25 U.S.C. § 2201 : US Code - Section 2201: Definitions

Search 25 U.S.C. § 2201 : US Code - Section 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 -
(A) any person who is a member of any Indian tribe, is
eligible to become a member of any Indian tribe, or is an owner
(as of October 27, 2004) of a trust or restricted interest in
land;
(B) any person meeting the definition of Indian under the
Indian Reorganization Act (25 U.S.C. 479) and the regulations
promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or
restricted land in the State of California pursuant to section
2206 of this title, any person described in subparagraph (A) or
(B) or any person who owns a trust or restricted interest in a
parcel of such land in that State.(!1)
(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 tribe or
individual, or which is held by an Indian tribe or individual
subject to a restriction by the United States against alienation;
and "trust or restricted interest in land" or "trust or
restricted interest in a parcel of land" means an interest in
land, title to which is held in trust by the United States for an
Indian tribe or individual, or which is held by an Indian tribe
or individual subject to a restriction by the United States
against alienation.(!1)
(5) "heirs of the first or second degree" means parents,
children, grandchildren, grandparents, brothers and sisters of a
decedent.(!1)
(6) "parcel of highly fractionated Indian land" means a parcel
of land that the Secretary, pursuant to authority under a
provision of this chapter, determines to have, as evidenced by
the Secretary's records at the time of the determination -
(A) 50 or more but less than 100 co-owners of undivided trust
or restricted interests, and no 1 of such co-owners holds a
total undivided trust or restricted interest in the parcel that
is greater than 10 percent of the entire undivided ownership of
the parcel; or
(B) 100 or more co-owners of undivided trust or restricted
interests;
(7) "land" means any real property, and includes within its
meaning for purposes of this chapter improvements permanently
affixed to real property;
(8) "person" or "individual" means a natural person;
(9) "eligible heirs" means, for purposes of section 2206 of
this title, any of a decedent's children, grandchildren, great
grandchildren, full siblings, half siblings by blood, and parents
who are -
(A) Indian; or
(B) lineal descendents within 2 degrees of consanguinity of
an Indian; or
(C) owners of a trust or restricted interest in a parcel of
land for purposes of inheriting by descent, renunciation, or
consolidation agreement under section 2206 of this title,
another trust or restricted interest in such parcel from the
decedent; and
(10) "without regard to waste" means, with respect to a life
estate interest in land, that the holder of such estate is
entitled to the receipt of all income, including bonuses and
royalties, from such land to the exclusion of the remaindermen.