The Act means the Indian Tribal Economic Development and Contract Encouragement Act of 2000, Public Law 106-179, which amends section 2103 of the Revised Statutes, found at 25 U.S.C. 81.
Encumber means to attach a claim, lien, charge, right of entry or liability to real property (referred to generally as encumbrances). Encumbrances covered by this part may include leasehold mortgages, easements, and other contracts or agreements that by their terms could give to a third party exclusive or nearly exclusive proprietary control over tribal land.
Indian tribe, as defined by the Act, means any Indian tribe, nation, or other organized group or community, including any Alaska Native Village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act, which is recognized as eligible for special programs and services provided by the Secretary to Indians because of their status as Indians.
Secretary means the Secretary of the Interior or his or her designated representative.
Tribal lands means those lands held by the United States in trust for an Indian tribe or those lands owned by an Indian tribe subject to federal restrictions against alienation, as referred to Public Law 106-179 as “Indian lands.”
Notes of Decisions
GasPlus, L.L.C. v. United States Dep't of the Interior, 510 F. Supp. 2d 18 (D.D.C. 2007).
· cites it 3× “25 C.F.R. § 84.002 . The commentary gives examples of the types of contracts that do not “encumber Indian lands” under Section 81: contracts for personal services; construction contracts; contracts for services performed for tribes on tribal land; and bonds, loans, security…”
Gasplus, L.L.C. v. United States Dep't of Interior, 593 F. Supp. 2d 80 (D.D.C. 2009).
“The Court did not simply observe that BIA had ignored the plain moaning of the word "encumber,” which has "a fairly well-defined meaning” fitting within BIA’s own regulations at 25 C.F.R. § 84.002 . GasPlus, 510 F.Supp.”
Chemehuevi Indian Tribe v. Sally Jewell, 767 F.3d 900 (9th Cir. 2014).
“25 C.F.R. § 84.002 provides that: Encumber means to attach a claim, lien, charge, right of entry or liability to real property (referred to generally as encumbrances).”
Outsource Servs. Mgmt., Llc. v. Nooksack Bus. Corp. (Wash. Ct. App. 2017).
· cites it 2× “"22 Section 81 does not provide a definition of "encumber," but the related federal regulation, 25 C.F.R. § 84.002 , defines "encumber" as: [T]o attach a claim, lien, charge, right of entry or liability to real property (referred to generally as encumbrances).”
Guidiville Band v. Ngv Gaming Lit (9th Cir. 2008).
“” See 25 C.F.R. § 84.002 (“Encumber means to attach a claim, lien, right of entry or liability to real proper- ty”).”
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