S. 1508: Shivwits Band of Paiutes Jurisdictional Clarity Act

The Shivwits Band of Paiutes Jurisdictional Clarity Act is a proposed piece of legislation aimed at establishing the legal jurisdiction of the state of Utah over civil matters related to the Shivwits Band of Paiutes, an Indian tribe recognized by the federal government. Below are the key components of the bill:

1. Short Title

This Act may be referred to as the Shivwits Band of Paiutes Jurisdictional Clarity Act.

2. Definitions

Several terms related to the legislation are defined:

• Indian Lands: This refers to the lands held in trust by the U.S. government for the Shivwits Band of Paiutes or those lands with restrictions against sale imposed by the U.S.
• Shivwits Band of Paiutes: This includes the tribe itself, its governing body, its enterprises, and any associated corporations.

3. State Civil Jurisdiction

The bill grants the state of Utah jurisdiction over civil cases that involve the Shivwits Band of Paiutes and arise on their Indian lands. Specifically, Utah will have authority over:

• Any civil action involving the Shivwits Band of Paiutes as a party.
• Any civil action that occurs on the Indian lands of the Shivwits Band of Paiutes.

4. Federal Court Jurisdiction

It specifies that any contracts or agreements related to the Indian lands or involving the Shivwits Band of Paiutes are subject to federal jurisdiction. This includes:

• Contracts affecting the Indian lands are considered part of interstate commerce.
• Legal actions arising from any contract on Indian lands, or involving the Shivwits Band of Paiutes, will be viewed as arising under U.S. constitutional law.

5. Sovereign Immunity Not Abrogated

The Act preserves the sovereign immunity of the Shivwits Band of Paiutes. This means:

• The tribe cannot be sued without its consent.
• The tribe retains the right to waive its sovereign immunity if it chooses to do so.

6. Shivwits Band of Paiutes Leasing Authority

The bill also proposes a modification to existing legislation related to leasing authority, which will allow for leasing of land held in trust for the Shivwits Band of Paiutes.

Relevant Companies

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