Shivwits Band of Paiutes Jurisdictional Clarity Act

Floor Speech

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Ms. MALOY. Madam Speaker, I rise today in support of my bill, H.R. 3073, the Shivwits Band of Paiutes Jurisdictional Clarity Act.

This narrow bill gives a Tribal neighbor a fair opportunity to pursue economic development and build a stronger future for their people.

My office has worked closely with leaders from the Shivwits Band of Paiutes to understand the challenges they are facing. This legislation is the result of those conversations and reflects the solutions the Tribe believes will help them move forward while serving their members.

The Shivwits Band wants to pursue economic opportunities on their lands, but the recent decision from the 10th Circuit Court of Appeals that has already been mentioned placed new barriers in the way, complicating, maybe even threatening, their economic plans.

The court held that even when a Tribe clearly waives sovereign immunity in a contract and consents to State court jurisdiction, State courts may still lack authority to hear disputes unless a series of additional requirements are met.

These requirements are not easy to meet.

Those hurdles created uncertainty for the Shivwits Band in attracting potential business partners. Without clarity for business partners, opportunities for the Band would be lost. Leaders from the Shivwits Band have spoken clearly on the need for a better path forward.

This is what they said in their own words:

``The Shivwits Tribe and local community leaders have found a new way forward: collaboration instead of conflict, and cooperation instead of contention. This bill allows the Tribe to align interests with potential business partners that can help drive economic development on Reservations.''

H.R. 3073 provides that path forward. It clarifies that Utah State courts can resolve certain civil disputes involving the Shivwits Band when those disputes arise from agreements where the Band has clearly and voluntarily waived sovereign immunity.

At the same time, the bill fully preserves Tribal sovereignty. Nothing in this legislation forces the Tribe to waive immunity. The choice remains entirely theirs.

Madam Speaker, for those reasons, I urge my colleagues to support H.R. 3073.

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