DOJ Publishes Final Rule on Assumption of Concurrent Federal Jurisdiction on PL280 Reservations

DOJ Publishes Final Rule on Assumption of Concurrent Federal Jurisdiction on PL280 Reservations

The final rule regarding assumption of concurrent federal criminal jurisdiction on PL-280 reservations was published today at 76 F.R. 76037 (Dec. 6, 2011). A copy of it can be found here.

This rule establishes the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide whether to consent to such a request. This assumption of concurrent jurisdiction process was authorized by the Tribal Law & Order Act of 2010 (TLOA). Several tribes have submitted formal requests to the DOJ since TLOA's enactment. Now, DOJ may proceed to act on those requests.