H.R. 3073: Shivwits Band of Paiutes Jurisdictional Clarity Act

This bill, titled the Shivwits Band of Paiutes Jurisdictional Clarity Act, primarily seeks to clarify the jurisdictional authority between the state of Utah and the Shivwits Band of Paiutes, a federally recognized Indian Tribe. Here are the main points of what the bill intends to accomplish:

1. Definitions

The bill establishes certain key definitions:

• Indian lands: These are lands owned by the Shivwits Band of Paiutes that are either held in trust by the U.S. government or have restrictions against being sold.
• Shivwits Band of Paiutes: This refers to the federally recognized tribe, its governing body, and any commercial enterprises associated with it.

2. State Civil Jurisdiction

Utah will have the authority to handle civil lawsuits involving the Shivwits Band of Paiutes if:

• The Shivwits Band is a party to the lawsuit.
• The incident took place on the Indian lands of the tribe.

3. Federal Court Jurisdiction

The bill states that contracts or agreements related to the Shivwits Band and its lands will be considered part of interstate commerce. Therefore, any legal disagreements over these contracts will fall under federal jurisdiction, as outlined in U.S. law.

4. Sovereign Immunity

This legislation does not limit the sovereign immunity of the Shivwits Band of Paiutes, meaning that they cannot be sued without their consent. However, it allows the tribe the option to waive this immunity if they choose.

5. Leasing Authority

The bill modifies existing laws to clarify that the leasing authority, per a previous act, applies to lands held in trust for the Shivwits Band of Paiutes, ensuring their ability to engage in leasing agreements.

Relevant Companies

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