§1301 — Title 25 Indians | U.S. Code

Summary

Defines key terms: Indian tribe — a tribe, band, or group subject to U.S. jurisdiction and recognized as self-governing; Powers of self-government — all tribal government powers, including power to try crimes by Indians; Indian court — tribal courts or courts of Indian offenses; Indian — a person treated as an Indian under section 1153, title 18, for offenses listed in Indian country.

Title 25, §1301

Indians — Source: USLM XML via OLRC

For purposes of this subchapter, the term—

(1)“Indian tribe” means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government;

(2)“powers of self-government” means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;

(3)“Indian court” means any Indian tribal court or court of Indian offense; and

(4)“Indian” means any person who would be subject to the jurisdiction of the United States as an Indian under section 1153, title 18, if that person were to commit an offense listed in that section in Indian country to which that section applies.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Par. (2). Pub. L. 101–511, § 8077(b), inserted at end “means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;”. Par. (4). Pub. L. 101–511, § 8077(c), added par. (4).

Statutory Notes and Related Subsidiaries

Short Title

Title II of Pub. L. 90–284, which is classified generally to this subchapter, is popularly known as the “Indian Civil Rights Act of 1968”. Time Limitation on Criminal Misdemeanor Jurisdiction of Tribal Courts Over Non-Member Indians Pub. L. 101–511, title VIII, § 8077(d), Nov. 5, 1990, 104 Stat. 1893, as amended by Pub. L. 102–124, § 1, Oct. 9, 1991, 105 Stat. 616, which provided that the effects of subsecs. (b) and (c), which amended this section, as those subsections affect the criminal misdemeanor jurisdiction of tribal courts over non-member Indians have no effect after Oct. 18, 1991, was repealed by Pub. L. 102–137, Oct. 28, 1991, 105 Stat. 646. Subsequent to repeal, Pub. L. 102–172, title VIII, § 8112A(b), Nov. 26, 1991, 105 Stat. 1202, purported to amend section 8077(d) of Pub. L. 101–511 by substituting “1993” for “1991”.

§1301 Definitions