Page 399 TITLE 25—INDIANS § 1302

that such procedures conflict with the tribal

constitution.

(Pub. L. 103–454, title III, §308, Nov. 2, 1994, 108

Stat. 4795.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300m–2,

1300m–4, 1300m–5 of this title.

§ 1300m–7. General provision

The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this subchapter.

(Pub. L. 103–454, title III, §309, Nov. 2, 1994, 108

Stat. 4796.)

CHAPTER 15—CONSTITUTIONAL RIGHTS OF

INDIANS

SUBCHAPTER I—GENERALLY

Sec.

1301. Definitions.

1302. Constitutional rights.

1303. Habeas corpus.

SUBCHAPTER II—MODEL CODE GOVERNING

COURTS OF INDIAN OFFENSES

1311. Model code.

1312. Authorization of appropriations.

SUBCHAPTER III—JURISDICTION OVER CRIMINAL

AND CIVIL ACTIONS

1321. Assumption by State of criminal jurisdiction.

(a) Consent of United States; force and

effect of criminal laws.

(b) Alienation, encumbrance, taxation,

and use of property; hunting, trapping, or fishing.

1322. Assumption by State of civil jurisdiction.

(a) Consent of United States; force and

effect of civil laws.

(b) Alienation, encumbrance, taxation,

use, and probate of property.

(c) Force and effect of tribal ordinances

or customs.

1323. Retrocession of jurisdiction by State.

(a) Acceptance by United States.

(b) Repeal of statutory provisions.

1324. Amendment of State constitutions or statutes to remove legal impediment; effective

date.

1325. Abatement of actions.

(a) Pending actions or proceedings; effect

of cession.

(b) Criminal actions; effect of cession.

1326. Special election.

SUBCHAPTER IV—EMPLOYMENT OF LEGAL

COUNSEL

1331. Approval.

SUBCHAPTER V—MATERIALS AND PUBLICATIONS

1341. Authorization of Secretary.

(a) Revision of document on ‘‘Indian Affairs, Laws and Treaties’’ and treatise on ‘‘Federal Indian Laws’’;

compilation of official opinions;

printing and republication.

(b) Current services.

(c) Authorization of appropriations.

SUBCHAPTER I—GENERALLY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 450l, 4112 of

this title; title 42 section 5307.

§ 1301. Definitions

For purposes of this subchapter, the term—

(1) ‘‘Indian tribe’’ means any tribe, band, or

other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government;

(2) ‘‘powers of self-government’’ means and includes all governmental powers possessed by an

Indian tribe, executive, legislative, and judicial,

and all offices, bodies, and tribunals by and

through which they are executed, including

courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized

and affirmed, to exercise criminal jurisdiction

over all Indians;

(3) ‘‘Indian court’’ means any Indian tribal

court or court of Indian offense; and

(4) ‘‘Indian’’ means any person who would be

subject to the jurisdiction of the United States

as an Indian under section 1153, title 18, if that

person were to commit an offense listed in that

section in Indian country to which that section

applies.

(Pub. L. 90–284, title II, §201, Apr. 11, 1968, 82

Stat. 77; Pub. L. 101–511, title VIII, §8077(b), (c),

Nov. 5, 1990, 104 Stat. 1892.)

AMENDMENTS

1990—Par. (2). Pub. L. 101–511, §8077(b), inserted at end

‘‘means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction

over all Indians;’’.

Par. (4). Pub. L. 101–511, §8077(c), added par. (4).

SHORT TITLE

Title II of Pub. L. 90–284, which is classified generally

to this subchapter, is popularly known as the ‘‘Indian

Civil Rights Act of 1968’’.

TIME LIMITATION ON CRIMINAL MISDEMEANOR JURISDICTION OF TRIBAL COURTS OVER NON-MEMBER

INDIANS

Section 8077(d) of Pub. L. 101–511, as amended by Pub.

L. 102–124, §1, Oct. 9, 1991, 105 Stat. 616, which provided

that the effects of subsecs. (b) and (c), which amended

this section, as those subsections affect the criminal

misdemeanor jurisdiction of tribal courts over nonmember Indians have no effect after Oct. 18, 1991, was

repealed by Pub. L. 102–137, Oct. 28, 1991, 105 Stat. 646.

Subsequent to repeal, Pub. L. 102–172, title VIII,

§8112A(b), Nov. 26, 1991, 105 Stat. 1202, purported to

amend section 8077(d) of Pub. L. 101–511 by substituting

‘‘1993’’ for ‘‘1991’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2801 of this title;

title 5 section 8331; title 22 section 4044.

§ 1302. Constitutional rights

No Indian tribe in exercising powers of selfgovernment shall—

(1) make or enforce any law prohibiting the

free exercise of religion, or abridging the freedom of speech, or of the press, or the right of

the people peaceably to assemble and to petition for a redress of grievances;

(2) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable

cause, supported by oath or affirmation, and

particularly describing the place to be

searched and the person or thing to be seized;