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Shivwits Band urges Congress to restore jurisdictional clarity, allow longer leases for economic development
Summary
Witnesses and lawmakers described HR 3073, which would affirm Utah state-court jurisdiction over civil cases involving the Shivwits Band on tribal trust land and permit longer leases to support investment. Tribal leaders said recent court rulings have deterred outside investors and stalled projects.
Representative (Ms.) Malloy introduced HR 3073, the Shivwits Band of Paiutes Jurisdictional Clarity Act, saying the bill responds to a Tenth Circuit decision that has created uncertainty about whether tribes may consent to state-court jurisdiction for contract disputes on Indian lands.
"The legislation addresses an urgent issue created by a recent decision from the Tenth Circuit Court of Appeals," Representative Malloy said, explaining that the court's ruling imposed procedural requirements — including congressional authorization among other barriers — that make…
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