Negonsott v. Samuels, 507 U.S. 99, 7 (1993)

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106

NEGONSOTT v. SAMUELS

Opinion of the Court

Our reading of the Kansas Act is the only one that gives effect "to every clause and word of [the] statute." Moskal v. United States, 498 U. S. 103, 109-110 (1990) (internal quotation marks omitted). Petitioner's construction of the Act's second sentence renders federal jurisdiction exclusive whenever the underlying conduct is punishable under federal law pursuant to either 18 U. S. C. §§ 1152 or 1153. Kansas is left, then, with jurisdiction over only those minor offenses committed by one Indian against the person or property of another. This result can hardly be reconciled with the first sentence's unqualified grant of jurisdiction to Kansas to prosecute all state-law offenses committed by or against Indians on Indian reservations. Moreover, contrary to the assertion of petitioner, our construction of the Kansas Act does not work an "implied repeal" of the Indian Major Crimes Act. As we have noted, federal courts retain their exclusive jurisdiction to try individuals for major federal crimes committed by or against Indians in Indian country. In any event, to the extent that the Kansas Act altered the jurisdictional landscape, the alteration is not merely by implication: The Act explicitly conferred jurisdiction on Kansas over all offenses involving Indians on Indian reservations.

B

Although we think resort to secondary materials is unnecessary to decide this case, the legislative history of the Kansas Act supports our construction. Both the House and Senate Reports accompanying the Act consist almost entirely of a letter and memorandum from Acting Secretary of the Interior, E. K. Burlew, to the Chairmen of the House and Senate Indian Affairs Committees, which provide a background account of the forces leading to the enactment of the Kansas Act. See H. R. Rep. No. 1999, 76th Cong., 3d Sess. (1940) (hereinafter H. R. Rep.); S. Rep. No. 1523, 76th Cong., 3d Sess. (1940) (hereinafter S. Rep.). According to Acting Secretary Burlew, in practice, Kansas had exercised jurisdiction over all offenses committed on Indian reservations involving

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