[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR11.104]

[Page 22-23]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 11--LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents
 
                  Subpart A--Application; Jurisdiction
 
Sec. 11.104  Jurisdictional limitations.

    (a) No Court of Indian Offenses may exercise any jurisdiction over a 
Federal or state official that it could not exercise if it were a tribal 
court.
    (b) Unless otherwise provided by a resolution or ordinance of the 
tribal governing body of the tribe occupying the Indian country over 
which a Court of Indian country over which a Court of Indian Offenses 
has jurisdiction, no Court of Indian Offenses may adjudicate an election 
dispute or take jurisdiction over a suit against the tribe or adjudicate 
any internal tribal government dispute.
    (c) The decision of the BIA on who is a tribal official is binding 
in a Court of Indian Offenses.
    (d) The Department of the Interior will accord the same weight to 
decisions of a Court of Indian Offenses that it accords to decisions of 
a tribal court.

[[Page 23]]

    (e) A tribe may not be sued in a Court of Indian Offenses unless its 
tribal governing body explicitly waives its tribal immunity by tribal 
resolution or ordinance.