Shivwits Band of Paiutes Jurisdictional Clarity Act
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The bill would give the State of Utah civil court jurisdiction over lawsuits involving the Shivwits Band of Paiutes that arise on the tribe's trust or restricted lands, including contract and lease disputes.
It would also let the tribe lease its trust land for up to 99 years, while explicitly preserving the tribe's sovereign immunity from unconsented lawsuits.
What this bill would do
What it would do
The bill would confer jurisdiction on the State of Utah over civil causes of action involving the Shivwits Band of Paiutes that arise on or within the tribe's Indian lands, defined as land held in trust for the tribe or subject to federal restrictions on sale or transfer. It would also specify that any contract or agreement, including a lease, affecting those lands or involving the tribe counts as "commerce" under federal arbitration law, and that disputes arising from such contracts qualify as federal-question civil causes of action, giving parties access to federal court as well. The bill would separately amend a 1955 federal leasing law to add the Shivwits Band of Paiutes to the list of tribes authorized to lease trust land for terms up to 99 years. It expressly states that nothing in the Act abrogates the tribe's sovereign immunity from unconsented suit or its authority to waive that immunity, meaning the tribe would still have to agree to be sued in most cases.
Key provisions
- 1Would grant Utah jurisdiction over civil causes of action involving the Shivwits Band of Paiutes that arise on or within the tribe's Indian lands
- 2Would deem contracts and leases affecting tribal lands or involving the tribe as "commerce" and related disputes as federal-question civil causes of action
- 3Would preserve the tribe's sovereign immunity from unconsented suit and its authority to waive that immunity
- 4Would amend federal leasing law to authorize the Shivwits Band of Paiutes to lease trust land for terms up to 99 years
Who would be affected
The Shivwits Band of Paiutes, a federally recognized tribe in southwestern Utah, its tribal government and enterprises, and third parties such as businesses, lessees, or individuals who enter contracts, leases, or disputes involving the tribe or its trust lands. Utah state courts and federal courts would also gain new jurisdiction over these cases.
Why it matters
Clarifying that Utah courts (and in some cases federal courts) can hear civil disputes involving the tribe's lands would give businesses and individuals a clearer legal venue for contract and lease disagreements, potentially making it easier for the tribe to attract commercial partners. The added 99-year leasing authority could support longer-term economic development on trust land.
What would change
Changes to existing law
Amends Act of August 9, 1955 (25 U.S.C. 415(a)) (Sec. 6)
Adds the Shivwits Band of Paiutes to the list of tribes whose trust land may be leased for terms up to 99 years
Amends Section 1 of title 9, United States Code (Sec. 4)
Deems contracts/leases affecting the tribe's Indian lands or involving the tribe to be "commerce" under this arbitration-law definition
Amends Section 1331 of title 28, United States Code (Sec. 4)
Deems causes of action from such contracts or leases to be federal-question civil causes of action, allowing federal court jurisdiction
How implementation would work
The bill would take effect through its own definitions and jurisdictional grants rather than agency rulemaking. Utah state courts would gain authority to hear qualifying civil cases as soon as the Act is enacted, and federal courts would have jurisdiction over contract or lease disputes tied to the tribe's Indian lands under existing federal-question procedures. The leasing amendment would let the tribe negotiate and execute leases of trust land up to 99 years under the same federal leasing framework used for other listed tribes, without a new approval process created by this bill.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
Official CRS summary
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This bill confers legal jurisdiction to the State of Utah over certain civil cases involving the Shivwits Band of Paiutes. It also allows the tribe to lease its land held in trust. The tribe is located in southwestern Utah.
Specifically, the bill confers jurisdiction to the State of Utah over any civil cause of action (1) to which the Shivwits Band of Paiutes is a party, and (2) that arises on or within Indian lands. Under the bill, Indian lands are lands of the tribe that are (1) held in trust for the benefit of the tribe, or (2) subject to restrictions by the United States against alienation (i.e., sale or transfer).
Additionally, the bill specifies that any cause of action arising from any contract or agreement (including a lease) to which the tribe is party or that affects or arises on these Indian lands shall be deemed a civil cause of action. Therefore, this bill allows the tribe and third parties to resolve contract disputes in state court.
The bill also authorizes the tribe to lease its land held in trust for a term of up to 99 years.
Legislative subjects
Federal-Indian relations; Indian lands and resources rights; Jurisdiction and venue; Native Americans; Utah
Committee report
H. Rept. 119-514