PL-280 in Alaska
Tribal Management Program
Kevin M Illingworth J.D.
University of Alaska Fairbanks
College of Rural and Community Development
907-474-5710
kevin.i@alaska.edu
What is P.L. 280?
Public Law 280 is a ‘Termination Era’ law aimed at
transferring jurisdiction from the federal
government to the states.
• Alaska, California, Minnesota, Wisconsin,
Nebraska and Oregon are mandatory PL
280 States.
• Florida, Idaho, Iowa, Montana and Washington
are optional PL 280 states.
Public Law 83-280 State Jurisdiction
over offenses committed by or against
Indians in the Indian country
(a) Each of the States or Territories listed in the following table
shall have jurisdiction over offenses committed by or
against Indians in the areas of Indian country listed
opposite the name of the State or Territory to the same
extent that such State or Territory has jurisdiction over
offenses committed elsewhere within the State or Territory,
and the criminal laws of such State or Territory shall have
the same force and effect within such Indian country as they
have elsewhere within the State or Territory.
Alaska: All Indian country within the State, except that on
Annette Islands, the Metlakatla Indian community may
exercise jurisdiction over offenses committed by Indians in
the same manner in which such jurisdiction may be
exercised by Indian tribes in Indian country over which
State jurisdiction has not been extended.
State civil jurisdiction in actions to which Indians are
parties
(a) Each of the States listed in the following table shall
have jurisdiction over civil causes of action between
Indians or to which Indians are parties which arise in
the areas of Indian country listed opposite the name of
the State to the same extent that such State has
jurisdiction over other civil causes of action, and those
civil laws of such State that are of general application
to private persons or private property shall have the
same force and effect within such Indian country as
they have elsewhere within the State.
Alaska: All Indian country within the State.
What is P.L. 280?
Public Law 280 is a transfer to the State of:
1.criminal jurisdiction and
1.jurisdiction over civil causes of action (lawsuits)
1.…within Indian Country
-Outside of Indian Country, the State of Alaska already has
criminal jurisdiction, jurisdiction over civil causes of
action, as well as regulatory jurisdiction.
What Impact Does P.L. 280
Have in Alaska Today?
P.L. 280 has no significant legal impact in Alaska.
• But P.L. 280 has had a significant effect on Alaska
tribes because Alaska Natives have been falsely
led to believe that P.L. 280 was an obstacle to
tribal jurisdiction.
P.L. 280 is a grant of concurrent jurisdiction to the
State, it does not terminate any jurisdiction or powers
that tribes have.
Tribal Jurisdiction: P.L. 280
“By its very text, P.L. 280 applies only in Indian
Country” -Alaska Supreme Court in John v. Baker
“We conclude that ICWA section 1911(b)
authorizes the transfer of jurisdiction to tribal
courts regardless of P.L. 280 -Alaska Supreme Court in C.R.H
“The State cannot simultaneously assert
that…there is no Indian Country and that PL 280
prevails.” -2013 Indian Law and Order Commission
Tribal Jurisdiction: P.L. 280
Despite PL 280, Tribes in Alaska retain concurrent
criminal and civil jurisdiction over tribal members.
“Do Alaska Native villages have inherent, non-territorial
sovereignty allowing them to resolve domestic disputes between
their own members?… we hold that Alaska Native tribes, by virtue
of their inherent powers as sovereign nations, do possess that
authority.
…
“But the powers of self-government, including the power to
prescribe and enforce internal criminal laws… are not such powers
as would necessarily be lost by virtue of a tribe's dependent status.”
-Alaska Supreme Court in John v. Baker
What About Land Taken Into
Trust?
Land taken into Trust would be Indian Country and the
Tribes would have jurisdiction over both tribal members
and the land.
 Through P.L. 280, the State of Alaska was delegated concurrent
(shared) jurisdiction over criminal laws and civil causes of action
within Indian Country.
Tribes would also have clear concurrent jurisdiction over
criminal cases and civil causes of action.
• However, PL 280 did not transfer Regulatory Jurisdiction.
 Tribes (not states) have regulatory jurisdiction within Indian Country.
Why is Jurisdiction over
Land Important
• A Government has broader jurisdiction (more legal
authority) with Territorial Jurisdiction.
• Some jurisdiction is tied to control of the land:
– Clear criminal jurisdiction and the ability to exclude people
who enter the land.
– Ability to raise revenue (taxation)
– Civil regulatory jurisdiction:
• Environmental regulations (clean air/water)
• Gaming (casinos)
• Zoning, Development
• Hunting and fishing regulation
Chin'an
Thank You