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Jurisdiction

Last updated February 16, 2010

State Has Jurisdiction Over One Tribe Through Federal Acts Other Than Public Law 280

The Paiute Restoration Act confers state civil and criminal jurisdiction over the reservation - , P. L. 96–227, § 7, 94 Stat. 320, Apr. 3, 1980, codified at 25 U.S.C. § 761 et seq.

In 1971, Utah asserted jurisdiction under Public Law 280, subject to tribal consent. Utah Code §§ 63-36-9 to 63-36-21, ch. 169, § 1 (1971).  No tribe has consented to jurisdiction under the terms of this law.

Legislation

Paiute Restoration Act, P. L. 96–227, § 7, 94 Stat. 320, Apr. 3, 1980, codified at 25 U.S.C. § 761 et seq. (§ 766 confers state civil and criminal jurisdiction over reservation)

Ute Termination Act, ch. 1009, § 1, 68 Stat. 868, Aug. 27, 1954, codified at 25 U.S.C. § 677 et seq. (terminating federal supervision of property belonging to mixed blood members of the Ute Indian Tribe of the Uintah & Ouray Reservation)

Case Law

Gardner v. Ute Tribal Court Chief Judge, 36 Fed. Appx. 927 (10th Cir. 2002) (unpublished opinion)

Hagen v. Utah, 510 U.S. 399 (1994)

Gardner v. United States, 1994 U.S. App. LEXIS 10090 (10th Cir. 1994) (limited citation)

Lyda v. Tah-Bone, 962 F. Supp. 1434 (D. Utah 1997)

State ex rel. D.A.C., 933 P.2d 993 (Utah Ct. App. 1997)

Maryboy v. Utah State Tax Comm'n, 904 P.2d 662 (Utah 1995)

State v. Gardner, 827 P.2d 980 (Utah Ct. App. 1992)

Brough v. Appawora, 553 P.2d 934 (Utah 1976)

State v. Roedl, 155 P.2d 741 (Utah 1945)

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