Constitutional rights

No Indian tribe in exercising powers of self-government shall— A tribal court may subject a defendant to a term of imprisonment greater than 1 year but not to exceed 3 years for any 1 offense, or a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a person accused of a criminal offense who— In a criminal proceeding in which an Indian tribe, in exercising powers of self-government, imposes a total term of imprisonment of more than 1 year on a defendant, the Indian tribe shall— require that the judge presiding over the criminal proceeding— In the case of a defendant sentenced in accordance with subsections (b) and (c), a tribal court may require the defendant— to serve the sentence— In this section, the term “offense” means a violation of a criminal law. Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any criminal violation in Indian country.