washington yakima indian nation argued october decided january section pub authorizes people whose constitutions statutes contain organic law disclaimers jurisdiction indian country amend necessary constitutions statutes remove legal impediment assumption jurisdiction act notwithstanding provision enabling act admission state provided act shall become effective respect assumption jurisdiction people state appropriately amended state constitution statutes case may pub congress gave consent state assume jurisdiction time manner people state shall affirmative legislative action obligate bind state assumption thereof state washington constitution contains disclaimer authority indian country hence state one covered washington another case held barrier posed disclaimer lifted state legislature legislature enacted statute chapter obligating state assume civil criminal jurisdiction indians indian territory within state subject condition eight areas jurisdiction extend indians trust restricted lands unless affected tribe requested appellee yakima nation make request brought action federal district challenging statutory constitutional validity state partial assertion jurisdiction reservation tribe contended state complied procedural requirements pub especially requirement state first amend constitution event pub authorize state assert partial jurisdiction within indian reservation chapter even authorized congress violated equal protection due process guarantees fourteenth amendment district rejected statutory constitutional claims entered judgment state appeals rejecting contention washington assumption partial jurisdiction authorized congress reversed holding jurisdictional system produced chapter rational foundation therefore violated equal protection clause held section pub require disclaimer amend constitutions make effective acceptance jurisdiction indian reservation enabling act requirement nature effectively repealed washington determined purposes repeal state constitutional disclaimer legislative action sufficient state legislature enacted legislation obligating state assume jurisdiction pub follows state satisfied procedural requirements pp requirements satisfied terms govern scope jurisdiction conferred upon disclaimer statutory authorization partial geographic jurisdiction asserted washington found words permitting option assume jurisdiction manner people state shall affirmative legislative action obligate bind state assumption thereof phrase manner means least option state condition assumption full jurisdiction affected tribe consent washington offered assume full jurisdiction tribe requests partial jurisdiction asserted reservations nonconsenting tribes reflects responsible attempt accommodate state tribal interests consistent concerns underlay adoption pub accordingly violate terms pp checkerboard pattern jurisdiction ordained chapter face invalid equal protection clause pp classifications based tribal status land tenure implicit chapter suspect require justified compelling state interest chapter abridge fundamental right pp chapter valid bearing rational relationship state interest providing protection citizens living within reservation time allowing scope tribal trust restricted lands classification neither irrational arbitrary means identifying areas within reservation tribal members greatest interest free state police power pp stewart delivered opinion burger white blackmun powell rehnquist stevens joined marshall filed dissenting opinion brennan joined post slade gorton attorney general washington argued cause appellants briefs malachy murphy deputy attorney general jeffrey sullivan james hovis argued cause filed brief appellee louis claiborne argued cause amicus curiae urging affirmance brief solicitor general mccree assistant attorney general moorman peter steenland carl strass neil proto michael taylor robert pirtle robert dellwo filed brief confederated tribes colville reservation et al amici curiae justice stewart delivered opinion case called upon resolve dispute state washington yakima indian nation validity state exercise jurisdiction yakima reservation washington legislature obligated state assume civil criminal jurisdiction indians indian territory within state subject condition eight areas jurisdiction extend indians trust restricted lands without request indian tribe affected ch laws yakima nation make request state authority indians within yakima reservation thus made chapter depend title status property offense transaction occurred upon nature subject matter yakima nation brought action federal district challenging statutory constitutional validity state partial assertion jurisdiction reservation tribe contended federal statute upon state based authority assume jurisdiction reservation pub imposed certain procedural requirements state complied notably requirement washington first amend constitution event pub authorize state assert partial jurisdiction within indian reservation finally tribe contended chapter even authorized congress violated equal protection due process guarantees fourteenth amendment district rejected statutory constitutional claims entered judgment state appeal contention washington assumption partial jurisdiction authorized congress rejected appeals ninth circuit sitting en banc en banc referred case original panel consideration remaining issues confederated bands tribes yakima indian nation washington yakima panel confining consideration constitutional validity chapter concluded checkerboard jurisdictional system produced without rational foundation therefore violative equal protection clause fourteenth amendment finding basis upon sever offending portion legislation appellate declared chapter unconstitutional entirety reversed judgment district confederated bands tribes yakima indian nation washington yakima ii state brought appeal noting probable jurisdiction appeal requested parties address issue whether partial geographic jurisdiction ordained chapter authorized federal law well equal protection clause issue confederated bands tribes yakima indian nation comprise originally distinct indian tribes joined together middle century purposes relationships treaty signed agreed various tribes considered one nation specified lands located territory washington set aside exclusive use treaty ratified congress stat since time yakima nation without interruption maintained tribal identity yakima reservation located southeastern part state washington consists approximately acres land held trust yakima nation individual members tribe remaining parcels land held fee indian owners much trust acreage reservation forest tribe receives bulk income timber half reservation closed permanent settlement order protect forest area remaining lands primarily agricultural three incorporated towns reservation largest toppenish population land held fee scattered throughout reservation concentrated northeastern portion close yakima river within three towns toppenish wapato harrah permanent residents reservation members yakima nation tribal members live inhabited areas reservation three towns half population resides members tribe substantially outnumbered residents occupying fee land enactment state law issue yakima nation subject general jurisdictional principles apply indian country absence federal legislation contrary principles received first fullest expression worcester georgia pet state law reaches within exterior boundaries indian reservation infringe right reservation indians make laws ruled williams lee practical matter meant criminal offenses indians subject federal tribal laws moe salish kootenai tribes except congress exercise plenary exclusive power indian affairs expressly provided state laws shall apply mcclanahan arizona state tax public law upon state washington relied authority assert jurisdiction yakima reservation chapter enacted congress part deal problem lawlessness certain indian reservations absence adequate tribal institutions law enforcement bryan itasca county basic terms pub first federal jurisdictional statute general applicability indian reservation lands well known five effected immediate cession criminal civil jurisdiction indian country express exception reservations three tribes pub remaining gave option assume jurisdiction criminal offenses civil causes action indian country without consulting securing consent tribes affected whose constitutions statutes contained organic law disclaimers jurisdiction indian country dealt people given permission amend necessary state constitutions existing statutes remove legal impediment assumption jurisdiction act others covered washington constitution contains disclaimer authority indian country state therefore one covered pub state take action purported authority pub year legislature enacted statute obligated state assume criminal civil jurisdiction indian reservation within state request tribe affected legislation state jurisdiction requested extended several indian tribes within state one first prosecutions brought jurisdictional scheme indian defendant whose tribe consented extension jurisdiction challenged validity ground disclaimer clause state constitution amended manner allegedly required pub state paul washington rejected argument construing state constitutional provision mean barrier posed disclaimer lifted state legislature washington enacted chapter law issue litigation significant feature new statute provision extension least jurisdiction indian lands within state whether affected tribe gave consent full criminal civil jurisdiction extent permitted pub extended fee lands every indian reservation trust allotted lands therein involved except eight categories law however state jurisdiction extended indians allotted trust lands unless affected tribe requested eight jurisdictional categories state law thus extended parts every indian reservation areas compulsory school attendance public assistance domestic relations mental illness juvenile delinquency adoption proceedings dependent children motor vehicles yakima indian nation request full measure jurisdiction made possible chapter yakima reservation thus became subject system jurisdiction outlined outset opinion litigation followed ii yakima nation relies three separate independent grounds asserting chapter invalid first argues terms pub washington authorized enact chapter state constitution amended people eliminate art xxvi disclaimed state authority indian lands second contends pub authorize state extend partial jurisdiction indian reservation finally asserts chapter even authorized pub violates fourteenth amendment constitution turn consideration arguments iii first address contention washington required amend constitution validly legislate authority pub tribe correct need consider statutory constitutional questions raised system partial jurisdiction established chapter tribe supported amicus curiae argues requirement popular amendatory action found express terms pub terms enabling act admitted washington union argument best understood context specific statutory provisions involved enabling act washington along montana north dakota south dakota gained entry union passed section act required constitutional conventions prospective new enact provisions people disclaimed title lands owned indians indian tribes acknowledged lands remain absolute jurisdiction control congress indian title extinguished disclaimers made ordinances irrevocable without consent people said washington constitutional convention enacted disclaimer authority indian lands part art xxvi state constitution article captioned compact prefaced statement precisely tracking language admitting statute following ordinance shall irrevocable without consent people state washington substantive terms mirror language used enabling legislation already noted two distinct provisions pub potentially applicable granted immediate cession jurisdiction first without question applies washington seven admitted union enabling legislation requiring organic law disclaimers similar described much clear legislative history pub well express language section provides notwithstanding provisions enabling act admission state consent hereby given people state amend necessary state constitution existing statutes case may remove legal impediment assumption civil criminal jurisdiction accordance provisions act provided provisions act shall become effective respect assumption jurisdiction state people thereof appropriately amended state constitution statutes case may state assume jurisdiction time manner people state shall affirmative legislative action obligate bind state assumption thereof proper construction given single inartful sentence provoked chapters argument parties tribe urge notwithstanding phrase necessary construed mandate constitutional amendment disclaimer position operates grant consent state action inconsistent terms enabling legislation also establish distinct procedure followed enabling act support position rely language proviso upon certain legislative history alternative tribe argue popular amendatory action compelled terms mandated terms enabling act ch although acknowledge congress grant consent required enabling act state remove disclaimer contend eliminate need consent people specified enabling act view act pub dictates constitutional amendment valid procedure consent given state draws entirely different message contends section must construed light overall congressional purpose facilitate transfer jurisdiction option willing accept responsibility section designed says establish remove legal barriers state action authority pub phrase necessary view consistent purpose construe word appropriately proviso synonymous necessary entire section mean constitutional amendment required necessary matter state law washington found legislative action sufficient grant consent people removal disclaimer art xxvi state constitution state argues procedural requirements fully satisfied finds enabling act irrelevant since view effectively repealed impediments act state assertion jurisdiction pub review statutory legislative historical materials cited parties persuaded washington assumption jurisdiction legislative action fully complies requirements although adhere principle procedural requirements pub must strictly followed kennerly district montana mcclanahan arizona state tax general rule ambiguities legislation affecting retained tribal sovereignty construed favor indians see bryan itasca county principles stretch far permit us find federal requirement affecting manner modify organic legislation basis materials essentially speculative cf board county language legislative history role pub clearly point way turn first language main clause framed permissive mandatory terms drafters intended clause require popular amendatory action unlikely included words necessary written clause suggests substantive requirement constitutional amendment must found source law independent basic question whether requirement found language proviso alternatively terms enabling act unable find procedural mandate missing main clause language proviso language abstract read suggest constitutional amendment condition precedent valid assumption jurisdiction disclaimer examined context however fairly read impose condition two considerations prevent reading first doubtful congress order compel disclaimer amend constitutions popular vote done provision first clause consents procedure necessary proviso indicates procedure followed appropriate second reference popular amendatory action proviso framed description procedure must follow assume jurisdiction instead written condition effectiveness provisions pub recalled substantive provisions act arguably found accomplish immediate transfer jurisdiction specifically named seems likely proviso included ensure construed effect immediate transfer disclaimer group option main clause removes barrier new state jurisdiction indian country proviso suggests disclaimer automatically receive jurisdiction virtue removal without proviso event state constitutional amendment found necessary construed effecting immediate cession congress clearly wanted option obligate bind assume jurisdiction offered pub sure constitutional amendment referred process might accomplished disclaimer given distinction congress clearly drew reference hardly construed require process turning legislative history shall see accords interpretation address argument popular amendatory action requirement pub mandated legislation admitting washington union argument requires two assumptions made first eliminated preserved enabling act barriers state assertion jurisdiction indian country second phrase necessary main clause intended refer barriers preserved premises accepted enabling act possible application since find first premise impossible accept proceed admitting legislation sure source law mentioned main clause might therefore looked referent phrase necessary clause reading however tenable supplies satisfactory answer question congress order give consent removal state organic law disclaimers also necessary implication consented removal procedural constraints imposed enabling acts phrase otwithstanding provisions enabling act broad broad enough suggest congress referred possible necessity state constitutional amendment intend thereby perpetuate requirement enabling act even assuming phrase consent people enabling act must construed preclude consent legislative action tribe offered concrete authority support restrictive reading phrase think obvious notwithstanding clause congress meant remove federal impediments state jurisdiction may created enabling act legislative history pub supports conclusion force establish state constitutional amendment requirement preserve requirement might found enabling act public law first jurisdictional bill general applicability ever enacted congress reflected congressional concern problems indian reservations financial burdens continued federal jurisdictional responsibilities indian lands bryan itasca county also however without question reflective general assimilationist policy followed congress early late see sess see also hearings subcommittee indian affairs house committee interior insular affairs sess hereinafter hearings failure congress write provision transfer provision applicable option well failure consult tribes final deliberations pub provide ample evidence indeed circumstances surrounding passage pub fully bear state general thesis pub intended facilitate impede transfer jurisdictional responsibility public law originated series individual bills introduced congress transfer jurisdiction five willing eventually covered supra bills consolidated referred house committee interior insular affairs consideration closed hearings bills held subcommittee indian affairs june committee july opening session june committee members counsel representatives department interior discussed various proposals designed give general applicability june hearings rapidly became clear members favored general bill ibid point committee counsel noted several constitutional prohibitions jurisdiction followed discussion manner treated july version proposed july hearings discussion disclaimer problem notwithstanding clause added language eventually enacted approved committee day speed context alone suggest designed remove obstacle state jurisdiction create one discussion hearings essence markup sessions makes clear committee members apparently thought matter state law amend constitutions order remove disclaimers found indication committee intended impose requirement conclude pub require disclaimer amend constitutions make effective acceptance jurisdiction also conclude enabling act requirement nature effectively repealed matter state law constitutional amendment required procedure must matter state law followed state law constitutional amendment required disclaimer must still take positive action pub jurisdiction become effective washington determined purposes repeal art xxvi washington constitution legislative action sufficient appropriate state legislation enacted follows state washington satisfied procedural requirements iv turn question whether state authorized pub assume partial geographic jurisdiction indian reservations within state argument pub permit scheme partial jurisdiction relies primarily upon text federal law main contention tribe partial jurisdiction specifically authorized must therefore forbidden addition assert interplay provisions pub demonstrates required assume jurisdiction assume much jurisdiction transferred mandatory pointing defines indian country purposes federal jurisdiction including entire reservation notwithstanding issuance patent reason congress transferred mandatory criminal jurisdiction offenses committed indians indian country meant parts indian country covered similarly emphasize civil jurisdiction comparable scope transferred mandatory stress consequence state assumption jurisdiction state criminal laws civil laws general application henceforth force effect within indian country elsewhere within state finally tribe contend congressional purposes eliminating jurisdictional hiatus thought exist indian reservations reducing cost federal responsibility jurisdiction tribal lands assimilating indian tribes general state population disserved type checkerboard arrangement permitted chapter agree however state washington statutory authorization state jurisdictional arrangement found words provision permits option assume jurisdiction manner people state shall affirmative legislative action obligate bind state assumption thereof requirements satisfied terms appear govern scope jurisdiction conferred upon disclaimer phrase manner means least option state condition assumption full jurisdiction consent affected tribe washington done refrain exercising full measure allowable jurisdiction without consent tribe affected section seen placed act eliminate possible organic law barriers assumption jurisdiction disclaimer tribe acknowledge procedural substantive section clause contains one reference relevance question phrase assumption civil criminal jurisdiction accordance provisions act parties recognize phrase necessarily leads provisions act clarification substantive scope jurisdictional grant first question provisions act govern second constraints provisions place jurisdictional arrangements made option tribe argues initial matter one provisions referred relies part upon contrast phrase assumption civil criminal jurisdiction disjunctive phrase criminal offenses civil causes action distinction civil criminal jurisdiction language optional language asked conclude must assume full jurisdiction accord terms applicable mandatory even though permitted discretion unable accept argument statutory language fairly support also legislative history wholly contrary clear committee hearings covered except possible impediments contained organic laws treated precisely terms option section seen essentially afterthought designed accomplish limited purpose removing barrier jurisdiction posed state organic law disclaimers jurisdiction indians option originally treated aegis record committee hearings makes clear sole purpose resolve disclaimer problem indeed extent tribe suggest disclaimer stand different footing option argument makes sense ascribe congress intent require force organic law barriers may limited involvement indian country establish intrusive presence possible indian reservations time intent allow different traditions exercise restraint extending coverage law tribe urge even concluded option ultimately governed reference section assumption jurisdiction provided act construed mean provisions must still apply argument require conclusion option stand footing mandatory view persuasive mandatory consulted prior introduction bills eventually become pub indicated willingness accept whatever jurisdiction congress prepared transfer however case option consulted june july hearings apparent drafters primarily concerned establishing general transfer scheme facilitate impede future action willing accept jurisdiction clear approach suggested tribe impede even responsible sensitive jurisdictional arrangements designed find pub state exercise partial jurisdiction even willing extend full jurisdiction tribal request quite inconsistent basic history language found applicable provides believe surer guidance issue us critical language phrase permitting assumption jurisdiction time manner people state shall obligate bind state assumption thereof whether manner fully synonymous extent phrase least broad enough authorize state condition extension full jurisdiction indian reservation consent tribe affected argues construction pub permits selective extension state jurisdiction allows state pick choose areas geographical parts reservations like assume responsibility congress told passed pub measure benefit reduce economic burdens associated federal jurisdiction reservations respond perceived hiatus law enforcement protections available tribal indians achieve orderly assimilation indians general population major concerns underlying passage pub doubted see bryan itasca county chapter reflect attempt reap benefits avoid burdens jurisdictional offer made congress contrary state must assume total jurisdiction whenever tribal request made moreover partial geographic jurisdiction exists absence tribal consent responsive law enforcement concerns underlay adoption pub state jurisdiction complete reservations also complete indians nontrust lands law enforcement hiatus preoccupied congress extent eliminated trust restricted lands within reservations whose tribes requested coverage state law jurisdiction crimes indians pub enacted shared tribal federal governments extent shared federal tribal responsibility inadequate preserve law order tribes need request receive protection state law state washington unilaterally extended full jurisdiction crimes civil causes action entire yakima reservation without violating terms pub unable conclude state asserting less intrusive presence reservation time obligating assume full jurisdictional responsibility upon request somehow flouted congress state accepted jurisdictional offer pub way leaves substantial play tribal voluntary system partial jurisdiction reflects responsible attempt accommodate needs indians within reservation plainly taken action within terms offer made congress congress surely deny option state power condition offer full jurisdiction tribal consent concluded chapter violates neither procedural substantive terms pub turn finally question whether checkerboard pattern jurisdiction applicable reservations nonconsenting tribes face invalid equal protection clause fourteenth amendment appeals ninth circuit concluded reasoning classification bizarre meet formulation rational basis test tribe advances several different lines argument defense ruling first argues classifications implicit chapter racial classifications suspect test enunciated mclaughlin florida stand unless justified compelling state interest second argues interest fundamental right chapter law abridging right presumptively invalid finally tribe argues chapter invalid even reviewed traditional equal protection criteria articulated cases massachusetts bd retirement murgia agree appeals extent opinion rejects first two arguments reflects judgment chapter must sustained equal protection clause attack classifications employs rationally furthe purpose identified state massachusetts bd retirement murgia supra settled unique legal status indian tribes federal law permits federal government enact legislation singling tribal indians legislation might otherwise constitutionally offensive morton mancari enjoy unique relationship indians chapter simply another state law enacted response federal measure explicitly designed readjust allocation jurisdiction indians jurisdiction permitted chapter found within scope authorization pub many classifications made chapter also made pub indeed classifications based tribal status land tenure inhere many decisions involving jurisdictional controversies tribal indians see mcbratney reasons find argument classifications suspect untenable one contention chapter abridges fundamental right also untenable well established congress exercise plenary power indian affairs may restrict retained sovereign powers indian tribes see wheeler enacting chapter washington legislating explicit authority granted congress exercise federal power question remains whether lines drawn chapter fail meet conventional equal protection clause criteria appeals held criteria legislative classifications valid unless bear rational relationship state objectives massachusetts bd retirement murgia supra state legislation violate equal protection clause merely classifications makes imperfect dandridge williams standards difficulty concluding chapter offend equal protection clause lines state drawn may well difficult administer less many classifications pervade law indian jurisdiction see seymour superintendent moe salish kootenai tribes chapter fairly calculated state interest providing protection citizens living within boundaries reservation time allowing scope tribal trust restricted lands classification made state neither irrational arbitrary means identifying areas within reservation tribal members greatest interest free state police power indeed many rules developed decisions cases accommodating sovereign rights tribes strikingly similar see mcbratney supra draper williams lee mcclanahan arizona state tax short checkerboard jurisdiction novel indian law violate constitution reasons set opinion judgment appeals reversed ordered footnotes assumption criminal civil jurisdiction state state washington hereby obligates binds assume criminal civil jurisdiction indians indian territory reservations country lands within state accordance consent given act august public law congress session assumption jurisdiction shall apply indians tribal lands allotted lands within established indian reservation held trust subject restriction alienation imposed unless provisions tribal consent invoked except following compulsory school attendance public assistance domestic relations mental illness juvenile delinquency adoption proceedings dependent children operation motor vehicles upon public streets alleys roads highways provided indian tribes petitioned granted became subject state jurisdiction pursuant chapter march shall remain subject state civil criminal jurisdiction chapter laws enacted act stat full text act see infra complaint also contained claims decided adversely plaintiff district extensive discovery entry pretrial order district granted partial summary judgment favor state several claims question compliance pub district held bound decision appeals ninth circuit quinault tribe indians gallagher determined state washington accept jurisdiction pub without first amending constitution washington jurisdictional arrangement constitute unauthorized partial assumption jurisdiction district also rejected claim chapter facially invalid equal protection due process clauses fourteenth amendment question constitutional validity chapter applied yakima reservation reserved hearing factual determination trial district found appellee proved state county discriminated deprive indian plaintiff tribe service protection resource asset afforded state law citizens similar geographic location complaint dismissed opinion district unreported en banc hearing ordered appeals sua sponte original panel heard argument hearing limited question whether earlier holding quinault tribe indians gallagher supra overruled majority en banc panel agreed result quinault finding statutory impediment assumption partial geographic jurisdiction five judges dissented appellate equal protection decision based upon disparity created chapter making criminal jurisdiction indians depend upon whether alleged offense occurred fee nonfee land found criterion exercise state criminal jurisdiction facially unconstitutional appellate found unnecessary therefore reach tribe contention eight statutory categories jurisdiction vague contention application chapter deprived equal protection laws motion affirm filed response appellants jurisdictional statement yakima nation invoked support judgment every one contentions made district appeals limited discussion equal protection rationale relied upon appellate brief merits tribe addressed addition subjects implicit order noting probable jurisdiction see infra one issue merits brief discussion tribe contends chapter void failure meet standards definiteness required due process clause fourteenth amendment asserting eight categories state extended full jurisdiction vague give tribal members adequate notice conduct punishable state law challenge without merit district observed chapter creates new criminal offenses merely extends jurisdiction certain classes offenses defined elsewhere state law offenses sufficiently defined individual tribal members may defend prosecutions time prosecutions brought see younger harris eight areas defined reasonable clarity language less precise commonly accepted federal jurisdictional statutes field see mazurie district ruling chapter void vagueness due process clause fourteenth amendment therefore correct membership figures given district amicus curiae brief indicated tribal members live permanently reservation number increases summer months abstract principles adequately describe complex jurisdictional rules developed years cases involving jurisdictional clashes tribal indians since worcester georgia decided full treatment subject see generally price law american indian dept interior federal indian law see price supra surrenders authority see stat new york stat new york stat kansas stat north dakota stat iowa public law however first federal statute attempt omnibus transfer act provides full act confer jurisdiction california minnesota nebraska oregon wisconsin respect criminal offenses civil causes action committed arising indian reservations within purposes enacted senate house representatives america congress assembled chapter title code hereby amended inserting end chapter analysis preceding section title following new item state jurisdiction offenses committed indians indian country sec title code hereby amended inserting chapter thereof immediately section new section designated section follows state jurisdiction offenses committed indians indian country listed following table shall jurisdiction offenses committed indians areas indian country listed opposite name state extent state jurisdiction offenses committed elsewhere within state criminal laws state shall force effect within indian country elsewhere within state state indian country affected minnesota indian country within state except red lake reservation nebraska indian country within state oregon indian country within state except warm springs reservation wisconsin indian country within state except menominee reservation nothing section shall authorize alienation encumbrance taxation real personal property including water rights belonging indian indian tribe band community held trust subject restriction alienation imposed shall authorize regulation use property manner inconsistent federal treaty agreement statute regulation made pursuant thereto shall deprive indian indian tribe band community right privilege immunity afforded federal treaty agreement statute respect hunting trapping fishing control licensing regulation thereof provisions sections chapter shall applicable within areas indian country listed subsection section sec chapter title code hereby amended inserting end chapter analysis preceding section title following new item state civil jurisdiction actions indians parties sec title code hereby amended inserting chapter thereof immediately section new section designated section follows state civil jurisdiction actions indians parties listed following table shall jurisdiction civil causes action indians indians parties arise areas indian country listed opposite name state extent state jurisdiction civil causes action civil laws state general application private persons private property shall force effect within indian country elsewhere within state state indian country affected minnesota indian country within state except red lake reservation nebraska indian country within state oregon indian country within state except warm springs reservation wisconsin indian country within state except menominee reservation nothing section shall authorize alienation encumbrance taxation real personal property including water rights belonging indian indian tribe band community held trust subject restriction alienation imposed shall authorize regulation use property manner inconsistent federal treaty agreement statute regulation made pursuant thereto shall confer jurisdiction upon state adjudicate probate proceedings otherwise ownership right possession property interest therein tribal ordinance custom heretofore hereafter adopted indian tribe band community exercise authority may possess shall inconsistent applicable civil law state given full force effect determination civil causes action pursuant section sec section act october stat ch hereby repealed repeal shall affect proceedings heretofore instituted section sec notwithstanding provisions enabling act admission state consent hereby given people state amend necessary state constitution existing statutes case may remove legal impediment assumption civil criminal jurisdiction accordance provisions act provided provisions act shall become effective respect assumption jurisdiction state people thereof appropriately amended state constitution statutes case may sec consent hereby given state jurisdiction respect criminal offenses civil causes action respect provided act assume jurisdiction time manner people state shall affirmative legislative action obligate bind state assumption thereof see supra five given immediate jurisdiction california minnesota nebraska oregon wisconsin alaska added group act stat codified see supra see supra wash art xxvi rev code ch detailed discussion washington history pub see national american indian judges justice american indian impact public law upon administration justice indian reservations washington relied upon previous decision rejected challenge washington legislation permitting taxation property leased federal government boeing aircraft reconstruction finance boeing legislation challenged ground state failed remove amendment constitutional disclaimer authority tax federal property washington held boeing legislative action sufficient see supra see nn supra tribes consented state jurisdiction law remained fully subject jurisdiction rev code since one tribe colville requested extension full state jurisdiction national american indian judges supra yakima nation ever since representatives objected congressional committee predecessor pub see infra consistently contested wisdom legality attempts state exercise jurisdiction reservation lands see ibid washington strenuously argues question properly think yakima indian nation pressed issue throughout litigation motion dismiss affirm alleged invalidity washington legislative assumption jurisdiction presented basis upon judgment sustained see supra prevailing party appellee course free defend judgment ground properly raised whether ground relied upon rejected even considered district appeals american ry express dandridge williams moreover disclaimer issue implicit subjects parties requested address order noting probable jurisdiction appeal cf gent arkansas zicarelli new jersey state washington also contends summary dismissals makah indian tribe state appeal dismissed tonasket state appeal dismissed comenout burdman appeal dismissed preclude reconsideration disclaimer issue cases argued washington statutory assumption jurisdiction ineffective pub invalid state constitution absence constitutional amendment eliminating art xxvi case washington rejected state constitutional federal arguments appeal appellants questioned validity state conclusion federal statute constitutional amendment required summary dismissals course taken rulings merits hicks miranda sense rejected specific challenges presented statement jurisdiction left undisturbed judgment appealed mandel bradley however precedential value opinion briefing oral argument merits edelman jordan richardson ramirez summary dismissal appeal represents view judgment appealed correct federal questions raised necessary decision continued stress see mandel bradley supra necessarily reflect agreement opinion whose judgment appealed unusual find appropriate give full consideration question subject previous summary action massachusetts bd retirement murgia usery turner elkhorn mining case question washington asks us avoid resolve basis stare decisis never received full plenary attention subject extensive briefing argument parties provoked several somewhat uncertain opinions washington courts see infra whose ultimate judgments subjects summary dismissals finally issue upon executive branch government recently changed position diametrically explained amicus brief oral argument case fully briefed constitutional amendment question question whether partial jurisdiction authorized pub position equal protection holding appeals equivocal tribe also contends treaty stat guaranteed right expressly abrogated pub argument assumes cases see menominee tribe treaty rights preserved unless congress shown specific intent abrogate although stated intention abrogate modify treaty lightly imputed pigeon river cox rule construction must applied sensibly context argument made tribe tendentious treaty right asserted tribe jurisdictional also entire subject matter pub accept tribe position hold congress pass jurisdictional law general applicability indian country unless itemized potentially conflicting treaty rights wished affect decline intent abrogate inconsistent treaty rights clear enough express terms pub act ch stat act provides enacted senate house representatives america congress assembled inhabitants part area constituting territories dakota montana washington present described may become north dakota south dakota montana washington respectively hereinafter provided sec delegates conventions elected provided act shall meet seat government said territories organization shall declare behalf people said proposed adopt constitution whereupon said conventions shall hereby authorized form constitutions governments said proposed respectively constitutions shall republican form make distinction civil political rights account race color except indians taxed repugnant constitution principles declaration independence said conventions shall provide ordinances irrevocable without consent people said second people inhabiting said proposed agree declare forever disclaim right title unappropriated public lands lying within boundaries thereof lands lying within said limits owned held indian indian tribes title thereto shall extinguished shall remain subject disposition said indian lands shall remain absolute jurisdiction control congress article xxvi reads follows compact following ordinance shall irrevocable without consent people state second people inhabiting state agree declare forever disclaim right title unappropriated public lands lying within boundaries state lands lying within said limits owned held indian indian tribes title thereto shall extinguished shall remain subject disposition said indian lands shall remain absolute jurisdiction control congress lands belonging citizens residing without limits state shall never taxed higher rate lands belonging residents thereof taxes shall imposed state lands property therein belonging may hereafter purchased reserved use provided nothing ordinance shall preclude state taxing lands taxed lands owned held indian severed tribal relations obtained person title thereto patent grant save except lands may granted indian indians act congress containing provision exempting lands thus granted taxation exemption shall continue long extent act congress may prescribe see sess according report accompanying house version pub xamination federal statutes state constitutions revealed enabling acts eight consequence constitutions contain express disclaimers jurisdiction included arizona montana new mexico north dakota oklahoma south dakota utah washington see infra accompanying text validity chapter first challenged federal courts quinault tribe indians gallagher quinault appeals ninth circuit held enabling act consent people removal disclaimer need made manner valid binding state law relying washington holding state paul legislative action suffice concluded washington assumption jurisdiction valid chapter first challenged state courts washington reaffirmed holding state paul see makah indian tribe state tonasket state see also supra makah reasoned paul makers washington constitution intended purposes art xxvi people speak mouth legislature addition relied quinault proposition constitutional disclaimer need removed method binding state law tonasket washington reaffirmed reasoning also relied alternative ground disclaimer art xxvi construed preclude criminal civil regulation indian lands therefore stand barrier state jurisdiction state asserts well washington constitutional disclaimer pose substantive barrier state assumption jurisdiction fee unrestricted lands within reservation light holding washington satisfied procedural requirements repealing disclaimer need consider scope state constitutional provision disclaimer responded diverse ways pub offer jurisdiction see goldberg pub limits state jurisdiction reservation indians ucla rev one north dakota amended constitution art amended art june laws ch laws ch kennerly district montana emphasized need responsible jurisdictions manifes political action willingness ability discharge new responsibilities kennerly involved attempt state courts montana assert civil jurisdiction transaction occurred within reservation boundaries tribe requested state jurisdiction state obligated assume case litigated theory applicable held state must comply requirement affirmative legislative action two cases involving pub also illustrate need responsible action federal statute williams lee held state arizona one disclaimer validly exercise jurisdiction civil action brought indian transaction occurred navaho reservation relied traditional principle state may infringe right reservation indians make laws ruled without express authorization congress williams state attempted comply state taken jurisdiction without state statutory constitutional authorization similar situation obtained mcclanahan arizona state tax held arizona simple legislative enactment tax income earned navaho reservation sources tax statute issue framed measure obligating state assume responsibility pub example nothing legislative history enabling act indicate consent people given process constitutional amendment scant legislative record enabling act devoted debate wisdom splitting dakota territory two admitting immediately union none debates extended discussion indian land disclaimer indication consent people removal disclaimer given people representatives legislature see adverse reports house committee territories may annexed see also cong rec cong rec explicit references disclaimer authority indian lands found supra calling attention fact terms bill large indian reservations dakota territory remain within exclusive control jurisdiction cong rec oklahoma delegate objecting disclaimer policy formally announced con res stat approved july day pub passed house cong rec stated con res policy congress rapidly possible make indians within territorial limits subject laws entitled privileges responsibilities applicable citizens end status wards grant rights prerogatives pertaining american citizenship policy reflected return philosophy general allotment act ch stat amended popularly known dawes act philosophy rejected passage indian reorganization act stat bryan itasca county emphasized pub termination measure construed discussion contrary parties agree pub reflected assimilationist philosophy congress intended facilitate assimilation authorized transfer jurisdiction federal government necessarily mean however intended pub terminate tribal indeed tribe argued even transfer tribal courts retain concurrent jurisdiction areas formerly shared jurisdiction federal government issue however within scope order noting probable jurisdiction see supra decide features pub attracted extensive criticism see generally goldberg supra indeed experience yakima nation sufficient demonstrate act provoked much criticism connection introduction bills proposed general jurisdictional transfer see hearings representative yakimas testified tribe opposed extension state jurisdiction yakima reservation stated yakima indians feel state courts treated well federal courts believe many citizens state still prejudiced indians federal laws tribal laws customs regulations system working well yakima tribe believes continued changed time similar bills introduced congress public hearings held idea general transfer discussed length see hearings see unpublished transcript hearings subcommittee indian affairs house committee interior insular affairs sess june unpublished transcript hearings house committee interior insular affairs sess july hereinafter cited june hearings july hearings respectively transcripts hearings first made available briefing tonasket washington supplied bryan itasca county supra appeal reproduced full appendix brief appellee hearings along house report amended supra senate report virtually identical sess constitute primary legislative materials pub july committee counsel presented amendment eventually become explained effect amendment follows legislation acted upon committee apply five two additional section amendments apply first eight constitutional organic law impediments grant consent remove impediments thus acquire jurisdiction amendment apply indian acquire jurisdiction time legislative body affirmatively indicated desire assume jurisdiction july hearings think grant permission state amend statutes july hearings believe reason instances spelled constitution statutory provisions result act may unnecessary state courts may interpreted necessary ibid committee counsel believe clause notwithstanding provisions enabling act might well included make clear congress repealing enabling act congressman dawson give permission amend constitution committee counsel think help clarify intent committee present time congress favorably acted legislation committee hearings thus make clear intention remove federal barriers assumption jurisdiction enabling act also make clear consent effect immediate transfer jurisdiction see june hearings july hearings house passed bill without debate july cong rec senate bill referred committee interior insular affairs committee held hearings reported bill two days later without amendment bill received brief consideration senate floor passed august tribe intimated washington holding incorrect however procedure disclaimer might removed repealed congress given consent held question state law parties find support positions issue legislative history amendments pub title iv indian civil rights act stat legislation provides extended criminal civil jurisdiction indian country make future extensions consent tribes affected amendments also provide explicitly partial assumption jurisdiction ibid addition authorize accept retrocessions jurisdiction full partial mandatory section repealed proviso repeal intended affect cession made prior repeal section without change rely legislation history finding latter equivocal mindful issues case determined accord legislation enacted congress since entire reservations exempted coverage three mandatory tribe concede option probably assume jurisdiction basis also concedes word might construed mean option need extend civil criminal jurisdiction see june july hearings see ibid see july hearings amendments without change repealed added substantive jurisdictional provisions covering state see suggest future scope jurisdiction appeals disturb finding district chapter applied yakima reservation discriminate tribe members district found governmental legal services available tribe members significantly different offered rural city residents yakima county also concluded distinctions drawn indians statute motivated discriminatory purpose view findings inquiry limited narrow question whether distinctions drawn chapter face violate equal protection clause fourteenth amendment appeals limited holding classification tribe support judgment argued chapter classifications based tribal status offender whether juvenile involved also facially invalid view status classifications chapter indistinguishable interrelated classification far equal protection clause concerned hold pub termination measure whether concurrent tribal state jurisdiction areas reservation issue decide see supra justice marshall justice brennan joins dissenting years resolved ambiguities statutes documents treaties affect retained tribal sovereignty favor indians interpretive principle response unique relationship federal government indian people wards nation dependent upon protection good faith carpenter shaw fundamentally principle doctrinal embodiment right indian nations make laws ruled williams lee right emphatically reaffirmed last term wheeler although retained tribal sovereignty exists sufferance congress may encroach upon indian nation internal congress unequivocally sanctioned presence within reservation see ibid mcclanahan arizona state tax worcester georgia pet see also oliphant suquamish indian tribe marshall dissenting discussion disclaimer issue professes follow settled principle statutory interpretation ante completely ignores rule addressing washington assertion partial jurisdiction view language legislative history pub unequivocally authorize assume type selective geographic jurisdiction washington asserted precedents compel us construe statute favor indians respectfully dissent evident majority opinion text pub face empower option assert partial geographic jurisdiction indian reservations statute refers without limitation criminal civil jurisdiction nevertheless option conditioned exercise full jurisdiction consent affected tribes ante pub permitted washington extend full jurisdiction yakima indian reservation without consulting tribe ante concludes unilaterally assert less full jurisdiction agree pub permits option refuse jurisdiction absent consent indians prior amendments act washington unilaterally extended full jurisdiction reservation majority explain statutory language governing exercise full jurisdiction allows exercise piecemeal jurisdiction washington done refrain exercising full measure allowable jurisdiction ante raises answer critical question whether pub sanctions jurisdictional arrangement sparse legislative history pub like statutory language says nothing propriety partial jurisdictional schemes light expressed reluctance least one state assume financial burden jurisdiction indian territory entails silence particularly instructive although selective assertion jurisdiction within reservations obviously ameliorate fiscal concerns point congressional deliberations advanced solution rather congress permitted option refrain exercising full jurisdiction meet financial obligations legislative focus clearly assumption jurisdiction disregard legislative focus allow assumption partial jurisdiction undermines important purpose behind pub enacting statute congress sought eliminate serious hiatus authority indian reservations supra attributable large part division law enforcement functions among federal state indian authorities intended accomplish goal granting authority previously exercised federal government thereby simplifying administration law indian reservations see subcommittee hearings washington complex jurisdictional system dependent status offender location crime type offense involved means simplifies law enforcement yakima reservation cf national american indian judges justice american indian impact public law upon administration justice indian reservations contrary exacerbates confusion statute designed redress congress intended condone exercise limited jurisdiction random geographic basis easily expressed purpose see bryan itasca county mattz arnett mcclanahan arizona state tax menominee tribe indians creek county seber indeed amendments act authorized partial criminal civil jurisdiction subject matter geography indians consent unwilling presume congress failure sanction piecemeal jurisdiction similar terms unintentional event indisputable statute unambiguously authorize assertion partial jurisdiction adhere nominally practice resolving ambiguities favor indians washington jurisdictional arrangement stand accordingly dissent worcester georgia pet mclean concurring kansas indians board county miami wall jones meehan cherokee intermarriage cases choate trapp alaska pacific fisheries carpenter shaw santa fe pacific squire capoeman menominee tribe indians mcclanahan arizona state tax bryan itasca county since invalidate washington jurisdictional arrangement ground need address disclaimer issue present purposes assume washington required amend constitutional disclaimer authority indian lands exercise power reservation may disjunctive language allows option exercise either criminal civil jurisdiction see ante perhaps extension jurisdiction reservation reservation also permissible see ante neither questions posed case issue presented whether language pub authorizes patchwork jurisdictional arrangement suits peculiar interests amendments prohibit exercising jurisdiction indian reservations without tribal consent see hearings subcommittee indian affairs house committee interior insular affairs hereinafter subcommittee hearings hearings house committee interior insular affairs hereinafter committee hearings see committee hearings supra see subcommittee hearings committee hearings cong rec statement thye letter gov anderson thye see supra subcommittee hearings hearings subcommittee indian affairs house committee interior insular affairs statement goldberg public law limits state jurisdiction reservation indians ucla rev legislative history amendments provides evidence congress unambiguously sanction assertion selective jurisdiction numerous conflicting opinions whether new provisions authorizing assume partial jurisdiction effected change law department interior intimated partial assumption criminal jurisdiction novel idea recommended partial jurisdiction civil matters concluded extension criminal jurisdiction piecemeal basis needs considered hearings constitutional rights american indian subcommittee constitutional rights senate committee judiciary letter frank barry acting secy interior eastland letter also noted department justice opposed selective extensions criminal jurisdiction likelihood unnecessary confusion enforcement criminal laws ibid however assistant secretary interior harry anderson believed authority assume piecemeal jurisdiction implicit pub hearings related bills subcommittee indian affairs house committee interior insular affairs letter wayne aspinall contrast congressman aspinall played fundamental role drafting pub stated new provisions substantially altered prior law cong rec similarly arthur lazarus attorney representing six tribes argued ne major objections public law nothing approach requiring assume jurisdiction indian reservations jurisdiction desired hearings supra deputy attorney general warren christopher noncommittal reading prior law letter aspinall subsequent legislative consideration precise issue us sheds light intent congress see mattz arnett moe salish kootenai tribes bryan itasca county given congressional executive equivocation apparent certainty unfounded