§ 1323. — Retrocession of jurisdiction by State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1323]
TITLE 25--INDIANS
CHAPTER 15--CONSTITUTIONAL RIGHTS OF INDIANS
SUBCHAPTER III--JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS
Sec. 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, acquired 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
subsection (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repealed, but such repeal shall not affect any cession of jurisdiction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 pursuant to such section prior to its repeal.
(Pub. L. 90-284, title IV, Sec. 403, Apr. 11, 1968, 82 Stat. 79.)
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.
Ex. Ord. No. 11435. Designating Secretary of the Interior To Accept
Retrocession of Jurisdiction by State
Ex. Ord. No. 11435, Nov. 21, 1968, 33 F.R. 17339, provided:
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 hereby 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 effective date of the retrocession:
Provided further, That acceptance of such retrocession of criminal
jurisdiction shall be effected only after consultation by the Secretary
with the Attorney General.
Lyndon B. Johnson.
Section Referred to in Other Sections
This section is referred to in sections 715d, 1300b-15, 1300i-1,
1772d of this title.
