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![handle is hein.nccusl/nccpubmtpc3788 and id is 1 raw text is: TITLE 25-INDIANS
tribes with expertise in mineral development
both in the initial formulation of rules and regu-
lations and any future revision or amendment of
such rules and regulations. Where there is pend-
ing before the Secretary for his approval a Min-
erals Agreement of the type authorized by sec-
tion 2102 of this title which was submitted prior
to December 22, 1982, the Secretary shall evalu-
ate and approve or disapprove such agreement
based upon section 2103 of this title, but shall
not withhold or delay such approval or dis-
approval on the grounds that the rules and regu-
lations implementing this chapter have not been
promulgated.
(Pub. L. 97-382, § 8, Dec. 22, 1982, 96 Stat. 1940.)
§ 2108. Tribal right to develop mineral resources
Nothing in this chapter shall impair any right
of an Indian tribe organized under section 16 or
17 of the Act of June 18, 1934 (48 Stat. 987), as
amended [25 U.S.C. 476, 477], to develop their
mineral resources as may be provided in any
constitution or charter adopted by such tribe
pursuant to that Act [25 U.S.C. 461 et seq.].
(Pub. L. 97-382, § 9, Dec. 22, 1982, 96 Stat. 1940.)
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified
generally to subchapter V (§461 et seq.) of chapter 14 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 461 of
this title and Tables.
CHAPTER 24-INDIAN LAND
CONSOLIDATION
Sec.
2201. Definitions.
2202. Other applicable provisions.
2203. Adoption of land consolidation plan with ap-
proval of Secretary.
2204. Purchase of trust or restricted or controlled
lands at no less than fair market value; req-
uisite conditions.
2205. Tribal probate codes; acquisitions of frac-
tional interests by tribes.
2206. Descent and distribution.
2207. Full faith and credit to tribal actions under
tribal ordinances limiting descent and dis-
tribution of trust or restricted or controlled
lands.
2208. Conveyancing authority upon sale or ex-
change of tribal lands; removal of trust
status of individually owned lands.
2209. Trusteeship title of United States for any In-
dian or Indian tribe.
2210. Tax exemption.
2211. Governing body of tribe; construction of
chapter as not vesting with authority not
authorized by tribal constitution or by-
laws.
2212. Fractional interest acquisition program.
2213. Administration of acquired fractional inter-
ests; disposition of proceeds.
2214. Establishing fair market value.
2215. Acquisition Fund.
2216. Trust and restricted land transactions.
2217. Reports to Congress.
2218. Approval of leases, rights-of-way, and sales of
natural resources.
2219. Application to Alaska.
2220. Owner-managed interests.
2221. Annual notice and filing; current where-
abouts of interest owners.
§ 2201. Definitions
For the purpose of this chapter-
(1) Indian tribe or tribe means any In-
dian 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 In-
dian tribe, is eligible to become a member of
any Indian tribe, or is an owner (as of Octo-
ber 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 promul-
gated 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 sub-
paragraph (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)(i) trust or restricted lands means
lands, title to which is held by the United
States in trust for an Indian tribe or individ-
ual, or which is held by an Indian tribe or indi-
vidual subject to a restriction by the United
States against alienation and (ii) trust or re-
stricted interest in land or trust or re-
stricted interest in a parcel of land means an
interest in land, the title to which interest is
held in trust by the United States for an In-
dian tribe or individual, or which is held by an
Indian tribe or individual subject to a restric-
tion by the United States against alienation.1
(5) heirs of the first or second degree
means parents, children, grandchildren, grand-
parents, brothers and sisters of a decedent.'
(6) parcel of highly fractionated Indian
land means a parcel of land that the Sec-
retary, pursuant to authority under a provi-
sion 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 un-
divided 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) the term land means any 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 par-
ents 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
1So in original. The period probably should be a semicolon.
ct3
§ 2108
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