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TSTS Definitions
Listed below are several definitions of federal Indian policy terms from the Code of Federal Regulations, 25 CFR Part 151 FIP – Federal Indian Policy
http://www.access.gpo.gov/nara/cfr/waisidx_01/25cfr151_01.html
and from U.S.C. Title 25, Section 1041a
http://caselaw.lp.findlaw.com/casecode/uscodes/25/chapters/14/subchapters/xlix-a/toc.html
and
http://caselaw.lp.findlaw.com/casecode/uscodes/25/chapters/14/subchapters/xlix-a/sections/section
TITLE 25--INDIANS CHAPTER I--BUREAU OF
INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR, PART 151--LAND
ACQUISITIONS Sec. 151.2 Definitions.
(a) "Secretary" means the Secretary of the Interior or authorized representative. (b) "Tribe" means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group of Indians, including the Metlakatla Indian Community of the Annette Island Reserve, which is recognized by the Secretary as eligible for the special programs and services from the Bureau of Indian Affairs. For purposes of acquisitions made under the authority of 25 U.S.C. 488 and 489, or other statutory authority which specifically authorizes trust acquisitions for such corporations, “Tribe'' also means a corporation chartered under section 17 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 477) or section 3 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).
"Individual Indian" means: (1) Any person who is an enrolled member of a tribe; (2) Any person who is a descendent of such a member and said descendant was, on June 1, 1934, physically residing on a federally recognized Indian reservation; (3) Any other person possessing a total of one-half or more degree Indian blood of a tribe;
(4)
For purposes of acquisitions outside of the State of
Alaska,
"Individual
Indian" also means a person who meets the qualifications
of paragraph (c)(1), (2), or (3) of this section where
“Tribe''
includes any Alaska Native Village or Alaska Native Group which is
recognized by the Secretary as eligible for the special programs and
services from the Bureau of Indian Affairs.
"Trust
land" or "land in trust"
status means land the title to which is held in trust by the United
States for an individual Indian or a tribe.
"Restricted
land" or "land in restricted status"
means land the title to which is held by an individual Indian or a
tribe and which can only be alienated or encumbered by the owner with
the approval of the Secretary because of limitations contained in the
conveyance instrument pursuant to Federal law or because of a Federal
law directly imposing such limitations. Unless another definition is
required by the act of Congress authorizing a particular trust
acquisition, Indian reservation means that area of land over which the
tribe is recognized by the United States as having governmental
jurisdiction, except that, in the State of Oklahoma, or where there
has been a final judicial determination that a reservation has been
disestablished or diminished, Indian reservation means that area of
land constituting the former reservation of the tribe as defined by
the Secretary.
"Land"
means real property or any interest therein.
"Tribal
consolidation area" means a specific area of land with
respect to which the tribe has prepared, and the Secretary has
approved, a plan for the acquisition of land in trust status for the
tribe. [45 FR 62036, Sept. 18, 1980, as amended at 60 FR 32879, June
23, 1995]
http://www.access.gpo.gov/nara/cfr/waisidx_01/25cfr151_01.html U.S.C. Title 25, Sec. 1041a.
Definitions:
(4)
Trust land - The term ''trust land'' means land,
the title to which is held by the United States in trust for the
benefit of an Indian tribe or individual. (5) Restricted land - The term ''restricted land'' means any land, the title to which is held in the name of an Indian or Indian tribe subject to restrictions by the United States against alienation. http://caselaw.lp.findlaw.com/casecode/uscodes/25/chapters/14/subchapters/xlix-a/sections/section |