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25 U.S.C. § 1321 — Assumption by State of criminal jurisdiction
Federal law — U.S. Code and appendices · legal_authorities
**(a) Consent of United States**
(1) **In general** — 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.
(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 within the Indian country of the Indian tribe.
**(b) Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing** 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 rig
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Source file: Laws/federal/codes/united-states-code/title-25/section-1321-assumption-by-state-of-criminal-jurisdiction--eb7976974f.md
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Source location: Title 25, Chapter 15, § 1321; chapter-015-constitutional-rights-of-indians.md
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**(a) Consent of United States**
(1) **In general** — 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.
(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 within the Indian country of the Indian tribe.
**(b) Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2433
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Federal law — U.S. Code and appendices · legal_authorities
Page 222
TITLE 25—INDIANS
§ 1312
individual being tried for an offense by a court
of Indian offenses shall have the same rights,
privileges, and immunities under the United
States Constitution as would be guaranteed any
citizen of the United States being tried in a Fed-
eral court for any similar offense, (2) assure that
any individual being tried for an offense by a
court of Indian offenses will be advised and
made aware of his rights under the United
States Constitution, and under any tribal con-
stitution applicable to such individual, (3) estab-
lish proper qualifications for the office of judge
of the court of Indian offenses, and (4) provide
for the establishing of educational classes for
the training of judges of courts of Indian of-
fenses. In carrying out the provisions of this
subchapter, the Secretary of the Interior shall
consult with the Indians, Indian tribes, and in-
terested agencies of the United States.
(Pub. L. 90–284, title III, § 301, Apr. 11, 1968, 82
Stat. 78.)
§ 1312. Authorization of appropriations
There is hereby authorized to be appropriated
such sum as may be necessary to carry out the
provisions of this subchapter.
(Pub. L. 90–284, title III, § 302, Apr. 11, 1968, 82
Stat. 78.)
SUBCHAPTER III—JURISDICTION OVER
CRIMINAL AND CIVIL ACTIONS
§ 1321. Assumption by State of criminal jurisdic-
tion
(a) Consent of United States
(1) In general
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 par-
ticular Indian country or part thereof which
could be affected by such assumption, such
measure of jurisdiction
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1321
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