25 U.S.C. § 1321 — Assumption by State of criminal jurisdic-

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 over any or all of such offenses committed within such Indian coun- try 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 coun- try 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 Attor- ney 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, be- longing 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, agree- ment, or statute with respect to hunting, trap- ping, or fishing or the control, licensing, or reg- ulation thereof. (Pub. L. 90–284, title IV, § 401, Apr. 11, 1968, 82 Stat. 78; Pub. L. 111–211, title II, § 221(a), July 29, 2010, 124 Stat. 2271.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–211 substituted ‘‘Assumption by State of criminal jurisdiction’’ for ‘‘Assumption by State’’ in section catchline, inserted subsec. (a) head- ing, inserted par. (1) designation and heading, and added par. (2). Amendment to section catchline was ex- ecuted as the probable intent of Congress, notwith- standing directory language which erroneously di- rected the amendment to subsec. (a). § 1322. Assumption by State of civil jurisdiction (a) Consent of United States; force and effect of civil laws The consent of the United States is hereby given to any State not having jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country situated within such State to assume, with the consent of the tribe occupying the particular Indian country or part thereof which would be affected by such assump- tion, such measure of jurisdiction over any or all such civil causes of action arising 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 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 or part thereof as they have elsewhere within that State. (b) Alienation, encumbrance, taxation, use, and probate of property Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, be- longing 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 adju- dicate, in probate proceedings or otherwise, the ownership or right to possession of such prop- erty or any interest therein. (c) Force and effect of tribal ordinances or cus- toms Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or