Shivwits Band of Paiutes Jurisdictional Clarity Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3073 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3073

   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 HOUSE OF REPRESENTATIVES

                             April 29, 2025

  Ms. Maloy introduced the following bill; which was referred to the
                     Committee on Natural Resources

_______________________________________________________________________

                                 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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