§ 1162. State jurisdiction over offenses committed by or against Indians in the Indian country

Statutory text

Each of the States or Territories listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State or Territory to the same extent that such State or Territory has jurisdiction over offenses committed elsewhere within the State or Territory, and the criminal laws of such State or Territory shall have the same force and effect within such Indian country as they have elsewhere within the State or Territory:

State or Territory of	Indian country affected
Alaska	All Indian country within the State, except that on Annette Islands, the Metlakatla Indian community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which State jurisdiction has not been extended.
California	All Indian country within the State.
Minnesota	All Indian country within the State, except the Red Lake Reservation.
Nebraska	All Indian country within the State.
Oregon	All Indian country within the State, except the Warm Springs Reservation.
Wisconsin	All Indian country within the State.

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.

The provisions of sections 1152 and 1153 of this chapter shall not be applicable within the areas of Indian country listed in subsection (a) of this section as areas over which the several States have exclusive jurisdiction.

Notwithstanding subsection (c), at the request of an Indian tribe, and after consultation with and consent by the Attorney General—

sections 1152 and 1153 shall apply in the areas of the Indian country of the Indian tribe; and

jurisdiction over those areas shall be concurrent among the Federal Government, State governments, and, where applicable, tribal governments.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1953
Added Aug. 15, 1953, ch. 505, § 2, 67 Stat. 588 · 67 Stat. 588
Enacted · 18 U.S.C. § 1162
Added Aug. 15, 1953, ch. 505, § 2, 67 Stat. 588
Source evidence
Code source credit
Added Aug. 15, 1953, ch. 505, § 2, 67 Stat. 588
1954
Public Law not identified
Changed · 18 U.S.C. § 1162(a)
Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe within the provisions of this section
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe within the provisions of this section.
1958
Pub. L. 85–615 § 1 · 72 Stat. 545
Changed · 18 U.S.C. § 1162(a)
Pub. L. 85–615 gave Alaska jurisdiction over offenses committed by or against Indians in all Indian country within the Territory of Alaska
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–615 gave Alaska jurisdiction over offenses committed by or against Indians in all Indian country within the Territory of Alaska.
1970
Pub. L. 91–523 § 1 · 84 Stat. 1358
Substituted · 18 U.S.C. § 1162(a)
Pub. L. 91–523, § 1, substituted provisions relating to the jurisdiction of the State of Alaska over offenses by or against Indians in the Indian country, and certain excepted areas, for provisions relating to the jurisdiction of the Territory of Alaska over offenses by or against Indians in the Indian country
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–523, § 1, substituted provisions relating to the jurisdiction of the State of Alaska over offenses by or against Indians in the Indian country, and certain excepted areas, for provisions relating to the jurisdiction of the Territory of Alaska over offenses by or against Indians in the Indian country.
1970
Pub. L. 91–523 § 2 · 84 Stat. 1358
Inserted · 18 U.S.C. § 1162(c)
Pub. L. 91–523, § 2, inserted “as areas over which the several States have exclusive jurisdiction” after “subsection (a) of this section”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–523, § 2, inserted “as areas over which the several States have exclusive jurisdiction” after “subsection (a) of this section”.
Enacted provision · exact public law section
Sec. 2. Subsection (c) of section 1162 of title 18, United States Code, is amended to read as follows: “(c) The provisions of sections 1152 62 Stat. 757; 63 Stat. 94. and 1153 of this chapter shall not be applicable within the areas of Indian country listed in subsection (a) of this section as areas over which the several States have exclusive jurisdiction.”
2010
Tribal Law and Order Act of 2010
Pub. L. 111–211 title II § 221(b) · 124 Stat. 2258
Added · 18 U.S.C. § 1162(d)
Pub. L. 111–211 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 111–211 added subsec. (d).
Enacted provision · exact public law section
(b) Applicable Law.— Section 1162 of title 18, United States Code, is amended by adding at the end the following: “(d) Notwithstanding subsection (c), at the request of an Indian tribe, and after consultation with and consent by the Attorney General— “(1) sections 1152 and 1153 shall apply in the areas of the Indian country of the Indian tribe; and “(2) jurisdiction over those areas shall be concurrent among the Federal Government, State governments, and, where applicable, tribal governments.” .

2 of 6 references resolved to an enrolled provision · 3 partial · 1 unresolved

Editorial Notes

Amendments1954–2010 · 4 rounds

2010

Subsec. (d). Pub. L. 111–211 added subsec. (d).

1970

Subsec. (a). Pub. L. 91–523, § 1, substituted provisions relating to the jurisdiction of the State of Alaska over offenses by or against Indians in the Indian country, and certain excepted areas, for provisions relating to the jurisdiction of the Territory of Alaska over offenses by or against Indians in the Indian country.

Subsec. (c). Pub. L. 91–523, § 2, inserted “as areas over which the several States have exclusive jurisdiction” after “subsection (a) of this section”.

1958

Subsec. (a). Pub. L. 85–615 gave Alaska jurisdiction over offenses committed by or against Indians in all Indian country within the Territory of Alaska.

1954

Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe within the provisions of this section.

Executive Documents

Admission of Alaska as State

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

Credits

1953–2010 · 5 acts

1953Added Aug. 15, 1953, ch. 505, § 2, 67 Stat. 588
1954amended Aug. 24, 1954, ch. 910, § 1, 68 Stat. 795
1958Pub. L. 85–615, § 1, Aug. 8, 1958, 72 Stat. 545
1970Pub. L. 91–523, §§ 1, 2, Nov. 25, 1970, 84 Stat. 1358
2010Pub. L. 111–211, title II, § 221(b), July 29, 2010, 124 Stat. 2272.

Show as published

(Added Aug. 15, 1953, ch. 505, § 2, 67 Stat. 588; amended Aug. 24, 1954, ch. 910, § 1, 68 Stat. 795; Pub. L. 85–615, § 1, Aug. 8, 1958, 72 Stat. 545; Pub. L. 91–523, §§ 1, 2, Nov. 25, 1970, 84 Stat. 1358; Pub. L. 111–211, title II, § 221(b), July 29, 2010, 124 Stat. 2272.)