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U.S. Code as of:
01/19/04
Section 233. Jurisdiction of New York State courts in civil actions
The courts of the State of New York under the laws of such State
shall have jurisdiction in civil actions and proceedings between
Indians or between one or more Indians and any other person or
persons to the same extent as the courts of the State shall have
jurisdiction in other civil actions and proceedings, as now or
hereafter defined by the laws of such State: Provided, That the
governing body of any recognized tribe of Indians in the State of
New York shall have the right to declare, by appropriate enactment
prior to September 13, 1952, those tribal laws and customs which
they desire to preserve, which, on certification to the Secretary
of the Interior by the governing body of such tribe shall be
published in the Federal Register and thereafter shall govern in
all civil cases involving reservation Indians when the subject
matter of such tribal laws and customs is involved or at issue, but
nothing herein contained shall be construed to prevent such courts
from recognizing and giving effect to any tribal law or custom
which may be proven to the satisfaction of such courts: Provided
further, That nothing in this section shall be construed to require
any such tribe or the members thereof to obtain fish and game
licenses from the State of New York for the exercise of any hunting
and fishing rights provided for such Indians under any agreement,
treaty, or custom: Provided further, That nothing herein contained
shall be construed as subjecting the lands within any Indian
reservation in the State of New York to taxation for State or local
purposes, nor as subjecting any such lands, or any Federal or State
annuity in favor of Indians or Indian tribes, to execution on any
judgment rendered in the State courts, except in the enforcement of
a judgment in a suit by one tribal member against another in the
matter of the use or possession of land: And provided further, That
nothing herein contained shall be construed as authorizing the
alienation from any Indian nation, tribe, or band of Indians of any
lands within any Indian reservation in the State of New York:
Provided further, That nothing herein contained shall be construed
as conferring jurisdiction on the courts of the State of New York
or making applicable the laws of the State of New York in civil
actions involving Indian lands or claims with respect thereto which
relate to transactions or events transpiring prior to September 13,
1952.
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