Browse Arkansas Code titles and sections
25 U.S.C. § 3602 — Tribal authority
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter shall be construed to—
(1) encroach upon or diminish in any way the inherent sovereign authority of each tribal government to determine the role of the tribal justice system within the tribal government or to enact and enforce tribal laws;
(2) diminish in any way the authority of tribal governments to appoint personnel;
(3) impair the rights of each tribal government to determine the nature of its own legal system or the appointment of authority within the tribal government;
(4) alter in any way any tribal traditional dispute resolution forum;
(5) imply that any tribal justice system is an instrumentality of the United States; or
(6) diminish the trust responsibility of the United States to Indian tribal governments and tribal justice systems of such governments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3602
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 2867a2cbbd91c05b6dbd8ade0b3284f722fcffd3633a6b6ffd892bdabaca2807. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_7fae851cc5751f42c510dee9
Source file: Laws/federal/codes/united-states-code/title-25/section-3602-tribal-authority--018b4dade4.md
Pages: Not recorded – Not recorded
Passage SHA-256: fe18b43ce32787659f097da224a45132e1fbe8194f5a1b225ee323436e7c300f
Source location: Title 25, Chapter 38, § 3602; chapter-038-indian-tribal-justice-support.md
Stored source content
Nothing in this chapter shall be construed to—
(1) encroach upon or diminish in any way the inherent sovereign authority of each tribal government to determine the role of the tribal justice system within the tribal government or to enact and enforce tribal laws;
(2) diminish in any way the authority of tribal governments to appoint personnel;
(3) impair the rights of each tribal government to determine the nature of its own legal system or the appointment of authority within the tribal government;
(4) alter in any way any tribal traditional dispute resolution forum;
(5) imply that any tribal justice system is an instrumentality of the United States; or
(6) diminish the trust responsibility of the United States to Indian tribal governments and tribal justice systems of such governments.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Tribal probate codes**
(1) **In general** — Notwithstanding any other provision of law, any Indian tribe may adopt a tribal probate code to govern descent and distribution of trust or restricted lands that are—
(A) located within that Indian tribe’s reservation; or
(B) otherwise subject to the jurisdiction of that Indian tribe.
(2) **Possible inclusions** — A tribal probate code referred to in paragraph (1) may include—
(A) rules of intestate succession; and
(B) other tribal probate code provisions that are consistent with Federal law and that promote the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(3) **Tribal probate codes** — Except as provided in any applicable Federal law, the Secretary shall not approve a tribal probate code, or an amendment to such a code, that prohibits the devise of an interest in trust or restricted land to—
(A) an Indian lineal descendant of the original allottee; or
(B) an Indian who is not a member of the Indian tribe with jurisdiction over such an interest;
unless the code provides for—
(i) the renouncing of interests to eligible devisees in accordance with the code;
(ii) the opportunity for a devisee who is the spouse or lineal descendant of a testator to reserve a life estate without regard to waste; and
(iii) payment of fair market value in the manner prescribed under subsection (c)(2).
**(b) Secretarial approval**
(1) **In general** — Any tribal probate code enacted under subsection (a), and any amendment to such a tribal probate code, shall be subject to the approval of the Secretary.
(2) **Review and approval**
(A) *In general* — Each Indian tribe that adopts a tribal probate code under subsection (a) shall submit that code to the Secretary for
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2205
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 597
TITLE 25—INDIANS
§ 3611
(3) Congress, through statutes, treaties, and
the exercise of administrative authorities, has
recognized the self-determination, self-reli-
ance, and inherent sovereignty of Indian
tribes;
(4) Indian tribes possess the inherent author-
ity to establish their own form of government,
including tribal justice systems;
(5) tribal justice systems are an essential
part of tribal governments and serve as impor-
tant forums for ensuring public health and
safety and the political integrity of tribal gov-
ernments;
(6) Congress and the Federal courts have re-
peatedly recognized tribal justice systems as
the appropriate forums for the adjudication of
disputes
affecting
personal
and
property
rights;
(7) traditional tribal justice practices are es-
sential to the maintenance of the culture and
identity of Indian tribes and to the goals of
this chapter;
(8) tribal justice systems are inadequately
funded, and the lack of adequate funding im-
pairs their operation; and
(9) tribal government involvement in and
commitment to improving tribal justice sys-
tems is essential to the accomplishment of the
goals of this chapter.
(Pub. L. 103–176, § 2, Dec. 3, 1993, 107 Stat. 2004.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 103–176, § 1, Dec. 3, 1993, 107 Stat. 2004, provided
that: ‘‘This Act [enacting this chapter] may be cited as
the ‘Indian Tribal Justice Act’.’’
§ 3602. Definitions
For purposes of this chapter:
(1) The term ‘‘Bureau’’ means the Bureau of
Indian Affairs of the Department of the Inte-
rior.
(2) The term ‘‘Courts of Indian Offenses’’
means the courts established pursuant to part
11 of title 25, Code of Federal Regulations.
(3) The term ‘‘Indian tribe’’ means any In-
dian tribe, band, natio
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3602
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.