Engrossed in House — H.R. 3073

119th CONGRESS

2d Session

H. R. 3073

AN ACT

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.

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.