Section 1.          Prairie Island Mdewakanton Dakota Community Tribal Court Jurisdiction.

The jurisdiction of the Tribal Court shall extend to:

(a)          The Prairie Island Mdewakanton Dakota Reservation, including all land held in trust by the United States for the Minnesota Mdewakanton Sioux Indians within the confines of the Prairie Island Indian Reservation on May 23, 1936, when the Constitution and Bylaws of the Prairie Island Indian Community were adopted and such other lands as may be or have been acquired within or without said boundary lines by the Department of the Interior or the Community for our use in the State of Minnesota.

(b)          All persons within any geographical area referred to in Subsection (1) above who are subject to the jurisdiction and governmental power of the Tribe, to the extent not prohibited by federal law.

(c)          All members of the Tribe, wherever located, exercising tribal rights pursuant to federal, tribal or state law.

(d)          All persons and property outside the exterior boundaries of the Reservation included within the jurisdiction of the Tribe pursuant to federal or tribal law, including any person who personally or through an agent does any of the following insofar as a cause(s) of action arises from the doing of such act:

(1)            The transaction of business on the Reservation;

(2)            The commission of a tortious act on the Reservation;

(3)            Contracting to insure any person, property or risk located on the Reservation at the time of contracting;

(4)            The act of sexual intercourse on the Reservation with respect to which a child may have been conceived;

(5)            Living in a marital relationship on the Reservation notwithstanding subsequent departure from the Reservation, as to all proceedings authorized by Title 3 of this Code as long as the petitioning party and, if an action under Chapter III of Title 3, has continued to reside on the Reservation.

(e)            (1)            The Courts of the Prairie Island Mdewakanton Dakota Community shall have exclusive original and appellate jurisdiction in all matters in which the Prairie Island Mdewakanton Dakota Community or its officers or employees are parties in their official capacities.

(2)            Nothing contained in the preceding paragraph or elsewhere in this Judicial Code shall be construed as a waiver of the sovereign immunity of the Tribe or its officers or enterprises.  Waivers may only be valid if unequivocally expressed by formal resolution of the Tribal Council.

(f)          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 other political or governmental entity in which jurisdiction does not otherwise exist in law.

Section 2.          No Acceptance of State Jurisdiction.

Nothing in this Code shall be deemed to constitute acceptance of or deference to the jurisdiction of the State of Minnesota over any civil matter, where such jurisdiction does not otherwise exist.

Section 3.          Suits Against the Tribe.

(a)          Sovereign Immunity of Tribe.  The sovereign immunity from suit of the Tribe and every elected Tribal Council member or tribal official with respect to any action taken in an official capacity or in the exercise of the official powers of any such office, in any court, federal, state or tribal is hereby affirmed;  nothing in this Code shall constitute a waiver of the Tribe's sovereign immunity.  The Tribal Court shall have no jurisdiction over any suit brought against the Tribe in the absence of an unequivocally expressed waiver of that immunity by the Tribal Council.

(b)          Tribal Action Not Waiver of Sovereign Immunity.  No enforcement action taken pursuant to this Code, including the filing of an action by the Tribe or any agency of the Tribe in the Tribal Court, shall constitute a waiver of sovereign immunity from suit of the Tribe, or any elected Tribal Council member or tribal official with respect to any action taken in an official capacity, or in the exercise of the official powers of any such office, either as to any counterclaim, regardless of whether the counterclaim arises out of the same transaction or occurrence, or in any other respect.