Congresswoman Malloy introduces Utah's Chibwits Band Jurisdictional Clarity Act

The U.S. House Committee on Natural Resources convened on May 21, 2025, to discuss several key legislative measures aimed at enhancing the rights and economic opportunities for Native American tribes. Among the most significant proposals was HR 3,073, the Shivwits Band of Paiutes Jurisdictional Clarity Act, introduced by Congresswoman Malloy. This bill seeks to clarify the jurisdiction of Utah State Courts over civil cases involving the Shivwits Band, particularly those occurring on their trust land.

The need for this legislation arises from a 2022 ruling by the Tenth Circuit Court of Appeals, which determined that Utah state courts lack jurisdiction over cases involving tribal conduct unless specific, often impractical, conditions are met. This ruling has created economic uncertainty for the Shivwits Band, hindering their ability to engage with outside investors and pursue vital economic development opportunities. By affirming state court jurisdiction, HR 3,073 aims to restore confidence in business agreements and attract investment to the tribe's lands.

In addition to HR 3,073, the hearing addressed other important bills, including HR 2,130, which seeks to streamline the Bureau of Indian Affairs' processing of mortgage applications for residential and business properties on Indian land. This legislation aims to improve housing availability and accessibility in Indian country, addressing long-standing issues faced by tribal communities.

Another notable proposal was HR 2,388, which would transfer approximately 10 acres of land managed by the National Park Service into trust for the Lower Elwha Klallam Tribe in Washington. This transfer is intended to protect sacred lands and support ongoing ecosystem restoration efforts.

The discussions also highlighted the challenges posed by recent federal budget proposals that threaten funding for the Bureau of Indian Affairs, raising concerns about the agency's ability to support tribal initiatives effectively.

Overall, the legislative hearing underscored a commitment to enhancing the legal and economic frameworks for Native American tribes, with a focus on fostering growth and stability in their communities. As these bills progress, they hold the potential to significantly impact the economic landscape for tribes like the Shivwits Band, enabling them to better leverage their resources and participate in broader economic opportunities.