25 U.S.C. § 1301 — Definitions
submitted 58 years ago by Pub. L. 90-284 to r/title-25-INDIANS · 148 words · no verdicts yet
This section defines “Indian tribe,” “powers of self-government,” “Indian court,” and “Indian.” The definitions include recognized governmental powers and the criminal jurisdiction described in the section.
For this subchapter—
(1) “Indian tribe*” means a tribe, band, or other group of Indians under United States jurisdiction and recognized as having powers of self-government.
(2) “Powers of self-government” means all governmental powers an Indian tribe has—executive, legislative, and judicial—and all offices, bodies, and tribunals through which those powers are carried out, including courts of Indian offenses. The term also means the inherent power of Indian tribes, recognized and affirmed here, to exercise criminal jurisdiction over all Indians.
(3) “Indian court” means an Indian tribal court or a court of Indian offense.
(4) “Indian” means a person who would be under United States jurisdiction as an Indian under section 1153 of title 18 if that person committed an offense listed in that section in Indian country to which that section applies.
For purposes of this subchapter, the term—
“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;
“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;
“Indian court” means any Indian tribal court or court of Indian offense; and
“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.
Source credit: (Pub. L. 90–284, title II, § 201, Apr. 11, 1968, 82 Stat. 77; Pub. L. 101–511, title VIII, § 8077(b), (c), Nov. 5, 1990, 104 Stat. 1892.)
- 1968Enacted · Pub. L. 90-284 · 82 Stat. 77
- 1990Amended · Pub. L. 101-511 · 104 Stat. 1892
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-284 on 1968-04-11.
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