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Title 25 — IndiansRelease 119-73

§1321 Assumption by State of criminal jurisdiction

Title 25 › Chapter CHAPTER 15— - CONSTITUTIONAL RIGHTS OF INDIANS › Subchapter SUBCHAPTER III— - JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS › § 1321

Last updated Apr 6, 2026|Official source

Summary

A State that does not normally have criminal power in Indian country can choose to take some or all of that power if the Indian tribe that lives on that land agrees. If the State does this, its criminal laws will apply there the same way they do elsewhere in the State. If a tribe asks and the Attorney General agrees, the United States must also join in prosecuting crimes covered by sections 1152 and 1153 of title 18 in that tribe’s Indian country. None of this lets anyone sell, take, mortgage, or tax trust land or other property (including water rights) held for Indians or legally barred from sale. It also does not allow rules that conflict with federal treaties or laws, and it does not remove treaty or legal rights to hunt, trap, fish, or how those activities are licensed or regulated.

Full Legal Text

Title 25, §1321

Indians — Source: USLM XML via OLRC

(a)(1)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.
(2)At the request of an Indian tribe, and after consultation with and consent by the Attorney General, the United States shall accept concurrent jurisdiction to prosecute violations of section 1152 and 1153 of title 18 within the Indian country of the Indian tribe.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Pub. L. 111–211 substituted “Assumption by State of criminal jurisdiction” for “Assumption by State” in section catchline, inserted subsec. (a) heading, inserted par. (1) designation and heading, and added par. (2). Amendment to section catchline was executed as the probable intent of Congress, notwithstanding directory language which erroneously directed the amendment to subsec. (a).

Reference

Citations & Metadata

Citation

25 U.S.C. § 1321

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73