Title 28, Judiciary and Judicial ProcedureRelease 119-110

§1360 State Civil Jurisdiction in Actions to Which Indians Are Parties

Title 28 › PART IV — JURISDICTION AND VENUE › CHAPTER 85 — DISTRICT COURTS; JURISDICTION › § 1360

Last updated Sep 23, 2026|Official source

Summary

The states below must handle civil lawsuits that involve Native Americans and that happen in the named Indian country areas the same way they handle other civil lawsuits. Alaska, California, Nebraska, and Wisconsin: all Indian country in the state. Minnesota: all Indian country except the Red Lake Reservation. Oregon: all Indian country except the Warm Springs Reservation. A State cannot sell, place a lien on, or tax property (including water rights) that the United States holds in trust for a tribe or that is legally barred from being sold. A State may not regulate that property in ways that conflict with federal treaties or laws, and it cannot decide ownership or possessory rights to such trust- or restricted-property in estate or other cases. Tribal laws or customs still count in these civil cases if they do not conflict with the State’s civil laws.

Full Legal Text

Title 28, §1360

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Each of the States listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the name of the 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 as they have elsewhere within the State:
State of | Indian country affected
Alaska | All Indian country within the State.
California | All Indian country within the State.
Minnesota | All Indian country within the State, except the Red Lake Reservation.
Nebraska | All Indian country within the State.
Oregon | All Indian country within the State, except the Warm Springs Reservation.
Wisconsin | All Indian country within the 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–353 struck out “or Territories” after “Each of the States”, struck out “or Territory” after “State” in 5 places, and substituted “within the State” for “within the Territory” in item relating to Alaska. 1978—Subsec. (a). Pub. L. 95–598 directed the amendment of subsec. (a) by substituting in the item relating to Alaska “within the State” for “within the Territory”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an

Effective Date

note preceding section 101 of Title 11, Bankruptcy. 1958—Subsec. (a). Pub. L. 85–615 gave Alaska jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in all Indian country within the Territory of Alaska. 1954—Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe within the provisions of this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–353 effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as an

Effective Date

note under section 151 of this title. Amendment of State Constitutions To Remove Legal Impediment;

Effective Date

Act Aug. 15, 1953, ch. 505, § 6, 67 Stat. 590, provided that: “Notwithstanding the provisions of any Enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of this Act [adding this section and section 1162 of Title 18, Crimes and Criminal Procedure]: Provided, That the provisions of this Act shall not become effective with respect to such assumption of jurisdiction by any such State until the people thereof have appropriately amended their State constitution or statutes as the case may be.” Consent of United States to Other States To Assume JurisdictionAct Aug. 15, 1953, ch. 505, § 7, 67 Stat. 590, which gave consent of the United States to any other State not having jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both, as provided for in this section and section 1162 of Title 18, Crimes and Criminal Procedure, to assume jurisdiction at such time and in such manner as the people of the State shall, by legislative action, obligate and bind the State to assumption thereof, was repealed by section 403(b) of Pub. L. 90–284, title IV, Apr. 11, 1968, 82 Stat. 79, such repeal not to affect any cession of jurisdiction made pursuant to such section prior to its repeal. Retrocession of jurisdiction by State acquired by State pursuant to section 7 of Act Aug. 15, 1953, prior to its repeal, see section 1323 of Title 25, Indians.

Executive Documents

Admission of Alaska as StateAdmission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by section 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1360

Title 28, Judiciary and Judicial Procedure

Last Updated

Sep 23, 2026

Release point: 119-110