Indian Country
18 U.S.C.A. Section 1151 provides:
"[T]he 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."
The federal government under early law, had shared or concurrent jurisdiction with the tribe within the geographical area designated as "Indian Country" and State jurisdiction was excluded. Generally, the federal portion of subject matter jurisdiction as applied to this geographical area covered non-Indians and serious crimes, and tribal jurisdiction covered Indians and less serious crimes or civil matters concerning Indians where Indian interests are involved.
Congress passed a specific body of criminal law to apply to the limited areas where the federal government had exclusive legislative jurisdiction and state law did not apply. In 1817, the Federal Enclaves Act, 18 U.S.C.A. Section 1152 imported into Indian Country this entire body of criminal law which is applicable in areas under exclusive federal jurisdiction:
"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 committed by one Indian against the person or property of another Indian, not to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively."
In 1825, the Assimilative Crimes Act, 18 U.S.C.A. Section 13, through action of the Enclaves Act, in effect, borrowed state criminal law and applied it through federal law to areas under "exclusive" federal legislative jurisdiction:
"Whoever within [the special maritime and territorial jurisdiction of the United States] is guilty of any act or omission which, although not made punishable by an enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment." (See Williams v. United States, 327 U.S. 711; 1946)
(Note: in California the preceding has been preempted by Public Law 280.)
Aside from Public Law 280, the tests that are generally used to define the jurisdictional lines between federal, tribal and state jurisdiction are the rule established under Williams v. Lee and the preemption test as ruled under McClanahan v. Arizona State Tax Commn. and New Mexico v. Mescalero Apache Tribe.
In Williams v. Lee 358 U.S. 217; 1959, the court declared that absent governing acts of Congress, the state may not exercise jurisdiction if it would interfere with the "right of reservation Indians to make their own laws and be ruled by them."
The Williams rule, however, is subordinated to the preemption test as ruled under McClanahan v. Arizona State Tax Commn. 411 U.S. 164, 172; 1973. The McClanahan case established that it is to be presumed that state law applies unless federal law or policy excludes it. As stated in New Mexico v. Mescalero Apache Tribe, 462 U.S. 324, 334 (1983):
"State jurisdiction is pre-empted by the operation of federal law if it interferes or is incompatible with federal and tribal interests reflected in federal law, unless the state interests at stake are sufficient to justify the assertion of state authority."
PUBLIC LAW 280 - CALIFORNIA STATE JURISDICTION BY STATUTE IN "INDIAN COUNTRY"
Public Law 280 (67 Stat. 588 - 1953; as amended 18 U.S.C.A. Sections 1161-62; 25 U.S.C.A. Sections 1321-22, 28 U.S.C.A. Section 1360,) extended California State civil and criminal jurisdiction into Indian Country. Consent of the tribes was and is not required.
Prior to Public Law 280, Federal criminal law under the Federal Enclaves Act 18 U.S.C.A. Section 1152 and the Major Crimes Act applied to Indians in Indian Country. Within Indian Country, tribal jurisdiction over non-major and victimless crimes involving only Indians was exclusive. Jurisdiction over non-major crimes involving Indians and non-Indians was coextensive or shared with the federal government. P.L. 280 established that the State of California had jurisdiction over offenses committed by or against Indians in Indian country to the same extent as elsewhere within the State. (State criminal laws have the same force and effect within Indian country as elsewhere.)
At 28 U.S.C.A. Section 1360(a), the Law also granted civil jurisdiction to California over Indian Country as follows:
"[California]...shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the area of Indian country...to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country as they have elsewhere within the State..."
At 28 U.S.C.A. Section 1360(b), however, the Law expressly provided that nothing in the grant should confer jurisdiction on the states "to adjudicate, in probate proceedings or otherwise, the ownership or right of possession of [trust] property or any interest therein."
The same section states:
"Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto..."
