Page 401 TITLE 25—INDIANS § 1324

band, or community of any right, privilege, or

immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.

(Pub. L. 90–284, title IV, §401, Apr. 11, 1968, 82

Stat. 78.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 736, 1300b–15,

1300g–4, 2433 of this title.

§ 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, §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.

§ 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, §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.

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

date

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 or criminal jurisdiction in accordance with the provisions of

this subchapter. The provisions of this subchapter 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.

(Pub. L. 90–284, title IV, §404, Apr. 11, 1968, 82

Stat. 79.)