Public Law 280
   HOME

TheInfoList



OR:

Public Law 280 (, August 15, 1953, codified as , , and ), is a
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many ...
of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
establishing "a method whereby States may assume jurisdiction over reservation Indians," as stated in '' McClanahan v. Arizona State Tax Commission''. 411 U.S. 164, 177 (1973). The Act mandated a transfer of federal law enforcement authority within certain
tribal The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide usage of the term in English is in the discipline of anthropology. This definition is contested, in part due to conflic ...
nations to state governments in six states:
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over t ...
(except the Red Lake Nation and Mille Lacs Band of Ojibwe),
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
,
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
(except the
Warm Springs Reservation The Warm Springs Indian Reservation consists of in north-central Oregon, in the United States, and is governed by the Confederated Tribes of Warm Springs. Tribes Three tribes form the confederation: the Wasco, Tenino (Warm Springs) and P ...
),
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
(except later the
Menominee Indian Reservation The Menominee Indian Reservation is an Indian reservation located in northeastern Wisconsin held in trust by the United States for the Menominee Tribe of Wisconsin. It is the largest Indian reservation east of the Mississippi River. In the Menomin ...
) and, upon its statehood,
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...
. Other states were allowed to elect similar transfers of power if the Indian tribes affected give their consent. Since then,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
,
Idaho Idaho ( ) is a U.S. state, state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Monta ...
,
Iowa Iowa () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wiscon ...
,
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
,
North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, ...
,
South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large po ...
,
Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its ...
, and
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
have assumed some jurisdiction over crimes committed by tribal members on tribal lands. The Act added to a complex matrix of jurisdictional conflict that defined tribal governance at the end of the 20th century. In various states, local police, tribal police, BIA police, and the FBI are the arms of a law enforcement system that enforces laws of tribes, states and the federal government. The Act also added that tribe cannot put non-natives on trial, even when crime occurs on reservation land. Under the Act, states, local
sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
s and state
law enforcement agencies A law enforcement agency (LEA) is any government agency responsible for the enforcement of the laws. Jurisdiction LEAs which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction. LEA ...
take tribal members to state courts for prosecution in cases arising from criminal matters within reservation boundaries. But most tribal governments and
pueblo In the Southwestern United States, Pueblo (capitalized) refers to the Native tribes of Puebloans having fixed-location communities with permanent buildings which also are called pueblos (lowercased). The Spanish explorers of northern New Spain ...
s have also adopted their own codes, and administer court systems to adjudicate violations of the code. In states where the Act has not been applied,
Bureau of Indian Affairs The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to American Indians and A ...
(BIA) police respond to major crimes on reservations or pueblos. The FBI joins in investigations of the most serious criminal matters such as murders or kidnappings. In those states, when allegations against tribal members arise from crimes on a reservation, the
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
cites violations of the
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
in a
United States district court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...
. Tribal and pueblo police also enforce local codes in "non-PL 280" states.


Notes


Reference list


See also

*
Tribal sovereignty in the United States Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian trib ...
*
Indian Reorganization Act The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian ...
*
Indian termination policy Indian termination is a phrase describing United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream ...


External links


Tribal Court Clearinghouse: Public Law 280


NCJ 209839, National Institute of Justice. (2005). U.S. Department of Justice {{Native American rights 1953 in law United States federal Native American legislation 83rd United States Congress United States federal legislation articles without infoboxes