Ponca Tribe of Nebraska Tribal Code
CHAPTER 4 JURISDICTION
Section 1-4-1. Territorial Jurisdiction
Section 1-4-2. Personal Jurisdiction
Section 1-4-3. General Subject Matter Jurisdiction-
Section 1-4-4. Concurrent Jurisdiction
Section 1-4-5. Exclusive Original Jurisdiction
The general jurisdiction of the Tribal Court and the effective area of this Code shall be all territory of the Ponca Tribe of Nebraska, including, but not limited to, those lands and communities defined as Indian Country, by 18 U.S.C. Section 1151, including those lands held in trust by the United States for the benefit of the Tribe and members of the Tribe, and dependent Indian communities; all lands within any service area of the Tribe as defined by Public Law 101-484 and any amendments thereto and all lands within the territory to which the Ponca Tribe of Nebraska and its members retain aboriginal right, title or interest, and those lands to which right, title or interest is reserved under the Treaty, March 12, 1858, 12 Stat. 997, and created or reserved under the Treaty of March 10, 1865, 14 Stat. 675. As to those lands defined as Indian Country, the Court's jurisdiction shall be over all persons therein. As to lands ceded to the United States, or to which the Tribe retains right, title or interest, the Court retains original, exclusive jurisdiction over members of the Tribe engaged in hunting, fishing, and gathering for subsistence, ceremonial and religious purposes.
Ponca Tribe of Nebraska Code § 1-4-1, PTN Code § 1-4-1
1. As used in these jurisdictional provisions, the word “person” shall include any individual, firm, company, association, or corporation.
2. Subject to any contrary provision, exceptions or limitations contained in either federal law, the tribal Constitution, or as expressly stated elsewhere in this Code, the Court of the Ponca Tribe shall have civil jurisdiction over the following person:
A. Any person residing, located or present within the territorial jurisdiction of the Tribe for any civil cause of action;
B. Any person who transacts, conducts, or performs any business or activity within the territorial jurisdiction of the Tribe, either in person or by an agent or representative, for any cause of action;
C. Any person who commits a tortious act or engages in tortious conduct within the territorial jurisdiction of the Tribe, either in person or by an agent or representative, for any civil cause of action arising from such act or conduct.
3. None of the foregoing bases of jurisdiction is exclusive, and jurisdiction over a person may be established upon any one or more of them as applicable.
Ponca Tribe of Nebraska Code § 1-4-2, PTN Code § 1-4-2
Subject to any contrary provisions, exceptions, or limitations contained in federal law or the Tribal Constitution, the Courts of the Ponca Tribe of Nebraska shall have jurisdiction over all civil causes of action arising within the territorial jurisdiction of the Tribe except the Court shall not assume jurisdiction over any matter which does not involve either the Tribe, its officers, agents, employees, property or enterprises, or a member of the Tribe, or member of a federally recognized tribe, if some other forum exists for the handling of the matter and if the matter is not one in which the rights of the Tribe or its members may be directly or indirectly affected. The Court shall have original jurisdiction over all actions arising under the Constitution, laws, Ordinances, and Treaties of the Tribe.
Ponca Tribe of Nebraska Code § 1-4-3, PTN Code § 1-4-3
The jurisdiction invoked by this Code over any person, cause of action, or subject shall be concurrent with any valid jurisdiction over the same of the courts of the United States, any state, or any political subdivision thereof; provided, however, this Code does not recognize, grant, or cede jurisdiction to any political or government entity in which jurisdiction does not otherwise exist in law.
Ponca Tribe of Nebraska Code § 1-4-4, PTN Code § 1-4-4
The Courts of the Ponca Tribe of Nebraska shall have exclusive original and appellate jurisdiction in all matters in which the Ponca Tribe, any governmental subdivision, whether governmental or commercial in nature, or its officers or employees are parties in their official capacities. Nothing contained in the preceding paragraph or elsewhere in this Code shall be construed as a waiver of the sovereign immunity of the Tribe or its officers or enterprises unless specifically denominated as such.
Ponca Tribe of Nebraska Code § 1-4-5, PTN Code § 1-4-5