§ 233. — Jurisdiction of New York State courts in civil actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC233]
TITLE 25--INDIANS
CHAPTER 6--GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS
SUBCHAPTER I--GENERALLY
Sec. 233. Jurisdiction of New York State courts in civil actions
The courts of the State of New York under the laws of such State
shall have jurisdiction in civil actions and proceedings between Indians
or between one or more Indians and any other person or persons to the
same extent as the courts of the State shall have jurisdiction in other
civil actions and proceedings, as now or hereafter defined by the laws
of such State: Provided, That the governing body of any recognized tribe
of Indians in the State of New York shall have the right to declare, by
appropriate enactment prior to September 13, 1952, those tribal laws and
customs which they desire to preserve, which, on certification to the
Secretary of the Interior by the governing body of such tribe shall be
published in the Federal Register and thereafter shall govern in all
civil cases involving reservation Indians when the subject matter of
such tribal laws and customs is involved or at issue, but nothing herein
contained shall be construed to prevent such courts from recognizing and
giving effect to any tribal law or custom which may be proven to the
satisfaction of such courts: Provided further, That nothing in this
section shall be construed to require any such tribe or the members
thereof to obtain fish and game licenses from the State of New York for
the exercise of any hunting and fishing rights provided for such Indians
under any agreement, treaty, or custom: Provided further, That nothing
herein contained shall be construed as subjecting the lands within any
Indian reservation in the State of New York to taxation for State or
local purposes, nor as subjecting any such lands, or any Federal or
State annuity in favor of Indians or Indian tribes, to execution on any
judgment rendered in the State courts, except in the enforcement of a
judgment in a suit by one tribal member against another in the matter of
the use or possession of land: And provided further, That nothing herein
contained shall be construed as authorizing the alienation from any
Indian nation, tribe, or band of Indians of any lands within any Indian
reservation in the State of New York: Provided further, That nothing
herein contained shall be construed as conferring jurisdiction on the
courts of the State of New York or making applicable the laws of the
State of New York in civil actions involving Indian lands or claims with
respect thereto which relate to transactions or events transpiring prior
to September 13, 1952.
(Sept. 13, 1950, ch. 947, Sec. 1, 64 Stat. 845.)
Effective Date
Section 2 of act Sept. 13, 1950, provided: ``This Act [this section]
shall take effect two years after the date of its passage [Sept. 13,
1950].''
