§ 1151. Indian country defined
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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. 645, 62 Stat. 757; May 24, 1949, ch. 139, § 25, 63 Stat. 94.)
Historical and Revision Notes
1948 Act
Based 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; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 318; Mar. 4, 1909, ch. 321, §§ 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28, 1932, ch. 284, 47 Stat. 337).
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.
The confusion was not lessened by the cases of U.S. v. McBratney, 104 U.S. 622 and Draper v. U.S., 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 (See act June 30, 1834, ch. 161, § 1, 4, Stat. 729, which was later repealed.)
Definition is based on latest construction of the term by the United States Supreme Court in U.S. v. McGowan, 58 S.Ct. 286, 302 U.S. 535, following U.S. v. Sandoval, 34 S.Ct. 1, 5, 231 U.S. 28, 46. (See also Donnelly v. U.S., 33 S.Ct. 449, 228 U.S. 243; and Kills Plenty v. U.S., 133 F.2d 292, certiorari denied, 1943, 63 S.Ct. 1172). (See reviser’s note under section 1153 of this title.)
Indian allotments were included in the definition on authority of the case of U.S. v. Pelican, 1913, 34 S.Ct. 396, 232 U.S. 442, 58 L.Ed. 676.
1949 Act
This section [section 25], by adding to section 1151 of title 18, 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.
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Cited by 1,237 sections · top 60
U.S. Code
- § 1601Congressional findings and declaration of policy
- § 1151Indian country defined
- § 12291Definitions and grant provisions
- § 10101Definitions
- § 3371Definitions
- § 608Prohibitions; requirements
- § 657aHUBZone program
- § 654State plan for child and spousal support
- § 601ESTABLISHMENT OF COMMISSION.
- § 387Definitions
- § 1377Indian tribes
- § 2269Tribal partnership program
- § 4302Definitions
- § 1304Tribal jurisdiction over covered crimes
- § 2801Definitions
- § 1903Definitions
- § 3102Definitions
- § 1154Intoxicants dispensed in Indian country
- § 6945Upgrading of open dumps
- § 40128Overflights of national parks
- § 375Definitions
- § 4301Findings; purposes
- § 410Establishment; acquisition of land
- § 3202Definitions
- § 284Support for counterdrug activities and activities to counter transnational organized crime
- § 1153Offenses committed within Indian country
- § 1245Abandoned hardrock mine reclamation
- § 1301Findings
- § 2266Definitions
- § 543Special attorneys
- § 1442Federal officers or agencies sued or prosecuted
- § 2252Certain activities relating to material involving the sexual exploitation of minors
- § 3377Exceptions
- § 1175Specific jurisdictions within which manufacturing, repairing, selling, possessing, etc., prohibited; exceptions
- § 373bRestricted estate or homestead on the public domain
- § 1460Possession with intent to sell, and sale, of obscene matter on Federal property
- § 3653Definitions
- § 1245Ballistic knives
- § 5702Definitions
- § 1156Intoxicants possessed unlawfully
- § 1738BFull faith and credit for child support orders
- § 1684Emergency plan for Indian safety and health
- § 1164Destroying boundary and warning signs
- § 3598Special provisions for Indian country
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15 references not yet in our index
- June 25, 1948, ch. 645
- 62 Stat. 757
- May 24, 1949, ch. 139, § 25
- 63 Stat. 94
- Feb. 18, 1875, ch. 80, § 1
- 18 Stat. 318
- Mar. 4, 1909, ch. 321
- 35 Stat. 1151
- Mar. 3, 1911, ch. 231, § 291
- 36 Stat. 1167
- June 28, 1932, ch. 284
- 47 Stat. 337
- act June 30, 1834, ch. 161, § 1
- Pub. L. 94–297, § 1
- 90 Stat. 585
Citation graph
cites case law
§ 1151
Indian country defined
Fed. Reg.×1,160
U.S.C.×51
C.F.R.×24
Bills×1
Stat.×1
ActJune 25, 1948, ch. 645
Stat.62 Stat. 757
ActMay 24, 1949, ch. 139, § 25
Stat.63 Stat. 94
ActFeb. 18, 1875, ch. 80, § 1
Cites 17 · showing 7Cited by 1,237 across 5 sources