§ 169.2 What terms do I need to know?

The following terms apply to this part:

Abandonment

means the grantee has affirmatively relinquished a right-of-way (as opposed to relinquishing through non-use) either by notifying the BIA of the abandonment or by performing an act indicating an intent to give up and never regain possession of the right-of-way.

Assignment

means an agreement between a grantee and an assignee, whereby the assignee acquires all or part of the grantee's rights, and assumes all of the grantee's obligations under a grant.

Avigation hazard easement

means the right, acquired by government through purchase or condemnation from the owner of land adjacent to an airport, to the use of the air space above a specific height for the flight of aircraft.

BIA

means the Secretary of the Interior or the Bureau of Indian Affairs within the Department of the Interior and any tribe acting on behalf of the Secretary or BIA under § 169.008.

BIA land

means any tract, or interest therein, in which the surface estate is owned and administered by the BIA, not including Indian land.

Cancellation

means BIA action to end a right-of-way grant.

Compensation

means something bargained for that is fair and reasonable under the circumstances of the agreement.

Consent

means written authorization by an Indian landowner to a specified action.

Easement

means an interest, consisting of the right to use or control, for a specific limited purpose, land owned by another person, or an area above or below it, while title remains vested in the landowner.

Encumbered account

means a trust account where some portion of the proceeds are obligated to another party.

Fair market value

means the amount of compensation that a right-of-way would most probably command in an open and competitive market.

Fractional interest

means an undivided interest in Indian land owned as tenancy in common by individual Indian or tribal landowners and/or fee owners

ndowner.

Encumbered account

means a trust account where some portion of the proceeds are obligated to another party.

Fair market value

means the amount of compensation that a right-of-way would most probably command in an open and competitive market.

Fractional interest

means an undivided interest in Indian land owned as tenancy in common by individual Indian or tribal landowners and/or fee owners.

Grant

means the formal transfer of a right-of-way interest by the Secretary's approval or the document evidencing the formal transfer, including any changes made by a right-of-way document.

Grantee

means a person or entity to whom the Secretary grants a right-of-way or to whom the right-of-way has been assigned once the assignment is effective.

Immediate family

means, in the absence of a definition under applicable tribal law, a spouse, brother, sister, aunt, uncle, niece, nephew, first cousin, lineal ancestor, lineal descendant, or member of the household.

Indian

means:

(1) Any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner as of October 27, 2004, of a trust or restricted interest in land;

(2) Any person meeting the definition of Indian under the Indian Reorganization Act (25 U.S.C. 479) and the regulations promulgated thereunder; and

(3) With respect to the inheritance and ownership of trust or restricted land in the State of California under 25 U.S.C. 2206, any person described in paragraph (1) or (2) of this definition or any person who owns a trust or restricted interest in a parcel of such land in that State.

Indian land

means individually owned Indian land and/or tribal land.

Indian landowner

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

Indian tribe

or

tribe

means an Indian tribe under section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)

definition or any person who owns a trust or restricted interest in a parcel of such land in that State.

Indian land

means individually owned Indian land and/or tribal land.

Indian landowner

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

Indian tribe

or

tribe

means an Indian tribe under section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).

Individually owned Indian land

means any tract in which the surface estate, or an undivided interest in the surface estate, is owned by one or more individual Indians in trust or restricted status.

In-kind compensation

means payment is in goods or services rather than money.

Life estate

means an interest in property held only for the duration of a designated person(s)' life. A life estate may be created by a conveyance document or by operation of law.

LTRO

means the Land Titles and Records Office of BIA.

Map of definite location

means a survey plat signed by a professional surveyor or engineer showing the location, size, and extent of the right-of-way and other related parcels, with respect to each affected parcel of individually owned land, tribal land, or BIA land and with reference to the public surveys under 25 U.S.C. 176, 43 U.S.C. 2 and 1764, and showing existing facilities adjacent to the proposed project.

Permanent improvement

means pipelines, roads, structures, and other infrastructure attached to the land subject to the right-of-way.

Right-of-way

means an easement or a legal right to go over or across tribal land, individually owned Indian land, or BIA land for a specific purpose, including but not limited to building and operating a line or road. This term may also refer to the land subject to the grant of right-of-way; however, in all cases, title to the land remains vested in the landowner. This term does not include service lines.

Right-of-way document

means a right-of-way grant, renewal, amendment, assignment, or mortgage of a right-of-way

land for a specific purpose, including but not limited to building and operating a line or road. This term may also refer to the land subject to the grant of right-of-way; however, in all cases, title to the land remains vested in the landowner. This term does not include service lines.

Right-of-way document

means a right-of-way grant, renewal, amendment, assignment, or mortgage of a right-of-way.

Secretary

means the Secretary of the Interior or an authorized representative.

Termination

means action by Indian landowners to end a right-of-way.

Trespass

means any unauthorized occupancy, use of, or action on tribal or individually owned Indian land or BIA land.

Tribal authorization

means a duly adopted tribal resolution, tribal ordinance, or other appropriate tribal document authorizing the specified action.

Tribal land

means any tract in which the surface estate, or an undivided interest in the surface estate, is owned by one or more tribes in trust or restricted status. The term also includes the surface estate of lands held in trust for a tribe but reserved for BIA administrative purposes and includes the surface estate of lands held in trust for an Indian corporation chartered under section 17 of the Indian Reorganization Act of 1934 (25 U.S.C. 477).

Tribal utility

means a utility owned by one or more tribes that is established for the purpose of providing utility service, and that is certified by the tribe to meet the following requirements:

(1) The combined Indian tribe ownership constitutes not less than 51 percent of the utility;

(2) The Indian tribes, together, receive at least a majority of the earnings; and

(3) The management and daily business operations of the utility are controlled by one or more representatives of the tribe.

Trust account

means a tribal account or Individual Indian Money (IIM) account for trust funds maintained by the Secretary.

Trust or restricted status

means:

less than 51 percent of the utility;

(2) The Indian tribes, together, receive at least a majority of the earnings; and

(3) The management and daily business operations of the utility are controlled by one or more representatives of the tribe.

Trust account

means a tribal account or Individual Indian Money (IIM) account for trust funds maintained by the Secretary.

Trust or restricted status

means:

(1) That the United States holds title to the tract or interest in trust for the benefit of one or more tribes and/or individual Indians; or

(2) That one or more tribes and/or individual Indians holds title to the tract or interest, but can alienate or encumber it only with the approval of the United States because of limitations in the conveyance instrument under Federal law or limitations in Federal law.

Uniform Standards of Professional Appraisal Practice (USPAP)

means the standards promulgated by the Appraisal Standards Board of the Appraisal Foundation to establish requirements and procedures for professional real property appraisal practice.

Us/we/our

means the BIA.

Utility cooperative

means a cooperative that provides public utilities to its members and either reinvests profits for infrastructure or distributes profits to members of the cooperative.