NCJ Number
25244
Date Published
1974
Length
52 pages
Annotation
A COMPREHENSIVE REVIEW OF THE STATUTES AND JUDICIAL DECISIONS BEARING ON STATE AND/OR FEDERAL JURISDICTION OVER INDIANS AND INDIAN LANDS.
Abstract
THE DEVELOPMENT OF FEDERAL AND STATE POLICIES TOWARD INDIAN JURISDICTION IS TRACED FROM THE 1830'S TO THE PRESENT. IT IS NOTED THAT SINCE 1968 FEDERAL POLICIES AND THE DECISIONS FROM THE SUPREME COURT HAVE REFLECTED THE NOTION OF INDIAN SELF-DETERMINATION AND FREEDOM FROM STATE CONTROL. THE EFFECT OF PUBLIC LAW 280, WHICH WAS ENACTED IN 1975 AND WHICH AROSE OUT OF THE 'TERMINATION' PERIOD OF FEDERAL INVOLVEMENT WITH THE INDIANS IS ALSO DESCRIBED. WITH THIS LAW, THE FEDERAL GOVERNMENT ENDED ITS OWN PRIMARY RESPONSIBILITY BY SHIFTING JURISDICTIONAL AUTHORITY TO THE STATES. PROVISIONS AND APPLICATIONS OF THIS LAW ARE DISCUSSED. FINALLY, ISSUES INVOLVED IN SUCH SPECIFIC AREAS AS INDIANS' WATER RIGHTS, HUNTING AND FISHING RIGHTS, STATE JURISDICTION OVER INDIANS IN REGARD TO ENVIRONMENTAL CONTROLS, AND TAXATION ARE EXAMINED.