§ 1322. — Assumption by State of civil 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: 25USC1322]
TITLE 25--INDIANS
CHAPTER 15--CONSTITUTIONAL RIGHTS OF INDIANS
SUBCHAPTER III--JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS
Sec. 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 assumption, 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,
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) Force and effect of tribal ordinances or customs
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 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, Sec. 402, Apr. 11, 1968, 82 Stat. 79.)
Section Referred to in Other Sections
This section is referred to in sections 736, 1300b-15, 1300g-4 of
this title; title 42 section 654.
