25 C.F.R. § 151.2

How are key terms defined?

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Contiguous means two parcels of land having a common boundary notwithstanding the existence of non-navigable waters or a public road or right-of-way and includes parcels that touch at a point.

Fee interest means an interest in land that is owned in unrestricted fee simple status and is, thus, freely alienable by the fee owner.

Fractionated tract means a tract of Indian land owned in common by Indian landowners and/or fee owners holding undivided interests therein.

Indian land means any tract in which any interest is held by a Tribe or individual Indian in trust or restricted status and includes both individually owned Indian land and Tribal land.

Indian landowner means a Tribe or individual Indian who owns an interest in Indian land.

Indian reservation or Tribe's reservation means, unless another definition is required by Federal law authorizing a particular trust acquisition, that area of land over which the Tribe is recognized by the United States as having governmental jurisdiction, except that, in the State of Oklahoma wherever historic reservations have not yet been reaffirmed, or where there has been a final judicial determination that a reservation has been disestablished or diminished, Indian reservation means that area of land constituting the former reservation of the Tribe as defined by the Secretary.

Individual Indian means:

(1) Any person who is an enrolled member of a Tribe;

(2) Any person who is a descendent of such a member and said descendant was, on June 1, 1934, physically residing on a federally recognized Indian reservation; or

(3) Any other person possessing a total of one-half or more degree Indian blood of a Tribe.

Initial Indian acquisition means an acquisition of land in trust status for the benefit of a Tribe that currently has no land held in trust status.

Interested party means a person or other entity whose legally protected interests would be affected by a decision.

Land means real property or any interest therein.

Marketable title means title that a reasonable buyer would accept because it appears to lack substantial defect and that covers the entire property that the seller has purported to sell.

Preliminary Title Opinion means an opinion issued by the Office of the Solicitor that reviews the existing status of title, examining both record and non-record title evidence and any encumbrances or liens against the land, and sets forth requirements to be met before acquiring land in trust status.

Preliminary title report means a report prepared by a title company prior to issuing a policy of title insurance that shows the ownership of a specific parcel of land together with the liens and encumbrances thereon.

Restricted land or land in restricted status 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 due to limitations contained in the conveyance instrument pursuant to Federal law or because a Federal law directly imposes such limitations.

Secretary means the Secretary of the Interior or authorized representative.

Tribe means any Indian Tribe listed under section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130). For purposes of acquisitions made under the authority of 25 U.S.C. 5136 and 5138, or other statutory authority which specifically authorizes trust acquisitions for such corporations, Tribe also means a corporation chartered under section 17 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 5124) or section 3 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 5203).

Trust land or land in trust status means land the title to which is held in trust by the United States for an individual Indian or a Tribe.

Undivided interest means a fractional share of ownership in an estate of Indian land where the estate is owned in common with other Indian landowners or fee owners.

Notes of Decisions

Cited in 37 cases (6 in the last 5 years), 1959–2025 · leading case: Murphy v. Royal, 875 F.3d 896 (10th Cir. 2017).

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Murphy v. Royal, 875 F.3d 896 (10th Cir. 2017). · cites it 2× “But the State argues a later BIA regulation concerning land acquisition policies shows that the BIA concluded the Creek Reservation was disestablished because the regulation defined “Indian reservation” to mean: that area of land over which the tribe is recognized by the United…”

Carcieri v. Salazar, 555 U.S. 379 (2009). · cites it 2× “, at 28 (citing 25 CFR §§151.2 (b), (c)(1) (2008)). But, as explained above, Congress left no gap in 25 U.”

Citizens Against Casino Gambling v. Chaudhuri, 802 F.3d 267 (2d Cir. 2015). · cites it 4× “, 25 C.F.R. § 151.2 (d), (e); 43 C.F.R. § 4.”

Coomes v. Adkinson, 414 F. Supp. 975 (D.S.D. 1976). · cites it 5× “984 ), is applicable, (as it is here), the action of the Secretary must follow the directions in section 6 of that Act which are: “The Secretary of the Interior is directed to make rules and regulations for the operation and maintenance of Indian forestry units on the principle…”

Treat v. Stitt, 2021 OK 3 (Okla. 2021). · cites it 3× “, Section 2703 (4), and over which the tribe has jurisdiction as recognized by the Secretary of the Interior and is a part of the tribe's "Indian reservation" as defined in 25 C.F.R., Part 151.2 or has been acquired pursuant to 25 C.”

City of Lincoln v. United States Dep't of Interior, 229 F. Supp. 2d 1109 (D. Or. 2002). · cites it 4× “25 C.F.R. § 151.2 (f). It is the last part of this definition-defining Indian reservation to include the former reservation of a tribe whose reservation has been judicially determined to have been disestablished or diminished — that the Tribe relies on in this case.”

Upstate Citizens for Equality, Inc. v. United States, 841 F.3d 556 (2d Cir. 2016). “See 25 C.F.R. § 151.2 (b); U.S. Dep’t of the Interior, Office of the Solicitor, The Meaning of “Under Federal Jurisdiction” for Purposes of the Indian Reorganization Act, at 21 (March 12, 2014); New York v.”

Carcieri v. Kempthorne, 497 F.3d 15 (1st Cir. 2005). · cites it 2× “The regulation, found at 25 C.F.R. § 151.2 , sets forth definitions that pertain to the regulations governing trust acquisitions.”

Murphy v. Royal, 866 F.3d 1164 (10th Cir. 2017). “BIA regulation concerning land acquisition policies shows that the BIA concluded the Creek Reservation was disestablished because the regulation defined “Indian reservation” to mean: that area of land over which the tribe is recognized by the United States as having governmental…”

Citizens Exposing Truth About Casinos v. Kempthorne, 492 F.3d 460 (D.C. Cir. 2007). “Compare 25 C.F.R. § 151.2 (d) (defining “trust land”), with id.”

Yankton Sioux Tribe v. Podhradsky, 606 F.3d 994 (8th Cir. 2010). “Current regulations treat trust acquisitions of former reserva *1013 tion lands as “on reservation” rather than “off reservation” transactions, see 25 C.F.R, § 151.2(f) (defining reservation to include “that area of land constituting the former reservation”), and subject them to…”

Stand Up For California! v. DOI, 994 F.3d 616 (D.C. Cir. 2021). “” 25 C.F.R. § 151.2 . The Secretary must review each request for the acquisition of land.”

Show all 37 citing cases →

— 25 C.F.R. § 151.2(f) — 3 cases

Citizen Band Potawatomi Indian Tribe Of Oklahoma v. L.W. Collier, 142 F.3d 1325 (10th Cir. 1998).

Citizen Band Potawatomi Indian Tribe v. Collier, 142 F.3d 1325 (10th Cir. 1998).

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