Public Law 119-73 (01/23/2026)

25 U.S.C. § 1301

Definitions

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.

Pub. L. 90–284, title II, § 20182 Stat. 77Pub. L. 101–511, title VIII, § 8077(b)104 Stat. 1892(, , ; , (c), , .)

Editorial Notes

Amendments

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

Pub. L. 101–511, § 8077(c)Par. (4). , added par. (4).

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 90–284Title II of , 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)104 Stat. 1893Pub. L. 102–124, § 1105 Stat. 616Pub. L. 102–137105 Stat. 646Pub. L. 102–172, title VIII, § 8112A(b)105 Stat. 1202section 8077(d) of Pub. L. 101–511, , , as amended by , , , 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affect the criminal misdemeanor jurisdiction of tribal courts over non-member Indians have no effect after , was repealed by , , . Subsequent to repeal, , , , purported to amend by substituting “1993” for “1991”.