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Public Law 83-280 (18 U.S.C. § 1162, 28 U.S.C. § 1360)
18 U.S.C. § 1162. State Jurisdiction over offenses committed by or against
Indians in the Indian country
(a) Each of the States or Territories listed in the following table shall have
jurisdiction over offenses committed by or against Indians in the areas of
Indian country listed opposite the name of the State or Territory to the same
extent that such State or Territory has jurisdiction over offenses committed
elsewhere within the State or Territory, and the criminal laws of such State or
Territory shall have the same force and effect within such Indian country as
they have elsewhere within the State or Territory:
State or Territory of Indian country affected
Alaska All Indian country within the State, except that on Annette Islands, the
Metlakatla Indian community may exercise jurisdiction over offenses committed by
Indians in the same manner in which such jurisdiction may be exercised by Indian
tribes in Indian country over which State jurisdiction has not been extended.
California All Indian country within the State.
Minnesota All Indian country within the State, except the Red Lake Reservation.
Nebraska All Indian country within the State
Oregon All Indian country within the State, except the Warm Springs Reservation.
Wisconsin All Indian country within the State.
(b) Nothing in this section shall authorize the alienation, encumbrance, or
taxation of any real or personal property, including water rights, belonging to
any Indian or any Indian tribe, band, or community that is held in trust by the
United States or is subject to a restriction against alienation imposed by the
United States; or shall authorize regulation of the use of such property in a
manner inconsistent with any Federal treaty, agreement, or statute or with any
regulation made pursuant thereto; or shall deprive any Indian or any Indian
tribe, band, or community of any right, privilege, or immunity afforded under
Federal treaty, agreement, or statute with respect to hunting, trapping, or
fishing or the control, licensing, or regulation thereof.
(c) The provisions of sections 1152 and 1153 of this chapter shall not be
applicable within the areas of Indian country listed in subsection (a) of this
section as areas over which the several States have exclusive jurisdiction.
28 U.S.C. § 1360. State civil jurisdiction in actions to which Indians are
parties
(a) Each of the States listed in the following table shall have jurisdiction
over civil causes of action between Indians or to which Indians are parties
which arise in the areas of Indian country listed opposite the name of the State
to the same extent that such State has jurisdiction over other civil causes of
action, and those civil laws of such State that are of general application to
private persons or private property shall have the same force and effect within
such Indian country as they have elsewhere within the State:
State of Indian country affected
Alaska All Indian country within the State.
California All Indian country within the State.
Minnesota All Indian country within the State, except the Red Lake Reservation.
Nebraska All Indian country within the State
Oregon All Indian country within the State, except the Warm Springs Reservation.
Wisconsin All Indian country within the State.
(b) Nothing in this section shall authorize the alienation, encumbrance, or
taxation of any real or personal property, including water rights, belonging to
any Indian or any Indian tribe, band, or community that is held in trust by the
United States or is subject to a restriction against alienation imposed by the
United States; or shall authorize regulation of the use of such property in a
manner inconsistent with any Federal treaty, agreement, or statute or with any
regulation made pursuant thereto; or shall confer jurisdiction upon the State to
adjudicate, in probate proceedings or otherwise, the ownership or right to
possession of such property or any interest therein.
(c) Any tribal ordinance or custom heretofore or hereafter adopted by an Indian
tribe, band, or community in the exercise of any authority which it may possess
shall, if not inconsistent with any applicable civil law of the State, be given
full force and effect in the determination of civil causes of action pursuant to
this section.
25 U.S.C. § 1321. Assumption by State of criminal jurisdiction
(a) Consent of United States; force and effect of criminal laws
The consent of the United States is hereby given to any State not having
jurisdiction over criminal offenses committed by or against Indians in the areas
of Indian country situated within such State to assume, with the consent of the
Indian tribe occupying the particular Indian country or part thereof which could
be affected by such assumption, such measure of jurisdiction over any or all of
such offenses committed within such Indian country or any part thereof as may be
determined by such State to the same extent that such State has jurisdiction
over any such offense committed elsewhere within the State, and the criminal
laws of such State shall have the same force and effect within such Indian
country or part thereof as they have elsewhere within that State.
(b) Alienation, encumbrance, taxation, and use of property; hunting, trapping,
or fishing
Nothing in this section shall authorize the alienation, encumbrance, or taxation
of any real or personal property, including water rights, belonging to any
Indian or any Indian tribe, band, or community that is held in trust by the
United States or is subject to a restriction against alienation imposed by the
United States; or shall authorize regulation of the use of such property in a
manner inconsistent with any Federal treaty, agreement, or statute or with any
regulation made pursuant thereto; or shall deprive any Indian or any Indian
tribe, band, or community of any right, privilege, or immunity afforded under
Federal treaty, agreement, or statute with respect to hunting, trapping, or
fishing or the control, licensing, or regulation thereof.
25 U.S.C. § 1322. Assumption by State of civil jurisdiction
(a) Consent of United States; force and effect of civil laws
The consent of the United States is hereby given to any State not having
jurisdiction over civil causes of action between Indians or to which Indians are
parties which arise in the areas of Indian country situated within such State to
assume, with the consent of the tribe occupying the particular Indian country or
part thereof which would be affected by such assumption, such measure of
jurisdiction over any or all such civil causes of action arising within such
Indian country or any part thereof as may be determined by such State to the
same extent that such State has jurisdiction over other civil causes of action,
and those civil laws of such State that are of general application to private
persons or private property shall have the same force and effect within such
Indian country or part thereof as they have elsewhere within that State.
(b) Alienation, encumbrance, taxation, use, and probate of property
Nothing in this section shall authorize the alienation, encumbrance, or taxation
of any real or personal property, including water rights, belonging to any
Indian or any Indian tribe, band, or community that is held in trust by the
United States or is subject to a restriction against alienation imposed by the
United States; or shall authorize regulation of the use of such property in a
manner inconsistent with any Federal treaty, agreement, or statute, or with any
regulation made pursuant thereto; or shall confer jurisdiction upon the State to
adjudicate, in probate proceedings or otherwise, the ownership or right to
possession of such property or any interest therein.
(c) Force and effect of tribal ordinances or customs
Any tribal ordinance or custom heretofore or hereafter adopted by an Indian
tribe, band, or community in the exercise of any authority which it may possess
shall, if not inconsistent with any applicable civil law of the State, be given
full force and effect in the determination of civil causes of action pursuant to
this section.
25 U.S.C. § 1323. Retrocession of jurisdiction by State
(a) Acceptance by United States
The United States is authorized to accept a retrocession by any State of all or
any measure of the criminal or civil jurisdiction, or both, acquired by such
State pursuant to the provisions of section 1162 of title 18, section 1360 of
title 28, or section 7 of the Act of August 15, 1953 (67 Stat. 588), as it was
in effect prior to its repeal by subsection (b) of this section.
(b) Repeal of statutory provisions
Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but
such repeal shall not affect any cession of jurisdiction made pursuant to such
section prior to its repeal.
25 U.S.C. § 1324. Amendment of State constitutions or statutes to remove legal
impediment; effective date
Notwithstanding the provisions of any enabling Act for the admission of a State,
the consent of the United States is hereby given to the people of any State to
amend, where necessary, their State constitution or existing statutes, as the
case may be, to remove any legal impediment to the assumption of civil or
criminal jurisdiction in accordance with the provisions of this subchapter. The
provisions of this subchapter shall not become effective with respect to such
assumption of jurisdiction by any such State until the people thereof have
appropriately amended their State constitution or statutes, as the case may be.
25 U.S.C. § 1325. Abatement of actions
(a) Pending actions or proceedings; effect of cession
No action or proceeding pending before any court or agency of the United States
immediately prior to any cession of jurisdiction by the United States pursuant
to this subchapter shall abate by reason of that cession. For the purposes of
any such action or proceeding, such cession shall take effect on the day
following the date of final determination of such action or proceeding.
(b) Criminal actions; effect of cession
No cession made by the United States under this subchapter shall deprive any
court of the United States of jurisdiction to hear, determine, render judgment,
or impose sentence in any criminal action instituted against any person for any
offense committed before the effective date of such cession, if the offense
charged in such action was cognizable under any law of the United States at the
time of the commission of such offense. For the purposes of any such criminal
action, such cession shall take effect on the day following the date of final
determination of such action.
25 U.S.C. § 1326. Special election
State jurisdiction acquired pursuant to this subchapter with respect to criminal
offenses or civil causes of action, or with respect to both, shall be applicable
in Indian country only where the enrolled Indians within the affected area of
such Indian country accept such jurisdiction by a majority vote of the adult
Indians voting at a special election held for that purpose. The Secretary of the
Interior shall call such special election under such rules and regulations as he
may prescribe, when requested to do so by the tribal council or other governing
body, or by 20 per centum of such enrolled adults.
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