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By Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General

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Ordinance requirement 363 b. State law condition requirement 364 c. Tribal-state compact or secretarially prescribed procedures requirement 365 i. Authority to enter into compacts 366 ii. Compact provisions and approval 367 iii. Good-faith litigation 369 D. Federal Civil and Criminal Enforcement Authority 374 Page xii Chapter 13 Indian Child Welfare Act 377 I. ICWA Applicability 378 II. Jurisdiction Under the ICWA 384 A. Exclusive Tribal Jurisdiction 384 B. Preferred Tribal Jurisdiction 388 III.

375, 381 (1886); accord Roff v. S. 218, 221 (1897). S. ) 543 (1823). 12 Application of the doctrine of discovery in Johnson has been criticized harshly,13 but it provided, when read together with Cherokee Nation, a straightforward conceptual approach to adjusting the boundaries of federal, state, and tribal jurisdiction in matters wholly unrelated to land transfers. The first use of this approach occurred a year after Cherokee Nation in Worcester v. 15 The minister challenged the state statute upon which his conviction was predicated, and, following a lengthy analysis of the doctrine of discovery,16 pre-Revolution English practice concerning land grants and dealings with tribes,17 the language of various post-Revolution treaties between the United States and the Cherokee Nation,18 and the commitment under both the Articles of Confederation and the Constitution of Indian affairs to the national government,19 Chief Justice Marshall found the Georgia law 10Id.

J. at 14450 (analyzing hypothetical litigation in which federal government sued for breach of trust because of gaming revenue theft by organized crime interests). , Nance v. 2d 701, 711 (9th Cir. 1981). 60Nevada v. S.

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