dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300i–9 (INDIANS)
§ 1300i–9. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 100–580, § 10, Oct. 31, 1988, 102 Stat. 2934, which related to establishment of a plan for economic development for the Yurok Tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300i–10 (INDIANS)
§ 1300i–10. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 100–580, § 11, Oct. 31, 1988, 102 Stat. 2935, which set out special considerations related to certain tribal lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300i–11 (INDIANS)
§ 1300i–11. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 100–580, § 14, Oct. 31, 1988, 102 Stat. 2936; Pub. L. 101–301, § 9(4), May 24, 1990, 104 Stat. 211; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, which related to claims challenging the partition of the joint reservation pursuant to former section 1300i–1 of this title, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–1 (INDIANS)
§ 1300j–1. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 2, Sept. 21, 1994, 108 Stat. 2153, which affirmed Federal recognition of the Pokagon Band, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–2 (INDIANS)
§ 1300j–2. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 3, Sept. 21, 1994, 108 Stat. 2153, which provided for the band and its members to be eligible for all Federal services and benefits furnished to federally recognized Indian tribes, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–3 (INDIANS)
§ 1300j–3. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 4, Sept. 21, 1994, 108 Stat. 2153, which required submission of membership rolls to the Secretary of the Interior not later than 18 months after Sept. 21, 1994, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–4 (INDIANS)
§ 1300j–4. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 5, Sept. 21, 1994, 108 Stat. 2154, which related to adoption of a constitution and bylaws and election of a governing body for the band, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–5 (INDIANS)
§ 1300j–5. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 6, Sept. 21, 1994, 108 Stat. 2154, which provided that tribal lands would consist of all real property held by or in trust for the band on and after Sept. 21, 1994, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–6 (INDIANS)
§ 1300j–6. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 7, Sept. 21, 1994, 108 Stat. 2154, which listed counties in Michigan comprising the band’s service area, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–7 (INDIANS)
§ 1300j–7. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 8, Sept. 21, 1994, 108 Stat. 2154, which related to jurisdiction over lands taken into trust by the Secretary of the Interior for the benefit of the band, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–7a (INDIANS)
§ 1300j–7a. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 9, as added Pub. L. 103–435, § 20(2), Nov. 2, 1994, 108 Stat. 4574; amended Pub. L. 104–109, § 1, Feb. 12, 1996, 110 Stat. 763, which required submission of a list of members of the band as of Sept. 21, 1994, to the Secretary of the Interior not later than 120 days after such date, and submission of a membership roll to the Secretary not later than 18 months after such date, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300j–8 (INDIANS)
§ 1300j–8. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–323, § 10, formerly § 9, Sept. 21, 1994, 108 Stat. 2155; renumbered § 10, Pub. L. 103–435, § 20(1), Nov. 2, 1994, 108 Stat. 4574, which set out definitions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300k (INDIANS)
§ 1300k. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 2, Sept. 21, 1994, 108 Stat. 2156, which set out congressional findings, was omitted from the Code as being of special and not general application.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–324, § 1, Sept. 21, 1994, 108 Stat. 2156, provided that Pub. L. 103–324, enacting this subchapter, could be cited as the “Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act”.
25 U.S.C. § 1300k–1 (INDIANS)
§ 1300k–1. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 3, Sept. 21, 1994, 108 Stat. 2157, which set out definitions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300k–2 (INDIANS)
§ 1300k–2. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 4, Sept. 21, 1994, 108 Stat. 2157, which reaffirmed Federal recognition of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians and provided for the bands and their members to be eligible for all services and benefits provided by the Federal Government to Indians because of their federally recognized status, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300k–3 (INDIANS)
§ 1300k–3. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 5, Sept. 21, 1994, 108 Stat. 2158; Pub. L. 104–109, § 2(a), Feb. 12, 1996, 110 Stat. 763, which reaffirmed all rights and privileges of the bands and members thereof which might have been abrogated or diminished before Sept. 21, 1994, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300k–4 (INDIANS)
§ 1300k–4. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 6, Sept. 21, 1994, 108 Stat. 2158, which related to transfers of land to the United States to be held in trust for the benefit of the bands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300k–5 (INDIANS)
§ 1300k–5. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 7, Sept. 21, 1994, 108 Stat. 2159, which required submission of membership rolls to the Secretary of the Interior not later than 18 months after Sept. 21, 1994, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300k–6 (INDIANS)
§ 1300k–6. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 8, Sept. 21, 1994, 108 Stat. 2159, which related to adoption of constitutions and election of governing bodies of the bands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300k–7 (INDIANS)
§ 1300k–7. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–324, § 9, as added Pub. L. 103–435, § 21, Nov. 2, 1994, 108 Stat. 4574; amended Pub. L. 104–109, § 2(b), Feb. 12, 1996, 110 Stat. 763, which required submission of a list of members of the respective bands as of Sept. 21, 1994, to the Secretary of the Interior not later than 120 days after such date, and submission of a membership roll to the Secretary by each of the bands not later than 18 months after such date, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300l (INDIANS)
§ 1300l. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 202, Oct. 31, 1994, 108 Stat. 4533, which provided for restoration of Federal recognition of the tribe and of all rights and privileges of the tribe and its members, was omitted from the Code as being of special and not general application.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–434, title II, § 201, Oct. 31, 1994, 108 Stat. 4533, provided that title II of Pub. L. 103–434, enacting this subchapter, could be cited as the “Auburn Indian Restoration Act”.
25 U.S.C. § 1300l–1 (INDIANS)
§ 1300l–1. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 203, Oct. 31, 1994, 108 Stat. 4533; Pub. L. 104–109, § 8(a), Feb. 12, 1996, 110 Stat. 764, which related to establishment of a plan for economic development for the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300l–2 (INDIANS)
§ 1300l–2. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 204, Oct. 31, 1994, 108 Stat. 4534; Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876, which provided for the transfer of land to the United States to be held in trust for the tribe or an individual member of the tribe as part of the tribe’s reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300l–3 (INDIANS)
§ 1300l–3. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 205, Oct. 31, 1994, 108 Stat. 4534, which related to tribal membership rolls, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300l–4 (INDIANS)
§ 1300l–4. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 206, Oct. 31, 1994, 108 Stat. 4535; Pub. L. 104–109, § 8(b), Feb. 12, 1996, 110 Stat. 765, which provided for governance of the tribe by an Interim Council until adoption of a new tribal constitution and bylaws, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300l–5 (INDIANS)
§ 1300l–5. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 207, Oct. 31, 1994, 108 Stat. 4535, which related to adoption of a tribal constitution and bylaws and election of tribal officials, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300l–6 (INDIANS)
§ 1300l–6. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 208, Oct. 31, 1994, 108 Stat. 4535, which set out definitions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300l–7 (INDIANS)
§ 1300l–7. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–434, title II, § 209, Oct. 31, 1994, 108 Stat. 4536, which authorized the Secretary of the Interior to promulgate regulations to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300m (INDIANS)
§ 1300m. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 302, Nov. 2, 1994, 108 Stat. 4793, which set out definitions, was omitted from the Code as being of special and not general application.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–454, title III, § 301, Nov. 2, 1994, 108 Stat. 4793, provided that title III of Pub. L. 103–454, enacting this subchapter, could be cited as the “Paskenta Band Restoration Act”.
25 U.S.C. § 1300m–1 (INDIANS)
§ 1300m–1. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 303, Nov. 2, 1994, 108 Stat. 4793, which provided for restoration of Federal recognition of the tribe and of all rights and privileges of the tribe and its members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300m–2 (INDIANS)
§ 1300m–2. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 304, Nov. 2, 1994, 108 Stat. 4794, which related to establishment of a plan for economic development for the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300m–3 (INDIANS)
§ 1300m–3. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 305, Nov. 2, 1994, 108 Stat. 4794, which provided for the transfer of land to the United States to be held in trust for the tribe as part of the tribe’s reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300m–4 (INDIANS)
§ 1300m–4. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 306, Nov. 2, 1994, 108 Stat. 4794, which related to tribal membership rolls, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300m–5 (INDIANS)
§ 1300m–5. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 307, Nov. 2, 1994, 108 Stat. 4795, which provided for governance of the tribe by an Interim Council until adoption of a new tribal constitution and bylaws, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300m–6 (INDIANS)
§ 1300m–6. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 308, Nov. 2, 1994, 108 Stat. 4795, which related to adoption of a tribal constitution and bylaws and election of tribal officials, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300m–7 (INDIANS)
§ 1300m–7. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–454, title III, § 309, Nov. 2, 1994, 108 Stat. 4796, which authorized the Secretary of the Interior to promulgate regulations to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300n (INDIANS)
§ 1300n. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1402, Dec. 27, 2000, 114 Stat. 2939, which set out congressional findings, was omitted from the Code as being of special and not general application.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 106–568, title XIV, § 1401, Dec. 27, 2000, 114 Stat. 2939, provided that title XIV of Pub. L. 106–568, enacting this subchapter, could be cited as the “Graton Rancheria Restoration Act”.
25 U.S.C. § 1300n–1 (INDIANS)
§ 1300n–1. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1403, Dec. 27, 2000, 114 Stat. 2939, which set out definitions, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300n–2 (INDIANS)
§ 1300n–2. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1404, Dec. 27, 2000, 114 Stat. 2939, which provided for restoration of Federal recognition of the tribe and of all rights and privileges of the tribe and its members, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300n–3 (INDIANS)
§ 1300n–3. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1405, Dec. 27, 2000, 114 Stat. 2940, which provided for the transfer of land to the Secretary of the Interior be held in trust for the benefit of the tribe as part of the tribe’s reservation, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300n–4 (INDIANS)
§ 1300n–4. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1406, Dec. 27, 2000, 114 Stat. 2940, which related to tribal membership rolls, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300n–5 (INDIANS)
§ 1300n–5. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1407, Dec. 27, 2000, 114 Stat. 2941, which provided for governance of the tribe by an Interim Tribal Council until ratification of a final tribal constitution, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300n–6 (INDIANS)
§ 1300n–6. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1408, Dec. 27, 2000, 114 Stat. 2941, which related to ratification of a final constitution for the tribe and election of tribal officials, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1301 (INDIANS)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 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).
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: 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”.
heading: Time Limitation on Criminal Misdemeanor Ju­risdiction of Tribal Courts Over Non-Member Indians
text: Pub. L. 101–511, title VIII, § 8077(d), Nov. 5, 1990, 104 Stat. 1893, 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 non-member 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”.
25 U.S.C. § 1321 (INDIANS)
§ 1321. Assumption by State of criminal jurisdiction
(a) Consent of United States
(1) In general
The consent of the United States is hereby given to any State not having jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country situated within such State to assume, with the consent of the Indian tribe occupying the particular Indian country or part thereof which could be affected by such assumption, such measure of jurisdiction over any or all of such offenses committed 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 any such offense committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country or part thereof as they have elsewhere within that State.
(2) Concurrent jurisdiction
At the request of an Indian tribe, and after consultation with and consent by the Attorney General, the United States shall accept concurrent jurisdiction to prosecute violations of sections 1152 and 1153 of title 18 within the Indian country of the Indian tribe.
(b) Alienation, encumbrance, taxation, and use of property; hunting, trapping, or fishing
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 deprive any Indian or any Indian tribe, 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; Pub. L. 111–211, title II, § 221(a), July 29, 2010, 124 Stat. 2271.)
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–211 substituted “Assumption by State of criminal jurisdiction” for “Assumption by State” in section catchline, inserted subsec. (a) heading, inserted par. (1) designation and heading, and added par. (2). Amendment to section catchline was executed as the probable intent of Congress, notwithstanding directory language which erroneously directed the amendment to subsec. (a).
25 U.S.C. § 1323 (INDIANS)
§ 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.)
heading: Editorial Notes
heading: References in Text
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.
heading: Executive Documents
heading: Ex. Ord. No. 11435. Designating Secretary of the Interior To Accept Retrocession of Jurisdiction by State
text: 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.