Bill Summary
The "Shivwits Band of Paiutes Jurisdictional Clarity Act" is a piece of legislation aimed at defining and clarifying the jurisdictional authority of the State of Utah over civil matters related to the Shivwits Band of Paiutes, an Indian tribe.
Key provisions of the Act include:
1. **Definition of Indian Lands**: The legislation specifies that "Indian lands" refer to the lands of the Shivwits Band held in trust by the U.S. government or subject to federal restrictions.
2. **State Civil Jurisdiction**: It grants the State of Utah jurisdiction over civil causes of action involving the Shivwits Band that arise on or within these Indian lands.
3. **Federal Court Jurisdiction**: Contracts or agreements related to the Indian lands, including leases, are recognized as part of interstate commerce, allowing federal jurisdiction over related civil actions.
4. **Sovereign Immunity**: The Act makes it clear that it does not abrogate the sovereign immunity of the Shivwits Band, meaning that the tribe cannot be sued without its consent.
5. **Leasing Authority**: It updates existing laws to include provisions for land held in trust for the Shivwits Band, enhancing their leasing authority.
Overall, the Act aims to clarify the relationship between state and tribal jurisdiction for civil matters, ensuring both legal clarity and the protection of tribal sovereignty.
Possible Impacts
The "Shivwits Band of Paiutes Jurisdictional Clarity Act" can have several implications for individuals and entities connected to the Shivwits Band of Paiutes and the State of Utah. Here are three examples:
1. **Access to Legal Recourse**: The Act grants the State of Utah jurisdiction over civil causes of action arising on or within the Indian lands of the Shivwits Band of Paiutes. This means that individuals or businesses who have legal disputes involving the Shivwits Band or activities on their lands can seek resolution in Utah state courts. For example, if a contractor is engaged in a business deal with the Shivwits Band and a dispute arises, that contractor can now bring their case to state court, potentially making it easier for them to navigate the legal system and enforce their rights.
2. **Impact on Tribal Sovereignty**: The Act states that it does not abrogate the sovereign immunity of the Shivwits Band of Paiutes. This means that while the tribe can be involved in civil litigation in state courts, they maintain their immunity from unconsented lawsuits. Individuals or entities wishing to sue the tribe would still need to navigate the complexities of tribal sovereignty and seek the tribe's consent to proceed. This could complicate legal actions involving the tribe, as plaintiffs may face challenges in holding the tribe accountable without its consent.
3. **Leasing and Economic Development**: The Act amends existing legislation to enhance the leasing authority of the Shivwits Band of Paiutes for lands held in trust. This change could enable the tribe to enter into more favorable leasing agreements for economic development projects, such as establishing businesses or partnerships that utilize tribal lands. For tribal members, this could lead to job creation and economic opportunities, while also benefiting the local economy. Additionally, having a clearer framework for leasing rights may attract outside investors who are interested in partnering with the tribe for various ventures.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3073 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
2d Session
H. R. 3073
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17, 2026
Received; read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
AN ACT
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''.
Passed the House of Representatives March 16, 2026.
Attest:
KEVIN F. MCCUMBER,
Clerk.