Elections
Indians residing on nontaxable land are electors of the town of residence. Where new towns are created by division, each such town must be 36 sections in area, unless each such town, after division, has 75 electors and taxable real estate of $200,000 or more. 66-256
Federal surplus property
Federally recognized Indian tribal councils are eligible under the state program for the distribution of federal surplus property to public agencies under P. L. 94-519. (Unpub.). 61-1979
Fishing rights
Indian fishers eligible to share in tribal treaty fishing rights are also eligible to apply for and hold a state commercial fishing license, but the State can exclude such individuals from sharing in non-Indian individual catch quotas applicable to a particular species of fish where a total harvest quota is necessary to prevent the substantial depletion of that species and where such quota must be apportioned between Indian and non-Indian fishers in order to safeguard the Indian's treaty rights. 68-416
Gambling
Under article IV, section 24 of the Wisconsin Constitution, and chapter 565, Stats., the state lottery board may conduct any lottery game which complies with the ticket language in the constitution and chapter 565. The term "lottery" in the constitution and statutes does not include any other forms of betting, the playing or operation of gambling machines and devices and other forms of gambling defined in chapter 945. The Legislature can statutorily authorize other non-lottery gambling including casino-type games.
Under the Indian Gaming Regulatory Act, 25 U.S.C.A. §§ 2701-2721 (West Supp. 1989), gambling activities as defined and prohibited in chapter 945, other than lotteries and pari-mutuel on-track wagering, are not permitted by any person within or without Indian country in the State of Wisconsin. This prohibition includes all non-lottery gambling such as casino-type games, gambling machines and other devices. The Legislature can statutorily authorize non-lottery gambling within Indian country. 79-14
Laws regarding gambling will apply on Indian reservations if they prohibit gambling activities entirely, but not if they merely regulate these activities. Most state laws regarding the newly allowed gambling activities of lotteries and parimutuel betting will not apply on Indian Reservations because these activities will no longer be entirely prohibited. 77-24
The State's anti-gambling laws are enforceable against Indians on Indian reservations under the authority of P. L. 280. 72-182
Indian Child Welfare Act
Jurisdictional questions relating to the implementation of the Indian Child bobbie Welfare Act (25 U.S.C. sec. 1901 et seq. discussed. 70-237
Intoxicating liquors
State liquor laws, including licensing requirements, are applicable to liquor establishments owned or operated by either tribe members or non-Indians, and located on Indian reservations. Any license issued counts toward the local quota. 75-123
The State of Wisconsin has no jurisdiction to require the Sokaogon (Mole Lake) Indian Tribe to secure a liquor license from the Town of Nashville in order to sell alcoholic beverages on the Mole Lake Indian Reservation during its annual Bluegrass Festival. 69-183
Jurisdiction
Jurisdictional questions relating to the implementation of the Indian Child Welfare Act (25 U.S.C. sec. 1901 et seq.) discussed. 70-237
Lac du Flambeau Reservation
The State has express authority under the General Allotment Act of 1887, as amended, 25 U.S.C. sec. 331 et seq., particularly 25 U.S.C. sec. 349, to impose ad valorem property taxes on Indian fee patented lands located within the Lac du Flambeau Reservation which were originally allotted under the Act after February 8, 1887. Indian fee patented lands allotted prior to that date directly under the Treaty of September 30, 1854, are not taxable by the State under 25 U.S.C. sec. 349. 72-74
Land
Land recently purchased and held in trust for Indian tribes or tribe members under the superintendence of federal government has the same reservation status as land reserved for the use of Indian tribes or tribe members by treaty or legislation. 71-82
Law enforcement
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Discussion of state, county and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago Tribe on tribal lands. 78-122
Jurisdictional relationship between State and Menominee Tribe discussed. 70-36
While sheriffs lack statutory or common law authority to contract to provide county dispatch services to outside entities such as tribal public safety departments, sheriffs do have exclusive authority to instruct their deputies as to how such dispatch services should be performed in furtherance of their law enforcement functions. 78-85
Law enforcement, fresh pursuit onto reservation
State and county conservation wardens and Sheriffs officers have authority under state law to arrest a Menominee Indian suspect on the reservation following fresh pursuit for an off-reservation violation of state law, if the arrest is one the officer is otherwise authorized to make. Although the State is generally obliged to comply with Menominee tribal extradition procedures, the State's personal tribal extradition procedures, the State's personal jurisdiction over an Indian arrested under the circumstances described is probably not pre-empted by federal law. 74-245
Liquor license
Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of ch. 125, Stats., and any license issued to a tribe counts toward the local quota. 76-80
Menominee County
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Public Law 280 (67 Stat. 588, 28 U.S.C. sec. 1360 and 18 U.S.C. sec. 1162) is not applicable to the Menominee Tribe but state general jurisdiction will continue until the federal and tribal governments assume jurisdiction pursuant to the Menominee Restoration Act. Menominee County or portions thereof, could be merged with an adjoining county or counties by procedures set forth in sec. 59.997, Wis. Stats., but any division of the county would require prior majority vote of the county's legal voters. 64-184
Menominee Restoration Act
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Public Law 280 (67 Stat. 588, 28 U.S.C. sec. 1360 and 18 U.S.C. sec. 1162) is not applicable to the Menominee Tribe but state general jurisdiction will continue until the federal and tribal governments assume jurisdiction pursuant to the Menominee Restoration Act. Menominee County or portions thereof, could be merged with an adjoining county or counties by procedures set forth in sec. 59.997, Wis. Stats., but any division of the County would require prior majority vote of the County's legal voters. 64-184
Mining operations
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the reservation is also discussed. 75-220
Mole Lake
See Sokaogon
Oneida Roadway Inn
Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of ch. 125, Stats., and any license issued to a tribe counts toward the local quota. 76-80
Oneida Tribe
If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80-332
Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132
Property taxes
The State has express authority under the General Allotment Act of 1887, as amended, 25 U.S.C. sec. 331 et seq., particularly 25 U.S.C. sec. 349, to impose ad valorem property taxes on Indian fee patented lands located within the Lac du Flambeau Reservation which were originally allotted under the Act after February 8, 1887. Indian fee patented lands allotted prior to that date directly under the Treaty of September 30, 1854, are not taxable by the State under 25 U.S.C. sec. 349. 72-74
Public defenders
Wisconsin Indian Legal Services Center, Inc., is not a "local public defender organization," and the Public Defender Board has no authority to contract with such nonstock corporation for the furnishing of legal services to indigents pursuant to sec. 977.03, Stats. 66-334
Sales and use tax
The State may not constitutionally impose the general sales tax, section 77.52, Stats., on reservation sales of cigarettes and bingo admissions by Indian retailers to non-members of the governing tribe. The State may impose the use tax, section 77.53, Stats., on such cigarette sales and, arguably, on sales of bingo admissions. Section 77.53 requires Indian retailers to precollect the use tax. Whether the chapter 77 use tax may be imposed on reservation sales of other types of services to non-Indians depends on the facts of the particular case. Impediments to effective enforcement when the retailer is an Indian tribe or tribal corporation discussed. 74-134
Sewerage commissions
Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132
Sokaogon (Mole Lake) Indian Tribe
The State of Wisconsin has no jurisdiction to require the Sokaogon (Mole Lake) Indian Tribe to secure a liquor license from the Town of Nashville in order to sell alcoholic beverages on the Mole Lake Indian Reservation during its annual Bluegrass Festival. 69-183
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the Reservation is also discussed. 75-220
Stockbridge-Munsee Reservation
The Stockbridge-Munsee Indian Tribe has the exclusive right to hunt and fish on tribal lands and has the right to regulate such activities by both Indian and non-Indian persons upon such lands. Current and former Stockbridge Munsee Reservation boundaries discussed. 69-72
Taxation
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Telecommunications
