Salem, Oregon — A new law aimed at simplifying jurisdictional complexities in Oregon’s Indian Country has been signed by Governor Tina Kotek. The legislation, which garnered unanimous support in both chambers of the state Legislature, was enacted on May 22 and will establish a formal process for tribal nations to request changes to state jurisdiction on their lands.
The law specifically addresses the implications of Public Law 83-280, enacted in 1953, which allowed certain states, including Oregon, to claim jurisdiction over tribal lands. This has complicated criminal and civil matters, as jurisdiction often varies based on the Indian status of the individuals involved—resulting in potential oversight by federal, state, or tribal authorities. Many tribal leaders argue that this law undermines tribal sovereignty and complicates public safety on reservations.
Oregon’s implementation of PL-280 has mandated state oversight on tribal lands, a move criticized by many Native Americans who feel it has encroached on their self-governance. The legislation, known as Senate Bill 1011, was sponsored by State Senator Anthony Broadman of Bend, who has a background in representing tribal governments and Indigenous rights. Broadman expressed satisfaction with the bipartisan support the bill received, highlighting it as a commitment to restoring tribal sovereignty.
“Formalizing this process is crucial for equity and respect among tribes,” Broadman stated, noting that previous requests to the governor lacked a clear timeframe. Under the new law, tribal governments can petition the state to initiate a reversal of 1953’s jurisdictional arrangements, potentially restoring criminal authority to the federal government and allowing tribal courts jurisdiction over civil disputes among tribal members.
The law’s implications are significant, particularly in light of historical actions like the Western Oregon Termination Act of 1954, which eliminated the federal recognition of numerous tribes and disrupted tribal governance. It has led to ongoing challenges in public safety, especially affecting Native American women and children, as noted by Broadman during legislative testimony.
With the new legislation, tribes that initiate the retrocession process may positively impact their communities if they receive federal approval. The Confederated Tribes of Umatilla Indian Reservation, which has been active in advocating for tribal court empowerment, achieved criminal retrocession in 1980 and stands as a model for other tribes.
Some tribes in Oregon, while navigating this process, still remain under state civil jurisdiction. As the law does not directly alter jurisdiction, its establishment provides a transparent avenue for tribes seeking a return to historical governance structures—a step viewed as essential in correcting past wrongs.
Tribal leaders emphasize the necessity of addressing jurisdictional hurdles that have persisted since the enactment of PL-280, which they argue has aggravated law enforcement disparities and hindered community safety. The legal ambiguity surrounding jurisdiction affects timely investigations and prosecutions of crimes on tribal lands, perpetuating a cycle of distrust towards external law enforcement.
Broadman and other advocates maintain that the passage of this bill signals a vital acknowledgment of tribal sovereignty and self-determination. They believe this initiative is an important step toward rebuilding the tribal-federal relationship and reaffirming Indigenous rights within the state.
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