
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1918]

 
                            TITLE 25--INDIANS
 
                    CHAPTER 21--INDIAN CHILD WELFARE
 
                 SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
 
Sec. 1918. Reassumption of jurisdiction over child custody 
        proceedings
        

(a) Petition; suitable plan; approval by Secretary

    Any Indian tribe which became subject to State jurisdiction pursuant 
to the provisions of the Act of August 15, 1953 (67 Stat. 588), as 
amended by title IV of the Act of April 11, 1968 (82 Stat. 73, 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) of this section, 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) In those cases where the Secretary determines that the 
jurisdictional provisions of section 1911(a) of this title are not 
feasible, he is authorized to accept partial retrocession which will 
enable tribes to exercise referral jurisdiction as provided in section 
1911(b) of this title, or, where appropriate, will allow them to 
exercise exclusive jurisdiction as provided in section 1911(a) of this 
title 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) of this 
section, 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) of this 
section, 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

    Assumption 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 
section 1919 of this title.

(Pub. L. 95-608, title I, Sec. 108, Nov. 8, 1978, 92 Stat. 3074.)

                       References in Text

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

                  Section Referred to in Other Sections

    This section is referred to in sections 1727, 1923 of this title.
