§ 1360. — State civil jurisdiction in actions to which Indians are parties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1360]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1360. State civil jurisdiction in actions to which Indians
are parties
(a) Each of the States listed in the following table shall have
jurisdiction over civil causes of action between Indians or to which
Indians are parties which arise in the areas of Indian country listed
opposite the name of the 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
as they have elsewhere within the State:
State of Indian country affected
Alaska....................... All Indian country within the State.
California................... All Indian country within the State.
Minnesota.................... All Indian country within the State,
except the Red Lake Reservation.
Nebraska..................... All Indian country within the State.
Oregon....................... All Indian country within the State,
except the Warm Springs Reservation.
Wisconsin.................... All Indian country within the State.
(b) 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) 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.
(Added Aug. 15, 1953, ch. 505, Sec. 4, 67 Stat. 589; amended Aug. 24,
1954, ch. 910, Sec. 2, 68 Stat. 795; Pub. L. 85-615, Sec. 2, Aug. 8,
1958, 72 Stat. 545; Pub. L. 95-598, title II, Sec. 239, Nov. 6, 1978, 92
Stat. 2668; Pub. L. 98-353, title I, Sec. 110, July 10, 1984, 98 Stat.
342.)
Amendments
1984--Subsec. (a). Pub. L. 98-353 struck out ``or Territories''
after ``Each of the States'', struck out ``or Territory'' after
``State'' in 5 places, and substituted ``within the State'' for ``within
the Territory'' in item relating to Alaska.
1978--Subsec. (a). Pub. L. 95-598 directed the amendment of subsec.
(a) by substituting in the item relating to Alaska ``within the State''
for ``within the Territory'', which amendment did not become effective
pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an
Effective Date note preceding section 101 of Title 11, Bankruptcy.
1958--Subsec. (a). Pub. L. 85-615 gave Alaska jurisdiction over
civil causes of action between Indians or to which Indians are parties
which arise in all Indian country within the Territory of Alaska.
1954--Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe
within the provisions of this section.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Amendment of State Constitutions To Remove Legal Impediment; Effective
Date
Section 6 of act Aug. 15, 1953, provided that: ``Notwithstanding the
provisions of any Enabling Act for the admission of a State, the consent
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 impediment to the assumption of
civil and criminal jurisdiction in accordance with the provisions of
this Act [adding this section and section 1162 of Title 18, Crimes and
Criminal Procedure]: Provided, That the provisions of this Act shall not
become effective with respect to such assumption of jurisdiction by any
such State until the people thereof have appropriately amended their
State constitution or statutes as the case may be.''
Consent of United States to Other States To Assume Jurisdiction
Act Aug. 15, 1953, ch. 505, Sec. 7, 67 Stat. 590, which gave consent
of the United States to any other State not having jurisdiction with
respect to criminal offenses or civil causes of action, or with respect
to both, as provided for in this section and section 1162 of Title 18,
Crimes and Criminal Procedure, to assume jurisdiction at such time and
in such manner as the people of the State shall, by legislative action,
obligate and bind the State to assumption thereof, was repealed by
section 403(b) of Pub. L. 90-284, title IV, Apr. 11, 1968, 82 Stat. 79,
such repeal not to affect any cession of jurisdiction made pursuant to
such section prior to its repeal.
Retrocession of jurisdiction by State acquired by State pursuant to
section 7 of Act Aug. 15, 1953, prior to its repeal, see section 1323 of
Title 25, Indians.
Section Referred to in Other Sections
This section is referred to in title 25 sections 566e, 711e, 713f,
714e, 715d, 1300b-15, 1300f, 1300i-1, 1323, 1747, 1772d, 1918.
