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TRIBAL LAND

Under the regulations established forTribal Energy Resource Agreements

(TERAs) !Tribal land! means any land or interests in land o"ned by atribe or tribes title to "hich is held in trust by the United #tates or is

sub$ect to a restriction against alienation under the la"s of the United

#tates% &or the 'ur'oses of TERAs tribal land includes land taen into trust

or sub$ect to restrictions on alienation under the la"s of the United #tates

after the eecti*e date of the TERA% (+, -&R ++.%/0)

The statute and regulations concerning leasing of Indian land for 'ublic

religious educational recreational residential or business 'ur'oses

("hich "ould include most rene"able energy 'ro$ects) a''ly to trust or

restricted land de1ned in the regulations as !any tract or interest therein

that the United #tates holds in trust status for the bene1t of a tribe or

indi*idual Indian! and !land the title to "hich is held by an indi*idual

Indian or a tribe and "hich can only be alienated or encumbered by the

o"ner "ith the a''ro*al of the #ecretary because of limitations contained

in the con*eyance instrument 'ursuant to federal la"! res'ecti*ely% (+,

U%#%-% .2,3 +, -%&%R% 24+%202) &or BIAmineral and mining regulations the

term !Indian lands! means any lands or interest in lands o"ned by any

indi*idual Indian or Alasa Nati*e Indian tribe band nation 'ueblo

community rancheria colony or other grou' the title to "hich is held in

trust by the United #tates or is sub$ect to a restriction against alienation

im'osed by the United #tates (see +, -&R 5arts +22 +2+ and ++,)%

&orrights-of-way the regulations de1ne tribal land as !land or any

interest therein title to "hich is held by the United #tates in trust for a

tribe or title to "hich is held by any tribe sub$ect to &ederal restrictions

against alienation or encumbrance and includes such land reser*ed for

Indian Bureau administrati*e 'ur'oses% The term also includes lands held

by the United #tates in trust for an Indian cor'oration chartered under

section 26 of the Act of 7une 28 29/. (.8 #tat% 9883 +, U%#%-% .66)%! andIndi*idually o"ned land as !land or any interest therein held in trust by

the United #tates for the bene1t of indi*idual Indians and land or any

interest therein held by indi*idual Indians sub$ect to &ederal restrictions

against alienation or encumbrance%! (+, -%&%R% 249%2) Under the statute

that establishes De'artment of the Interior $urisdiction for granting

a''ro*al for some other contracts and agreements "ith Indian tribes

!Indian lands! means lands the title to "hich is held by the United #tates

in trust for an Indian tribe or lands the title to "hich is held by an Indian

tribe sub$ect to a restriction by the United #tates against alienation% (+,U%#%-% 82)

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Reference to !Indian country! is sometimes used for other federal

regulations% !Indian country! means (a) all land "ithin the limits of any

Indian reser*ation under the $urisdiction of the United #tates :o*ernment

not"ithstanding the issuance of any 'atent and including rights;of;"ay

running through the reser*ation (b) all de'endent Indian communities"ithin the borders of the United #tates "hether "ithin the original or

subse

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boundaries of a reser*ation is not sub$ect to legal restrictions

against alienation or encumbrance absent any s'ecial

circumstances% The la" is not clear "hether such restrictions a''ly

to fee land "ithin the boundaries of a reser*ation%

Under the statute establishing the Indian Energy Resource 5rogram the

term !Indian land! means G

A% Any land located "ithin the boundaries of an Indian reser*ation

'ueblo or Rancheria3

B% Any land not located "ithin the boundaries of an Indian reser*ation

'ueblo or Rancheria the title to "hich is held G

i% In trust by the United #tates for bene1t of an Indian tribe or anindi*idual Indian3

ii% By an Indian tribe or an indi*idual Indian sub$ect to restriction

against alienation under la"s of the United #tates3 or

iii% By a de'endent Indian community3 and

-% Land that is o"ned by an Indian tribe and "as con*eyed by the

United #tates to a Nati*e -or'oration 'ursuant to the Alasa Nati*e

-laims #ettlement Act (./ U%#%-% 2402 et se