Title: 
Headings: Tribal Jurisdiction over Nonmembers: A Legal Overview
Tribal
 
Jurisdiction
 
over
 
Nonmembers:
 
A
 
Legal
 
Overview
 

Jane
 
M.
 
Smith
 

November
 
26,
 
2013
 

Congressional
 
Research
 
Service
 

Summary
 

Introduction
 

Criminal
 
Jurisdiction
 

Over
 
Non-Indians
 

Over
 
Nonmember
 
Indians
 

Civil
 
Jurisdiction
 

The
 
Montana
 
Exceptions
 

Consensual
 
Relationships
 

The
 
Consensual
 
Relationship
 
Must
 
Be
 
Related
 
to
 
the
 
Non-Indian
 
Conduct
 
at
 
Issue
 

The
 
Consensual
 
Relationship
 
Must
 
Be
 
Private
 

The
 
Consensual
 
Relationship
 
May
 
Consist
 
of
 
Invoking
 
Tribal
 
Court
 
Jurisdiction
 

Threat
 
to
 
the
 
Tribe’s
 
Integrity
 

The
 
Power
 
to
 
Exclude
 

Statutory
 
Exceptions
 

Nonmembers
 
Must
 
First
 
Challenge
 
Tribal
 
Court
 
Jurisdiction
 
in
 
Tribal
 
Court
 

Conclusion
 

Author
 
Contact
 
Information
 


Content: Tribal
 
criminal
 
jurisdiction
 
over
 
nonmember
 
Indians
 
is
 
more
 
difficult
 
to
 
discern. Such
 
jurisdiction
 
depends
 
on
 
whether
 
the
 
nonmember
 
Indian
 
is
 
recognized
 
as
 
an
 
Indian
 
by
 
the
 
federal
 
government
 
or
 
the
 
tribal
 
community. This
 
determination
 
turns
 
on
 
factors
 
such
 
as
 
enrollment
 
in
 
a
 
tribe; the
 
degree
 
to
 
which
 
the
 
nonmember
 
Indian
 
has
 
received
 
federal
 
services
 
and
 
benefits
 
for
 
Indians; benefited
 
from
 
tribal
 
rights
 
or
 
services; and
 
participated
 
in
 
tribal
 
ceremonies
 
and
 
social
 
life. Over
 
Non-Indians
 
In
 
Oliphant
 
v.
 
Suquamish
 
Indian
 
Tribe,
 
the
 
Court
 
held
 
that
 
tribes
 
lack
 
inherent
 
sovereign
 
authority
 
over
 
non-