[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR151.2] [Page 423-424] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 151--ACQUISITION OF TITLE TO LAND IN TRUST--Table of Contents Subpart A--Purpose, Definitions, General Sec. 151.2 How are key terms defined in this part? Alienation means a conveyance or transfer of title to property. Bureau means the Bureau of Indian Affairs within the Department of the Interior. Complete Application means an application that contains all the documentation, analysis and information required by Sec. 151.5(f). Discretionary acquisitions of title means those acquisitions of trust title which Congress has authorized, but not required us to accept administratively. Encumbrance means a limitation on the title of property, such as a claim, lien, easement, charge, or restriction of any kind. Fee simple land means land held absolute and clear of any condition or restriction, and where the owner has unconditional power of disposition. Governing tribe means the tribe having governmental jurisdiction over the land being acquired. Individual Indian means a person who: (1) Is a member of a federally recognized tribe; or (2) Was physically residing on a federally recognized Indian reservation as of June 1, 1934, and is a descendant of an enrolled member of a federally recognized tribe; or (3) Possesses a total of one-half degree or more Indian blood of a federally recognized tribe. Land means real property or any title interest therein, as defined by the statute that authorizes the land acquisition. Legislative transfer of title means the direct transfer of title to land into trust status for the benefit of an individual Indian or Indian tribe by Congress through legislation. The regulations in this part do not apply to legislative transfers of title. Mandatory acceptance of title means a conveyance of trust title which Congress has required the Secretary to accept if certain specified conditions over which the Secretary has no control are met. Reservation means, for purposes of this part, that area of land which has been set aside or which has been acknowledged as having been set aside by the United States for the use of the tribe, the exterior boundaries of which are more particularly defined in a final treaty, Federal agreement, Executive or secretarial order, Executive or secretarial proclamation, United States patent, Federal statute, or final judicial or administrative determination, provided that: (1) In the State of Oklahoma, reservation means that area of land constituting the former reservation of the tribe. Former reservation means lands [[Page 424]] that are within the jurisdictional area of an Oklahoma Indian tribe and are within the boundaries of the last reservation established by final treaty, Federal agreement, Executive or secretarial order, Executive or secretarial proclamation, United States patent, Federal statute, or final judicial or administrative determination; and (2) For Pueblo Indian tribes in the State of New Mexico, reservation means lands within the exterior boundaries of lands granted or confirmed to or acquired by the Pueblo as reported by the Pueblo Lands Board under section 2 of the Act of June 7, 1924, ch. 331, 43 Stat. 636, notwithstanding any finding of extinguishment of title, plus any other lands reserved, set aside, or held in trust by the United States for the use of the Pueblo or its members. Restricted fee land 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 in the conveyance instrument pursuant to federal law. Secretary means the Secretary of the Interior or an authorized representative. Tribal Land Acquisition Area (TLAA) means an area of land approved by the Secretary and designated by a tribe that (1) Does not have a reservation; or (2) Does not have trust land; or (3) Has a trust land base which is incapable of being developed in a manner that promotes tribal self-determination, economic development and Indian housing, and within which the tribe plans to acquire land over a specified period of time. Tribe means any Indian tribe, nation, band, pueblo, town, community, rancheria, colony, or other group of Indians, which is recognized by the Secretary as eligible for the special programs and services provided by the Bureau of Indian Affairs, and listed in the Federal Register under Public Law 103-454, act of Nov. 2, 1994 (108 Stat. 4791; 25 U.S.C. 479a (1994)). Trust land means land, or an interest therein, for which the United States holds fee title in trust for the benefit of an individual Indian or a tribe. Undivided fractional interest means an interest of co-owners which is in the entire property, that is not divided out from the whole parcel. (Example: If you own 1/4 interest in 160 acres, you do not own 40 acres. You own 1/4 interest in the whole 160 acres because your 1/4 interest has not been divided out from the whole 160 acres.) We/Us/Our means the Secretary of the Interior or an authorized representative.