C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—LAW AND ORDER › PART 11—COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE › Subpart A—Application; Jurisdiction

25 C.F.R. § 11.104

When does this part apply?

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(a) The regulations in this part continue to apply to each area in Indian Country listed in accordance with § 11.100 until either:

(1) BIA and the tribe enter into a contract or compact for the tribe to provide judicial services; or

(2) The tribe has put into effect a law-and-order code that establishes a court system and that meets the requirements of paragraph (b) of this section.

(b) When a tribe adopts a legal code and establishes a judicial system, the tribe must notify the Assistant Secretary—Indian Affairs or his or her designee. The law-and-order code must be adopted by the tribe in accordance with its constitution and by-laws or other governing documents.

[73 FR 39859, July 11, 2008, as amended at 85 FR 646, Jan. 7, 2020]
Notes of Decisions
Cited in 9 cases (6 in the last 5 years), 1995–2025 · leading case: Denezpi v. United States, 596 U.S. 591 (2022).
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Denezpi v. United States, 596 U.S. 591 (2022). “See 25 CFR §11.104 (2021). But some tribes, often due to resource con- straints, have not.”
Calvello v. Yankton Sioux Tribe, 1998 S.D. 107, 584 N.W.2d 108. · cites it 2× “[6] The Tribe may have consented to suit in the tribal court forum under 25 C.F.R. § 11.104 (b)(requiring tribes with a CFR court to pass a resolution permitting the tribe to be sued in that court).”
Whiteco Metrocom Div. of Whiteco Indus., Inc. v. Yankton Sioux Tribe, 902 F. Supp. 199 (D.S.D. 1995). “Plaintiff bases its second argument for federal jurisdiction on 25 C.F.R. § 11.104 (b). National Farmers Union Ins.”
Cohen v. Winkleman, 428 F. Supp. 2d 1184 (W.D. Okla. 2006). “25 C.F.R. § 11.104 (e) provides: "A tribe may not be sued in a Court of Indian Offenses unless its tribal governing body explicitly *1188 waives its tribal immunity by tribal resolution or ordinance.”
Ellawendy v. Ferrera, No. 5:20-cv-07757 (N.D. Cal. Oct. 1, 2021). “See 25 C.F.R. § 11.104 24 (“The regulations in this part continue to apply to each area in Indian Country .”
Channing v. Seneca-Cayuga Nation, No. 4:23-cv-00458 (N.D. Okla. Sept. 23, 2024). “Indeed, the 2008 Standing Bear opinion cited by Plaintiffs stated that persons aggrieved by the original 2008 resolutions could file an action in the 10 A similar provision is now found at 25 C.F.R. § 11.104 (a)(2). CFR Court.11 (ECF No.”
Maurice v. United States Pat. & Trademark Off., No. 5:21-cv-00681 (W.D. Tex. Nov. 17, 2021). “; 25 C.F.R. § 11.104 (“The regulations in this part continue to apply to each area in Indian Country listed in accordance with § 11.”
Maurice v. United States Pat. & Trademark Off., No. 5:21-cv-00681 (W.D. Tex. Mar. 23, 2022). “; 25 C.F.R. § 11.104 (“The regulations in this part continue to apply to each area in Indian Country listed in accordance with § 11.”
Hunter v. Alan Gold's Discotheque, No. 1:24-cv-00353 (E.D. Tenn. July 18, 2025). “2024) (“Dismissal with prejudice is appropriate when the complaint could not be saved by an amendment.”
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