Shivwits Band of Paiutes Jurisdictional Clarity Act
Sponsored By: Representative Maloy
Passed House
Summary
This bill would clarify which lands and tribal entities belong to the Shivwits Band of Paiutes and change who handles civil disputes there by giving _Utah state courts jurisdiction over civil cases on Shivwits tribal lands_. It would also treat many contracts and leases involving those lands as matters of federal jurisdiction so those disputes can be brought in federal court.
Show full summary
- Shivwits Band and tribal enterprises: It defines "Indian lands" as trust land or land with a federal restriction against sale and spells out which tribal businesses and section 17 corporations are covered. It preserves the Tribe's sovereign immunity and its right to waive that immunity.
- Utah residents and state courts: The State of Utah would have civil jurisdiction over any lawsuit to which the Shivwits Band is a party that arises on or within the defined tribal lands, letting state courts hear those disputes.
- Contract and lease parties: Contracts or leases affecting Shivwits tribal lands would be treated as commerce and as federal-question claims, making related causes of action eligible for federal court under federal jurisdiction rules.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Utah and federal courts for Shivwits cases
If enacted, Utah courts would hear civil cases that arise on Shivwits lands when the tribe is a party. Any contract or lease on those lands, or involving the tribe, would count as commerce under federal law. Lawsuits from those deals would be treated as federal-question cases. Parties would be able to file in federal court.
Which Shivwits lands are covered
If enacted, the bill would define which Shivwits lands count as Indian lands for this Act. It would include land the United States holds in trust and land the U.S. bars from sale. It would also define who counts as the Shivwits Band, including its government, tribal businesses, and section 17 corporations. These definitions would set who and what the rest of the bill would apply to.
Leasing rules extended to Shivwits trust land
If enacted, federal leasing law would expressly include land held in trust for the Shivwits Band. The same leasing rules that apply to named tribes would also apply to these trust lands. This would help the tribe and partners make leases with clearer legal footing.
Tribal sovereign immunity stays in place
If enacted, the bill would not waive the Shivwits Band’s sovereign immunity. The tribe would not be sued without its consent. The tribe would keep the power to waive that immunity if it chooses.
Sponsors & CoSponsors
Sponsor
Maloy
UT • R
Cosponsors
Kennedy (UT)
UT • R
Sponsored 5/8/2025
Owens
UT • R
Sponsored 5/8/2025
Roll Call Votes
No roll call votes available for this bill.
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