.......................Tribal and Indian Land.................................. Definitions of common terminology related to tribal and Indian land ownership. Individually owned lands are of two kinds: Trust land - The federal government holds legal title but the beneficial interest remains with the Individual Indian Restricted fee land - An individual Indian holds legal title but with legal restrictions against alienation or encumbrance Tribally owned lands are of three kinds: Trust land - The federal government holds legal title but the beneficial interest remains with the tribe Restricted fee land - The tribe holds legal title but with legal restrictions against alienation or encumbrance Fee land purchased by tribes - The tribe acquires legal title under specific statutory authority. Fee land owned by a tribe outside the boundaries of a reservation is not subject to legal restrictions against alienation or encumbrance, absent any special circumstances. The law is not clear whether such restrictions apply to fee land within the boundaries of a reservation. Indian land means – Any land located within the boundaries of an Indian reservation, pueblo or Rancheria; and any land not located within the boundaries of an Indian reservation, pueblo or Rancheria, the title to which is held –In trust by the United States for benefit of an Indian tribe or an individual Indian. Tribal land means any land or interests in land owned by a tribe or tribes, title to which is held in trust by the United States, or is subject to a restriction against alienation under the laws of the United States. Indian country means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. Federal Indian reservation is used and means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation. (33 U.S. C. 1377(h)).
Posted on: Sun, 03 Nov 2013 11:53:54 +0000
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