Public Law 280

Public Law 280 (Pub. L. 280, August 15, 1953, codified as 18 U.S.C. § 1162, 28 U.S.C. § 1360, and 25 U.S.C. §§ 1321–1326) is a federal law of the United States that changes the jurisdiction that happens over Tribal Land. The law changes the jurisdiction from the federal government over to the states in both civil and criminal cases. Currently, very few research studies have been conducted to make a conclusion on the impact of the law on tribal land across the nation.[1] There are an array of questions that are being asked about its effectiveness on criminal behavior and socioeconomic impact to the affected tribal nations and this is due to the lack of research on the topic of P.L. 280. From the studies that have been done, research has shown that the law itself has led to an increase in crime and has slowed the economic growth of some reservations.[2] As a result of the disconnect between federal and state law enforcement efforts causing for more distrust from members and their tribes. Native women and children have suffered disproportionately as victims of crime due to the changes that PL 280 has brought forth to indigenous communities.

There are currently 574 recognized tribes in the jurisdiction of the United States and when the law was passed by congress there were 562 in 1953. Alaska makes up 39% of these federally recognized tribes and the lower 48 make up the rest with 347 federally recognized tribes.[3] This law encompassed over 300 tribes when the jurisdictional change took place. Public Law 280 was passed by congress in 1953 and thus began the jurisdictional change from federal to state officials. In 1968 is when we began the optional era of P.L. 280, when assuming jurisdiction over tribal communities the states first had to gain the consent from their corresponding tribes before the transfer of jurisdiction could take place.[4] This amendment to the law was intended to return jurisdiction back to the federal government if consent was not given by the tribes, during this retrocession nearly 30 tribes were involved. Also after the 1968 Indian Civil Rights Act was passed, funding began to rise again for tribal justice systems. Total funding was raised from $1.5 million in 1972, to $10 million come 1990.[5] In 2010, the Tribal Law and Order Act was signed by president Obama, this was passed to help decrease crime rates on reservations that involved indigenous women and children.[6]

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 and Mille Lacs Band of Ojibwe), Nebraska, Oregon (except the Warm Springs Reservation), Wisconsin (except later the Menominee Indian Reservation) and, upon its statehood, Alaska. There are currently 6 mandatory P.L. 280 states which are the listed above. Mandatory states did not get the option to refuse the jurisdiction granted by P.L. 280 whereas the ten additional states listed below, had the option of adopting this policy. These states include, Arizona, Florida, Idaho, Iowa, Montana, Nevada, North Dakota, South Dakota, Utah and Washington. Not all of these states adopted full jurisdiction within their state. The federal government offered little assistance to either the states or tribes in the transfer of jurisdiction. Arizona, Florida, Iowa, South Dakota and Utah are the only optional states that have not receded any of their P.L. 280 jurisdiction. Optional P.L. 280 states did not need consent from tribes in order to enact full or partial jurisdiction of this law.[4]

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.[7]

Under the Act, states, local sheriffs 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 pueblos 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.

The law protects individuals from dealing with federal prosecution on tribal land but with that comes less tribal sovereignty for the indigenous nations that are effected by P.L. 280. After the change in jurisdiction there were some issues that came forth from state legislation that led to less funding. When tribal communities voiced their concerns and criticisms of the P.L. 280, they were often met with hostility from states.[8] Since tribal communities lost a majority of their funding from the federal government, the states capaabilities were stretched thin. They were now asked to perform duties out of their area of expertise with the same funding they were receiving. This led to criticism from local agencies because they were unaware of their jurisdictional duties surrounding tribal communities.[4] With neither the state or tribal communites receiving funding for this change in legislature we began to see tribal communites suffer economically, which also led to an increase in crime rates.