Title 25 — IndiansRelease 119-73

§1322 Assumption by State of civil jurisdiction

Title 25 › Chapter CHAPTER 15— - CONSTITUTIONAL RIGHTS OF INDIANS › Subchapter SUBCHAPTER III— - JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS › § 1322

Last updated Apr 6, 2026|Official source

Summary

The United States lets a State that does not already have power over civil disputes involving Indians in a part of Indian country take on that power if the tribe whose land is affected agrees. The State can decide how much power to assume and can apply its ordinary civil laws there the same way it does elsewhere. The State must not allow the sale, mortgage, or taxation of Indian or tribal land or property that is held in trust by the United States or is legally restricted. The State also cannot make rules that conflict with federal treaties, laws, or regulations, or decide ownership in probate. Tribal laws or customs still count in civil cases unless they conflict with the State’s civil law.

Full Legal Text

Title 25, §1322

Indians — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1322

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73