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Jurisdiction

Last updated February 16, 2010

Mandatory Public Law 280 State Jurisdiction.

  • Omaha Tribe retroceded - 35 Fed. Reg. 16,598 (1970)
  • Winnebago Tribe retroceded - 51 Fed. Reg. 24,234 (1986)
  • Santee Sioux retroceded - 71 Red. Reg. 7,997 (2006)

Legislation

Public Law 280 -- 18 U.S.C. § 1162; 25 U.S.C. 1360, as amended; 25 U.S.C. §§ 1321-22

Act of Oct. 31, 1990, P.L. 101-484, § 2, 104 Stat. 1167, codified at 25 U.S.C. § 983 et seq. (re-recognizing Ponca Tribe of Nebraska, which had been terminated in 1962 pursuant to 25 U.S.C. §§ 971-980)

51 Fed. Reg. 24,234 (1986) (retroceding jurisdiction over Winnebago Tribe)

35 Fed. Reg. 16,598 (1970) (retroceding jurisdiction over Omaha Tribe)

71 Red. Reg. 7,997 (2006) (retroceding jurisdiction over the Santee Sioux Nation)

Case Law

Freemont v. United States, 2002 U.S. Dist. LEXIS 2145 (D. Neb. 2002)

United States v. Merrick, 767 F. Supp. 1022 (D. Neb. 1991)

Walker v. Rushing, 898 F.2d 672 (8th Cir. 1990)

Tyndall v. Gunter, 681 F. Supp. 641 (D. Neb. 1987), aff’d, 840 F.2d 716 (8th Cir. 1988)

Op. Att’y Gen. Neb. No. 48 (1985)

Omaha Tribe of Nebraska v. Village of Walthill, 334 F. Supp. 823 (D. Neb. 1971), aff’d, 460 F.2d 1327 (8th Cir. 1972)

Robinson v. Sigler, 187 N.W.2d 756 (Neb. 1971), on habeas review, Robinson v. Wolff, 349 F. Supp. 514 (D. Neb. 1972)

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