25 U.S.C. § 1918 | Reassumption of jurisdiction over child custody proceedings

(a)

Petition; suitable plan; approval by Secretary

August 15, 195367 Stat. 588April 11, 196882 Stat. 73Any Indian tribe which became subject to State jurisdiction pursuant to the provisions of the Act of (), as amended by title IV of the Act of (, 78), or pursuant to any other Federal law, may reassume jurisdiction over child custody proceedings. Before any Indian tribe may reassume jurisdiction over Indian child custody proceedings, such tribe shall present to the Secretary for approval a petition to reassume such jurisdiction which includes a suitable plan to exercise such jurisdiction.

(b)

Criteria applicable to consideration by Secretary; partial retrocession

(1)

In considering the petition and feasibility of the plan of a tribe under subsection (a), the Secretary may consider, among other things:

(i)

whether or not the tribe maintains a membership roll or alternative provision for clearly identifying the persons who will be affected by the reassumption of jurisdiction by the tribe;

(ii)

the size of the reservation or former reservation area which will be affected by retrocession and reassumption of jurisdiction by the tribe;

(iii)

the population base of the tribe, or distribution of the population in homogeneous communities or geographic areas; and

(iv)

the feasibility of the plan in cases of multitribal occupation of a single reservation or geographic area.

(2)

section 1911(a) of this title section 1911(b) of this title section 1911(a) of this title In those cases where the Secretary determines that the jurisdictional provisions of are not feasible, he is authorized to accept partial retrocession which will enable tribes to exercise referral jurisdiction as provided in , or, where appropriate, will allow them to exercise exclusive jurisdiction as provided in over limited community or geographic areas without regard for the reservation status of the area affected.

(c)

Approval of petition; publication in Federal Register; notice; reassumption period; correction of causes for disapproval

If the Secretary approves any petition under subsection (a), the Secretary shall publish notice of such approval in the Federal Register and shall notify the affected State or States of such approval. The Indian tribe concerned shall reassume jurisdiction sixty days after publication in the Federal Register of notice of approval. If the Secretary disapproves any petition under subsection (a), the Secretary shall provide such technical assistance as may be necessary to enable the tribe to correct any deficiency which the Secretary identified as a cause for disapproval.

(d)

Pending actions or proceedings unaffected

section 1919 of this titleAssumption of jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction, except as may be provided pursuant to any agreement under .

Pub. L. 95–608, title I, § 108Nov. 8, 197892 Stat. 3074(, , .)

Editorial Notes

References in Text

August 15, 1953act Aug. 15, 1953, ch. 505 67 Stat. 588 section 1162 of Title 18 section 1360 of Title 28 section 1360 of Title 28Act of , referred to in subsec. (a), is , , which enacted , Crimes and Criminal Procedure, , Judiciary and Judicial Procedure, and provisions set out as notes under . For complete classification of this Act to the Code, see Tables.