Shivwits Band of Paiutes Jurisdictional Clarity Act
Sponsored By: Representative Maloy
Passed House
Summary
Clarifies civil jurisdiction over Shivwits Band lands. This bill would give Utah courts clear authority over civil disputes involving the Shivwits Band on its Indian lands while preserving the tribe’s right to claim or waive sovereign immunity.
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- Utah residents and state courts: Civil cases that involve the Shivwits Band and arise on Shivwits Indian lands would be decided under Utah civil jurisdiction, changing where many local disputes are heard.
- Shivwits Band, its businesses, and tribal entities: The bill defines who counts as the Shivwits Band, preserves the Band’s sovereign immunity and its power to waive that immunity, and extends federal leasing authority to lands held in trust for the Band.
- Contracts and federal courts: Contracts and leases involving the Band would be treated as commerce under the Federal Arbitration Act and related civil actions would qualify as federal-question cases under 28 U.S.C. 1331.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Leasing allowed on Shivwits trust land
If enacted, this would add Shivwits trust land to a 1955 leasing law. The Shivwits Band would be able to use that law to lease its trust land. People and businesses would be able to enter leases under that framework on those lands. The change would be limited to Shivwits trust land in Utah.
Clear court and arbitration rules on Shivwits land
If enacted, this would set clear court and arbitration rules for Shivwits lands. Utah courts would handle civil cases that arise on those lands when the Shivwits Band is a party. Contracts and leases about those lands, or with the Band, would fall under federal arbitration rules. Lawsuits from those contracts would count as a federal question, so federal courts would be able to hear them. The bill would not waive the Band’s sovereign immunity unless the Band agrees. It would also define which lands and entities count as Shivwits Indian lands and Shivwits Band businesses.
Sponsors & CoSponsors
Sponsor
Maloy
UT • R
Cosponsors
Rep. Kennedy, Mike [R-UT-3]
UT • R
Sponsored 5/8/2025
Rep. Owens, Burgess [R-UT-4]
UT • R
Sponsored 5/8/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov