25 U.S.C. § 233 — Jurisdiction of New York State courts in civil actions

submitted 76 years ago by ch. 947 to r/title-25-INDIANS · 421 words · no verdicts yet

in plain englishAI-generated · not legal advice

New York State courts have jurisdiction over civil lawsuits involving Indians the same way they handle other civil cases under state law. Several provisos protect tribal law-making, hunting and fishing rights, reservation land from taxation and seizure, and pre-1952 land claims from this new jurisdiction.

This section states a main rule, followed by four provisos. The main rule: New York State courts have jurisdiction over civil lawsuits and proceedings between Indians, or between one or more Indians and any other person, to the same extent those courts have jurisdiction over other civil lawsuits and proceedings, as state law now or later defines that jurisdiction. The first proviso lets any recognized New York tribe's governing body formally declare, before September 13, 1952, which of its own tribal laws and customs it wants to preserve. Once the tribe certifies that declaration to the Secretary of the Interior and it is published in the Federal Register, those tribal laws and customs govern in all state civil cases involving reservation Indians where that subject matter is at issue. This does not stop the state courts from also recognizing and enforcing other tribal laws or customs that are proven to the court's satisfaction, even without such a declaration. The second proviso says nothing in this section requires any tribe or its members to get New York fish and game licenses to exercise hunting and fishing rights that an agreement, treaty, or custom already gives them. The third proviso says nothing in this section subjects reservation land in New York to state or local taxation, and nothing subjects that land — or any federal or state annuity paid to Indians or tribes — to being seized to satisfy a court judgment. The one exception: land can be taken to enforce a judgment in a lawsuit between one tribal member and another over the use or possession of that land. A further proviso says nothing in this section authorizes taking land away from any Indian nation, tribe, or band's reservation in New York. A final proviso says nothing in this section gives New York courts jurisdiction, or makes New York law apply, over civil lawsuits about Indian land or claims to it that arise from events happening before September 13, 1952.

the actual law source: uscode.house.gov ↗public domain

The courts of the State of New York under the laws of such State shall have jurisdiction in civil actions and proceedings between Indians or between one or more Indians and any other person or persons to the same extent as the courts of the State shall have jurisdiction in other civil actions and proceedings, as now or hereafter defined by the laws of such State: Provided, That the governing body of any recognized tribe of Indians in the State of New York shall have the right to declare, by appropriate enactment prior to September 13, 1952, those tribal laws and customs which they desire to preserve, which, on certification to the Secretary of the Interior by the governing body of such tribe shall be published in the Federal Register and thereafter shall govern in all civil cases involving reservation Indians when the subject matter of such tribal laws and customs is involved or at issue, but nothing herein contained shall be construed to prevent such courts from recognizing and giving effect to any tribal law or custom which may be proven to the satisfaction of such courts: Provided further, That nothing in this section shall be construed to require any such tribe or the members thereof to obtain fish and game licenses from the State of New York for the exercise of any hunting and fishing rights provided for such Indians under any agreement, treaty, or custom: Provided further, That nothing herein contained shall be construed as subjecting the lands within any Indian reservation in the State of New York to taxation for State or local purposes, nor as subjecting any such lands, or any Federal or State annuity in favor of Indians or Indian tribes, to execution on any judgment rendered in the State courts, except in the enforcement of a judgment in a suit by one tribal member against another in the matter of the use or possession of land: And provided further, That nothing herein contained shall be construed as authorizing the alienation from any Indian nation, tribe, or band of Indians of any lands within any Indian reservation in the State of New York: Provided further, That nothing herein contained shall be construed as conferring jurisdiction on the courts of the State of New York or making applicable the laws of the State of New York in civil actions involving Indian lands or claims with respect thereto which relate to transactions or events transpiring prior to September 13, 1952.

Source credit: (Sept. 13, 1950, ch. 947, § 1, 64 Stat. 845.)

history & why it existsrecord from the source credit

1950Enacted · Act of Sept. 13, 1950, ch. 947 · 64 Stat. 845

A history note hasn’t been published yet. The record shows enactment by ch. 947 on 1950-09-13.

all 0 arguments · sorted by: best

no arguments yet — make the first case