To clarify the lands over which Indian tribes shall have jurisdiction or exercise governmental power.

States that no Indian tribe shall have jurisdiction over, or shall exercise governmental power within, any land that is not located in the same State as the reservation, trust lands, or other tribal lands that constituted the principal residence and location of that Indian tribe on the enactment of this Act, unless such land is: (1) contiguous to the lands that constituted the principal residence and location of the Indian tribe as of the enactment; or (2) has been taken into trust.

Provides that an Indian tribe that had no such reservation, trust lands, or other tribal lands shall not have jurisdiction over, or exercise governmental power within, any land located outside of the State in which that Indian tribe was principally located as of such enactment, until and unless land has been taken into trust on behalf of that Indian tribe.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3394 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3394

 To clarify the lands over which Indian tribes shall have jurisdiction 
                    or exercise governmental power.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2003

 Mr. Boehlert (for himself, Mr. Houghton, Mr. Johnson of Illinois, Mr. 
  Blunt, Mrs. Kelly, and Mr. Sweeney) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To clarify the lands over which Indian tribes shall have jurisdiction 
                    or exercise governmental power.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. JURISDICTION OF INDIAN TRIBES OVER LAND.

    (a) Tribes With Lands.--No Indian tribe shall have jurisdiction 
over, or shall exercise governmental power within, any land that is not 
located in the same State as the reservation, trust lands, or other 
tribal lands that constituted the principal residence and location of 
that Indian tribe on the date of the enactment of this section, unless 
such land is--
            (1) contiguous to the lands that constituted the principal 
        residence and location of the Indian tribe as of the date of 
        the enactment of this section; or
            (2) has been taken into trust in accordance with section 5 
        of the Act of June 18, 1934 (25 U.S.C. 465).
    (b) Tribes With No Lands.--An Indian tribe that had no reservation, 
trust lands, or other tribal lands on the date of the enactment of this 
section shall not have jurisdiction over, or exercise governmental 
power within, any land located outside of the State in which that 
Indian tribe was principally located as of the date of the enactment of 
this section, until and unless land has been taken into trust on behalf 
of that Indian tribe in accordance with section 5 of the Act of June 
18, 1934 (25 U.S.C. 465).
    (c) Applicability.--This section shall apply to lands owned by an 
Indian tribe on the date of the enactment of this section or acquired 
by an Indian tribe after the date of the enactment of this section.
                                 <all>