25 USC 2201: Definitions
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25 USC 2201: Definitions Text contains those laws in effect on January 2, 2001
From Title 25-INDIANSCHAPTER 24-INDIAN LAND CONSOLIDATION

§2201. Definitions

For the purpose of this chapter-

(1) "Indian tribe" or "tribe" means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;

(2) "Indian" means any person who is a member of any Indian tribe or is eligible to become a member of any Indian tribe, or any person who has been found to meet the definition of "Indian" under a provision of Federal law if the Secretary determines that using such law's definition of Indian is consistent with the purposes of this chapter;

(3) "Secretary" means the Secretary of the Interior;

(4) "trust or restricted lands" means lands, title to which is held by the United States in trust for an Indian or an Indian tribe or lands title to which is held by Indians or an Indian tribe subject to a restriction by the United States against alienation; and

(5) "heirs of the first or second degree" means parents, children, grandchildren, grandparents, brothers and sisters of a decedent.

( Pub. L. 97–459, title II, §202, Jan. 12, 1983, 96 Stat. 2517 ; Pub. L. 106–462, title I, §103(1), Nov. 7, 2000, 114 Stat. 1992 .)

References in Text

This chapter, referred to in par. (2), was in the original "this Act", which was translated as reading "this title", meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.

Amendments

2000-Par. (1). Pub. L. 106–462, §103(1)(A), substituted "(1)'Indian tribe' or 'tribe' " for "(1) 'tribe' ".

Par. (2). Pub. L. 106–462, §103(1)(B), added par. (2) and struck out former par. (2) which read as follows: " 'Indian' means any person who is a member of a tribe or any person who is recognized as an Indian by the Secretary of the Interior;".

Par. (5). Pub. L. 106–462, §103(1)(C)–(E), added par. (5).

Short Title of 2000 Amendment

Pub. L. 106–462, §1, Nov. 7, 2000, 114 Stat. 1991 , provided that: "This Act [enacting sections 2205, 2206, and 2212 to 2219 of this title, amending this section and sections 348, 372, 373, 464, 2204, and 2207 of this title, repealing sections 331 to 333, 2205, and 2206 of this title, and enacting provisions set out as notes under this section and sections 396 and 2206 of this title] may be cited as the 'Indian Land Consolidation Act Amendments of 2000'."

Short Title of 1991 Amendment

Pub. L. 102–238, §1, Dec. 17, 1991, 105 Stat. 1908 , provided that: "This Act [amending sections 2203, 2703, and 2718 of this title, enacting provisions set out as a note under section 1437f of Title 42, The Public Health and Welfare, and repealing provisions set out as a note under section 1437f of Title 42] may be cited as the 'Technical Amendments to Various Indian Laws Act of 1991'."

Short Title

Section 201 of title II of Pub. L. 97–459 provided that: "This title [enacting this chapter] may be cited as the 'Indian Land Consolidation Act'."

Congressional Findings

Pub. L. 106–462, title I, §101, Nov. 7, 2000, 114 Stat. 1991 , provided that: "Congress finds that-

"(1) in the 1800's and early 1900's, the United States sought to assimilate Indian people into the surrounding non-Indian culture by allotting tribal lands to individual members of Indian tribes;

"(2) as a result of the allotment Acts and related Federal policies, over 90,000,000 acres of land have passed from tribal ownership;

"(3) many trust allotments were taken out of trust status, often without their owner's consent;

"(4) without restrictions on alienation, allotment owners were subject to exploitation and their allotments were often sold or disposed of without any tangible or enduring benefit to their owners;

"(5) the trust periods for trust allotments have been extended indefinitely;

"(6) because of the inheritance provisions in the original treaties or allotment Acts, the ownership of many of the trust allotments that have remained in trust status has become fractionated into hundreds or thousands of undivided interests, many of which represent 2 percent or less of the total interests;

"(7) Congress has authorized the acquisition of lands in trust for individual Indians, and many of those lands have also become fractionated by subsequent inheritance;

"(8) the acquisitions referred to in paragraph (7) continue to be made;

"(9) the fractional interests described in this section often provide little or no return to the beneficial owners of those interests and the administrative costs borne by the United States for those interests are inordinately high;

"(10) in Babbitt v. Youpee (117 S[.] Ct. 727 (1997)), the United States Supreme Court found the application of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) to the facts presented in that case to be unconstitutional, forcing the Department of the Interior to address the status of thousands of undivided interests in trust and restricted lands;

"(11)(A) on February 19, 1999, the Secretary of the Interior issued a Secretarial Order which officially reopened the probate of all estates where an interest in land was ordered to escheat to an Indian tribe pursuant to section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206); and

"(B) the Secretarial Order also directed appropriate officials of the Bureau of Indian Affairs to distribute such interests 'to the rightful heirs and beneficiaries without regard to 25 U.S.C. 2206';

"(12) in the absence of comprehensive remedial legislation, the number of the fractional interests will continue to grow exponentially;

"(13) the problem of the fractionation of Indian lands described in this section is the result of a policy of the Federal Government, cannot be solved by Indian tribes, and requires a solution under Federal law.[;]

"(14) any devise or inheritance of an interest in trust or restricted Indian lands is a matter of Federal law; and

"(15) consistent with the Federal policy of tribal self-determination, the Federal Government should encourage the recognized tribal government that exercises jurisdiction over a reservation to establish a tribal probate code for that reservation."

Declaration of Policy

Pub. L. 106–462, title I, §102, Nov. 7, 2000, 114 Stat. 1992 , provided that: "It is the policy of the United States-

"(1) to prevent the further fractionation of trust allotments made to Indians;

"(2) to consolidate fractional interests and ownership of those interests into usable parcels;

"(3) to consolidate fractional interests in a manner that enhances tribal sovereignty;

"(4) to promote tribal self-sufficiency and self-determination; and

"(5) to reverse the effects of the allotment policy on Indian tribes."

Authorization of Appropriations

Pub. L. 106–462, title I, §105, Nov. 7, 2000, 114 Stat. 2007 , provided that: "There are authorized to be appropriated not to exceed $8,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out the provisions of this title [enacting sections 2205, 2206, and 2212 to 2219 of this title, amending this section and sections 348, 372, 373, 464, 2204, and 2207 of this title, repealing sections 331 to 333, 2205, and 2206 of this title, and enacting provisions set out as notes under this section and section 2206 of this title] (and the amendments made by this title) that are not otherwise funded under the authority provided for in any other provision of Federal law."