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(d) "Indian country" shall be defined in accordance with

2 the provisions in section 1151 of title 18, United States

3 Code.

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TITLE I-AUTHORIZATION OF COMPACTS AND

AGREEMENTS

SEC. 101. (a) Notwithstanding the Act of August 15, 7 1953 (67 Stat. 588), as amended, or any other Act transfer8 ring civil or criminal jurisdiction over Indians within Indian 9 country from the United States to the various States, or es10 tablishing a procedure for such transfers, and notwithstand11 ing the provisions of any enabling Act for the admission of a 12 State into the Union, the consent of the United States is 13 hereby given the States and the Indian tribes and the same 14 are hereby authorized to enter into compacts and agreements 15 between and among themselves on matters relating to (1) the 16 enforcement or application of civil, criminal, and regulatory 17 laws of each within their respective jurisdiction, and (2) allo18 cation or determination of governmental responsibility of 19 States and tribes over specified subject matters or specified 20 geographical areas, or both, including agreements or com21 pacts which provide for concurrent jurisdiction between the 22 States and the tribes, and (3) agreements or compacts which 23 provide for transfer of jurisdiction of individual cases from 24 tribal courts to State courts or State courts to tribal courts in

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1 accordance with procedures established by the laws of the

2 tribes and States.

3 (b) Such agreements and compacts shall be subject to 4 revocation by either party upon six months written notice to 5 the other unless a different period of time is agreed upon. No 6 agreement may provide for a period for revocation in excess 7 of five years unless first approved by a majority of the adult 8 enrolled Indians within the affected area voting at a special 9 election as prescribed in title IV, section 406 of the Act of 10 April 11, 1968 (82 Stat. 80; 25 U.S.C. 1326), but such ap11 proval shall not curtail the right of the parties to revoke the 12 agreement by mutual consent within a shorter period of time. 13 (c) Agreements or compacts entered into under the pro14 vision of this section must be filed with the Secretary within 15 thirty days of consummation. In the event an agreement is 16 not so filed, it shall be subject to immediate revocation by 17 either party. The Secretary shall cause the jurisdictional pro18 visions of any such agreement, compact, or revocation to be 19 published in the Federal Register unless requested otherwise 20 by all parties to the agreement or compact.

21 (d) Such agreements, compacts, or revocation thereof 22 shall not affect any action or proceeding over which a court 23 has already assumed jurisdiction and no such action or pro24 ceeding shall abate by reason of such agreement, compact, or 25 revocation unless specifically agreed upon by all parties to

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1 any such action or proceedings and by the parties to the

2 agreement or compact.

3 (e) Nothing in this Act shall be construed to: (1) enlarge 4 or diminish the jurisdiction over civil or criminal matters 5 which may be exercised by either State or tribal governments 6 except as expressly provided in this Act; (2) authorize or em7 power State or tribal governments, either separately or pur8 suant to agreement or compact, to expand or diminish the 9 jurisdiction presently exercised by the Government of the 10 United States to make criminal laws for or enforce criminal 11 laws in the Indian country; (3) authorize or empower the 12 government of a State or any of its political subdivisions or 13 the government of an Indian tribe from entering into agree14 ments or exercising jurisdiction except as authorized by their 15 own organizational documents or enabling laws; (4) authorize 16 agreements or compacts which provide for the alienation, fi17 nancial encumbrance, or taxation of any real or personal 18 property, including water rights, belonging to any Indian or 19 any Indian tribe, band, or community that is held in trust by 20 the United States or is subject to a restriction against alien21 ation imposed by the United States; or (5) to enter into 22 agreements or compacts for the transfer of unlimited, unspe23 cified, or general civil and criminal jurisdiction of an Indian 24 tribe, except as provided under title IV, section 406 of the 25 Act of April 11, 1968 (82 Stat. 80; 25 U.S.C. 1326).

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1 FUNDING AND IMPLEMENTATION-FEDERAL ASSISTANCE

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SEC. 102. (3) In any agreement or compact between an

3 Indian tribe and a State authorized under this Act, the 4 United States, upon agreement of the parties and the Secre5 tary, may provide financial assistance to such party for costs 6 of personnel or administrative expenses in an amount up to 7 100 per centum of costs actually incurred as a consequence 8 of such agreement or compact, including indirect costs of ad9 ministration which are clearly attributable to the services 10 performed under the agreement or compact. In determining 11 the amount of Federal assistance, if any, to be provided the 12 Secretary may consider among other things:

(1) Whether or not the party assuming an obligation under the agreement or compact is already obligated or entitled to perform the function which is the subject of the compact.

(2) Whether or not the Federal assistance will cause or enable the contracting party to perform the function at a standard above that which it is already obligated to perform.

(3) The financial capacity of the contracting parties to underwrite the expenses without Federal assist

ance.

(4) The extent to which the success or failure of the compact may depend upon Federal assistance.

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(5) The extent to which the proposed compact or agreement will contribute to fostering of community re

lations between Indian and non-Indian communities.

(6) The extent to which the proposed compact or agreement will enhance protection of resources of both Indian and non-Indian communities.

(7) The comparative costs if the function which is the subject of the compact or agreement were to be performed by the United States.

(8) The extent to which Federal funding is already supplied through revenue sharing, grants in aid,

or other Federal program moneys.

(b) Whenever a party to such agreement or compact 14 seeks financial assistance from the United States, to offset 15 their costs, such party shall prepare a detailed statement of 16 the projected costs; a copy of such statement shall be sup17 plied to the other party; and the original of such statement 18 shall be supplied to the Secretary at the time said agreement 19 or compact is tendered to him for his approval.

20 (c) In any agreement or compact in which one of the 21 parties qualifies for Federal assistance, the other party shall 22 be supplied with copies of all vouchers for payment at the 23 time they are submitted and shall be fully informed of all 24 payments made by the United States to the recipient party. 25 In the event disputes arise between the parties, "either party