25 CFR 11.100 - Listing of Courts of Indian Offenses

Bureau of Indian Affairs, Interior

§ 11.100

11.1101 Warrant.
11.1102 Custody.
11.1103 Law enforcement officer’s duties.
11.1104 Shelter care.
11.1105 Preliminary inquiry.
11.1106 Investigation by the presenting officer.
11.1107 Petition.
11.1108 Date of hearing.
11.1109 Summons.
11.1110 Minor-in-need-of-care adjudicatory
hearing.
11.1111 Minor-in-need-of-care dispositional
hearing.
11.1112 Dispositional alternatives.
11.1113 Modification of dispositional order.
11.1114 Termination.
11.1115 Information collection.

(vii) Delaware Tribe of Western Oklahoma
(viii) Fort Sill Apache Tribe of Oklahoma
(ix) Iowa Tribe of Oklahoma
(x) Kaw Tribe of Oklahoma
(xi) Kickapoo Tribe of Oklahoma
(xii) Kiowa Tribe of Oklahoma
(xiii) Otoe-Missouria Tribe of Oklahoma
(xiv) Pawnee Tribe of Oklahoma
(xv) Ponca Tribe of Oklahoma
(xvi) Tonkawa Tribe of Oklahoma
(xvii) Wichita and Affiliated Tribes of
Oklahoma.
(10) Hoopa Valley Tribe, Yurok Tribe,
and Coast Indian Community of California (California Jurisdiction limited
to special fishing regulations).
(11)
Louisiana
Area
(includes
Coushatta and other tribes in the State
of Louisiana which occupy Indian
country and which accept the application of this part);
Provided that this part shall not apply
to any Louisiana tribe other than the
Coushatta Tribe until notice of such
application has been published in the
FEDERAL REGISTER.
(12) For the following tribes located
in the former Indian Territory (Oklahoma):
(i) Chickasaw Nation
(ii) Choctaw Nation
(iii) Thlopthlocco Tribal Town
(iv) Seminole Nation
(v) Eastern Shawnee Tribe
(vi) Miami Tribe
(vii) Modoc Tribe
(viii) Ottawa Tribe
(ix) Peoria Tribe
(x) Quapaw Tribe
(xi) Wyandotte Tribe
(xii) Seneca-Cayuga Tribe
(xiii) Osage Tribe.
(13) Ute Mountain Ute Tribe (Colorado).
(14) Santa Fe Indian School Property,
including the Santa Fe Indian Health
Hospital, and the Albuquerque Indian
School Property (land held in trust for
the 19 Pueblos of New Mexico).
(15) Winnemucca Indian Tribe (land
in trust for the Winnemucca Indian
Tribe of Nevada).
(b) It is the purpose of the regulations in this part to provide adequate
machinery for the administration of
justice for Indian tribes in those areas

AUTHORITY: 5 U.S.C. 301; R.S. 463, 25 U.S.C.
2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C.
13; 38 Stat. 586, 25 U.S.C. 200.
SOURCE: 58 FR 54411, Oct. 21, 1993, unless
otherwise noted.

Subpart A—Application;
Jurisdiction

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§ 11.100 Listing of Courts of Indian Offenses.
(a) Except as otherwise provided in
this title, the regulations under this
part are applicable to the Indian country (as defined in 18 U.S.C. 1151) occupied by the following tribes:
(1) Red Lake Band of Chippewa Indians (Minnesota).
(2) Confederated Tribes of the
Goshute Reservation (Nevada).
(3) Lovelock Paiute Tribe (Nevada).
(4) Te-Moak Band of Western Shoshone Indians (Nevada).
(5) Yomba Shoshone Tribe (Nevada).
(6) Kootenai Tribe (Idaho).
(7) Shoalwater Bay Tribe (Washington).
(8) Eastern Band of Cherokee Indians
(North Carolina).
(9) For the following tribes located in
the former Oklahoma Territory (Oklahoma):
(i) Absentee Shawnee Tribe of Indians of Oklahoma
(ii) Apache Tribe of Oklahoma
(iii) Caddo Tribe of Oklahoma
(iv) Cheyenne-Arapaho Tribe of Oklahoma
(v) Citizen Band of Potawatomi Indians of Oklahoma
(vi) Comanche Tribe of Oklahoma
(except Comanche Children’s Court)

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§ 11.101

25 CFR Ch. I (4–1–08 Edition)

of Indian country where tribes retain
jurisdiction over Indians that is exclusive of state jurisdiction but where
tribal courts have not been established
to exercise that jurisdiction.
(c) The regulations in this part shall
continue to apply to tribes listed under
§ 11.100(a) until a law and order code
which includes the establishment of a
court system has been adopted by the
tribe in accordance with its constitution and by-laws or other governing
documents, has become effective, and
the Assistant Secretary—Indian Affairs
or his or her designee has received a
valid tribal enactment identifying the
effective date of the code’s implementation, and the name of the tribe has
been deleted from the listing of Courts
of Indian Offenses under § 11.100(a).
(d) For the purposes of the enforcement of the regulations in this part, an
Indian is defined as a person who is a
member of an Indian tribe which is recognized by the Federal Government as
eligible for services from the BIA, and
any other individual who is an ‘‘Indian’’ for purposes of 18 U.S.C. 1152–
1153.
(e) The governing body of each tribe
occupying the Indian country over
which a Court of Indian Offenses has
jurisdiction may enact ordinances
which, when approved by the Assistant
Secretary—Indian Affairs or his or her
designee, shall be enforceable in the
Court of Indian Offenses having jurisdiction over the Indian country occupied by that tribe, and shall supersede
any conflicting regulation in this part.
(f) Each Court of Indian Offenses
shall apply the customs of the tribe occupying the Indian country over which
it has jurisdiction to the extent that
they are consistent with the regulations of this part.

shall be determined in accordance with
the regulations in effect at the time
the cause arose.
§ 11.102 Criminal jurisdiction; limitation of actions.
(a) Except as otherwise provided in
this title, each Court of Indian Offenses
shall have jurisdiction over any action
by an Indian (hereafter referred to as
person) that is made a criminal offense
under this part and that occurred within the Indian country subject to the
court’s jurisdiction.
(b) No person shall be prosecuted,
tried or punished for any offense unless
the complaint is filed within five years
after such offense shall have been committed.
§ 11.103 Civil jurisdiction; limitation of
actions.
(a) Except as otherwise provided in
this title, each Court of Indian Offenses
shall have jurisdiction over any civil
action arising within the territorial jurisdiction of the court in which the defendant is an Indian, and of all other
suits between Indians and non-Indians
which are brought before the court by
stipulation of the parties.
(b) Any civil action commenced in a
Court of Indian Offenses shall be barred
unless the complaint is filed within
three years after the right of action
first accrues.
§ 11.104

(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.

[58 FR 54411, Oct. 21, 1993, as amended at 59
FR 48722, Sept. 22, 1994; 61 FR 10674, Mar. 15,
1996; 66 FR 22121, May 3, 2001; 66 FR 48087,
Sept. 18, 2001; 67 FR 44355, July 2, 2002; 67 FR
59783, Sept. 24, 2002; 68 FR 44616, July 30, 2003;
69 FR 51559, Aug. 20, 2004; 70 FR 15761, Mar.
29, 2005]

§ 11.101 Prospective application of regulations.
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Jurisdictional limitations.

Civil and criminal causes of actions
arising prior to the effective date of
these regulations shall not abate but

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