§1162 State Jurisdiction Over Offenses Committed by or Against Indians in the Indian Country

Summary

Gives certain States and Territories the power to handle crimes by or against American Indians in specific Indian country areas the same way they handle crimes elsewhere in the State. The affected areas are: Alaska (all Indian country except that on Annette Islands the Metlakatla Indian community can act like a tribe), California (all), Minnesota (all except the Red Lake Reservation), Nebraska (all), Oregon (all except the Warm Springs Reservation), and Wisconsin (all). That power does not let a State sell, tax, mortgage, or otherwise take or regulate trust or restricted Indian property (including water rights) in ways that conflict with federal treaties, laws, or rules, or take away treaty hunting, trapping, or fishing rights. Federal criminal rules in sections 1152 and 1153 do not apply in the areas listed as under State control, unless an Indian tribe asks and the Attorney General agrees; then sections 1152 and 1153 apply and federal, State, and tribal authorities share jurisdiction.