[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

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.



[[Page 23]]



    (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.

    (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.