---
kind: "section"
citation: "25 U.S.C. § 1301"
title: "25"
title_heading: "Indians"
number: "1301"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1301"
units:
  - "Chapter 15 — Constitutional Rights of Indians"
  - "Subchapter I — Generally"
---

# §1301. Definitions


For purposes of this subchapter, the term—

- (1) “Indian tribe” means any tribe, band, or other group of [Indians](#4) subject to the jurisdiction of the United States and recognized as possessing [powers of self-government](#2);
- (2) “powers of self-government” means and includes all governmental powers possessed by an [Indian tribe](#1), executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of [Indian](#4) offenses; and means the inherent power of [Indian tribes](#1), hereby recognized and affirmed, to exercise criminal jurisdiction over all [Indians](#4);
- (3) “Indian court” means any [Indian](#4) tribal court or court of [Indian](#4) offense; and
- (4) “Indian” means any person who would be subject to the jurisdiction of the United States as an Indian under [section 1153](/usc/25/1153.md), [title 18](/usc/18.md), 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.)

## Notes

### Editorial Notes

### Amendments

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

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

### Statutory Notes and Related Subsidiaries

### Short Title

Title II of Pub. L. 90–284, 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), Nov. 5, 1990, 104 Stat. 1893, as amended by Pub. L. 102–124, § 1, Oct. 9, 1991, 105 Stat. 616, 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the criminal misdemeanor jurisdiction of tribal courts over non-member Indians have no effect after Oct. 18, 1991, was repealed by Pub. L. 102–137, Oct. 28, 1991, 105 Stat. 646. Subsequent to repeal, Pub. L. 102–172, title VIII, § 8112A(b), Nov. 26, 1991, 105 Stat. 1202, purported to amend section 8077(d) of Pub. L. 101–511 by substituting “1993” for “1991”.