S. 1508 — Shivwits Band of Paiutes Jurisdictional Clarity Act

This section establishes definitions for purposes of the Act, including (1) “Indian lands” as lands of the Shivwits Band of Paiutes held in trust by the United States for the tribe or subject to a restriction against alienation imposed by the United States; and (2) “Shivwits Band of Paiutes” as the federally recognized tribe restored under the Paiute Indian Tribe of Utah Restoration Act (Public Law 96-227), its recognized governing body, any tribal enterprise or subsidiary, and any corporation chartered by the tribe under section 17 of the Indian Reorganization Act (25 U.S.C. 5124) or subsidiary thereto.

This section deems any contract or agreement, including a lease, affecting or arising on the Indian lands of the Shivwits Band of Paiutes or to which the band is a party to (1) constitute "commerce" as defined in the Federal Arbitration Act (9 U.S.C. 1); and (2) give rise to causes of action deemed to arise under the Constitution, laws, or treaties of the United States for purposes of federal question jurisdiction (28 U.S.C. 1331). (Thus, federal district courts have original jurisdiction over such causes of action.)

This section adds land held in trust for the Shivwits Band of Paiutes to the list of specified Indian reservations and trust lands eligible for leases exceeding 25 years (from the general 25-year maximum), with Secretary of the Interior approval. (As background, the statute authorizes leases of restricted Indian lands for public, religious, educational, recreational, residential, business, grazing, or certain farming purposes.)