Indian Country

What is meant by Indian Country?

The definition of Indian Country is set forth by federal law (18 U.S.C. § 1151) as follows:

(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.

In other words, Indian Country is commonly defined as:

  • All land within an Indian reservation.
  • All Indian allotments where the Indian titles have not been extinguished. Indian allotments are parcels of land held in trust by the United States for individual Indians or held by Indians and otherwise subject to a restriction on alienation. That is, there would be a restriction on the Indian owner’s ability to sell or transfer the allotment to another party. Allotments may exist within an Indian reservation, but may also be located outside of any reservation.
    Source: https://www.epa.gov/pesticide-applicator-certification-indian-country/definition-indian-country.
  • All dependent Indian communities within the borders under the jurisdiction of the United States government. A “dependent Indian community” is not an Indian reservation or individual Indian allotment, but must satisfy two basic criteria. First, they must have been set aside by the U.S. Government for the use of Indians as Indian land. Second, they must be under federal superintendence – that is, the federal government must exercise a degree of control or oversight of these lands for Indian purposes.
    Source: https://www.epa.gov/pesticide-applicator-certification-indian-country/definition-indian-country.