---
kind: "section"
citation: "25 C.F.R. § 11.118"
title: "25"
number: "11.118"
heading: "What are the jurisdictional limitations of the Court of Indian Offenses?"
url: "https://uscodex.org/cfr/25/11.118"
---

# §11.118. What are the jurisdictional limitations of the Court of Indian Offenses?

- (a) A Court of Indian Offenses may exercise over a Federal or State official only the same jurisdiction that it could exercise if it were a tribal court. The jurisdiction of Courts of Indian Offenses does not extend to Federal or State employees acting within the scope of their employment.
- (b) A Court of Indian Offenses may not adjudicate an election dispute, take jurisdiction over a suit against a tribe, or adjudicate any internal tribal government dispute, unless the relevant tribal governing body passes a resolution, ordinance, or referendum granting the court jurisdiction.
- (c) In deciding who is a tribal official, BIA will give deference to a decision of the Court of Indian Offenses, acting as a tribal forum by resolution or ordinance of a tribal governing body under [paragraph (b)](#b) of this section.
- (d) 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.

## Notes

### Source

Source: 73 FR 39859, July 11, 2008, unless otherwise noted.

### Authority

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

Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.