Public Law 280 * In California
"Learning & Understanding the ramifications of Public Law 280 in the State of California will assist in the expansion and protection of tribal sovereignty in California today..." Mr. Frank Watson, Enterprise Rancheria
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COURSE DESCRIPTION
"**For purpose of this course, it is important to understand and be able to articulate the importance of tribal sovereignty and the extent that sovereignty plays out the conclusion of issues surrounding Public Law 280.
**Public Law 280, Act of August 15, 1953, was another piece of major legislation during the termination period of the 1950’s. This Act in particular adversely affected the sovereignty of California federally recognized tribes, in an attempt to limit triba criminal and civil jursidiction. However, California tribes still retain the ability to concurrently regulate trade and intercourse with tribal enterprises, contracts, torts occuring on tribal property, domestic relations of members, etc.
** This course has been designed by Montana & Associates to assist California tribes and other P.L. 280 tribal governments in their quest to further the extent of their sovereignty and regulatory authority over issues of vital concern to the next generation of their membership."
COURSE CONTENT
| I. | Public Law 280-Historic Overview |
| C. | Provisions of P.L. 280; |
| D. | Understanding P.L. 280 effect on Jurisdiction. |
| II. | California Criminal Regulatory Authority |
| A. | Review of criminal provisions; |
| B. | Concurrent jurisdiction of tribes; |
| C. | Assumption of State criminal jurisdiction-1321; |
| D. | Exempt-Hunting & Fishing jurisdiction; |
| E. | Major Crimes Act - effect on major crimes on tribal lands. |
| III. | California Civil Regulatory Authority |
| A. | Lone Wolf v. Hitchcock-review; |
| B. | Review of Section 1322-P.L. 280; |
| C. | Effect on tribal taxation issues, property rights; |
| D. | Retained concurrent jurisdiction of tribes; |
| E. | Force & Effect of Tribal Ordinances. |
| IV. | Exerting Concurrent Jurisdiction in California |
| A. | Domestice Affairs of members; |
| B. | Hunting & Fishing regulations; |
| E. | Criminal & Traffic Regulations. |
| V. | Summary & Considerations |
| A. | Organic laws of Tribe; |
| B. | Indian Reorganization Act of 1934; |
| C. | Modern organic documents; |
| D. | Review of California case law. |
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