§ 2201. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2201]
TITLE 25--INDIANS
CHAPTER 24--INDIAN LAND CONSOLIDATION
Sec. 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, Sec. 202, Jan. 12, 1983, 96 Stat. 2517; Pub.
L. 106-462, title I, Sec. 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, Sec. 103(1)(A), substituted
``(1)`Indian tribe' or `tribe' '' for ``(1) `tribe' ''.
Par. (2). Pub. L. 106-462, Sec. 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, Sec. 103(1)(C)-(E), added par. (5).
Short Title of 2000 Amendment
Pub. L. 106-462, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.''
