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25 U.S.C. § 231 — Enforcement of State laws affecting health and education; entry of State employees on Indian lands

submitted 97 years ago by ch. 216 to r/title-25-INDIANS · 106 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can let state agents enter Indian tribal lands to inspect health and education conditions, enforce sanitation and quarantine rules, or enforce state compulsory-school-attendance laws against Indian children and their parents. But the school-attendance enforcement does not apply to a tribe with its own governing body unless that body has agreed to it by resolution.

Under rules the Secretary of the Interior writes, the Secretary must let state agents and employees enter Indian tribal lands, reservations, or allotments for two purposes: (1) to inspect health and education conditions and enforce sanitation and quarantine rules; or (2) to enforce state compulsory school attendance laws against Indian children and their parents or guardians. However, that second purpose — enforcing school attendance laws — does not apply to a tribe that has its own duly formed governing body, unless that governing body has passed a resolution agreeing to let the state enforce those laws.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior, under such rules and regulations as he may prescribe, shall permit the agents and employees of any State to enter upon Indian tribal lands, reservations, or allotments therein (1) for the purpose of making inspection of health and educational conditions and enforcing sanitation and quarantine regulations or (2) to enforce the penalties of State compulsory school attendance laws against Indian children, and parents, or other persons in loco parentis except that this subparagraph (2) shall not apply to Indians of any tribe in which a duly constituted governing body exists until such body has adopted a resolution consenting to such application.

Source credit: (Feb. 15, 1929, ch. 216, 45 Stat. 1185; Aug. 9, 1946, ch. 930, 60 Stat. 962.)

history & why it existsrecord from the source credit
  • 1929Enacted · Act of Feb. 15, 1929, ch. 216 · 45 Stat. 1185
  • 1946Amended · Act of Aug. 9, 1946, ch. 930 · 60 Stat. 962

A history note hasn’t been published yet. The record shows enactment by ch. 216 on 1929-02-15.

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