House passes bill for Shivwits Band's 99-year land lease with Black Desert Resort

IVINS, Washington County — A congressional bill allowing the Shivwits Band of Paiute the ability to enter into long-term land lease agreements with Black Desert Resort for up to 99 years has passed the House and will now move on to the Senate.

Shivwits Band of Paiutes Jurisdictional Clarity Act (H.R. 3037), sponsored by Rep. Celeste Maloy and co-sponsored by Reps. Mike Kennedy and Burgess Owens, was introduced on April 29, 2025, and passed the House on March 16.

Along with the near-century-long land leasing, the bill would grant Utah state courts jurisdiction over civil disputes that arise on the band's trust lands that are leased in those agreements.

In a statement given to the U.S. House of Representatives on March 16, Maloy said the bill "gives a tribal neighbor a fair opportunity to pursue economic development and build a stronger future for their people," adding that she worked closely with band leaders in developing this bill.

"This legislation is the result of those conversations and reflects the solutions the tribe believes will help them move forward while serving their members," Maloy said. "The Shivwits Band wants to pursue economic opportunities on their land."

The Shivwits Band of Paiute land is located in southwestern Utah, primarily in Washington County near Ivins, along Old Highway 91. It consists of over 28,000 acres, with some parcels near the Red Mountains.

As recently as last year, the band entered into a land lease agreement with Reef Capitol in partnership with Black Desert Resort, in a development that would feature a youth sports complex, hotel, meeting and event spaces, retail and dining options, and golf amenities.

Managing partner and developer of Black Desert Resort in Ivins, Patrick Manning, worked with the Shivwits Band in reaching that agreement. He said his understanding of the bill is that it would provide "clearer legal certainty around civil matters tied to agreements on Shivwits lands."

"That clarity is important for any major development because it helps all parties understand the framework they are working within and how disputes would be addressed if they ever arose," Manning said. "In practical terms, that kind of certainty can support responsible investment and long-term planning.

"Just as important, the bill is designed to preserve the band's sovereign immunity unless the band elects otherwise in a particular agreement," he continued. "From our standpoint, clarity and certainty help create a more stable foundation for a project that is intended to serve the band and the broader community over time."

The Shivwits Band Council expressed similar sentiments, adding that the bill "supports self-determination and sovereignty."

"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," the Band Council said in a statement to KSL.

Not all members of the Shivwits Band agree with the Clarity Act, however. Band member Mary Snow, who runs the nonprofit organization Red Mountain Land Preservers, said she is concerned about the band's sovereignty, adding that she worries about the permanence of large-scale developments — particularly with the potential for a 99-year lease.

"They're telling us that we don't have to go up to 99 years, but the thing is, that once this development is built, it's not going anywhere. So 99 years makes sense," Snow told KSL.

"In order for big companies to have businesses on federal land, those businesses don't want to have to go through tribal court. So they come with their deals and their agreements, and part of that agreement is you give up sovereignty, which is the protection of the federal government. Then they take you to state court and you lose sovereignty to that land."

H.R. 3037 has been sent to the U.S. Senate for further consideration, with no hearing date set as of yet.

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