2014 US Code
Title 25 - Indians (Sections 1 - 4307)
Chapter 15 - Constitutional Rights of Indians (Sections 1301 - 1341)
Subchapter III - Jurisdiction Over Criminal and Civil Actions (Sections 1321 - 1326)
Sec. 1322 - Assumption by State of civil jurisdiction

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 25 - INDIANS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 25 - INDIANS
CHAPTER 15 - CONSTITUTIONAL RIGHTS OF INDIANS
SUBCHAPTER III - JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS
Sec. 1322 - Assumption by State of civil jurisdiction
Containssection 1322
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawNo
Dispositionstandard
Source CreditPub. L. 90-284, title IV, §402, Apr. 11, 1968, 82 Stat. 79.
Statutes at Large Reference82 Stat. 79
Public and Private LawPublic Law 90-284

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25 U.S.C. § 1322 (2014)
§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.)

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