Shivwits Band of Paiutes Jurisdictional Clarity Act
Description
This bill would grant Utah jurisdiction over certain civil cases involving the Shivwits Band of Paiutes and allow 99-year tribal leases.
Summary
What it does
This bill would grant the State of Utah legal jurisdiction over civil lawsuits involving the Shivwits Band of Paiutes that arise on the tribe's trust or restricted lands. This change would allow the tribe and third parties to resolve contract disputes and other civil matters within the state court system. Additionally, the legislation proposes to authorize the tribe to lease its trust lands for terms lasting up to 99 years.
Who is affected
This bill directly affects the Shivwits Band of Paiutes and the State of Utah by conferring state legal jurisdiction over certain civil cases and contract disputes arising on tribal lands. It also impacts third parties entering into agreements with the tribe by allowing these disputes to be resolved in Utah state courts. Additionally, the tribe is granted the authority to lease its trust lands for terms lasting up to 99 years.
Key provisions
- Grant of Civil Jurisdiction to the State of Utah. The bill grants the State of Utah legal jurisdiction over civil causes of action involving the Shivwits Band of Paiutes that arise on or within Indian lands.
- State Court Resolution for Contract and Lease Disputes. The legislation specifies that disputes arising from contracts or agreements, including leases involving the tribe or tribal lands, are considered civil causes of action subject to state court resolution.
- Authorization for Long-Term Land Leases. The bill authorizes the Shivwits Band of Paiutes to lease its trust lands for terms lasting up to 99 years.
- Definition of Applicable Indian Lands. The jurisdiction applies to tribal lands that are either held in trust by the federal government for the tribe or are subject to federal restrictions against sale or transfer.
Fiscal impact
Not applicable: No CBO cost estimate available
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
This bill modifies the legal framework governing the Shivwits Band of Paiutes by transferring civil jurisdiction over certain cases and contract disputes from federal or tribal oversight to the State of Utah. It also expands the tribe's existing land management authority by authorizing trust land leases for terms of up to 99 years.
Stated purpose
The bill aims to clarify legal jurisdiction by granting the State of Utah authority over civil cases involving the Shivwits Band of Paiutes that arise on tribal lands, including contract disputes. Additionally, it seeks to expand the tribe's land management capabilities by authorizing the leasing of trust lands for terms of up to 99 years.