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18 U.S.C. § 1162 — State jurisdiction over offenses committed by or against Indians in the Indian country

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1162 — State jurisdiction over offenses committed by or against Indians in the Indian country

**(a)** 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 ofIndian country affected AlaskaAll 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. CaliforniaAll Indian country within the State. MinnesotaAll Indian country within the State, except the Red Lake Reservation. NebraskaAll Indian country within the State. OregonAll Indian country within the State, except the Warm Springs Reservation. WisconsinAll Indian country within the 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 af

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Source location: Title 18, Chapter 53, § 1162; chapter-053-indians.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410 — Establishment; acquisition of land

When title to all the lands within boundaries to be determined by the Secretary of the Interior within the area of approximately two thousand square miles in the region of the Everglades of Dade, Monroe, and Collier Counties, in the State of Florida, recommended by said Secretary, in his report to Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443), shall have been vested in the United States, said lands shall be, and are, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Everglades National Park: Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410aaa — Findings

The Congress hereby finds that— (1) proclamations by Presidents Herbert Hoover in 1933 and Franklin Roosevelt in 1937 established and expanded the Death Valley National Monument for the preservation of the unusual features of scenic, scientific, and educational interest therein contained; (2) Death Valley National Monument is today recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors; (3) the monument boundaries established in the 1930’s exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, geological, archeological, paleontological, cultural, historical ad 11 So in original. Probably should be “and”. wilderness values; (4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands of national park caliber and afforded full recognition and statutory protection as a National Park; and (5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.].

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1323 — Retrocession of jurisdiction by State

**(a) Acceptance by United States** The United States is authorized to accept a retrocession by any State of all or any measure of the criminal or civil jurisdiction, or both, acquired by such State pursuant to the provisions of [section 1162 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1162&num=0&edition=prelim), [section 1360 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1360&num=0&edition=prelim), or section 7 of the Act of August 15, 1953 (67 Stat. 588), as it was in effect prior to its repeal by subsection (b) of this section. **(b) Repeal of statutory provisions** Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession of jurisdiction made pursuant to such section prior to its repeal.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1921 — Reassumption of jurisdiction over child custody proceedings

**(a) Petition; suitable plan; approval by Secretary** Any Indian tribe which became subject to State jurisdiction pursuant to the provisions of the Act of August 15, 1953 (67 Stat. 588), as amended by title IV of the Act of April 11, 1968 (82 Stat. 73, 78), or pursuant to any other Federal law, may reassume jurisdiction over child custody proceedings. Before any Indian tribe may reassume jurisdiction over Indian child custody proceedings, such tribe shall present to the Secretary for approval a petition to reassume such jurisdiction which includes a suitable plan to exercise such jurisdiction. **(b) Criteria applicable to consideration by Secretary; partial retrocession** (1) In considering the petition and feasibility of the plan of a tribe under subsection (a), the Secretary may consider, among other things: (i) whether or not the tribe maintains a membership roll or alternative provision for clearly identifying the persons who will be affected by the reassumption of jurisdiction by the tribe; (ii) the size of the reservation or former reservation area which will be affected by retrocession and reassumption of jurisdiction by the tribe; (iii) the population base of the tribe, or distribution of the population in homogeneous communities or geographic areas; and (iv) the feasibility of the plan in cases of multitribal occupation of a single reservation or geographic area. (2) In those cases where the Secretary determines that the jurisdictional provisions of [section 1911(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1911/a&num=0&edition=prelim) are not feasible, he is authorized to accept partial retrocession which will enable tribes to exercise referral jurisdiction as provided in [section 1911(b) of this

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2433 — Emergency shelters

**(a) In general** A Tribal Action Plan adopted pursuant to [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2412&num=0&edition=prelim) may make such provisions as may be necessary and practical for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers, including youth who have been arrested for offenses directly or indirectly related to alcohol or substance abuse. Half-way houses may be used as either intake facilities or aftercare facilities for youth admitted, or to be admitted, for long-term treatment of substance abuse. The Indian Health Service, the Bureau of Indian Affairs, and the tribes are authorized to use their respective resources to adequately staff and operate any such facility. **(b) Referrals** (1) In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to alcohol or substance abuse, other than for a status offense as defined by the Juvenile Justice and Delinquency Prevention Act of 1974 [[34 U.S.C. 11101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11101&num=0&edition=prelim) et seq.], under circumstances where such youth may not be immediately restored to the custody of his parents or guardians and where there is space available in an appropriately licensed and supervised emergency shelter or half-way house, such youth shall be referred to such facility in lieu of incarceration in a secured facility unless such youth is deemed a danger to himself or to other persons. (2) In any case where there is a space available in an appropriately licensed and supervised emergency shelter o

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 711e — Omitted

### Statutory Notes #### Codification Section, Pub. L. 95–195, § 7, Nov. 18, 1977, 91 Stat. 1418; Pub. L. 114–262, § 2, Dec. 14, 2016, 130 Stat. 1364, which related to establishment of a reservation for the tribe, was omitted from the Code as being of special and not general application. #### Establishment of Reservation for Confederated Tribes of Siletz Indians of Oregon Pub. L. 96–340, Sept. 4, 1980, 94 Stat. 1072, as amended by Pub. L. 103–435, § 3, Nov. 2, 1994, 108 Stat. 4567; Pub. L. 105–256, § 7, Oct. 14, 1998, 112 Stat. 1897; Pub. L. 118–33, § 1, Dec. 26, 2023, 137 Stat. 1110, established a reservation for the Confederated Tribes of Siletz Indians of Oregon, particularly describing, subject to all valid liens, rights-of-way, agreements, licenses, permits, and easements as of Sept. 4, 1980, the parcel of land, consisting of approximately 3,630 acres in the State of Oregon as well as other parcels of land to be conveyed to the Secretary of the Interior, to be held in trust for the Confederated Tribes of Siletz Indians of Oregon, with all parcels of land subject to the provisions of section 461 et seq. of this title and the right of the Secretary of the Interior to establish, without compensation to such tribes, reasonable rights-of-way and easements to provide access to other Federal lands, the continued effect of the Siletz Agreement from Apr. 22, 1980, regarding the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and civil and criminal jurisdiction, in accordance with [section 1360 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1360&num=0&edition=prelim), Judiciary and Judicial Procedure, and [section 1162 of Title 18](https://uscode.house.gov/view.xhtml?req=granule

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1360 — State civil jurisdiction in actions to which Indians are parties

**(a)** Each of the States listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the name of the 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 as they have elsewhere within the State: State ofIndian country affected AlaskaAll Indian country within the State. CaliforniaAll Indian country within the State. MinnesotaAll Indian country within the State, except the Red Lake Reservation. NebraskaAll Indian country within the State. OregonAll Indian country within the State, except the Warm Springs Reservation. WisconsinAll Indian country within the 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 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)** 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 appli

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20932 — Election by Indian tribes

**(a) Election** (1) **In general** — A federally recognized Indian tribe may, by resolution or other enactment of the tribal council or comparable governmental body— (A) elect to carry out this part as a jurisdiction subject to its provisions; or (B) elect to delegate its functions under this part to another jurisdiction or jurisdictions within which the territory of the tribe is located and to provide access to its territory and such other cooperation and assistance as may be needed to enable such other jurisdiction or jurisdictions to carry out and enforce the requirements of this part. (2) **Imputed election in certain cases** — A tribe shall be treated as if it had made the election described in paragraph (1)(B) if— (A) it is a tribe subject to the law enforcement jurisdiction of a State under [section 1162 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1162&num=0&edition=prelim); (B) the tribe does not make an election under paragraph (1) within 1 year of July 27, 2006 or rescinds an election under paragraph (1)(A); or (C) the Attorney General determines that the tribe has not substantially implemented the requirements of this part and is not likely to become capable of doing so within a reasonable amount of time. **(b) Cooperation between tribal authorities and other jurisdictions** (1) **Nonduplication** — A tribe subject to this part is not required to duplicate functions under this part which are fully carried out by another jurisdiction or jurisdictions within which the territory of the tribe is located. (2) **Cooperative agreements** — A tribe may, through cooperative agreements with such a jurisdiction or jurisdictions— (A) arrange for the tribe to carry out any function of such a jurisdiction

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1162 — State jurisdiction over offenses committed

Page 350 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1161 States. If such offender cannot be apprehended and brought to trial, the amount of such prop- erty shall be paid out of the Treasury. But no Indian shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence. (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 103–322, title XXXIII, § 330004(9), Sept. 13, 1994, 108 Stat. 2141.) HISTORICAL AND REVISION NOTES Based on sections 227, 228 of title 25, U.S.C., 1940 ed., Indians (R.S. 2154, 2155). Section consolidates said sections 227 and 228 of title 25, U.S.C., 1940 ed., Indians, with such changes in phra- seology as were necessary to effect consolidation. The phrase ‘‘or whose person was injured,’’ which fol- lowed the words ‘‘friendly Indian to whom the property may belong,’’ was deleted as meaningless. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘non-Indian’’ for ‘‘white person’’ in first par. § 1161. Application of Indian liquor laws The provisions of sections 1154, 1156, 3113, 3488, and 3669, of this title, shall not apply within any area that is not Indian country, nor to any act or transaction within any area of Indian country provided such act or transaction is in con- formity both with the laws of the State in which such act or transaction occurs and with an ordi- nance duly adopted by the tribe having jurisdic- tion over such area of Indian country, certified by the Secretary of the Interior, and published in the Federal Register. (Added Aug. 15, 1953, ch. 502, § 2, 67 Stat. 586; amended Pub. L. 98–473, title II, § 223(b), Oct. 12, 1984,

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