Title 25 — IndiansRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The United States allows a State that does not already handle civil cases about Native Americans on Indian land inside the State to take that authority if the tribe living there agrees. The State can apply its usual civil laws for private people or private property on that Indian land the same way it does elsewhere in the State. The State cannot sell, mortgage, or tax Indian trust or restricted property, including water rights. It cannot act in ways that conflict with federal treaties, laws, or regulations. The State also cannot decide who owns or has the right to possess such property in inheritance or other court cases. Tribal laws or customs still apply in civil cases unless they conflict with state civil law.

Full Legal Text

Title 25, §1322

Indians — Source: USLM XML via OLRC

(a)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)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)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

Apr 5, 2026

Release point: 119-73not60