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Topic: Public Law 280

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	public law 280 (Site not responding. Last check: 2007-11-06)
		Public Law 280 is a federal statute enacted by Congress in 1953.
		Essentially, Public Law 280 was an attempt by the federal government to reduce its role in Indian affairs.
		Although Public Law 280 was amended in 1968 requiring the consent of the tribe, consent was not required for states that had assumed jurisdiction up to 1968.
	www.humanities.uci.edu /IDP/nativeam/pl280.html (276 words)

	Public Law 280 - Wikipedia, the free encyclopedia
		Public Law 280 (actually P.L. 83-280) is a federal law of the United States establishing "a method whereby States may assume jurisdiction over reservation Indians," as stated by Arizona Supreme Court Justice Stanley G. Feldman.
		Public Law 280 added to a complex matrix of jurisdictional conflict that defined tribal governance at the end of the 20th century.
		In states where Public Law 280 has not been applied, BIA police respond to major crimes on reservations or pueblos, and the FBI joins in investigations of the most serious criminal matters such as murders or kidnappings.
	www.wikipedia.org /wiki/Public_Law_280 (295 words)

	Public Law 280
		Public Law 83-280 (commonly referred to as Public Law 280 or PL 280) was a transfer of legal authority (jurisdiction) from the federal government to state governments which significantly changed the division of legal authority among tribal, federal, and state governments.
		Public Law 83-280, the 280th Public Law enacted by the 83rd Congress in 1953 (2), was a substantial transfer of jurisdiction from the federal government to the states in Indian country.
		Public Law 280 was enacted in the 1950’s - a period of termination and assimilation in Indian country - and it must be examined and understood within the context of the time period in which it was enacted.
	www.aidainc.net /Publications/pl280.htm (4695 words)

	American University Law Review
		Public Law 280 fundamentally disrupted the traditional allocation of Indian country law enforcement responsibility among the federal, state, and tribal governments by authorizing six states-Minnesota, Alaska, California, Nebraska, Wisconsin, and Oregon (known as the "mandatory states") -to assume partial Federal Government criminal and civil jurisdictional responsibilities over Indian country.
		She asserts that as the import and effect of Public Law 280 are misconstrued and misapplied, members of Indian tribes in Public Law 280 states suffer both abuses of authority by state governments and a lack of law enforcement responsiveness.
		The ambiguous language used in the Act, the "sparse legislative history," the fact that the law was enacted during a period of antagonism toward tribal self-government, and the lack of a conclusive ruling by the Supreme Court on the complete jurisdictional effect of Public Law 280, have caused the confusion to proliferate.
	www.wcl.american.edu /journal/lawrev/47/jimenez.cfm (1433 words)

	National Indian Law Library, Indian Law Bulletins, Unreported Case, State of Iowa v. Lasley
		Public Law 280 expressly granted six states, not including Iowa, criminal and civil jurisdiction over specified areas of Indian country within the states and provided for the assumption of such jurisdiction by other states.
		The civil laws of this state shall obtain on the settlement and shall be enforced in the same manner as elsewhere throughout the state.
		In contrast, the purpose of the fireworks laws is not to generate income, but rather to prohibit their general use and possession in a legitimate effort to promote the safety and health of all citizens.
	www.narf.org /nill/bulletins/state/unreported/lasley.html (5001 words)

	Indian Gaming
		A law passed by Congress in 1953, commonly known as Public Law 280, was relied upon as the Congressional authorization for the extension of state criminal law to Indian reservations.
		Public Law 280 authorized some states to extend their criminal laws to Indians on reservations and also authorized state courts to hear and decide cases arising on reservations where one or both of the parties were Indian.
		The question of whether Public Law 280 authorized the application of state laws to Indian gaming facilities was decided by the United States Supreme Court in a case between the State of California and the Cabazon Band of Mission Indians.
	library.findlaw.com /1999/Jan/1/241489.html (1963 words)

	[No title]
		In 1953, Congress enacted Public Law 83-280 conferring jurisdiction over most criminal and civil actions arising in Indian country to the courts in five particular states including Minnesota with the exception of the Red Lake Indian reservation.
		One of the objectives of Public Law 280 was to reduce federal costs for tribal law enforcement by turning those functions over to state and county governments.
		Laws enacted after the passage of Public Law 280, such as the Indian Child Welfare Act, permitted all tribal courts, including those in Public-Law-280 states, to exercise substantial jurisdiction both inside and outside Indian country.
	www.prairieisland.org /tribal_court.htm (337 words)

	Excerpts from Ninth Circuit Court of Appeals Ruling : ICT [2002/01/17]
		An analysis of the jurisdictional reach of Public Law 280 necessarily must be taken against the backdrop of the Indian sovereignty doctrine.
		Public Law 280 was adopted by Congress in response to the concern over the lawlessness on Indian reservations.
		Reading the plain language of the statute and applying long-established canons of construction relevant to Indian law cases, the United States Supreme Court and the Ninth Circuit have interpreted Public Law 280 to extend jurisdiction to individual Indians and not to Indian tribes.
	www.indiancountry.com /content.cfm?id=1011064894 (654 words)

	[No title]
		Thus, clarification of the law with respect to South Dakota would not affect the situation in Nebraska; because the Tribe has consented to the jurisdictional situation, Nebraska's situation is much closer to Yakima than the case at hand.
		Public Law 280 expressly provides that federal jurisdiction no longer applies in areas where jurisdiction was ceded to mandatory States.
		Nothing in Public Law 280 suggests it was intended to divest the tribes of their inherent criminal jurisdiction.
	www.usdoj.gov /osg/briefs/1990/sg900213.txt (3516 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Public Law 280, as amended, became the law in 1954, nearly seven years before the Termination Act became fully effective in 1961.
		Public Law 280 must therefore be considered in pari materia with the Termination Act.
		The Treaty of Wolf River was, under Article VI of the Constitution, the "supreme law of the land," and the exercise of rights on reservation lands guaranteed to the tribe by the Federal Government would not be subject to state regulation, at least in absence of a cession by Congress.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=us&vol=391&invol=404 (3729 words)

	Untitled Document
		Public Law 280 expressly addressed criminal jurisdiction within tribal boundaries in Minnesota and five other states, for the purposes of combating the problem of lawlessness on certain reservations and the lack of adequate tribal law enforcement.
		She maintains that by the enactment of Public Law 280 âCongress clearly, and explicitly, ordered the State of Minnesota to assume jurisdiction over criminal law on Indian reservations,â and, therefore, Minnesota is barred from assigning the jurisdiction conferred on it to Indian tribes.
		While Manypenny is correct in her assertion that Public Law 280 expressly demonstrates Congressâs intention that Minnesota assume jurisdiction of criminal matters, the existence of the cooperative agreement does not necessarily mean that Minnesota has surrendered jurisdiction to the Band.
	www.minnlawyer.com /opinions/040705/cx02855.htm (3254 words)

	97-1442 -- U.S. v. Burch -- 03/04/1999
		This law was amended in 1968 to omit the requirement of affirmative legislative action and to require the consent of the Indian tribe by special election before a state could assume jurisdiction.
		Public Law 98-290 provides that Colorado's exercise of jurisdiction should be "as if" the state had assumed jurisdiction pursuant to Public Law 280, as amended.
		Public Law 280, in turn, grants the named states exclusive jurisdiction over offenses occurring in identified portions of Indian country, expressly stating that the Indian Major Crimes Act does not apply to those areas.
	www.kscourts.org /ca10/cases/1999/03/97-1442.htm (2543 words)

	Attorney General - Opinion Archives (Site not responding. Last check: 2007-11-06)
		Public Law 280, enacted by Congress in 1953, did make a specific delegation of jurisdiction to Nebraska and four other states granting those states authority over criminal and civil matters arising within Indian country located within their borders.
		In 1968 Congress amended Public Law 280 to provide the states a means to give back to the federal government "all or any part of the criminal or civil jurisdiction, or both" which the states had acquired under the original Public Law 280.
		If state law allows certain types of gambling and merely regulates it (with incidental criminal penalties to enforce the regulatory aspects), then it is likely that this would be deemed a state civil regulatory scheme which may not be enforced in Indian country irrespective of Public Law 280.
	www.ago.state.ne.us /local/opinion/?topic=details&id=872 (2807 words)

	.: Print Version :.
		That law ---- Public Law 280, passed by the federal government in 1953 ---- gives Indians the right to sue other Indians, but is also contested by some tribes, including Pechanga, which says it tramples on their sovereignty rights.
		Public Law 280 was enacted by Congress, taking authority from the federal government and giving it to states in what was known as "Indian country" at the time, according to American Indian Development Associates, an organization assisting tribes with education, health and justice issues.
		The tribes felt the law was an affront to their status as sovereign nations, a feeling that still resonates, as evidenced by the Pechanga defendants' response to being sued by the disenrolled members.
	www.nctimes.com /articles/2005/07/10/news/californian/7905192352.prt (1425 words)

	American Indian Sovereignty (Site not responding. Last check: 2007-11-06)
		And this provision is retained principally on the ground that it may be unsafe to trust Indian law in the early stages of their government.
		The principle of estoppel is a general principal of law recognized by civilized nations, as defined by Article 38(1)(c) of the Statute of the International Court of Justice, and as a source of the law of nations.
		Public Law 280: Passed in 1953, P.L. 280 ushered in the termination phase of federal Indian affairs.
	law.gsu.edu /nsaito/law7278/AIS/uslaw.htm (1409 words)

	Fort Hall Indian Reservation Issues
		Public Law 280 did not require the consent of the Tribes in order for the state to assume jurisdiction.
		This failure to obtain consent, although not required by Public Law 280, is a primary point of contention with tribal members regarding the exercise of state jurisdiction on the Reservation.
		Because of the lack of clear federal statutes and consistent case law, the various Indian tribes and the state and local governments are often left to themselves to attempt to reach a workable resolution to jurisdictional issues.
	www.co.bingham.id.us /Prosecutor/tribal_issues1.htm (1010 words)

	Wis.LIRC ER Decision: Ninham, Susan - June 25, 1991 - Procedure - Coverage of WFEA - Indian Tribes, tribal ...
		On October 2, 1990, after a hearing on Ninham's complaint, the Department (by Administrative Law Judge John Grandberry) issued its decision, concluding that both the Tribe and Johns unlawfully refused to employ Ninham as a lifeguard because she was pregnant.
		The Tribe's sovereign immunity was not waived by the enactment of Public Law 280, 28 U.S.C. Sec.
		Public Law 280 permits states to exercise jurisdiction "over civil causes of action between Indians or to which Indians are parties.
	www.dwd.state.wi.us /LIRC/erdecsns/353.htm (2095 words)

	Oklahoma Tax Comm'n v. Potawatomi Tribe, 498 U.S. 505 (1991)
		Public Law 280 merely permits a State to assume jurisdiction over "civil causes of action" in Indian country.
		We have never held that Public Law 280 is independently sufficient to confer au- thority on a State to extend the full range of its regulatory authority, including taxation, over Indians and Indian res- ervations.
		Thus, it is simply incorrect to conclude that Public Law 280 was the essential (yet unspoken) basis for this Court's decision in Colville.
	supct.law.cornell.edu /supct/html/89-1322.ZO.html (2152 words)

	Middletown Workers' Comp Decision (Site not responding. Last check: 2007-11-06)
		Bryan thoroughly examined the legislative history of Public Law 280 and acknowledged the canons of construction applicable to congressional statutes claiming to terminate native American Indian immunities.
		280 and is embodied in [ § 1162].
		In Tibbetts, the Minnesota Workers' Compensation Court of Appeals determined that Public Law 280 constituted a congressional waiver of a tribal employer's sovereign immunity from state workers' compensation liability for its employees.
	www.cfk.com /decision.html (4840 words)

	American Indian Communities in Minnesota - Tribal and State Jurisdiction over Civil Cases
		Under Public Law 280, a distinction is made between a civil law of general application (for which the state will have jurisdiction) versus a civil regulatory law (for which the state will not have jurisdiction).
		Also, it is important to note that Public Law 280 only confers jurisdiction for a statewide law, and does not apply to local ordinances, which do not apply on reservations.
		However, the court held that the state did have jurisdiction to enforce the law dealing with underage consumption of alcohol, finding that it was a criminal law for purposes of Public Law 280 rather than a state regulatory provision.
	www.senate.leg.state.mn.us /departments/scr/report/bands/CIVIL.HTM (760 words)

	Concurrent Tribal Authority Under Public Law 83-280
		P.L. 280 conferred jurisdiction on certain states over most or all of Indian country within their borders and suspended enforcement of the Major Crimes Act, 18 U.S.C., and the General Crimes Act (or Inter-racial Crimes Act), 18 U.S.C., in those areas.
		The basic intent of the criminal law section was to substitute state for federal jurisdiction under the Indian Country Crimes Act and the Major Crimes Act.
		The courts have construed Public Law 280 to leave substantial governmental authority with the tribes, holding that the statute should only be interpreted to delegate to the states that jurisdiction which Congress clearly intended to transfer.
	www.tribal-institute.org /LISTS/concurrent_tribal.htm (2216 words)

	Bishop Paiute Tribe v. County of Inyo
		Public Law 280 grants certain states jurisdictional authority to enforce state criminal laws and limited civil laws over individual Indians in Indian country.
		California law explicitly states that the district attorney and the sheriff are county officers.
		Public Law 280, by its terms, legislative history, and analysis in case law, does not confer criminal jurisdiction to the states over sovereign Indian tribes.
	www.law.com /regionals/ca/opinions/jan/0115007.shtml (7191 words)

	The National Center for State Courts - Home Page (Site not responding. Last check: 2007-11-06)
		Under Public Law 280, affected states received criminal jurisdiction over reservation Indians and those state courts became open to civil litigation that previously had been possible only in tribal or federal courts.
		Some states abide by Public Law 280, others wrote it into their statutes but do not enforce it, and other states have no mention of Public Law 280 in their statutes.
		The codes are a combination of traditional and western law, and the tribal courts strive to arrive at outcomes that preserve the traditional values of their tribe, such as cultural preservation and community cohesiveness.
	www.ncsconline.org /WC/FAQs/TribCtFAQ.htm (1264 words)

	Pocatello Idaho State Journal (Site not responding. Last check: 2007-11-06)
		POCATELLO - Pocatello attorney Paul Echohawk said while a new agreement among city, county and tribal law enforcement agencies outlines protocol to enhance joint law enforcement operations on the reservation is a step in the right direction, it does not resolve the ongoing jurisdiction controversy.
		According to Idaho State Code, Public Law 280 gives the state concurrent or shared jurisdiction with tribal authorities over compulsory school attendance, juvenile delinquency and youth rehabilitation, mental illness, child abuse and neglect, public assistance, domestic relations and motor vehicle operation on all roads maintained by the county or state.
		He added that the law is in conflict with the state's Constitution which declares the people of Idaho will forever disclaim all right and title to Indian land and it will remain under the absolute jurisdiction of the U.S. Congress.
	www.journalnet.com /articles/2005/02/14/news/local/news09.txt (687 words)

	OSCN Found Document:Ahboah v. Housing Authority of Kiowa Tribe of Indians
		A primary canon of construction of Indian law is that ambiguous provisions are to be construed for the benefit of Indians.
		Certainly the Secretary of the Interior is convinced that this is the proper interpretation of Public Law 280.
		Public Law 280 § 2 conferred jurisdiction on the mandatory states.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=9475 (4660 words)

	[No title]
		The current states in which Public Law 280 applies are: Alaska (except for the retention of concurrent criminal jurisdiction by the Metlakatla Indian Community), California, Oregon (except Warm Springs), Nebraska, and Minnesota (except Red Lake Band), Wisconsin.
		Public Law 280 should have no impact on Indian gaming which is now governed by the Indian Gaming Regulatory Act.
		Under the law, reservations were broken up and land (usually 80 acres for farming or 120 acres for grazing) was "allotted" to Indian families.
	law.shu.edu /faculty/visiting_faculty/taylorsc/statutes.doc (2210 words)

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