Indian Law Issue Statements

Federally-recognized Indian tribes are sovereign governments with the inherent right of managing their own affairs. Indian law is governed by federal law and RCW Title 37.

• Indian tribes are subject to the plenary authority of Congress. As a general rule, state courts have no jurisdiction over Indians in Indian country, except to the extent Congress has delegated authority to the states.

• Washington has assumed partial jurisdiction over Indians in Indian country pursuant to the federal Public Law 280.

• Washington has jurisdiction over an Indian outside Indian country or a non-Indian in Indian country unless federal law preempts.

• Federally-recognized Indian tribes are generally immune from lawsuits because they are sovereign entities. A tribe is subject to being sued only to the extent authorized by Congress or to the extent the tribe has waived its immunity.