Shivwits Band of Paiutes Jurisdiction Act

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The Shivwits Band of Paiutes Jurisdictional Clarity Act: A New Era for Native American Lands

Direct Link: H.R. 3073 IH

Section 1: Short Title

This Act may be cited as the ‘‘Shivwits Band of Paiutes Jurisdictional Clarity Act’’.

Section 2: Definitions

  1. In this Act:
  2. (1) Indian Lands.—The term ‘‘Indian lands’’ means lands of the Shivwits Band of Paiutes that are— (A) held in trust by the United States for the benefit of the Shivwits Band of Paiutes; or (B) subject to a restriction against alienation imposed by the United States.
  3. (2) Shivwits Band of Paiutes.—The term ‘‘Shivwits Band of Paiutes’’ means— (A) the Shivwits Band of Paiutes, a federally recognized Indian Tribe restored by Congress pursuant to the Paiute Indian Tribe of Utah Restoration Act (Public Law 96–227; 94 Stat. 317); (B) the recognized governing body of the Shivwits Band of Paiutes;
  4. (C) any Shivwits Tribal enterprise, including any commercial activity, business, or entity managed, controlled, or operated by the Shivwits Band of Paiutes, and any subsidiaries thereto;
  5. (D) any corporation chartered by the Shivwits Band of Paiutes under section 17 of the Act of June 18, 1934 (commonly known as the ‘‘Indian Reorganization Act’’ ) (48 Stat. 317); and
  6. any subsidiary thereof.

Section 3: State Civil Jurisdiction

The State of Utah shall have jurisdiction over any civil action brought against the Shivwits Band of Paiutes or its members, except in cases where the band has waived its sovereign immunity or in cases involving disputes between the band and another entity.

Section 4: Sovereign Immunity Not Abrogated

Nothing in this Act abrogates— (1) the sovereign immunity of the Shivwits Band of Paiutes from unconsented suit; or (2) the authority of the Shivwits Band of Paiutes to waive that sovereign immunity.

Section 5: Shivwits Band of Paiutes Leasing Authority

The first section of the Act of August 9, 1955, is amended by inserting ‘‘land held in trust for the Shivwits Band of Paiutes’’ after ‘‘land held in trust for the Confederated Tribes of the Chehalis Reservation’’.

What Does This Act Mean?

This landmark legislation aims to clarify the jurisdictional boundaries between the State of Utah and the Shivwits Band of Paiutes, ensuring that Native American lands are protected from unconsented suits and allowing for more efficient and effective management of these lands.

References

https://www.govinfo.gov/app/details/BILLS-119hr3073ih