Confederated Tribes and Bands of the Yakama Nation v. Yakima County, Washington, et al.
AdministrativeLaw Privacy JusticiabilityDoctri
Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1823 without the Yakama Nation's prior consent required by 25 U.S.C. § 1326?
QUESTION PRESENTED The United States reassumed Pub. L. 83-280 criminal jurisdiction over crimes involving Indians within the Yakama Reservation from the State of Washington pursuant to 25 U.S.C. § 1323, on April 19, 2016. Years later, federal officials re-interpreted the scope of that federal reassumption to allow the State of Washington to once again exercise criminal jurisdiction over Indians within the Yakama Reservation any time a nonIndian is involved in the crime. The question presented is: Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1823 without the Yakama Nation’s prior consent required by 25 U.S.C. § 1326?