sure. This is codified 18 USC ยง 1153 http://www.law.cornell.edu/uscode/usc_sec_18_00001153----000-.html
- murder
- manslaughter
- kidnapping
- maiming
- a felony under chapter 109A (aggravated sexual assault)
- incest
- assault with intent to commit murder
- assault with a dangerous weapon
- assault resulting in serious bodily injury (as defined in section 1365 of this title)
- an assault against an individual who has not attained the age of 16 years
- felony child abuse or neglect
- arson
- burglary
- robbery
- a felony under section 661 of this title (theft more than $1000 or "from the person of another" ie pickpocketing, purse snatching, etc)
And I guess I miscounted the list is 15. Maybe I combined two of the assaults when I counted before.
This is the list of laws that the FBI has jurisdiction over in "Indian country" any other law comes from the tribal government themselves. I do not envision many other laws, if any (one of the things that has to be discussed by the initial founders). I cant really think of any other laws that really need to be created.
In the case Standing Bear v United States (1995) it was deemed that other laws apply
if they are "underlying felonies" of one of these laws. Specifically Standing Bear murdered someone with a gun, 18 USC 924(c)(1) applied "using a gun in a violent crime" and he got the 5 extra mandatory years on top of the murder sentence. The court reasoned that because it was an "underlying felony" it applied, had that not been the case it would not have (and there are tons of cases where the courts agree all the other laws do not apply). 18 USC 921 et seq is the federal firearms laws which the courts have affirmed do not generally apply and it requires one of these laws to be violated to allow them to apply to Indians on Indian land under the "underlying felony" logic (I think that is BS, the law doesnt apply and nothing but the courts says anything about "underlying felonies" granting jurisdiction).
I have no problem with that list of crimes, although I would prefer they be done locally and not federally. Again to clarify there is no enumerated requirement to be a tribal member, its up to the tribal government itself who gets in and who does not. Specifically there is no blood quantum requirement at all. A tribal member is a member of that particular tribe whose land it is, an indian of another tribe (per the courts) is like anyone else on that land. The courts ruled this way because customs and all may be different from tribe to tribe and only tribal members consented to be governed by that tribe. A tribal member is someone enrolled in that tribe, you may have ancestry to a particular tribe and not be a tribal member, you may live on the reservation and not be a member (70% of the Wind River reservation is not a member).
Keep in mind that this only applies to tribal members and not everyone.
Non-tribal member walks into a bar ... oh you heard this one? Ok so a non-tribal member goes onto indian country they fall into the surrounding state and federal law category, if they violate any of those they can be carted off. Non-members cannot be tried in a tribal court, they did not consent to their laws and the customs may be different. In a case of a non-member they are extradited off to the regular criminal justice system. Non-tribal members may also be ejected at will from tribal land, something states cannot even do (refusal to leave is a federal crime).
Non-tribal member is on indian country and a tribal member does something that is NOT one of these laws, the surrounding state and federal laws apply. If the tribal government prosecutes first the feds cannot (state laws are prosecuted federally). This is not double jeopardy exceptions this is a special law that creates this limit. The courts claim that double jeopardy is only be the same sovereign entity so the state and feds can prosecute you for the same act (although I havent seen that happen). It is special when it is an indian on indian country though.
Tribal members off their land have to follow all the laws everyone else does, which makes sense - if you ride a motorcycle and go from a helmet optional state to a helmet mandatory state you better have a helmet, same thing applies.
This all gets very complex when you mix tribal members and non tribal members. The feds have a 2.5 day jurisdiction/border course for law enforcement to cover all of this.
