Public Law 280
Encyclopedia
Public Law 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. (State v. Zaman, 1994)
The Act mandated a transfer of federal law enforcement authority within certain tribal
nations to state governments in six states: California
, Minnesota
(except the Red Lake Nation), Nebraska
, Oregon
(except the Warm Springs Reservation
), Wisconsin
(except later the Menominee Indian Reservation
) and, upon its statehood, Alaska
. Other states were allowed to elect similar transfers of power if the Indian tribes affected give their consent. Since then, Nevada
, South Dakota
, Washington, Florida
, Idaho
, Montana
, North Dakota
, Arizona
, Iowa
, and Utah
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, the FBI are the arms of a law enforcement system that enforces laws of tribes, states and the federal government.
Under the Act, states, local sheriff
s and state law enforcement agencies
take tribal members to state courts for prosecution in cases arising from criminal matters within reservation boundaries. But most tribal governments and pueblo
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
(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
cites violations of the United States Code
in a United States district court
. Tribal and pueblo police also enforce local codes in "non-PL 280" states.
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 together in a federation, surrendering their individual sovereignty and many powers to the central government while...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
establishing "a method whereby States may assume jurisdiction over reservation Indians," as stated by Arizona Supreme Court
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
Stanley G. Feldman. (State v. Zaman, 1994)
The Act mandated a transfer of federal law enforcement authority within certain tribal
Tribe
A tribe, viewed historically or developmentally, consists of a social group existing before the development of, or outside of, states.Many anthropologists use the term tribal society to refer to societies organized largely on the basis of kinship, especially corporate descent groups .Some theorists...
nations to state governments in six states: California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
(except the Red Lake Nation), Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
(except the Warm Springs Reservation
Warm Springs Indian Reservation
The Warm Springs Indian Reservation consists of 1,019.385 sq mi in north central Oregon, in the United States, and is occupied and governed by the Confederated Tribes of Warm Springs.-Tribes:...
), Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
(except later the Menominee Indian Reservation
Menominee Indian Reservation
The Menominee Indian Reservation is an Indian reservation located in northeastern Wisconsin for the Menominee.For the most part it is conterminous with Menominee County and the town of Menominee. However, there are many small pockets of territory within the county that are not considered to be...
) and, upon its statehood, Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
. Other states were allowed to elect similar transfers of power if the Indian tribes affected give their consent. Since then, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, Washington, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
, Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, and Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
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
Bureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
police, the FBI are the arms of a law enforcement system that enforces laws of tribes, states and the federal government.
Under the Act, states, local sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
s and state law enforcement agencies
Law enforcement agency
In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
take tribal members to state courts for prosecution in cases arising from criminal matters within reservation boundaries. But most tribal governments and pueblo
Pueblo
Pueblo is a term used to describe modern communities of Native Americans in the Southwestern United States of America. The first Spanish explorers of the Southwest used this term to describe the communities housed in apartment-like structures built of stone, adobe mud, and other local material...
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
Bureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
(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 Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
cites violations of the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
in a United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
. Tribal and pueblo police also enforce local codes in "non-PL 280" states.
See also
- Tribal sovereignty in the United States
- Indian Reorganization ActIndian Reorganization ActThe Indian Reorganization Act of June 18, 1934 the Indian New Deal, was U.S. federal legislation that secured certain rights to Native Americans, including Alaska Natives...
- Indian termination policyIndian termination policyIndian termination was the policy of the United States from the mid-1940s to the mid-1960s. The belief was that Native Americans would be better off if assimilated as individuals into mainstream American society. To that end, Congress proposed to end the special relationship between tribes and the...
External links
- Tribal Court Clearinghouse: Public Law 280
- Text of the statute
- Public Law 280 and Law Enforcement in Indian Country – Research Priorities, NCJ 209839, National Institute of Justice. (2005). U.S. Department of Justice