Sec. 103. Exclusions regarding Indian tribes and tribal matters
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/bill/116/hr/293/ih/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this Act or the amendments made by this Act shall be construed to amend, modify, or otherwise affect— any agreements, compacts, or other intergovernmental arrangements between any State or local government and any government of an Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) )) relating to the collection of taxes on cigarettes or smokeless tobacco sold in Indian country; any State laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection of State, local, or tribal taxes on cigarettes or smokeless tobacco sold in Indian country; any limitations under Federal or State law, including Federal common law and treaties, on State, local, and tribal tax and regulatory authority with respect to the sale, use, or distribution of cigarettes and smokeless tobacco by or to Indian tribes, tribal members, tribal enterprises, or in Indian country; any Federal law, including Federal common law and treaties, regarding State jurisdiction, or lack thereof, over any tribe, tribal members, tribal enterprises, tribal reservations, or other lands held by the United States in trust for one or more Indian tribes; or any State or local government authority to bring enforcement actions against persons located in Indian country.
Nothing in this Act or the amendments made by this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that— provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products; provides for the seizure of tobacco products or other property related to a violation of such laws; or establishes cooperative programs for the administration of such laws.
Nothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission States or local governments as instrumentalities of the United States. Nothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this Act or an amendment made by this Act within Indian country. Any ambiguity between the language of this section or its application and any other provision of this Act shall be resolved in favor of this section.
In this section— the term Indian country has the meaning given that term in section 1 of the Act of October 19, 1949 ( 15 U.S.C. 375 ; commonly referred to as the Jenkins Act ), as amended by this Act; and the term tribal enterprise means any business enterprise, regardless of whether incorporated or unincorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes.
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