§ 1321. — Assumption by State of criminal jurisdiction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1321]
TITLE 25--INDIANS
CHAPTER 15--CONSTITUTIONAL RIGHTS OF INDIANS
SUBCHAPTER III--JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS
Sec. 1321. Assumption by State of criminal jurisdiction
(a) Consent of United States; force and effect of criminal laws
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.
(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.
(Pub. L. 90-284, title IV, Sec. 401, Apr. 11, 1968, 82 Stat. 78.)
Section Referred to in Other Sections
This section is referred to in sections 736, 1300b-15, 1300g-4, 2433
of this title.
