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25 U.S.C. § 1323 — Retrocession of jurisdiction by State
Federal law — U.S. Code and appendices · legal_authorities
**(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**(b) Repeal of statutory provisions** Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession of jurisdiction made pursuant to such section prior to its repeal.
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Stable record: federal_law:legal_authorities:record_usc_784f88da9c8afb23d587f735
Source file: Laws/federal/codes/united-states-code/title-25/section-1323-retrocession-of-jurisdiction-by-state--5a7f01bc31.md
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Source location: Title 25, Chapter 15, § 1323; chapter-015-constitutional-rights-of-indians.md
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**(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**(b) Repeal of statutory provisions** Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession of jurisdiction made pursuant to such section prior to its repeal.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
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1360
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Federal law — U.S. Code and appendices · legal_authorities
The President may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to Indian affairs, and for the settlement of the accounts of Indian affairs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 9
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Federal law — U.S. Code and appendices · legal_authorities
Page 223
TITLE 25—INDIANS
§ 1331
community in the exercise of any authority
which it may possess shall, if not inconsistent
with any applicable civil law of the State, be
given full force and effect in the determination
of civil causes of action pursuant to this section.
(Pub. L. 90–284, title IV, § 402, Apr. 11, 1968, 82
Stat. 79.)
§ 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, ac-
quired by such State pursuant to the provisions
of section 1162 of title 18, section 1360 of title 28,
or section 7 of the Act of August 15, 1953 (67 Stat.
588), as it was in effect prior to its repeal by sub-
section (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 pur-
suant to such section prior to its repeal.
(Pub. L. 90–284, title IV, § 403, Apr. 11, 1968, 82
Stat. 79.)
Editorial Notes
REFERENCES IN TEXT
Section 7 of the Act of August 15, 1953, referred to in
text, is section 7 of act Aug. 15, 1953, ch. 505, 67 Stat.
588, which is set out as a note under section 1360 of
Title 28, Judiciary and Judicial Procedure.
Executive Documents
EX. ORD. NO. 11435. DESIGNATING SECRETARY OF THE IN-
TERIOR TO ACCEPT RETROCESSION OF JURISDICTION BY
STATE
Ex. Ord. No. 11435, Nov. 21, 1968, 33 F.R. 17339, pro-
vided:
By virtue of the authority vested in me by section 465
of the Revised Statutes (25 U.S.C. 9) and as President of
the United States, the Secretary of the Interior is here-
by designated and empowered to exercise, without the
approval, ratification
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1323
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