Consent of United States to other States to assume jurisdiction, see note set out under section 1360 of Title 28, Judiciary and Judicial Procedure. Retrocession of criminal jurisdiction by State, see section 1323 of Title 25, Indians. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 1323. § 1163. Embezzlement and theft from Indian tribal organizations Whoever embezzles, steals, knowingly converts to his use or the use of another, willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds, credits, goods, assets, or other property belonging to any Indian tribal organization or intrusted to the custody or care of any officer, employee, or agent of an Indian tribal organization; or Whoever, knowing any such moneys, funds, credits, goods, assets, or other property to have been so embezzled, stolen, converted, misapplied or permitted to be misapplied, receives, conceals, or retains the same with intent to convert it to his use or the use of another— Shall be fined not more than $5,000, or imprisoned not more than five years, or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000, or imprisoned not more than one year, or both. As used in this section, the term "Indian tribal organization" means any tribe, band, or community of Indians which is subject to the laws of the United States relating to Indian affairs or any corporation, association, or group which is organized under any of such laws. (Added Aug. 1, 1956, ch. 822, § 2, 70 Stat. 792.) § 1164. Destroying boundary and warning signs Whoever willfully destroys, defaces, or removes any sign erected by an Indian tribe, or a Government agency (1) to indicate the boundary of an Indian reservation or of any Indian country, as defined in section 1151 of this title or (2) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall be fined not more than $250 or imprisoned not more than six months, or both. (Added Pub. L. 86-634, § 1, July 12, 1960, 74 Stat. 469.) § 1165. Hunting, trapping, or fishing on Indian land Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined not more than $200 or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited. (Added Pub. L. 86-634, § 2, July 12, 1960, 74 Stat. 469.) ASSIMILATIVE CRIMES ACT § 7. Special maritime and territorial jurisdiction of the United States defined The term "special maritime and territorial jurisdiction of the United States". as used in this title, includes: (1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line. (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building. (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United Sates, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 451 (Mar. 4, 1909, ch. 321, § 272, 35 Stat. 1142; June 11, 1940, ch. 323, 54 Stat. 304). The words "The term 'special maritime and territorial jurisdiction of the United States' as used in this title includes," were substituted for the words "The crimes and offenses defined in sections 451-468 of this title shall be punished as herein prescribed." This section first appeared in the 1909 Criminal Code. It made it possible to combine in one chapter all the penal provisions covering acts within the admiralty and maritime jurisdiction without the necessity of repeating in each section the places covered. The present section has made possible the allocation of the diverse provisions of chapter 11 of Title 18, U.S.C., 1940 ed., to particular chapters restricted to particular offenses, as contemplated by the alphabetical chapter arrangement. In several revised sections of said chapter 11 the words "within the special maritime and territorial jurisdiction of the United States" have been added. Thus the jurisdictional limitation will be preserved in all sections of said chapter 11 describing an offense. Enumeration of names of Great Lakes was omitted as unnecessary. Other minor changes were necessary now that the section defines a term rather than the place of commission of crime or offense; however, the extent of the special jurisdiction as originally enacted has been carefully followed. AMENDMENTS 1952-Subsec. (5). Act July 12, 1952, added subsec. (5). CROSS REFERENCES Laws of states adopted for areas within federal jurisdiction, see section 13 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13, 112, 878, 1116, 1201 of this title; title 15 sections 1175, 1243; title 49 section 1472. § 13. Laws of States adopted for areas within Federal jurisdiction Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (June 25, 1948, ch. 645, 62 Stat. 686.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 468 (Mar. 4, 1909, ch. 321, § 289, 35 Stat. 1145; June 15, 1933, ch. 85, 48 Stat. 152; June 20, 1935, ch. 284, 49 Stat. 394; June 6, 1940, ch. 241, 54 Stat. 234). Act March 4, 1909, § 289 used the words "now in force" when referring to the laws of any State, organized Territory or district, to be considered in force. As amended on June 15, 1933, the words "by the laws thereof in force on June 1, 1933, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal," were used. The amendment of June 20, 1935, extended the date to "April 1, 1935," and the amendment of June 6, 1940, extended the date to "February 1, 1940”. The revised section omits the specification of any date as unnecessary in a revision, which speaks from the date of its enactment. Such omission will not only make effective within Federal reservations, the local State laws in force on the date of the enactment of the revision, but will authorize the Federal courts to apply the same measuring stick to such offensses as is applied in the adjoining State under future changes of the State law and will make unnecessary periodic proforma amendments of this section to keep abreast of changes of local laws. In other words, the revised section makes applicable to offenses committed on such reservations, the law of the place that would govern if the reservation had not been ceded to the United States. The word "Possession" was inserted to clarify scope of section. II 96TH CONGRESS 1ST SESSION S. 1181 To authorize the States and the Indian tribes to enter into mutual agreements and compacts respecting jurisdiction and governmental operations in Indian country. IN THE SENATE OF THE UNITED STATES MAY 21 (legislative day, APRIL 9), 1979 Mr. DECONCINI (for himself, Mr. McGOVERN, Mr. DOMENICI, Mr. BURDICK, Mr. MCCLURE, Mr. HATFIELD, and Mr. LEVIN) introduced the following bill; which was read twice and referred to the Select Committee on Indian Affairs A BILL To authorize the States and the Indian tribes to enter into mutual agreements and compacts respecting jurisdiction and governmental operations in Indian country. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Tribal-State Compact Act 4 of 1979". 5 6 DECLARATION OF POLICY SEC. 2. The Congress hereby declares that it is the 7 policy of this Nation to continue to preserve and protect the 2 1 tribes of the American Indian people. The policy of this 2 Nation is premised on the status of tribal governments as a 3 continuing part of the American political fabric. Accordingly, 4 the United States has a responsibility to establish a legal 5 framework which will enable the tribes and the States to 6 achieve maximum harmony and facilitate their cooperative 7 efforts in the orderly administration of their governments. 8 Federal enabling authority for the establishment of viable in9 tergovernmental agreements between the tribes and the 10 States based on mutual consent must be established. 13 (a) "Indian tribe" means any Indian tribe, band, nation, 14 or other organized group or community exercising powers of 15 self-government which is recognized as eligible for services 16 provided by the United States to Indians because of their 17 status as Indians, including any Alaska Native villages in18 cluded in the Alaska Native Claims Settlement Act (85 Stat. 19 688, 697). 20 (b) "State" means any of the States of the United 21 States, including cities, counties, municipalities, or other po22 litical subdivisions thereof. 23 (c) "Secretary" means the Secretary of the Department 24 of the Interior unless otherwise designated in this Act. |