2-1-301. (Temporary) Assumption of criminal jurisdiction of Flathead Indian country — county reimbursement. (1) The state of Montana hereby obligates and binds itself to assume, as provided in this section, criminal jurisdiction over Indians and Indian territory of the Flathead Indian reservation and country within the state in accordance with the consent of the United States […]
2-1-302. Resolution of Indian tribes requesting state jurisdiction — governor’s proclamation — consent of county commissioners. (1) Whenever the governor of this state receives from the tribal council or other governing body of the Confederated Salish and Kootenai Indian tribes or any other community, band, or group of Indians in this state, a resolution expressing its […]
2-1-303. Date of assumption of jurisdiction — application of state law in Indian country. Sixty days from the date of issuance of the proclamation of the governor as provided for by 2-1-302, the state of Montana shall assume jurisdiction over offenses committed by or against Indians in the lands prescribed in the proclamation to the same […]
2-1-304. Rights, privileges, and immunities reserved to Indians. Nothing in this part shall: (1) authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States; (2) authorize regulation of the use of such property […]
2-1-305. Indian culture protected. Nothing in this part shall deprive the Indian tribe, band, or community from carrying on its age-old tribal dances, feasting, or customary Indian celebrations or in any way try to destroy the Indian culture. History: En. Sec. 5, Ch. 81, L. 1963; R.C.M. 1947, 83-805.
2-1-306. (Temporary) Withdrawal of consent to state jurisdiction. (1) No sooner than 6 months after April 24, 1993, and after consulting with local government officials concerning implementation, the Confederated Salish and Kootenai tribes may, by tribal resolution, withdraw consent to be subject to the criminal jurisdiction of the state of Montana. Within 6 months after receipt […]
2-1-307. Service of process. All legal process of the state, both civil and criminal, may be served upon persons and property found on any Indian reservation in all cases where the United States has not exclusive jurisdiction. History: En. Sec. 41, Pol. C. 1895; re-en. Sec. 22, Rev. C. 1907; re-en. Sec. 21, R.C.M. 1921; re-en. Sec. […]
2-1-308 through 2-1-314 reserved.
2-1-315. Tribal regalia and objects of cultural significance — allowed at public events. (1) The purpose of this section is to help further the state’s recognition of the distinct and unique cultural heritage of the American Indians and the state’s commitment to preserving the American Indians’ cultural integrity as provided in Article X, section 1(2), of […]
