§ 1321. Assumption by State of criminal jurisdiction

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.

1. 1968

   Pub. L. 90–284 title IV § 401 · 82 Stat. 73

   Enacted · 25 U.S.C. § 1321

   Pub. L. 90–284, title IV, § 401, Apr. 11, 1968, 82 Stat. 78

   Source evidence

   Code source credit
   Pub. L. 90–284, title IV, § 401, Apr. 11, 1968, 82 Stat. 78

   Enacted provision · exact public law section
   Sec. 401. assumption by state (a) The consent of the United States is hereby given to any State not having jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country situated within such State to assume, with the consent of the Indian tribe occupying the particular Indian country or part thereof which could be affected by such assumption, such measure of jurisdiction over any or all of such offenses committed 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 any such offense committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that 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 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.

2. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 title II § 221(a) · 124 Stat. 2258

   1. Substituted · 25 U.S.C. § 1321

      Pub. L. 111–211 substituted “Assumption by State of criminal jurisdiction” for “Assumption by State” in section catchline

   2. Inserted · 25 U.S.C. § 1321

      Pub. L. 111–211 inserted subsec. (a) heading

   3. Inserted · 25 U.S.C. § 1321

      Pub. L. 111–211 inserted par. (1) designation and heading

   4. Added · 25 U.S.C. § 1321

      Pub. L. 111–211 added par. (2). Amendment to section catchline was executed as the probable intent of Congress, notwithstanding directory language which erroneously directed the amendment to subsec. (a)

   Source evidence

   Code amendment note
   Pub. L. 111–211 substituted “Assumption by State of criminal jurisdiction” for “Assumption by State” in section catchline, inserted subsec. (a) heading, inserted par. (1) designation and heading, and added par. (2). Amendment to section catchline was executed as the probable intent of Congress, notwithstanding directory language which erroneously directed the amendment to subsec. (a).

   Enacted provision · exact public law section
   (a) Concurrent Authority of United States.— Section 401(a) of the Indian Civil Rights Act of 1968 (25 U.S.C. 1321(a)) is amended— (1) by striking the section designation and heading and all that follows through “The consent of the United States” and inserting the following: “SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION. “(a) Consent of United States.— “(1) In general.— The consent of the United States” ; and (2) by adding at the end the following: “(2) Concurrent jurisdiction.— At the request of an Indian tribe, and after consultation with and consent by the Attorney General, the United States shall accept concurrent jurisdiction to prosecute violations of sections 1152 and 1153 of title 18, United States Code, within the Indian country of the Indian tribe.” .

5 of 5 references resolved to an enrolled provision