FEDERAL · 25 U.S.C. · Chapter SUBCHAPTER III—JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS
Retrocession of jurisdiction by State
25 U.S.C. § 1323
Title25 — Indians
ChapterSUBCHAPTER III—JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS
This text of 25 U.S.C. § 1323 (Retrocession of jurisdiction by State) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
25 U.S.C. § 1323.
Text
(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Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession of jurisdiction made pursuant to such section prior to its repeal.
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Source Credit
History
(Pub. L. 90–284, title IV, §403, Apr. 11, 1968, 82 Stat. 79.)
Editorial Notes
Editorial Notes
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.
Executive Documents
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.
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.
Executive Documents
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.
Cite This Page — Counsel Stack
Bluebook (online)
25 U.S.C. § 1323, Counsel Stack Legal Research, https://law.counselstack.com/usc/25/1323.