Shivwits Band of Paiutes Jurisdictional Clarity Act
The Shivwits Band of Paiutes Jurisdictional Clarity Act would reorganize where civil disputes involving the Shivwits Band on its lands can be heard. It gives the State of Utah civil jurisdiction over most non-contract civil actions to which the Shivwits Band is a party and that arise on or within Shivwits Indian lands. At the same time, it clarifies that contracts and leases affecting Shivwits lands fall under federal jurisdiction by treating such actions as federal civil matters arising under the Constitution, laws, or treaties of the United States. The bill also broadens who counts as the Shivwits Band for purposes of this act (including the tribal government, tribal enterprises, and certain corporations) and preserves tribal sovereign immunity. Additionally, it updates a 1955 leasing statute to explicitly cover land held in trust for the Shivwits Band, expanding their leasing authority. In short, the bill creates a clear division of forum for different types of civil disputes on Shivwits lands and strengthens (and clarifies) the tribe’s and Utah’s respective roles in those disputes, while maintaining tribal immunity and refining the tribe’s leasing authority.
Key Points
- 1Utah state civil jurisdiction: Utah shall have jurisdiction over any civil action involving the Shivwits Band that arises on or within Shivwits Indian lands and to which the Shivwits Band is a party.
- 2Federal jurisdiction for contracts/leases: Any contract or lease affecting or arising on Shivwits Indian lands, to which the Shivwits Band is a party, is treated as a federal (constitutional/law/treaty) matter under 28 U.S.C. 1331 and is connected to commerce.
- 3Expanded definition of Shivwits Band: The term includes the Shivwits Band government, any Shivwits tribal enterprise (including subsidiaries), and any corporations chartered under the Indian Reorganization Act, along with related subsidiaries.
- 4Sovereign immunity preserved: The act does not waive the Shivwits Band’s sovereign immunity from unconsented suits or its ability to waive immunity.
- 5Leasing authority updated: The leasing authority section of the 1955 Indian Lands Leasing Act is amended to include land held in trust for the Shivwits Band, in addition to land held in trust for the Confederated Tribes of the Chehalis Reservation.