[AR00002198.] The Madera Site is Indian country as defined in 18 U.S.C. § 1151. Despite that section 1151(a) does not refer to trust land, the Supreme Court has held that Indian trust land is considered Indian country under that section.

15 U.S.C. § 375(11). ‘Indian Country’ is defined as including “all land within the limits of any Indian reservation under the jurisdiction of the United States Government [.]” 15 U.S.C. § 375(7); 18 U.S.C. § 1151.” Mountain Tobacco Co., 2016 WL 3962992, at *8

The Supreme Court has repeatedly held that Indian tribes have no right to distribute untaxed cigarettes to non-tribal members. In Colville, in Indian country as defined under 18 U.S.C. § 1151, the Court held that the State of Washington properly seized unstamped cigarettes destined for Native American reservations. 447 U.S. at 161.

“‘Indian country’. . . means . . . (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.” 18 U.S.C. § 1151. Although Congress enacted Section 1151 as a guide to federal criminal jurisdiction, the Supreme Court has applied its definition of Indian country to questions of federal civil jurisdiction and tribal jurisdiction.

/4 Case 1:08-cv-00317-RWR Document 14-2 Filed 05/28/2008 Page 8 of 39 extinguished, including rights-of-way running through the same.” 18 U.S.C. § 1151. Although Congress enacted Section 1151 as a guide to federal criminal jurisdiction, the Supreme Court has applied this definition to questions of federal civil jurisdiction and tribal jurisdiction.

“‘Indian Country’. . . means . . . (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.” 18 U.S.C. § 1151(c). Although Congress enacted Section 1151 as a guide to federal criminal jurisdiction, the Supreme 3 land into trust or restricted fee.

707 through 300.716, the following definitions apply: (1) Reservation means Indian Country as defined in 18 U.S.C. 1151. (2) Tribal governing body has the definition given that term in 25 U.S.C. 2021(19).