What is the current state of the Indian community's position on tribal regulatory authority?

White Mountain Apache Tribe, supra , 448 U.S. at pp. 142-143 [100 S.Ct. at p. 2583, 65 L.Ed.2d at pp. 671-672].) This power, along with the tribes' semi-independent position, has given rise to two independent but related barriers to the assertion of state regulatory authority over tribal reservations and members. ( Id. , at p. 142 [100 S.Ct. 2578].) First, state authority may be preempted by federal law. Second, it may interfere with "the right of reservation Indians to make their own laws and be ruled by them." ( Ibid. , quoting Williams v. Lee (1959) 358 U.S. 217, 220 [79 S.Ct. 269, 271, 3 L.Ed.2d 251, 254].) The two barriers are independent because either, standing alone, can be a sufficient basis for holding state law inapplicable to activity undertaken on the reservation or by tribal members. ( White Mountain Apache Tribe, supra , 448 U.S. at p. 143 [100 S.Ct. at p. 2583, 65 L.Ed.2d at p. 672].)

[223 Cal.Rptr.3d 871]