This is an extract of our Jurisdiction Chart document, which we sell as part of our Federal Indian Law Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Federal Indian Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Civil Regulatory Jurisdiction, States State Regulation on Fee Land or Trust land
Regulating Non Member: Law
? Infringement Test. Williams v. Lee.
? Substantive and licensing regulation in alcohol sales permitted b/c tribe has never had sovereignty over this. Rice v Rehner.
? Not if federal law is so expansive as to preempt further state law in the subject area. Field preemption with low threshold. Warran Trading Post.
? But balance state interests against fed/Ind interests, consider value generated and apply the legal incidence test. Colville, Mescalero Apache.
? May also consider whether tribal regulation is so expans that add'l state reg's would conflict. New Mexico v. Mescalero Apache Tax
? Membership, not Indian status, is what matters. Colville.
? Infringement test. Williams v. Lee. Depriving tribe of revenue does not violate this test. Colville.
? Warran, Colville, Mescalero preemption & balancing test
? Court more likely to allow taxation of cigarettes, or something just bought and resold. Colville.
? Less likely to allow taxation of natural resources, (Bracke or enjoyment derived from Rez (Mescalero Apache), eve when state provides minimal services.
? Bracker express Williams concern, general interest in raising revenues is not enough to justify state taxation.
? If not preempted, may tax if state is providing services t allow the business to operate, even if those services are substantially less value than the tax revenue. Cotton Petroleum.
Regulating Member Indian: Law: No. Infringement test. Williams v. Lee Tax: No income or property taxes. Preempted. McClanahan, Bryan. Probably can't tax purchases, because Indians not benefitting from the tax revenues (Colville reasoning sort of...) PL 280 State:
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