§233 — Title 25 Indians | U.S. Code

Summary

New York state courts can hear civil cases between Indians, or between Indians and others, the same as other state civil cases. The leaders of any recognized tribe in New York could, if they passed laws before September 13, 1952, pick tribal laws and customs to keep. If the tribe sent those laws to the Secretary of the Interior and they were printed in the Federal Register, those tribal rules would apply in reservation civil cases when the issue involves them. Courts may also use other tribal laws or customs if those are proven in court. Tribes and their members do not have to buy New York hunting or fishing licenses for rights given by agreement, treaty, or custom. Reservation land is not subject to state or local taxes, and reservation land or federal or state annuities for Indians generally cannot be taken to pay a judgment, except when one tribal member sues another about using or owning land. The law does not allow removing reservation land from a tribe, and it does not give state courts power over civil claims about Indian lands or claims based on events before September 13, 1952.

Title 25, §233

Indians — Source: USLM XML via OLRC

The courts of the State of New York under the laws of such State shall have jurisdiction in civil actions and proceedings between Indians or between one or more Indians and any other person or persons to the same extent as the courts of the State shall have jurisdiction in other civil actions and proceedings, as now or hereafter defined by the laws of such State: Provided, That the governing body of any recognized tribe of Indians in the State of New York shall have the right to declare, by appropriate enactment prior to September 13, 1952, those tribal laws and customs which they desire to preserve, which, on certification to the Secretary of the Interior by the governing body of such tribe shall be published in the Federal Register and thereafter shall govern in all civil cases involving reservation Indians when the subject matter of such tribal laws and customs is involved or at issue, but nothing herein contained shall be construed to prevent such courts from recognizing and giving effect to any tribal law or custom which may be proven to the satisfaction of such courts: Provided further, That nothing in this section shall be construed to require any such tribe or the members thereof to obtain fish and game licenses from the State of New York for the exercise of any hunting and fishing rights provided for such Indians under any agreement, treaty, or custom: Provided further, That nothing herein contained shall be construed as subjecting the lands within any Indian reservation in the State of New York to taxation for State or local purposes, nor as subjecting any such lands, or any Federal or State annuity in favor of Indians or Indian tribes, to execution on any judgment rendered in the State courts, except in the enforcement of a judgment in a suit by one tribal member against another in the matter of the use or possession of land: And provided further, That nothing herein contained shall be construed as authorizing the alienation from any Indian nation, tribe, or band of Indians of any lands within any Indian reservation in the State of New York: Provided further, That nothing herein contained shall be construed as conferring jurisdiction on the courts of the State of New York or making applicable the laws of the State of New York in civil actions involving Indian lands or claims with respect thereto which relate to transactions or events transpiring prior to September 13, 1952.

Statutory Notes and Related Subsidiaries

Effective Date

Act Sept. 13, 1950, ch. 947, § 2, 64 Stat. 846, provided: “This Act [this section] shall take effect two years after the date of its passage [Sept. 13, 1950].”

§233 Jurisdiction of New York State courts in civil actions

Summary

Title 25, §233

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata