Curtis pauses bill for Shivwits Band's 99-year land lease

IVINS, Washington County — Utah Sen. John Curtis has paused a congressional bill that would allow the Shivwits Band of Paiute the ability to enter into long-term land lease agreements with businesses for up to 99 years.

The Shivwits Band of Paiutes Jurisdictional Clarity Act, sponsored by Rep. Celeste Maloy and co-sponsored by Reps. Mike Kennedy and Burgess Owens, would also grant Utah state courts jurisdiction over civil disputes that arise on the band's trust lands that are leased in those agreements. The near-century-long lease would be a large extension of time, with federal law generally capping tribal land leases at 25 years.

A spokesperson for Sen. Curtis said in a statement provided to KSL that the bill was put on pause "due to concerns raised with the senator and our office."

"We are exercising due diligence to ensure we consider the issues from all perspectives before moving forward with the Shivwits Band of Paiutes Jurisdictional Clarity Act," the statement read. "The bill maintains the support of the Shivwits Band of Paiutes and the Paiute Indian Tribe of Utah. Our commitment to supporting their sovereignty and autonomy remains unchanged."

The issue of sovereignty has been raised by several members of the 300-plus-member band, with varied perspectives even within the band itself. And with a recent partnership with Black Desert Resort to build a resort on roughly 1,250 acres of reservation land, the voices within the band have become even more divided. The band council voted in favor of the bill, saying in a statement to KSL that it didn't take this decision lightly.

"As a sovereign tribal nation, the Shivwits Band has both the responsibility and the authority to make decisions that protect our land, our people, and our future," members of the band council wrote. "That responsibility guides every major decision the council makes.

"This partnership is about creating opportunity while maintaining stewardship of our culture and our homeland. Our goal is to ensure that the band continues to grow stronger, more self-sufficient, and better positioned to provide for future generations."

Patrick Manning, managing partner and developer of Black Desert Resort in Ivins, told KSL that from the beginning of the project, the focus has been on "responsible development that can create long-term economic opportunity while respecting cultural values and the land."

"That includes job creation, workforce pathways, infrastructure planning, and long-term economic benefits that can support the band's future," he said.

Supporters of the project estimate the resort could net the tribe as much as $149 million through leasing tribal land and water rights. The resort could also provide 135 jobs on the Shivwits Band of Paiute Reservation.

Band member Mary Snow, who runs the nonprofit organization Red Mountain Land Preservers, said that it wasn't until late last year that she heard about the bill. She said she learned about it after the partnership between the resort and the band was made. She said that after learning about the bill, she and other band members started to ask questions about the proposed resort.

"This bill has a lot of things riding on it, and we didn't know about it," Smith said. "Now I'm asking people in the surrounding communities to ask representatives to stop the bill. If we can't stop it, then at least send it back so the council can have a meeting about it and answer questions."

"My goal is to help the Shivwits people be heard," she continued. "This big development doesn't just affect Shivwits; it will affect Kayenta. It will affect Ivins. It will affect St. George. ... We want to be owners of our land, but we also wouldn't purposely put something big that could harm everybody there because that's not us. We have Native American values and it's difficult to navigate that in a world today."

The bill's pause does not prevent the band from entering into lease agreements, and the band council said it was hopeful that, with its passage, it would allow them to make investments it believes would be beneficial to the band.

"From our perspective, (the bill) supports self-determination and sovereignty," the band council said. "It helps remove uncertainty that can discourage responsible investment and makes it easier for the band to move forward on opportunities that serve its people, while still protecting the band's authority over its own affairs."

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