Shivwits Band of Paiutes Jurisdictional Clarity Act
Shivwits Band of Paiutes Jurisdictional Clarity Act
Plain Language Summary
# Shivwits Band of Paiutes Jurisdictional Clarity Act Summary **What the bill does:** This legislation would transfer certain legal authority from federal courts to Utah state courts. Specifically, it would allow Utah courts to handle civil lawsuits (non-criminal cases) involving the Shivwits Band of Paiutes tribe and disputes over their trust lands in southwestern Utah. The bill also grants the tribe the ability to lease its federally-held land, which it cannot currently do. **Who it affects:** The primary parties affected are the Shivwits Band of Paiutes (a Native American tribe in Utah), the State of Utah, and any businesses or individuals who have contracts or legal disputes with the tribe.
The change would shift decision-making power from the federal court system to state courts. **Current status:** The bill (S. 1508) is currently in committee and has not yet been voted on by the full Senate. It was introduced in the 119th Congress by Senator John Curtis (R-Utah).
CRS Official Summary
Shivwits Band of Paiutes Jurisdictional Clarity ActThis bill confers legal jurisdiction to the State of Utah over certain civil cases involving the Shivwits Band of Paiutes. It also allows the tribe to lease its land held in trust. The tribe is located in southwestern Utah.Specifically, the bill confers jurisdiction to the State of Utah over any civil cause of action (1) to which the Shivwits Band of Paiutes is a party, and (2) that arises on or within Indian lands. Under the bill, Indian lands are lands of the tribe that are (1) held in trust for the benefit of the tribe, or (2) subject to restrictions by the United States against alienation (i.e., sale or transfer).Additionally, the bill specifies that any cause of action arising from any contract or agreement (including a lease) to which the tribe is party or that affects or arises on these Indian lands shall be deemed a civil cause of action. Therefore, this bill allows the tribe and third parties to resolve contract disputes in state court.The bill also authorizes the tribe to lease its land held in trust for a term of up to 99 years.
Latest Action
Committee on Indian Affairs. Hearings held.