Bill Summary
The "Shivwits Band of Paiutes Jurisdictional Clarity Act" is a legislative bill that establishes the jurisdiction of the State of Utah over civil legal matters arising on or within the Indian lands of the Shivwits Band of Paiutes. Key provisions of the Act include:
1. **Definition of Indian Lands**: The Act defines "Indian lands" as those held in trust by the U.S. government or subject to restrictions against alienation for the benefit of the Shivwits Band of Paiutes.
2. **State Civil Jurisdiction**: It grants Utah jurisdiction over civil actions involving the Shivwits Band of Paiutes that occur on these Indian lands.
3. **Federal Court Jurisdiction**: The Act clarifies that contracts or agreements affecting Indian lands, including leases, are considered "commerce" under U.S. law, allowing for federal court jurisdiction over related civil actions.
4. **Sovereign Immunity**: The Act maintains the sovereign immunity of the Shivwits Band of Paiutes, ensuring that the tribe cannot be sued without its consent.
5. **Leasing Authority**: It amends existing legislation to include land held in trust for the Shivwits Band of Paiutes within the framework of land leasing authorities.
Overall, this legislation aims to clarify the legal landscape regarding jurisdiction and civil actions involving the Shivwits Band of Paiutes while respecting the tribe's sovereign rights.
Possible Impacts
The "Shivwits Band of Paiutes Jurisdictional Clarity Act" can affect people in several ways, including:
1. **Access to Legal Remedies**: Individuals or businesses that have civil disputes involving the Shivwits Band of Paiutes or arising on their Indian lands may now seek legal recourse in Utah state courts. This could provide a clearer path for resolution of grievances, potentially making it easier for plaintiffs to pursue claims related to contracts, leases, or other agreements.
2. **Impact on Tribal Sovereignty**: The Act maintains the sovereign immunity of the Shivwits Band of Paiutes, meaning that the tribe cannot be sued without its consent. This provision protects the tribe from unconsented legal challenges, which could influence how external entities engage with tribal businesses and governance, ensuring that the tribe retains control over its legal affairs.
3. **Business and Economic Development Opportunities**: By clarifying that contracts and agreements involving the Shivwits Band of Paiutes are recognized in both state and federal jurisdictions, the Act may encourage investment and business development on Indian lands. This could lead to economic growth for the tribe and its members, as well as job creation and improved services in the community.
These examples illustrate the potential legal, economic, and sovereignty implications of the legislation for both the Shivwits Band of Paiutes and external parties.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Introduced in Senate (IS)]
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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''.
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