Laws: Cases and Codes : U.S. Code : Title 28 : Section 1360


   
U.S. Code as of: 01/19/04
Section 1360. State civil jurisdiction in actions to which Indians are parties

      (a) Each of the States listed in the following table shall have
    jurisdiction over civil causes of action between Indians or to
    which Indians are parties which arise in the areas of Indian
    country listed opposite the name of the 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 as they have elsewhere within
    the State:


            State of                     Indian country affected        
    --------------------------------------------------------------------
    Alaska                      All Indian country within the State.    
    California                  All Indian country within the State.    
    Minnesota                   All Indian country within the State,    
                                 except the Red Lake Reservation.       
    Nebraska                    All Indian country within the State.    
    Oregon                      All Indian country within the State,    
                                 except the Warm Springs Reservation.   
    Wisconsin                   All Indian country within the State.    
    --------------------------------------------------------------------

      (b) 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) 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.



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