Level II - NM Training Book

8/20/19

THE CABAZON DECISION

• In Pub. L. 280, the primary concern of which was combating lawlessness on reservations, California was granted broad criminal jurisdiction over offenses committed by or against Indians within all Indian country within the State but more limited, non-regulatory civil jurisdiction. • When a State seeks to enforce a law within an Indian reservation under the authority of Pub. L. 280, it must be determined whether the state law is criminal in nature and thus fully applicable to the reservation, or civil in nature and applicable only as it may be relevant to private civil litigation in state court.

CONGRESS RESPONDS TO CABAZON • On Oct. 18, 1988, the Indian Gaming Regulatory Act was adopted. • IGRA divides gaming activities into three Classes – I, II, and III and establishes a regulatory framework for each category • It establishes the National Indian Gaming Commission to administer and enforce the statute. • It requires Tribes to adopt and submit for approval a gaming ordinance by the NIGC • It requires a compact for Class III gaming to be approved by the Secretary of the Interior and includes an exemption from the Johnson Act for such gaming.

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