court jurisdiction (a) In general Any contract or agreement, including a lease, affecting or arising on the Indian lands, or to which the Shivwits Band of Paiutes is a party, shall be considered within the meaning of commerce as defined in section 1 of title 9, United States Code. (b) Causes of action Any cause of action arising from any contract or agreement, including a lease, affecting or arising on the Indian lands, or to which the Shivwits Band of Paiutes is a party, shall be deemed to be a civil cause of action arising under the Constitution, laws, or treaties of the United States within the meaning of section 1331 of title 28, United States Code. 5. Sovereign immunity not abrogated Nothing in this Act abrogates— (1) the sovereign immunity of the Shivwits Band of Paiutes from unconsented suit; or (2) the authority of the Shivwits Band of Paiutes to waive that sovereign immunity. 6. Shivwits Band of Paiutes leasing authority Subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a) ), is amended, in the second sentence, by inserting , land held in trust for the Shivwits Band of Paiutes after land held in trust for the Confederated Tribes of the Chehalis Reservation .