§ 1321. Assumption by State of criminal jurisdiction
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/usc/title-25/section-1321A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Consent of United States
(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 within the Indian country of the Indian tribe.
(b)Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing 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.
(Pub. L. 90–284, title IV, § 401, Apr. 11, 1968, 82 Stat. 78; Pub. L. 111–211, title II, § 221(a), July 29, 2010, 124 Stat. 2271.)
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- Public Law 100–89To provide for the restoration of the Federal trust relationship and Federal services and assistance to the Ysleta del Sur Pueblo and the Alabama and Coushatta Indian Tribes of Texas, and for other purposes
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5 references not yet in our index
- Pub. L. 90–284, title IV, § 401
- 82 Stat. 78
- Pub. L. 111–211, title II, § 221(a)
- 124 Stat. 2271
- Pub. L. 111–211
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§ 1321
Assumption by State of criminal jurisdiction
Fed. Reg.×8
Stat.×7
Stat. Comp.×4
C.F.R.×3
U.S.C.×1
Pub. L.Pub. L. 90–284, title IV, § 401
Stat.82 Stat. 78
Pub. L.Pub. L. 111–211, title II, § 221(a)
Stat.124 Stat. 2271
Pub. L.Pub. L. 111–211
Cites 5Cited by 23 across 5 sources