Eaves v. State

LANE, Vice Presiding Judge,

dissenting:

I dissent because 63 O.S.1981, § 1057 is designed for the benefit of Indian tribes and not for the purpose of bringing Indians under state jurisdiction when they would not otherwise be so. The statute is drafted to comply with the Department of Health and Urban Development (HUD) regulations to fund housing for low-income tribal families. The peculiar nature of the statute is that it provides the only way for the tribes to obtain the federal funds.

It has long been known that Congress has plenary power over Indians and Indian activities by virtue of the…