Sponsors (3)
The bill clarifies the Shivwits Band's legal status and makes commercial and leasing rules more predictable—benefiting development and non‑tribal actors—while shifting dispute resolution toward state/federal fora and arbitration, which reduces tribal legal autonomy and can raise costs, uncertainty, and enforcement challenges.
Members of the Shivwits Band and their governing institutions gain clearer legal recognition and definitions of the Band, its enterprises, and trust/restricted lands, reducing uncertainty about who and what the Act covers.
Non‑tribal residents, businesses, and Utah state courts get more predictable rules for civil disputes on or involving Shivwits lands because Utah civil law and related state-court jurisdiction will apply in many cases.
Treating Band contracts as commerce and clarifying FAA applicability (and expanding federal-court access for certain contract disputes) increases enforceability and predictability of commercial agreements involving the Band.
Tribal members and institutions lose legal autonomy and forum choice because many civil disputes on Shivwits lands will be subject to Utah state courts and federal-law arbitration rules, reducing tribal-court authority and self-determination.
Shifting disputes to state or federal courts and applying the FAA risks increased legal costs, procedural complexity, and disadvantage for low‑income tribal members and small local parties who may lack resources or familiarity with those fora.
Subjecting tribal contracts to the Federal Arbitration Act can force arbitration clauses on tribal members, limit class actions, and reduce available remedies compared with tribal or some state courts.
Based on analysis of 12 sections of legislative text.
Gives Utah civil courts jurisdiction over civil actions arising on Shivwits Band Indian lands, treats related contracts as federal "commerce" for FAA and federal-question jurisdiction, and preserves tribal sovereign immunity.
Grants the State of Utah civil jurisdiction over civil lawsuits that arise on Shivwits Band Indian lands when the Band is a party, clarifies that contracts and leases involving the Band’s Indian lands count as "commerce" for the Federal Arbitration Act and as federal-question cases for federal court jurisdiction, and amends existing federal leasing authority language applicable to the Band. The Act also defines the Band and its enterprises and explicitly preserves the Tribe’s sovereign immunity from unconsented suits while leaving the Tribe free to waive that immunity voluntarily. No new funding, deadlines, or federal programs are created in the text provided.
Introduced April 29, 2025 by Celeste Maloy · Last progress March 17, 2026