Public Law 280

What happened

Before 1953, states generally lacked power to prosecute most crimes on Indian reservations. Public Law 280, approved August 15, 1953, changed that for several states. Its criminal section gave each listed state jurisdiction "over offenses committed by or against Indians" in the listed Indian country, "to the same extent that such State has jurisdiction over offenses committed elsewhere within the State." As first enacted the list was California, Minnesota, Nebraska, Oregon and Wisconsin, each for "all Indian country within the State," with exceptions for the Red Lake, Warm Springs and Menominee Reservations.

A civil section gave the same states power over civil causes of action between Indians or to which Indians are parties. Section 7 let any other state assume jurisdiction by its own legislative action. The Act also contained a protection: nothing in it authorizes taxing trust property or deprives any Indian of rights under federal treaty "with respect to hunting, trapping, or fishing."

The Supreme Court read the civil grant narrowly in Bryan v. Itasca County (1976). It said the primary concern of Congress, as it emerges from the sparse legislative history, was the problem of lawlessness on certain reservations and the absence of adequate tribal institutions for law enforcement.

Congress changed the rules in 1968. Under 25 U.S.C. 1321, a state may assume criminal jurisdiction in Indian country only with the consent of the Indian tribe occupying it, and the United States may accept a state's retrocession, or return, of jurisdiction.

Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error