(a)
The Tribe exercises Special Tribal Criminal Jurisdiction over non-Indians for acts occurring on Tribal lands pursuant to 25 U.S.C. § 1304 for the criminal conduct included in this Chapter.
(b)
The Tribe will only exercise Special Tribal Criminal Jurisdiction in a criminal proceeding if the alleged offense occurred in the Tribe’s Indian Country. For the purposes of this chapter, the term Indian Country shall mean:
(1)
All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;
(2)
All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state;
(3)
All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same; and
(4)
The Tribe’s historical land base known as the Port Gamble S’Klallam Reservation and all lands now held or hereafter acquired by or for the Tribe that are held in trust for the Tribe by the United States, or as may otherwise be provided under federal law.
(c)
If neither the defendant nor the alleged victim is an Indian, the Tribe will not exercise Special Tribal Criminal Jurisdiction in a criminal proceeding of an alleged offense, other than Assaults of Tribal Justice Personnel or Obstruction of Justice.
(Res. 23-A-019, 1/24/2023)