25 U.S.C. § 1301
Section 1301 · Definitions
This is § 201 of the Indian Civil Rights Act of 1968
Amended 2 times on record
Applied in 219 court decisions — leading case National Farmers Union Insurance Companies 27 v. Crow Tribe of Indians (1985)
Most recently applied in 2025 OK AG 19 - Questions Submitted by The Honorable Chris Kannady, Oklahoma House of Representatives, District 91 (December 2025)
Applied most in the Ninth Circuit Circuit (32 decisions)
Cases citing this section usually also cite 25 U.S.C. § 1302 · 18 U.S.C. § 1153 · 25 U.S.C. § 1303
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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).
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
Section 8077(d) of Pub. L. 101–511, 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”.