Title 25, IndiansRelease 119-110

§1322 Assumption by State of Civil Jurisdiction

Title 25 › CHAPTER 15 — CONSTITUTIONAL RIGHTS OF INDIANS › SUBCHAPTER III — JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS › § 1322

Last updated Sep 22, 2026|Official source

Summary

A State may take over civil court cases that happen in Indian country inside the State — cases between Indians or where Indians are parties — if the United States and the tribe that lives there both agree. When a State does this, its regular civil laws that apply to private people or private property apply in that Indian country the same way they do elsewhere in the State. This does not let the State allow sale, mortgage, tax, or use rules for Indian property (including water rights) that is held in trust by the United States or is legally restricted from sale, or let the State act in ways that conflict with federal treaties, laws, or regulations. The State also cannot decide ownership or possession of such trust or restricted property in probate or other proceedings. Tribal laws or customs the tribe adopts still count in civil cases under this rule, as long as they do not conflict with the State’s civil laws.

Full Legal Text

Title 25, §1322

Indians, Source: USLM XML via OLRC

(a)Consent of United States; force and effect of civil laws

The consent of the United States is hereby given to any State not having jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country situated within such State to assume, with the consent of the tribe occupying the particular Indian country or part thereof which would be affected by such assumption, such measure of jurisdiction over any or all such civil causes of action arising 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 other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that State.

(b)Alienation, encumbrance, taxation, use, and probate of property

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 confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein.

(c)Force and effect of tribal ordinances or customs

Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1322

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110