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25 U.S.C. § 1921 — Reassumption of jurisdiction over child custody proceedings
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_d68281da649c2b30bc77061f
Source file: Laws/federal/codes/united-states-code/title-25/section-1921-reassumption-of-jurisdiction-over-child-custody-proceedings--dd9e63e057.md
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Passage SHA-256: 6e5c783a16163ae43576bba46cefa26c4e10a100745514caa9dbf01659718155
Source location: Title 25, Chapter 21, § 1921; chapter-021-indian-child-welfare.md
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**(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 title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1911/b&num=0&edition=prelim), or, where appropriate, will allow them to exercise exclusive jurisdiction as provided in [section 1911(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1911/a&num=0&edition=prelim) over limited community or geographic areas without regard for the reservation status of the area affected.
**(c) Approval of petition; publication in Federal Register; notice; reassumption period; correction of causes for disapproval** If the Secretary approves any petition under subsection (a), the Secretary shall publish notice of such approval in the Federal Register and shall notify the affected State or States of such approval. The Indian tribe concerned shall reassume jurisdiction sixty days after publication in the Federal Register of notice of approval. If the Secretary disapproves any petition under subsection (a), the Secretary shall provide such technical assistance as may be necessary to enable the tribe to correct any deficiency which the Secretary identified as a cause for disapproval.
**(d) Pending actions or proceedings unaffected** Assumption of jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction, except as may be provided pursuant to any agreement under [section 1919 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1919&num=0&edition=prelim).
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition; best interests of child** Notwithstanding State law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of [section 1912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1912&num=0&edition=prelim), that such return of custody is not in the best interests of the child.
**(b) Removal from foster care home; placement procedure** Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, such placement shall be in accordance with the provisions of this chapter, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
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Federal law — U.S. Code and appendices · legal_authorities
Page 392
TITLE 25—INDIANS
§ 1919
(ii) the size of the reservation or former res-
ervation area which will be affected by ret-
rocession and reassumption of jurisdiction by
the tribe;
(iii) the population base of the tribe, or dis-
tribution 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 deter-
mines that the jurisdictional provisions of sec-
tion 1911(a) of this title are not feasible, he is
authorized to accept partial retrocession which
will enable tribes to exercise referral jurisdic-
tion as provided in section 1911(b) of this title,
or, where appropriate, will allow them to exer-
cise exclusive jurisdiction as provided in section
1911(a) of this title over limited community or
geographic areas without regard for the reserva-
tion status of the area affected.
(c) Approval of petition; publication in Federal
Register; notice; reassumption period; cor-
rection of causes for disapproval
If the Secretary approves any petition under
subsection (a), the Secretary shall publish no-
tice of such approval in the Federal Register and
shall notify the affected State or States of such
approval. The Indian tribe concerned shall re-
assume jurisdiction sixty days after publication
in the Federal Register of notice of approval. If
the Secretary disapproves any petition under
subsection (a), the Secretary shall provide such
technical assistance as may be necessary to en-
able the tribe to correct any deficiency which
the Secretary identified as a cause for dis-
approval.
(d) Pending actions or proceedings unaffected
Assumption of jurisdiction under this section
shall not affect any acti
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1921
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