25 U.S.C. § 1323 — Retrocession of jurisdiction by State

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 (b) Repeal of statutory provisions Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession of jurisdiction made pur- suant to such section prior to its repeal.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, or other action of the President or of any other officer of the United States, any and all authority conferred upon the United States by Section 403(a) of the Act of April 11, 1968, 82 Stat. 79 (25 U.S.C. 1323(a)): Provided, That acceptance of retrocession of all or any measure of civil or criminal jurisdiction, or both, by the Secretary hereunder shall be effected by publication in the FEDERAL REGISTER of a notice which shall specify the jurisdiction retroceded and the effec- tive date of the retrocession: Provided further, That ac- ceptance of such retrocession of criminal jurisdiction shall be effected only after consultation by the Sec- retary with the Attorney General. LYNDON B. JOHNSON. § 1324. Amendment of State constitutions or stat- utes to remove legal impediment; effective date Notwithstanding the provisions of any ena- bling Act for the admission of a State, the con- sent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impedi- ment to the assumption of civil or criminal ju- risdiction in accordance with the provisions of this subchapter. The provisions of this sub- chapter shall not become effective with respect to such assumption of jurisdiction by any such State until the people thereof have appro- priately amended their State constitution or statutes, as the case may be. (Pub. L. 90–284, title IV, § 404, Apr. 11, 1968, 82 Stat. 79.) § 1325. Abatement of actions (a) Pending actions or proceedings; effect of ces- sion No action or proceeding pending before any court or agency of the United States imme- diately prior to any cession of jurisdiction by the United States pursuant to this subchapter shall abate by reason of that cession. For the purposes of any such action or proceeding, such cession shall take effect on the day following the date of final determination of such action or proceeding. (b) Criminal actions; effect of cession No cession made by the United States under this subchapter shall deprive any court of the United States of jurisdiction to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed before the effective date of such cession, if the offense charged in such action was cognizable under any law of the United States at the time of the commission of such offense. For the purposes of any such criminal action, such cession shall take effect on the day following the date of final determina- tion of such action. (Pub. L. 90–284, title IV, § 405, Apr. 11, 1968, 82 Stat. 80.) § 1326. Special election State jurisdiction acquired pursuant to this subchapter with respect to criminal offenses or civil causes of action, or with respect to both, shall be applicable in Indian country only where the enrolled Indians within the affected area of such Indian country accept such jurisdiction by a majority vote of the adult Indians voting at a special election held for that purpose. The Sec- retary of the Interior shall call such special election under such rules and regulations as he may prescribe, when requested to do so by the tribal council or other governing body, or by 20 per centum of such enrolled adults. (Pub. L. 90–284, title IV, § 406, Apr. 11, 1968, 82 Stat. 80.) SUBCHAPTER IV—EMPLOYMENT OF LEGAL COUNSEL § 1331. Approval Notwithstanding any other provision of law, if any application made by an Indian, Indian tribe, Indian council, or any band or group of Indians under any law requiring the approval of the Sec- retary of the Interior or the Commissioner of In- dian Affairs of contracts or agreements relating to the employment of legal counsel (including the choice of counsel and the fixing of fees) by any such Indians, tribe, council, band, or group