25 U.S.C. · Indians
25 U.S.C. § 1323

Retrocession of jurisdiction by State

Ch. 15 — CONSTITUTIONAL RIGHTS OF INDIANS
Title 25 U.S.C. ● ACTIVE Primary Source Ch. 15
Statutory Text

25 U.S.C. § 1323 — Retrocession of jurisdiction by State

U.S.C. Title 25 - INDIANS 25 U.S.C. United States Code, 2023 Edition Title 25 - INDIANS CHAPTER 15 - CONSTITUTIONAL RIGHTS OF INDIANS SUBCHAPTER III - JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS Sec. 1323 - Retrocession of jurisdiction by State From the U.S. Government Publishing Office, www.gpo.gov

§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 (b) Repeal of statutory provisions Section 7 of the Act of August 15, 1953 (67 Stat. 588), is hereby repealed, but such repeal shall not affect any cession of jurisdiction made pursuant to such section prior to its repeal.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.)

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. Lyndon B. Johnson.

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 25 U.S.C. § 1323 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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