§ 1360. State civil jurisdiction in actions to which Indians are parties
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/usc/title-28/section-1360A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 ofIndian country affected AlaskaAll Indian country within the State. CaliforniaAll Indian country within the State. MinnesotaAll Indian country within the State, except the Red Lake Reservation. NebraskaAll Indian country within the State. OregonAll Indian country within the State, except the Warm Springs Reservation. WisconsinAll 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.
(Added Aug. 15, 1953, ch. 505, § 4, 67 Stat. 589; amended Aug. 24, 1954, ch. 910, § 2, 68 Stat. 795; Pub. L. 85–615, § 2, Aug. 8, 1958, 72 Stat. 545; Pub. L. 95–598, title II, § 239, Nov. 6, 1978, 92 Stat. 2668; Pub. L. 98–353, title I, § 110, July 10, 1984, 98 Stat. 342.)
Connections21 cite this · traces to 5
Cited by 21 sections · top 18
U.S. Code
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statutes-at-large
- Public Law 90–282
- Public Law 96–227To restore to the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of Paiute Indians of Utah, and with respect to the Cedar City Band of Paiute Indians of Utah, to restore or confirm, the Federal trust relationship, to restore to members of such Bands those Federal services and benefits furnished
- Public Law 95–608To establish standards for the placement of Indian children in foster or adoptive homes, to prevent the breakup of Indian families, and for other purposes
- Public Law 97–429To grant Federal recognition to the Texas Band of Kickapoo Indians; to clarify the status of the members of the band; to provide trust lands to the band, and for other purposes
22 references not yet in our index
- Aug. 15, 1953, ch. 505, § 4
- 67 Stat. 589
- Aug. 24, 1954, ch. 910, § 2
- 68 Stat. 795
- Pub. L. 85–615, § 2
- 72 Stat. 545
- Pub. L. 95–598, title II, § 239
- 92 Stat. 2668
- Pub. L. 98–353, title I, § 110
- 98 Stat. 342
- Pub. L. 98–353
- Pub. L. 95–598
- section 402(b) of Pub. L. 95–598
- Pub. L. 85–615
- section 122(a) of Pub. L. 98–353
- Act Aug. 15, 1953, ch. 505, § 6
- 67 Stat. 590
- Act Aug. 15, 1953, ch. 505, § 7
- section 403(b) of Pub. L. 90–284
- 82 Stat. 79
- Pub. L. 85–508
- 72 Stat. 339
Citation graph
cites case law
§ 1360
State civil jurisdiction in actions to which Indians are parties
U.S.C.×8
Fed. Reg.×7
Stat.×5
C.F.R.×1
ActAug. 15, 1953, ch. 505, § 4
Stat.67 Stat. 589
ActAug. 24, 1954, ch. 910, § 2
Stat.68 Stat. 795
Pub. L.Pub. L. 85–615, § 2
Cites 27 · showing 10Cited by 21 across 4 sources