Shivwits Band of Paiutes Jurisdictional Clarity Act

Floor Speech

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Mr. WITTMAN. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 3073) to confer jurisdiction on the State of Utah with respect to civil causes of action arising on or within the Indian lands of the Shivwits Band of Paiutes, and for other purposes.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 3073

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Shivwits Band of Paiutes Jurisdictional Clarity Act''. SEC. 2. DEFINITIONS.

In this Act:

(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.

(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;

(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; and

(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. 988, chapter 576; 25 U.S.C. 5124), and any subsidiaries thereto. SEC. 3. STATE CIVIL JURISDICTION.

The State of Utah shall have jurisdiction over any civil cause of action--

(1) to which the Shivwits Band of Paiutes is a party; and

(2) that arises on or within the Indian lands. SEC. 4. FEDERAL COURT JURISDICTION.

(a) In General.--Any contract or agreement, including a lease, affecting or arising on the Indian lands, or to which the Shivwits Band of Paiutes is a party, shall be considered within the meaning of ``commerce'' as defined in section 1 of title 9, United States Code.

(b) Causes of Action.--Any cause of action arising from any contract or agreement, including a lease, affecting or arising on the Indian lands, or to which the Shivwits Band of Paiutes is a party, shall be deemed to be a civil cause of action arising under the Constitution, laws, or treaties of the United States within the meaning of section 1331 of title 28, United States Code. SEC. 5. 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. SEC. 6. SHIVWITS BAND OF PAIUTES LEASING AUTHORITY.

Subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a)), is amended, in the second sentence, 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''.

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Mr. WITTMAN. 3073, the bill now under consideration.

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Mr. WITTMAN. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, in 2022, a 10th Circuit Court of Appeals case studied the Shivwits Band of Paiutes accordingly due to the opportunity for economic development when the court ruled that Utah State courts lacked the jurisdiction to hear cases involving on-reservation conduct. If an issue were to arise between the Tribe and an outside investor, there would be no guarantee that a State court could intervene. As a result, outside groups have grown hesitant to work with the Shivwits Band.

H.R. 3073, the Shivwits Band of Paiutes Jurisdictional Clarity Act introduced by Ms. Maloy of Utah would clarify in statute that the Utah State courts hold jurisdiction over civil cases involving members of the Shivwits Band on their Tribal land. In addition, this legislation would follow congressional precedent by amending the Long-Term Leasing Act to allow the Shivwits Band to lease land held in trust for up to 99 years.

I commend Ms. Maloy for her work on behalf of her constituency.

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Mr. WITTMAN. Madam Speaker, I yield 3 minutes to the gentlewoman from Utah (Ms. Maloy), the lead sponsor of this bill.

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Mr. WITTMAN. Madam Speaker, I have no further requests for time. I am prepared to close, and I continue to reserve the balance of my time.

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Mr. WITTMAN. Madam Speaker, H.R. 3073 ensures that the Shivwits Band of Paiutes' sovereignty remains intact, while offering legal certainty in economic development with outside investors. Additionally, the Tribe would be able to lease its land for up to 99 years, as Congress has previously done for many other Tribes, creating new economic opportunities for the Tribe, which are well-deserved.

Madam Speaker, I thank Ms. Maloy for her work. I urge the passage of H.R. 3073, and I yield back the balance of my time.

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