Sec. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION
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## SEC. 401 ASSUMPTION BY STATE OF CRIMINAL JURISDICTION ### (a)5 Consent of United States 5Section 221(a) of Public Law 111–211 (124 Stat. 2271) provides for amendments to section 401(a) of the Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)). Such amendment probably should have been made to the Civil Rights Act of 1968 but has been executed here to reflect the probable intent of Congress. ####
(1)In general 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)Concurrent jurisdiction 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 sections 1152 and 1153 of title 18, United States Code, 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. **[**[25 U.S.C. 1321](/us/usc/t25/s1321)**]**
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- Pub. L. 111-211
- 124 Stat. 2271
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Sec. 401
ASSUMPTION BY STATE OF CRIMINAL JURISDICTION
Pub. L.Pub. L. 111-211
Stat.124 Stat. 2271
Cites 3Cited by 0 across 0 sources