18 U.S.C. § 1151 — Indian country defined

Page 344 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1151 Sec. 1158. Counterfeiting Indian Arts and Crafts Board trade mark. 1159. Misrepresentation of Indian produced goods and products. 1160. Property damaged in committing offense. 1161. Application of Indian liquor laws. 1162. State jurisdiction over offenses committed by or against Indians in the Indian country. 1163. Embezzlement and theft from Indian tribal organizations. 1164. Destroying boundary and warning signs. 1165. Hunting, trapping, or fishing on Indian land. 1166. Gambling in Indian country. 1167. Theft from gaming establishments on Indian lands. 1168. Theft by officers or employees of gaming es- tablishments on Indian lands. 1169. Reporting of child abuse. 1170. Illegal trafficking in Native American human remains and cultural items. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, title VI, § 604(b)(26), Oct. 11, 1996, 110 Stat. 3508, directed that item 1169 be transferred to appear after item 1168. Pub. L. 104–294, title VI, § 604(b)(25), Oct. 11, 1996, 110 Stat. 3508, amended directory language of Pub. L. 103–322, § 330011(d), which amended Pub. L. 101–630, § 404(a)(2). See 1990 Amendment note below. 1994—Pub. L. 103–322, title XXXIII, § 330010(5), Sept. 13, 1994, 108 Stat. 2143, substituted ‘‘Illegal trafficking in Native American human remains and cultural items’’ for ‘‘Illegal Trafficking in Native American Human Re- mains and Cultural Items’’ in item 1170. 1990—Pub. L. 101–647, title XXXV, § 3536, Nov. 29, 1990, 104 Stat. 4925, struck out item 1157 ‘‘Livestock sold or removed’’. Pub. L. 101–644, title I, § 104(b), Nov. 29, 1990, 104 Stat. 4663, substituted ‘‘Misrepresentation of Indian produced goods and products’’ for ‘‘Misrepresentation in sale of products’’ in item 1159. Pub. L. 101–630, title IV, § 404(a)(2), Nov. 28, 1990, 104 Stat. 4548, as amended, effective on the date section 404(a)(2) of Pub. L. 101–630 took effect, by Pub. L. 103–322, title XXXIII, § 330011(d), Sept. 13, 1994, 108 Stat. 2144, as amended by Pub. L. 104–294, title VI, § 604(b)(25), Oct. 11, 1996, 110 Stat. 3508, added item 1169. Pub. L. 101–601, § 4(b), Nov. 16, 1990, 104 Stat. 3052, added item 1170. 1988—Pub. L. 100–497, § 24, Oct. 17, 1988, 102 Stat. 2488, added items 1166, 1167, and 1168. 1960—Pub. L. 86–634, § 3, July 12, 1960, 74 Stat. 469, added items 1164 and 1165. 1956—Act Aug. 1, 1956, ch. 822, § 1, 70 Stat. 792, added item 1163. 1953—Act Aug. 15, 1953, ch. 502, § 1, 67 Stat. 586, added item 1161. Act Aug. 15, 1953, ch. 505, § 1, 67 Stat. 588, added item 1162. § 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 com- munities within the borders of the United States whether within the original or subsequently ac- quired 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 run- ning 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 punish- able 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 appli- cable 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 coun- try’’ 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 pro- vided in sections 1154 and 1156 of this title’’, incor- porates in this section the limitations of the term ‘‘In- dian country’’ which are added to sections 1154 and 1156 by sections 27 and 28 of this bill. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, incorporated the limitations of term ‘‘Indian country’’ which are contained in sec- tions 1154 and 1156 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–297, § 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’.’’ § 1152. Laws governing Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country. This section shall not extend to offenses com- mitted by one Indian against the person or prop-