162.101—What key terms do I need to know?
For purposes of this part:
Adult means an individual who is 18 years of age or older.
Agricultural land means Indian land or Government land suited or used for the production of crops, livestock or other agricultural products, or Indian land suited or used for a business that supports the surrounding agricultural community.
Agricultural lease means a lease of agricultural land for farming and/or grazing purposes.
AIARMA means the American Indian Agricultural Resources Management Act of December 3, 1993 (107 Stat. 2011, 25 U.S.C. 3701
et seq. ), as amended on November 2, 1994 (108 Stat. 4572).
Assignment means an agreement between a tenant and an assignee, whereby the assignee acquires all of the tenant's rights, and assumes all of the tenant's obligations, under a lease.
BIA means the Bureau of Indian Affairs within the Department of the Interior and any tribe acting on behalf of BIA under § 162.109 of this part.
Bond means security for the performance of certain lease obligations, as furnished by the tenant, or a guaranty of such performance as furnished by a third-party surety.
Day means a calendar day.
Emancipated minor means a person under 18 years of age who is married or who is determined by a court of competent jurisdiction to be legally able to care for himself or herself.
Fair annual rental means the amount of rental income that a leased tract of Indian land would most probably command in an open and competitive market.
Fee interest means an interest in land that is owned in unrestricted fee 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.
Government land means any tract, or interest therein, in which the surface estate is owned by the United States and administered by BIA, not including tribal land that has been reserved for administrative purposes.
Immediate family means a spouse, brother, sister, lineal ancestor, lineal descendant, or member of the household of an individual Indian landowner.
Indian land means any tract in which any interest in the surface estate is owned by a tribe or individual Indian in trust or restricted status.
Indian landowner means a tribe or individual Indian who owns an interest in Indian land in trust or restricted status.
Individually-owned land means any tract, or interest therein, in which the surface estate is owned by an individual Indian in trust or restricted status.
Interest, when used with respect to Indian land, means an ownership right to the surface estate of Indian land that is unlimited or uncertain in duration, including a life estate.
Lease means a written agreement between Indian landowners and a tenant or lessee, whereby the tenant or lessee is granted a right to possession of Indian land, for a specified purpose and duration. Unless otherwise provided, the use of this term will also include permits, as appropriate.
Lessee means tenant, as defined in this section.
Life estate means an interest in Indian land that is limited, in duration, to the life of the life tenant holding the interest, or the life of some other person.
Majority interest means more than 50% of the trust or restricted interests in a tract of Indian land.
Minor means an individual who is less than 18 years of age.
Mortgage means a mortgage, deed of trust or other instrument that pledges a tenant's leasehold interest as security for a debt or other obligation owed by the tenant to a lender or other mortgagee.
NEPA means the National Environmental Policy Act (42 U.S.C. § 4321, et seq. )
Non compos mentis means a person who has been legally determined by a court of competent jurisdiction to be of unsound mind or incapable of managing his or her own affairs.
Permit means a written agreement between Indian landowners and the applicant for the permit, also referred to as a permittee, whereby the permittee is granted a revocable privilege to use Indian land or Government land, for a specified purpose.
Remainder means an interest in Indian land that is created at the same time as a life estate, for the use and enjoyment of its owner after the life estate terminates.
Restricted land or 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 because of limitations contained in the conveyance instrument pursuant to federal law.
Secretary means the Secretary of the Interior or an authorized representative.
Sublease means a written agreement by which the tenant grants to an individual or entity a right to possession no greater than that held by the tenant under the lease.
Surety means one who guarantees the performance of another.
Tenant means a person or entity who has acquired a legal right of possession to Indian land by a lease or permit under this part.
Trespass means an unauthorized possession, occupancy or use of Indian land.
Tribal land means the surface estate of land or any interest therein held by the United States in trust for a tribe, band, community, group or pueblo of Indians, and land that is held by a tribe, band, community, group or pueblo of Indians, subject to federal restrictions against alienation or encumbrance, and includes such land reserved for BIA administrative purposes when it is not immediately needed for such purposes. The term also includes lands held by the United States in trust for an Indian corporation chartered under section 17 of the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. § 476 ).
Tribal laws means the body of law that governs land and activities under the jurisdiction of a tribe, including ordinances and other enactments by the tribe, tribal court rulings, and tribal common law.
Trust land means any tract, or interest therein, that the United States holds in trust status for the benefit of a tribe or individual Indian.
Undivided interest means a fractional share in the surface estate of Indian land, where the surface estate is owned in common with other Indian landowners or fee owners.
Us/We/Our means the Secretary or BIA and any tribe acting on behalf of the Secretary or BIA under § 162.110 of this part.
USPAP means the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Standards Board of the Appraisal Foundation to establish requirements and procedures for professional real property appraisal practice.