Title 25 — IndiansRelease 119-73

§1325 Abatement of actions

Title 25 › Chapter CHAPTER 15— - CONSTITUTIONAL RIGHTS OF INDIANS › Subchapter SUBCHAPTER III— - JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS › § 1325

Last updated Apr 6, 2026|Official source

Summary

If the United States gives up jurisdiction under this subchapter, any lawsuit or agency case that was already started in a U.S. court or agency will not end because of that change. The change in who has jurisdiction only takes effect the day after the case is finally decided. If the United States gives up jurisdiction, U.S. courts still have the power to try, decide, and sentence people for crimes that happened before the cession’s effective date, as long as the act was a federal offense when it occurred. For those criminal cases, the cession takes effect the day after the case is finally decided.

Full Legal Text

Title 25, §1325

Indians — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1325

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73