I 

117TH CONGRESS 

1ST SESSION H. R. 3091 

To support clarity and consistency with regard to the exercise of criminal 

jurisdiction and authority in Indian country, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2021 

Mr. COLE introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on the Judiciary, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To support clarity and consistency with regard to the exercise 

of criminal jurisdiction and authority in Indian country, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cherokee Nation and 

5 Chickasaw Nation Criminal Jurisdiction Compacting Act 

6 of 2021’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Court rulings have affirmed the Cherokee 

2 Nation and the Chickasaw Nation have reservations 

3 that constitute Indian country for purposes of crimi4 nal jurisdiction, the boundaries of which are set 

5 forth in each Nation’s respective treaties with the 

6 United States. 

7 (2) Each Nation has worked with the State, in8 cluding certain political subdivisions of the State, to 

9 ensure cooperation and coordination on law enforce10 ment and public safety within the respective reserva11 tions of the Nations. 

12 (3) Legally effective compacts are important 

13 tools of Tribal self-determination and are useful in 

14 avoiding jurisdictional disputes within Indian coun15 try; 

16 (4) The Nations and the State have successfully 

17 implemented intergovernmental agreements on polic18 ing, taxation, child welfare, gaming, hunting and 

19 fishing, and other matters implicating their respec20 tive sovereign authorities, rights, and interests. 

21 (5) Sections 1152 and 1153 of title 18, United 

22 States Code, and other Federal laws preempt the 

23 Nations and the State from forming effective com24 pacts respecting criminal jurisdiction in Indian coun25 try. 


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1 (6) It is necessary, proper, and consistent with 

2 Federal policies supporting Tribal self-determination 

3 to provide express, specific, and defined authoriza4 tion for purposes of the Nations forming lawful and 

5 effective compacts with the State respecting criminal 

6 jurisdiction on Indian country (other than on Indian 

7 lands). 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) CHEROKEE NATION.—The term ‘‘Cherokee 

11 Nation’’ means the federally recognized Indian Tribe 

12 with its present Tribal headquarters south of Tahle13 quah, Oklahoma, having adopted its most recent 

14 constitution on August 7, 2003, and having entered 

15 into various treaties with the United States, includ16 ing the Treaty at Hopewell, executed on November 

17 28, 1785 (7 Stat. 18), and the Treaty at Wash18 ington, D.C., executed on July 19, 1866 (14 Stat. 

19 799), and which has maintained a continuous gov20 ernment-to-government relationship with the United 

21 States since the earliest years of the Union. 

22 (2) CHICKASAW NATION.—The term ‘‘Chicka23 saw Nation’’ means a federally recognized Indian 

24 Tribe with its present Tribal headquarters in Ada, 

25 Oklahoma, having adopted its most recent constituVerDate Sep 11 2014 03:07 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3091.IH H3091

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1 tion on August 27, 1983, and having entered into 

2 various treaties with the United States of America, 

3 including the Treaty at Hopewell, executed on Janu4 ary 10, 1786 (7 Stat. 24), and the Treaty at Wash5 ington, D.C., executed on April 28, 1866 (7 Stat. 

6 21), and which has maintained a continuous govern7 ment-to-government relationship with the United 

8 States since the earliest years of the Union. 

9 (3) INDIAN.—The term ‘‘Indian’’ has the mean10 ing given that term in section 201(4) of the Indian 

11 Civil Rights Act of 1968 (25 U.S.C. 1301(4)). 

12 (4) INDIAN COUNTRY.—The term ‘‘Indian coun13 try’’ has the meaning given that term in section 

14 1151 of title 18 of the United States Code. 

15 (5) INDIAN LAND.—The term ‘‘Indian land’’ 

16 means land within a Nation’s reservation— 

17 (A) title to which is held in trust by the 

18 United States for the benefit of an Indian Tribe 

19 or an Indian; 

20 (B) title to which is held in fee by an In21 dian Tribe or an Indian subject to restrictions 

22 against alienation under laws of the United 

23 States; 

24 (C) title to which is held in fee by an In25 dian Tribe or an Indian in accord with a treaty 


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1 with the United States to which an Indian 

2 Tribe is a party, and such land had never been 

3 allotted to any individual; or 

4 (D) which otherwise constitutes Indian 

5 country under subsection (b) or (c) of section 

6 1151 of title 18, United States Code. 

7 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

8 means any American Indian or Alaska Native Tribe, 

9 band, nation, pueblo, village, or community that the 

10 Secretary acknowledges to exist as a federally recog11 nized Indian Tribe under the Federally Recognized 

12 Indian Tribe List Act of 1994 (25 U.S.C. 5131). 

13 (7) NATION.—The term ‘‘Nation’’ means the 

14 Cherokee Nation or the Chickasaw Nation. 

15 (8) NATIONS.—The ‘‘Nations’’ means the Cher16 okee Nation and the Chickasaw Nation. 

17 (9) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (10) STATE.—The term ‘‘State’’ means the 

20 State of Oklahoma. 

21 SEC. 4. RESERVATION INTEGRITY. 

22 To support clarity and consistency with respect to the 

23 exercise of criminal jurisdiction and authority on the Na24 tions’ respective Indian country— 


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1 (1) the reservation of each Nation, with bound2 aries as set forth in its most recent treaty or agree3 ment with the United States, is acknowledged; 

4 (2) the Secretary shall not take any land into 

5 trust status within the exterior boundary of the res6 ervation of a Nation unless— 

7 (A) the land is taken into trust status for 

8 the benefit of that Nation or of a citizen or citi9 zens of that Nation; or 

10 (B) the Nation consents in writing to the 

11 trust status for such land; and 

12 (3) the Secretary taking land within the exte13 rior boundary of a Nation’s reservation into trust in 

14 accordance with paragraph (2) shall not alter or di15 minish any criminal or civil jurisdiction of the con16 senting Nation. 

17 SEC. 5. NO EFFECT. 

18 Nothing in this Act— 

19 (1) waives the sovereign immunity of a Nation; 

20 (2) expands, limits, modifies, or otherwise af21 fects the authority or right that a Nation possesses 

22 under, or which is protected by, a treaty with the 

23 United States or other Federal law; 

24 (3) deprives a Nation of any right, privilege, or 

25 immunity afforded under Federal treaty, agreement, 


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1 statute, or other law with respect to hunting, fish2 ing, or water; or 

3 (4) invalidates, supersedes, or restricts any 

4 intergovernmental agreement or compact between a 

5 Nation and the State, or any of its subdivisions, en6 tered into before the date of the enactment of this 

7 Act. 

8 SEC. 6. INTERGOVERNMENTAL CRIMINAL JURISDICTION 

9 COMPACTS. 

10 (a) IN GENERAL.—A Nation may negotiate and enter 

11 into one or more intergovernmental compacts with the 

12 State regarding criminal jurisdiction on the Indian coun13 try (other than on Indian land) of that Nation, in accord 

14 with this Act. 

15 (b) AUTHORIZATION.— 

16 (1) IN GENERAL.—Upon entering into a com17 pact that satisfies the requirements of subsection (c) 

18 and subject to the limitations set forth in subsection 

19 (d) and the terms of such compact, the State may 

20 exercise its criminal jurisdiction in accord with its 

21 laws over offenses committed by or against Indians 

22 within the reservation of the Nation (other than on 

23 Indian land) to the same extent as the courts of the 

24 State have jurisdiction over and its laws apply to of25 fenses committed elsewhere within the State on 


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1 lands that are not Indian country, notwithstanding 

2 sections 1152 and 1153 of title 18, United States 

3 Code, and other Federal laws providing for United 

4 States criminal jurisdiction exclusive of State juris5 diction on lands that are Indian country. 

6 (2) EXISTING JURISDICTION.—The jurisdiction 

7 of the State described in paragraph (1) shall be con8 current with any criminal jurisdiction of the United 

9 States and the Nation on lands that are Indian 

10 country. 

11 (c) REQUIREMENTS.—An intergovernmental criminal 

12 jurisdiction compact entered into under this section 

13 shall— 

14 (1) define any geographic limits within the res15 ervation of the compacting Nation on which the 

16 State may exercise criminal jurisdiction; 

17 (2) define the categories of criminal offenders 

18 or offenses within the reservation of the compacting 

19 Nation over which the State may exercise jurisdic20 tion; 

21 (3) provide for means to amend the compact; 

22 (4) provide for means for either party to revoke 

23 the compact upon not less than one year of written 

24 notice to the other party, specifying the date on 

25 which such revocation shall take effect and stating 


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1 that revocation shall not affect any action, pending 

2 proceeding, conviction, adjudication, or final deter3 mination over which a court has already assumed ju4 risdiction; and 

5 (5) provide that it shall take legal effect upon 

6 entry in accordance with the respective laws of the 

7 State and the Nation. 

8 (d) LIMITATIONS.—Nothing in this Act or any agree9 ment entered under this Act shall— 

10 (1) limit or otherwise diminish the jurisdiction 

11 of the United States or of a Nation; 

12 (2) limit or otherwise affect the allocation of 

13 criminal jurisdiction respecting Indian land; 

14 (3) alter or otherwise affect jurisdiction over 

15 any person for any offense committed before a com16 pact takes effect; 

17 (4) limit or otherwise diminish criminal juris18 diction of the State over offenses committed by a 

19 person anywhere on the Indian country of a Nation 

20 before the date of a compact taking effect; 

21 (5) limit or otherwise diminish applicability of 

22 the criminal laws of the State anywhere on the In23 dian country of a Nation before the date of a com24 pact taking effect; or 


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1 (6) confer upon the State any authority to im2 pose any tax, fee, charge, or other assessment upon 

3 a Nation, nor may the State refuse to enter into a 

4 compact based on the lack of authority in the State, 

5 including its political subdivisions, to impose any 

6 such tax, fee, charge, or other assessment. 

7 SEC. 7. FEDERAL ENGAGEMENT. 

8 (a) UNITED STATES ATTORNEY GENERAL.—At the 

9 request of a Nation, the Attorney General shall consult 

10 with and provide technical assistance to the Nation for 

11 purposes of developing or implementing any compact au12 thorized under this Act. 

13 (b) BUREAU OF PRISONS.—In the case of an offender 

14 sentenced by a Nation to a term of imprisonment of more 

15 than 6 months, the Nation may require the offender to 

16 serve his or her sentence in the nearest appropriate Fed17 eral facility. The Bureau of Prisons shall accept and im18 plement the term of imprisonment in accordance with such 

19 sentence, and the term of imprisonment shall be subject 

20 to the conditions described in section 5003 of title 18, 

21 United States Code, regarding the custody of State offend22 ers, except that any offender sentenced by a Nation shall 

23 be imprisoned at the expense of the United States. 

24 (c) DUTIES OF THE SECRETARY.— 


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1 (1) PUBLICATION OF COMPACT.—Upon a Na2 tion and the State entering a compact under section 

3 6, the Nation may provide a copy of the compact to 

4 the Secretary, who shall then cause notice of the 

5 compact to be published in the Federal Register not 

6 later than 30 days after receiving such copy. 

7 (2) REPORT.—The Secretary shall— 

8 (A) in consultation with each Nation— 

9 (i) complete a report on the develop10 ment and implementation of compacts 

11 under this Act; and 

12 (ii) make recommendations for further 

13 action to support and enhance the criminal 

14 justice system of each Nation, including 

15 additional Federal expenditures appro16 priate to such actions; and 

17 (B) not later than 2 years after the date 

18 of the enactment of this Act, submit the report 

19 prepared under subparagraph (A) to the Com20 mittee on Natural Resources of the House of 

21 Representatives and the Committee on Indian 

22 Affairs of the Senate. 

Æ 


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