§ 1151. — Indian country defined.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1151]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1151. Indian country defined
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, Sec. 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.
Secs. 2142, 2143, 2144, 2145, 2146; Feb. 18, 1875, ch. 80, Sec. 1, 18
Stat. 318; Mar. 4, 1909, ch. 321, Secs. 328, 329, 35 Stat. 1151; Mar. 3,
1911, ch. 231, Sec. 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. Secs. 2145, 2146 (U.S.C., title 25, Secs. 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161, Sec. 1, 4, Stat. 729, which was later repealed.)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.
Amendments
1949--Act May 24, 1949, incorporated the limitations of term
``Indian country'' which are contained in sections 1154 and 1156 of this
title.
Short Title of 1976 Amendment
Pub. L. 94-297, Sec. 1, May 29, 1976, 90 Stat. 585, provided: ``That
this Act [amending sections 113, 1153, and 3242 of this title] may be
cited as the `Indian Crimes Act of 1976'.''
Section Referred to in Other Sections
This section is referred to in sections 1164, 1460, 2252, 2252A,
2266, 3559, 3598, 5032 of this title; title 15 sections 632, 1175, 1243,
1245; title 16 sections 3371, 3377; title 25 sections 1616e-1, 1777d,
1903, 2801, 3202, 3653, 4302; title 28 section 1738B; title 33 sections
1377, 2269; title 42 sections 608, 654, 3796gg-2, 10101; title 49
section 40128.
