SHIVWITS BAND OF PAIUTES JURISDICTIONAL CLARITY ACT

SHIVWITS BAND OF PAIUTES JURISDICTIONAL CLARITY ACT

Congressional Record, Volume 172 Issue 47 (Monday, March 16, 2026) [Congressional Record Volume 172, Number 47 (Monday, March 16, 2026)] [House] [Pages H2514-H2516] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SHIVWITS BAND OF PAIUTES JURISDICTIONAL CLARITY ACT 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. [[Page H2515]] 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''. The SPEAKER pro tempore (Mrs. Kim). Pursuant to the rule, the gentleman from Virginia (Mr. Wittman) and the gentlewoman from Maryland (Ms. Elfreth) each will control 20 minutes. The Chair recognizes the gentleman from Virginia. General Leave Mr. WITTMAN. Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 3073, the bill now under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia? There was no objection. 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. I support this bill, and I reserve the balance of my time. Ms. ELFRETH. Madam Speaker, I yield myself such time as I may consume. I rise in support of H.R. 3073, offered by my friend from Utah Representative Maloy. H.R. 3073 would confer civil jurisdiction to the State of Utah over actions arising on or within the lands of the Shivwits Band of Paiutes. Under this legislation, these civil causes of action could be heard in Utah State courts, providing both the Tribe and outside partners with a clear forum to resolve disputes. The bill also amends the Long-Term Leasing Act to allow the Shivwits Band to lease their lands for up to 99 years. Similar amendments have been enacted for a number of other Tribes, and this bill provides the Shivwits Band with that same authority. Madam Speaker, I urge support for the bill to help address challenges the Shivwits Band has faced in pursuing economic development opportunities, and I reserve the balance of my time. Mr. WITTMAN. Madam Speaker, I yield 3 minutes to the gentlewoman from Utah (Ms. Maloy), the lead sponsor of this bill. 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. {time} 1650 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. 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. Ms. ELFRETH. Madam Speaker, in closing, I, again, commend my colleague from Utah. I urge my colleagues to support this legislation, and I yield back the balance of my time. 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 [[Page H2516]] 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. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Virginia (Mr. Wittman) that the House suspend the rules and pass the bill, H.R. 3073. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill was passed. A motion to reconsider was laid on the table. ____________________

Referenced legislation: HR3073, HR3073