Originally, Indian tribes exercised sovereign authority over their territory and the all people within it, including non-Indians. However, Indian tribes lost some of that authority by "ceding their lands to the United States and announcing their dependence on the Federal Government." "Indian tribes are prohibited from exercising both those powers of autonomous states that are expressly terminated by Congress and those powers inconsistent with their status ." Express termination of a tribe's sovereign authority may be found in treaties and statutes. As to sovereign authority lost by virtue of the tribes' status, the Supreme Court has explained, "[t]he areas in which such implicit divestiture of sovereignty has been held to have occurred are those involving the relations between an Indian tribe and nonmembers of the tribe." By virtue of their "dependent status," therefore, tribes have lost the sovereign authority to determine their relations with nonmembers. Accordingly, in Oliphant v. Suquamish , the Supreme Court held that Indian tribes do not have inherent sovereign authority to try non-Indian criminal defendants, and in Montana v. United States, the Supreme Court announced the general rule for civil jurisdiction that "the inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe." Immediately after announcing this rule for civil jurisdiction in Montana , however, the Court identified two exceptions, known as the Montana exceptions: To be sure, Indian tribes retain inherent sovereign power to exercise some forms of civil jurisdiction over non-Indians on their reservations, even on non-Indian fee lands. A tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements. A tribe may also retain inherent power to exercise civil authority over the conduct of non-Indians on fee land within its reservation when that conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe. In order to fit within one of these exceptions, nonmember conduct must somehow impinge on a tribe's inherent authority to govern itself and its members. The Supreme Court has identified the tribes' right as landowners to exclude nonmembers from tribal land as one of the bases for upholding tribal taxes against nonmembers' activities on tribal land. It is unclear, however whether the power to exclude is independent of the Montana exceptions. Tribes may also exercise jurisdiction over nonmembers when Congress authorizes them to do so. Congress has provided for tribal authority over nonmembers related to the sale of alcohol on reservations, enforcement of tribal hunting and fishing ordinances on reservations, and enforcement of certain environmental statutes. Although tribal jurisdiction over nonmembers is fairly limited, if a nonmember defendant in tribal court believes the court lacks jurisdiction, he or she must first challenge the jurisdiction in tribal court. Only after exhausting the tribal court remedies may the nonmember get relief in federal court. In most cases, tribal criminal jurisdiction over non-Indian offenders is clear—as a general rule, Indian tribes do not have it. However, there is an exception for non-Indians who commit domestic and dating violence against tribal members or Indians residing within the tribes' jurisdiction, provided the defendants have certain ties to the tribes and the tribes provide defendant with rights that are not required in other tribal court criminal proceedings. Tribal criminal jurisdiction over nonmember Indians is more difficult to discern. Such jurisdiction depends on whether the nonmember Indian is recognized as an Indian by the federal government or the tribal community. This determination turns on factors such as enrollment in a tribe; the degree to which the nonmember Indian has received federal services and benefits for Indians; benefited from tribal rights or services; and participated in tribal ceremonies and social life. In Oliphant v. Suquamish Indian Tribe , the Court held that tribes lack inherent sovereign authority over non-Indian offenders. The Court first analyzed the history of criminal jurisdiction over non-Indians within Indian country through treaty provisions, executive branch activities and opinions, and lower court opinions, and concluded that historically the legislative and executive branches and lower courts presumed that Indian tribes did not have authority over non-Indians who committed offenses within Indian country. Although the Court wrote that this history was not "conclusive," it determined that it "carries considerable weight." Accordingly, the Court read the Suquamish Tribe's (Tribe's) treaty with the United States in light of the historical presumption against tribal jurisdiction over non-Indian offenders. The Court acknowledged that on its own, the treaty probably would not divest the Tribe of criminal jurisdiction over non-Indian offenders if it otherwise retained that authority. However, the Court determined that Tribe did not retain the authority to try non-Indian offenders. The Court cited two reasons to support its determination that Indian tribes did not possess the inherent authority to try non-Indian offenders. First, the Court wrote, "Indian tribes are prohibited from exercising those powers of autonomous states that are expressly terminated by Congress and those powers inconsistent with their status ." The Court identified some of the restrictions imposed on the tribes' sovereignty by virtue of their incorporation into the United States as loss of "the tribes' power to transfer lands [and] exercise external political sovereignty." In addition, quoting Justice Johnson's opinion from the first Indian case to reach the Supreme Court, the Court wrote, "'[T]he restrictions upon the soil in the Indians, amount … to an exclusion of all competitors [to the United States] from their markets; and the limitation upon their sovereignty amounts to the right of governing every person within their limits except themselves .'" Noting that protection of its territory within its boundaries is "central" to the sovereign interests of the United States, the Court wrote that "the United States has manifested an equally great solicitude that its citizens be protected by the United States from unwarranted intrusions on their personal liberty." The power to try and punish individuals "is an important manifestation of the power to restrict personal liberty." The Court concluded, "By submitting to the overriding sovereignty of the United States, Indian tribes therefore necessarily give up their power to try non-Indian citizens of the United States except in a manner acceptable to Congress." The second reason the Court gave for determining that Indian tribes did not retain inherent authority to try non-Indian offenders was related to the Court's precedent. In Ex Parte Crow Dog , the Supreme Court held that federal courts lacked jurisdiction to try an Indian who had committed an offense against another Indian on reservation land. In that case, the Court looked to the "nature and circumstances of the case" and concluded that the United States was seeking to extend law, by argument and inference only, … over aliens and strangers; over the members of a community separated by race [and] tradition, … from the authority and power which seeks to impose upon them the restraints of an external and unknown code …; which judges them by a standard made by others and not for them…. It tries them, not by their peers, nor by the customs of their people, nor the law of their land, by … a different race, according to the law of a social state of which they have an imperfect conception…. The Court wrote that the same considerations applied to subjecting non-Indian offenders to the laws of Indian tribes and contradicted the notion that, although the tribes are "fully subordinated to the sovereignty of the United States, [they] retain the power to try non-Indians according to their own customs and procedures." Although the Court recognized that some Indian judicial systems had become "increasingly sophisticated" and in many respects resemble state court systems; that the Indian Civil Rights Act had extended certain basic procedural rights to anyone tried in tribal court so that many of the dangers for non-Indians that existed a few decades ago have disappeared; and that there is a prevalence of non-Indian crime on Indian reservations, the Court wrote that those factors should be addressed to Congress for it to "weigh in deciding whether Indian tribes should finally be authorized to try non-Indians." In 2013, Congress authorized Indian tribes to exercise criminal jurisdiction over non-Indians who commit domestic or dating violence crimes against Indians within the tribes' jurisdictions in certain circumstances. Congress amended the Indian Civil Rights Act (ICRA) by adding Section 1304, which declares that a tribe's "powers of self-government … include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special domestic violence criminal jurisdiction over all persons." Section 1304 simply defines special domestic violence criminal jurisdiction to mean "the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise." Section 1304 gives all tribes the option of prosecuting non-Indians for domestic and dating violence crimes under special domestic violence criminal jurisdiction. A tribe may not exercise special domestic violence criminal jurisdiction over a defendant if both the victim and the perpetrator are non-Indians. Furthermore, it is the tribes' burden to establish as an element of the offense that the defendant has at least one of the following ties to the tribe: resides in the Indian country of the tribe; is employed in the Indian country of the tribe; or is a spouse or intimate or dating partner of a member of the tribe or an Indian who resides in the Indian country of the tribe. In addition, in order to exercise special domestic violence criminal jurisdiction a tribe must provide defendants: all the rights required by the Indian Civil Rights Act; an attorney for indigent defendants facing any term of imprisonment; the right to a jury drawn from a sources representing a fair cross section of the community and that does not "systemically exclude any distinctive group in the community, including non-Indians"; and "all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant."