This distinction is necessary to determine whether a balancing analysis may be used.
Alternatives are available to settle issues of jurisdiction.
Congress may act to enforce federal OSHA regulations over Indians in Indian country or may act to expressly allow states to enforce their own OSHA regulations over non- Indians in Indian country. In the alternative, states may negotiate with Indian tribes to establish tribal safety and health regulations and may assist tribes in establishing their own procedures to enforce these regulations. Focusing on shared interests and goals will ultimately enhance a collaborative relationship between state and tribal governments to the benefit of both. 17 Hamline L. Rev. 474-475.