Shivwits Band of Paiutes Jurisdictional Clarity Act
Sponsored By: Senator Sen. Curtis, John R. [R-UT]
In Committee
Summary
This bill would clarify who can hear civil and contract disputes involving the Shivwits Band of Paiutes and their trust lands. It focuses on defining jurisdiction between Utah courts and federal courts and on extending leasing authority for Shivwits trust land.
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- The Shivwits Band and its enterprises would keep sovereign immunity from unconsented suits while retaining the ability to waive that immunity. The bill also adds Shivwits trust land to an existing federal leasing authority.
- The State of Utah would gain civil jurisdiction over causes of action that involve the Shivwits Band and arise on or within Shivwits Indian lands, so state courts could hear those disputes.
- Federal courts would be able to hear contract and lease disputes involving the Shivwits Band by treating those contracts as falling under federal commerce and federal-question jurisdiction.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Leasing rules extended to Shivwits land
If enacted, the bill would add Shivwits trust land to an existing 1955 law that governs leasing of tribal lands. This would let the Shivwits Band use the same leasing process and leasing preferences as other listed trust lands. The change would take effect on enactment and apply to covered leases.
Shivwits sovereign immunity preserved
If enacted, the bill would not remove the Shivwits Band's sovereign immunity from unconsented lawsuits. The Band would keep the power to waive immunity if it chooses. This protection would take effect on enactment.
New court rules for Shivwits contracts
If enacted, contracts and leases tied to Shivwits Indian lands would be treated as commerce under federal law. This would let federal courts hear disputes from those contracts as federal questions. The bill would also give the State of Utah jurisdiction over civil cases involving the Band that arise on those lands.
Who counts as Shivwits tribal land
If enacted, the bill would define which lands count as Shivwits Indian lands as trust land or land with a U.S. restriction on sale. It would also say who counts as the Shivwits Band, including the governing body, tribal businesses, and corporations chartered under section 17. These definitions would take effect on enactment and decide what other parts of the bill cover.
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Sponsors & CoSponsors
Sponsor
Sen. Curtis, John R. [R-UT]
UT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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