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25 U.S.C. § 1322Assumption by State of civil jurisdiction

submitted 58 years ago by Pub. L. 90-284 to r/title-25-INDIANS · 339 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses Assumption by State of civil jurisdiction. It sets rules for the matters covered by its text.

(a) Consent of United States; force and effect of civil laws The consent of the United States is hereby given to any State not having jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country situated within that State to assume, with the consent of the tribe occupying the particular Indian country or part of it which would be affected by that assumption, that measure of jurisdiction over any or all that civil causes of action arising within that Indian country or any part of it as may be determined by that State to the same extent that that State has jurisdiction over other civil causes of action, and those civil laws of that State that are of general application to private people or private property has the same force and effect within that Indian country or part of it as they have elsewhere within that State. (b) Alienation, encumbrance, taxation, use, and probate of property 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 that 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 that property or any interest in it. (c) Force and effect of tribal ordinances or customs Any tribal ordinance or custom before this or after this 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 under this section.
the actual law source: uscode.house.gov ↗public domain
(a) Consent of United States; force and effect of civil laws

The consent of the United States is hereby given to any State not having jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country situated within such State to assume, with the consent of the tribe occupying the particular Indian country or part thereof which would be affected by such assumption, such measure of jurisdiction over any or all such civil causes of action arising 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 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 or part thereof as they have elsewhere within that State.

(b) Alienation, encumbrance, taxation, use, and probate of property

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) Force and effect of tribal ordinances or customs

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.

Source credit: (Pub. L. 90–284, title IV, § 402, Apr. 11, 1968, 82 Stat. 79.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-284 · 82 Stat. 79

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-284 on 1968-04-11.

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