§1321 — Title 25 Indians | U.S. Code

Summary

Allows a State that does not already have criminal authority over crimes in Indian country inside the State to take on that authority, but only if the Indian tribe that lives there agrees. If the State takes it on, its criminal laws apply in that Indian land the same as elsewhere in the State. At a tribe’s request, and with the Attorney General’s consent, the United States can also join in prosecuting violations of sections 1152 and 1153 of title 18 in that tribe’s Indian country. None of this lets anyone sell, mortgage, tax, or otherwise take tribal real or personal property (including water rights) that the United States holds in trust or has restricted from sale. It also does not allow rules that conflict with federal treaties, agreements, or laws, or remove tribal hunting, trapping, or fishing rights or how those rights are regulated.

Title 25, §1321

Indians — Source: USLM XML via OLRC

(a)(1)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)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)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.

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).

§1321 Assumption by State of Criminal Jurisdiction

Summary

Title 25, §1321

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata