119-s1508

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1508

 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.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 29, 2025

 Mr. Curtis introduced the following bill; which was read twice and 
 referred to the Committee on Indian Affairs

_______________________________________________________________________

 A BILL

 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.

 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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