Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
June 25, 1948, ch. 64562 Stat. 757May 24, 1949, ch. 139, § 2563 Stat. 94(, ; , .)
Historical and Revision Notes
Act1948
Feb. 18, 1875, ch. 80, § 118 Stat. 318Mar. 4, 1909, ch. 32135 Stat. 1151Mar. 3, 1911, ch. 231, § 29136 Stat. 1167June 28, 1932, ch. 28447 Stat. 337Based on sections 548 and 549 of title 18, and sections 212, 213, 215, 217, 218 of title 25, Indians, U.S. Code, 1940 ed. (R.S. §§ 2142, 2143, 2144, 2145, 2146; , ; , §§ 328, 329, ; , ; , ).
This section consolidates numerous conflicting and inconsistent provisions of law into a concise statement of the applicable law.
R.S. §§ 2145, 2146 (U.S.C., title 25, §§ 217, 218) extended to the Indian country with notable exceptions the criminal laws of the United States applicable to places within the exclusive jurisdiction of the United States. Crimes of Indians against Indians, and crimes punishable by tribal law were excluded.
U.S. v. McBratneyDraper v. U.Sact June 30, 1834, ch. 161, § 1The confusion was not lessened by the cases of , 104 U.S. 622 and ., 17 S.Ct. 107, holding that crimes in Indian country by persons not Indians are not cognizable by Federal courts in absence of reservation or cession of exclusive jurisdiction applicable to places within the exclusive jurisdiction of the United States. Because of numerous statutes applicable only to Indians and prescribing punishment for crimes committed by Indians against Indians, “Indian country” was defined but once. (See , 4, Stat. 729, which was later repealed.)
U.S. v. McGowanU.S. v. SandovalDonnelly v. U.SKills Plenty v. U.Ssection 1153 of this titleDefinition is based on latest construction of the term by the United States Supreme Court in , 58 S.Ct. 286, 302 U.S. 535, following , 34 S.Ct. 1, 5, 231 U.S. 28, 46. (See also ., 33 S.Ct. 449, 228 U.S. 243; and ., 133 F.2d 292, certiorari denied, 1943, 63 S.Ct. 1172). (See reviser’s note under .)
U.S. v. PelicanIndian allotments were included in the definition on authority of the case of , 1913, 34 S.Ct. 396, 232 U.S. 442, 58 L.Ed. 676.
Act1949
section 1151 of title 18This section [section 25], by adding to , U.S.C., the phrase “except as otherwise provided in sections 1154 and 1156 of this title”, incorporates in this section the limitations of the term “Indian country” which are added to sections 1154 and 1156 by sections 27 and 28 of this bill.
Editorial Notes
Amendments
1949—Act , incorporated the limitations of term “Indian country” which are contained in sections 1154 and 1156 of this title.
Statutory Notes and Related Subsidiaries
Short Title of 1976 Amendment
Pub. L. 94–297, § 190 Stat. 585