SCLC/Rosa #676 — PL 280 = criminal + civil adjudication, not blanket taxing/regulatory power

GPT-6 Sol archive · Justice 1961 pp.144–145 · Pub. L. 83-280 · Bryan 1976 · finding 676

Public Law 83-280 (1953) separately enacted 18 U.S.C. §1162 (criminal jurisdiction over offenses by/against Indians in listed Indian country) and 28 U.S.C. §1360 (state-court civil causes between Indians or to which Indians are parties). These are distinct grants, not an unqualified repeal of every tribal or federal law.

§1360(b) preserved restrictions against taxing or alienating trust/restricted property; §1162(b) preserved specified hunting/fishing rights. Original tables: CA, MN except Red Lake, NE, OR except Warm Springs, WI except Menominee — Alaska added 1958 (Pub. L. 85-615).

Bryan v. Itasca County, 426 U.S. 373 (1976): PL 280 did not grant states authority to tax reservation Indians; §1360(a) primarily furnished a state forum and rules of decision for private disputes, not general civil regulatory control. Compared contemporaneous termination acts that did explicitly extend broader taxing authority.

Craft: Commission “supersede”/“relinquished” shorthand ≠ proof of wholesale state regulatory power or funded services. Note 47’s Nebraska tax cites a 1916 statute, not a taxation grant created by PL 280. Standing of later case law ≠ 1961 Commission finding.

Archive: GitLab 3610ae8b.