US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 1360

State civil jurisdiction in actions to which Indians are parties

(a)

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.
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:
(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.

Aug. 15, 1953, ch. 505, § 4 67 Stat. 589 Aug. 24, 1954, ch. 910, § 2 68 Stat. 795 Pub. L. 85–615, § 272 Stat. 545 Pub. L. 95–598, title II, § 23992 Stat. 2668 Pub. L. 98–353, title I, § 11098 Stat. 342 (Added , ; amended , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 98–3531984—Subsec. (a). struck out “or Territories” after “Each of the States”, struck out “or Territory” after “State” in 5 places, and substituted “within the State” for “within the Territory” in item relating to Alaska.

Pub. L. 95–598section 402(b) of Pub. L. 95–598section 101 of Title 111978—Subsec. (a). directed the amendment of subsec. (a) by substituting in the item relating to Alaska “within the State” for “within the Territory”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.

Pub. L. 85–6151958—Subsec. (a). gave Alaska jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in all Indian country within the Territory of Alaska.

1954—Subsec. (a). Act , brought the Menominee Tribe within the provisions of this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–353section 122(a) of Pub. L. 98–353section 151 of this titleAmendment by effective , see , set out as an Effective Date note under .

Amendment of State Constitutions To Remove Legal Impediment; Effective Date

Act Aug. 15, 1953, ch. 505, § 6 67 Stat. 590

section 1162 of Title 18Provided“Notwithstanding the provisions of any Enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of this Act [adding this section and , Crimes and Criminal Procedure]: , That the provisions of this Act shall not become effective with respect to such assumption of jurisdiction by any such State until the people thereof have appropriately amended their State constitution or statutes as the case may be.”
, , provided that:

Consent of United States to Other States To Assume Jurisdiction

Act Aug. 15, 1953, ch. 505, § 7 67 Stat. 590 section 1162 of Title 18section 403(b) of Pub. L. 90–28482 Stat. 79 , , which gave consent of the United States to any other State not having jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both, as provided for in this section and , Crimes and Criminal Procedure, to assume jurisdiction at such time and in such manner as the people of the State shall, by legislative action, obligate and bind the State to assumption thereof, was repealed by , title IV, , , such repeal not to affect any cession of jurisdiction made pursuant to such section prior to its repeal.

section 1323 of Title 25Retrocession of jurisdiction by State acquired by State pursuant to section 7 of Act , prior to its repeal, see , Indians.

Executive Documents

Admission of Alaska as State

Pub. L. 85–50872 Stat. 339 section 21 of Title 48Admission of Alaska into the Union was accomplished , on issuance of Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of , , , set out as notes preceding , Territories and Insular Possessions.