U.S. Code » Title 25 » Chapter CHAPTER 17— FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS

25 U.S.C. § 1452

Definitions

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For the purpose of this chapter, the term—(a) “Secretary” means the Secretary of the Interior.(b) “Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].(c) “Tribe” means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.(d) “Reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].(e) “Economic enterprise” means any Indian-owned (as defined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit: Provided, That such Indian ownership shall constitute not less than 51 per centum of the enterprise.(f) “Organization”, unless otherwise specified, shall be the governing body of any Indian tribe, as defined in subsection (c), or entity established or recognized by such governing body for the purpose of this chapter.(g) “Other organizations” means any non-Indian individual, firm, corporation, partnership, or association.(h) “Surety” has the same meaning as in section 694a of title 15.(i) “Surety Bond” means a bid bond, payment bond, or performance bond as those terms are defined in section 694a of title 15.(Pub. L. 93–262, § 3, Apr. 12, 1974, 88 Stat. 77; Pub. L. 100–442, § 5(b), Sept. 22, 1988, 102 Stat. 1764.)Editorial NotesReferences in Text

The Alaska Native Claims Settlement Act, referred to in pars. (b) to (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

1988—Pars. (h), (i). Pub. L. 100–442 added pars. (h) and (i).

Notes of Decisions
Cited in 29 cases, 1978–2020 · leading case: McGirt v. Oklahoma, 140 S. Ct. 2452 (2020).
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McGirt v. Oklahoma, 140 S. Ct. 2452 (2020). · cites it 2× “§202 (b)(1)(B)(v) (road grants; “former Indian reservations in the State of Oklahoma”); 25 U. S. C. §1452 (d) (Indian Financing Act; “former Indian reserva- tions in Oklahoma”); §2020(d) (education grants; “former Indian reservations in Oklahoma”); §3103(12) (National In- dian…”
Murphy v. Royal, 875 F.3d 896 (10th Cir. 2017). · cites it 2× “§ 1722 (6)(C); 25 U.S.C. §§ 1452 (d), 2020(d)(1)-(2), 3103(12), 3202(9); 29 U.”
Sac & Fox Nation of Missouri v. Norton, 240 F.3d 1250 (10th Cir. 2001). “exercises governmental jurisdiction”); 25 U.S.C. § 1452 (d) (1994) (defining “reservation” to include “Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village…”
Diane Zarr v. Earl Barlow, Dir., Off. of Indian Educ. Programs, Bureau of Indian Affairs, 800 F.2d 1484 (9th Cir. 1986). · cites it 4× “Indian Financing Act of 1974, 25 U.S.C. § 1452 ; Pub.L. No. 99-228. We hold that the government has not met its “heavy burden” of showing congressional ratification by appropriation.”
Murphy v. Royal, 866 F.3d 1164 (10th Cir. 2017). “§ 1722 (6)(C); 25 U.S.C. §§ 1452 (d), 2020(d)(l)-(2), 3103(12), 3202(9); 29 U.”
Arizona Pub. Serv. Co. v. Env't Prot. Agency, 211 F.3d 1280 (D.C. Cir. 2000). · cites it 4× “exercises governmental jurisdiction”); 25 U.S.C. § 1452 (d) (1994) (defining “reservation” to include Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village…”
Native Vill. of Stevens v. Alaska Mgmt. & Plan., 757 P.2d 32 (Alaska 1988). · cites it 2× “§ 450b(b) (1983) (definition of tribe includes an Alaska Native village or regional or village corporation established pursuant to ANCSA); Indian Financing Act, 25 U.S.C.A. § 1452 (c) (1983) (same); Indian Child Welfare Act, 25 U.”
Miami Nation of Indians of Indiana, Inc. v. United States Dep't of the Interior, 255 F.3d 342 (7th Cir. 2001). “§ 450b(b); Indian Financing Act of 1974, 25 U.S.C. § 1452 (c); see Greene v. Babbitt, 64 F.”
Bittle v. Bahe, 2008 OK 10 (Okla. 2008). “, the Indian Financing Act, 25 U.S.C. §§ 1452 , et seq., or some other federal statute, under which it created Thunderbird Entertainment Center, Inc.”
Greene v. Rhode Island, 398 F.3d 45 (1st Cir. 2005). “§ 450b(e), and the Indian Financing Act of 1974, 25 U.S.C. § 1452 (c). However, we have previously found that the Indian Nonintercourse Act, 25 U.”
State v. Romero, 2006 NMSC 039 (N.M. 2006). “§ 1377 (h)(1) (1987), (“ ‘Federal Indian reservation’ 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;”);…”
St. Cloud v. United States, 702 F. Supp. 1456 (D.S.D. 1988). “" The Indian Financing Act, 25 U.S.C. § 1452 , defines Indian to mean “a member of any Indian tribe .”
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