119-HR3073

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 3073

1. Short title
2. Definitions
3. State civil jurisdiction
4. Federal court jurisdiction
5. Sovereign immunity not abrogated
6. Shivwits Band of Paiutes leasing authority

1. Short title

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

2. Definitions

Indian lands - 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.

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.

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.

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.

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".