Negonsott v. Samuels, 507 U.S. 99, 6 (1993)

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Cite as: 507 U. S. 99 (1993)

Opinion of the Court

Act itself. The first sentence confers jurisdiction on "Kansas over offenses committed by or against Indians on Indian reservations . . . to the same extent as its courts have jurisdiction over offenses committed elsewhere within the State in accordance with the laws of the State." § 3243. Standing alone, this sentence unambiguously confers jurisdiction on Kansas to prosecute all offenses—major and minor—committed by or against Indians on Indian reservations in accordance with state law. Petitioner does not assert otherwise. Instead, he rests his case on the second sentence of the Kansas Act, which states that nothing in the Act shall "deprive" federal courts of their "jurisdiction over offenses defined by the laws of the United States." Ibid. But the most logical meaning of this proviso, we believe, is that federal courts shall retain their jurisdiction to try all offenses subject to federal jurisdiction under 18 U. S. C. §§ 1152 and 1153, while Kansas courts shall have jurisdiction to try persons for the same conduct when it violates state law.

This interpretation is quite consistent with the first sentence's conferral of jurisdiction on Kansas over all offenses committed by or against Indians on Indian reservations in accordance with state law. The Court of Appeals referred to this state of affairs in terms of Kansas courts having "concurrent jurisdiction" with federal courts over the offenses enumerated in the Indian Major Crimes Act. See 933 F. 2d, at 820-821. But the Kansas Act does not confer jurisdiction on Kansas to prosecute individuals for the federal offenses listed in the Indian Major Crimes Act; it confers jurisdiction to prosecute individuals in accordance with state law for conduct that is also punishable under federal law pursuant to the Indian Major Crimes Act. Strictly speaking, then, federal courts retain their exclusive jurisdiction to try individuals for offenses covered by the Indian Major Crimes Act, and in this sense, the Kansas Act in fact confers only concurrent "legislative" jurisdiction on the State to define and prosecute similar offenses.

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