Technical corrections only. The v4 version of the bill includes the name of the House Clerk and reflects its referral to the Senate Committee on Indian Affairs after passing the House. No substantive policy changes were made to the legislative text between v3 and v4.
Shivwits Band of Paiutes Jurisdictional Clarity Act
- Sponsor
- Rep. Maloy, Celeste [R-UT-2]
- Committees
- Indian Affairs Committee (primary)
- Last action
- Mar 17, 2026
Bottom line
The bill clarifies and expands the jurisdictional framework for civil disputes and economic activities involving the Shivwits Band of Paiutes, granting Utah state courts jurisdiction while also establishing federal court jurisdiction for certain matters and enhancing the Band's leasing powers.
What it actually does
This bill grants the State of Utah civil jurisdiction over causes of action involving the Shivwits Band of Paiutes that arise on their Indian lands. It also clarifies that contracts and agreements related to these lands or the Band are considered "commerce" for federal arbitration purposes and create federal question jurisdiction for federal courts. Additionally, it expands the Band's leasing authority for lands held in trust, allowing for longer lease terms.
Proponents argue
Proponents argue that this bill provides much-needed clarity and certainty in legal and economic matters for the Shivwits Band of Paiutes and the State of Utah. By defining jurisdiction, it reduces ambiguity, streamlines dispute resolution, and fosters economic development on tribal lands by making contracts more enforceable and attractive to external partners. It also empowers the Tribe by expanding their leasing authority.
Opponents contend
Opponents might express concerns that granting state civil jurisdiction could erode tribal sovereignty and self-governance, potentially subjecting tribal members and enterprises to state laws and courts in ways that undermine tribal judicial systems. While the bill explicitly preserves sovereign immunity, critics might argue that increased state involvement could still lead to unintended infringements on tribal autonomy and cultural practices.
The bill is very short and straightforward, allowing for a quick and comprehensive understanding of its provisions.
Section 3
Conferring State Civil Jurisdiction to Utah
This section grants the State of Utah civil jurisdiction over any legal disputes (civil causes of action) where the Shivwits Band of Paiutes is a party, provided these disputes originate on or within the Indian lands of the Band. This means that Utah state courts would have the authority to hear and decide such cases, providing a clear forum for resolving certain civil matters.
Supporters argue
Supporters argue this clarifies the legal landscape, providing a predictable forum for resolving civil disputes, which can benefit both tribal members and non-tribal entities interacting on Indian lands. This clarity can reduce litigation costs and encourage economic activity.
Critics contend
Critics might contend that this provision could undermine tribal court systems and tribal sovereignty, as it shifts jurisdiction from potentially tribal forums to state courts. They may argue it could lead to state laws being applied in ways that are not culturally appropriate or beneficial to the Tribe.
Tradeoffs
The tension lies between legal clarity and predictability for all parties versus the preservation of tribal self-governance and the authority of tribal courts.
Section 4
Establishing Federal Question Jurisdiction for Contracts
This section clarifies that any contract or agreement, including leases, involving the Shivwits Band of Paiutes or arising on their Indian lands, falls under the definition of "commerce" in federal law (Title 9, United States Code). Consequently, any legal dispute stemming from such contracts or agreements is considered a civil cause of action arising under federal law, granting federal courts jurisdiction over these matters, thereby providing a federal forum for contract enforcement.
Section 5
Affirmation of Tribal Sovereign Immunity
This section explicitly states that nothing in the Act abrogates (cancels or diminishes) the sovereign immunity of the Shivwits Band of Paiutes from unconsented lawsuits. It also affirms the Band's inherent authority to waive its sovereign immunity if it chooses to do so, ensuring that the jurisdictional changes do not inadvertently strip the Tribe of this fundamental protection and preserving their governmental status.
Section 6
Enhancing Shivwits Band Leasing Authority
This section amends existing federal law (25 U.S.C. 415(a)) to specifically include "land held in trust for the Shivwits Band of Paiutes" among the lands for which long-term leases (up to 99 years) can be approved by the Secretary of the Interior. This change provides the Band with greater flexibility and control over the economic development of their trust lands through extended leasing arrangements, making long-term projects more viable.