Shivwits Band of Paiutes Jurisdictional Clarity Act
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.
Specifically, the bill confers jurisdiction to the State of Utah over any civil cause of action (1) to which the Shivwits Band of Paiutes is a party, and (2) that arises on or within Indian lands. Under the bill, Indian lands 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).
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.
The bill also authorizes the tribe to lease its land held in trust for a term of up to 99 years.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1508
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2025
Mr. Curtis introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shivwits Band of Paiutes
Jurisdictional Clarity Act''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held.
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