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Title 25, IndiansRelease 119-110

§1321 Assumption by State of Criminal Jurisdiction

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

Last updated Sep 22, 2026|Official source

Summary

The federal government allows a State that does not already have criminal authority over crimes involving Indians in Indian country inside that State to take on some or all of that authority, as long as the Indian tribe that lives on the land agrees. If the State takes this authority, its criminal laws apply in that Indian country the same way they do elsewhere in the State. If a tribe asks and the Attorney General consents after consultation, the United States may also prosecute crimes under 18 U.S.C. 1152 and 1153 in that tribal land at the same time. Nothing here lets a State sell, mortgage, or tax trust land or property with a federal restriction, or regulate its use in ways that conflict with federal treaties, agreements, or laws. It also does not remove any federally protected hunting, trapping, or fishing rights or the rules about their licensing or control.

Full Legal Text

Title 25, §1321

Indians, Source: USLM XML via OLRC

(a)Consent of United States
(1)In general
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)Concurrent jurisdiction
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)Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing
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

Sep 22, 2026

Release point: 119-110