[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.
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