25 CFR 11.118 : Indians (§ 1.1 To Parts 1201-1299) — (§ 1.1 To Appendix To Chapter I) — Bureau Of Indian Affairs, Department Of The Interior (§ 1.1 To Appendix To Chapter I) — Law And Order (§ 10.1 To § 13.16) — Courts Of Indian Offenses And Law And Order Code (§ 11.100 To § 11.1214) — Application; Jurisdiction (§ 11.100 To § 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) 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.