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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 1321 Assumption by State of criminal jurisdiction us united_states_code code_section 25 INDIANS 15 CONSTITUTIONAL RIGHTS OF INDIANS 1321 25 U.S.C. § 1321 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s1321 data/legal/raw/us/code/title-25/usc25.xml fe78681813306eab66ab8e1e8b57654697e1be362a7109c70b7bfd15e30faadf d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 a4094b50817099d252d5f137bd730a83beb1031b12c307a0dacd2e15640bfe06 2026-07-04 official
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25 U.S.C. § 1321 - Assumption by State of criminal jurisdiction

Text

(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. 90284, title IV, § 401, Apr. 11, 1968, 82 Stat. 78; Pub. L. 111211, title II, § 221(a), July 29, 2010, 124 Stat. 2271.)

Notes

Editorial Notes

Amendments2010—Pub. L. 111211 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).