§3 Untitled Section

Summary

Defines key words used in the Act. An "allotment" is land given on the White Earth Reservation, Minnesota, under the Acts of January 14, 1889 (25 Stat. 642) and February 8, 1887 (24 Stat. 388). An "allottee" is the person who got an allotment. "Full blood" means a White Earth Chippewa listed as full blood on the roll approved by the U.S. District Court for Minnesota on October 1, 1920, or later declared full blood by a federal court; it also includes a biological child of two such full-blood parents or of one full-blood parent on that roll and one parent enrolled in another federally recognized tribe. "Mixed blood" means a White Earth Chippewa listed as mixed blood on that 1920 roll (unless later declared full blood by a federal court), and includes descendants of people on that roll who are not full blood; it excludes anyone enrolled in a tribe other than the White Earth Band. "Inherited" means received by inheritance, with or without a will, as decided by the Secretary of the Interior or an authorized representative. "Tax forfeited" means land declared forfeited under State law for unpaid property taxes and said to have gone to the State of Minnesota or to private or public parties. "Majority" and "adult" mean age twenty-one or older. "Secretary" means the Secretary of the Interior or an authorized representative. "Interest" means a fractional share of an allotment unless the word "compound" is used. "Trust period" is the time the United States held an allotment in trust for the allottee or heirs. For this Act, Executive Orders 4642 (May 5, 1927), 5768 (Dec. 10, 1931), and 5953 (Nov. 23, 1932) are treated as having extended trust periods that would otherwise have ended in 1927, 1932, or 1933, and the Indian Reorganization Act of June 18, 1934 is treated as having extended trust periods indefinitely for those that would have ended on or after June 18, 1934. Those extensions do not apply to allotments or interests sold or mortgaged by adult mixed bloods, by non-Indians, with the Secretary’s approval, or where a federal court judgment on the merits upheld the sale or mortgage. "Heir" means someone who received or was entitled to receive an allotment or interest by inheritance under applicable Federal or Minnesota law, or someone found under section 9 using Minnesota inheritance law in effect on March 26, 1986 (excluding spousal allowance and maintenance laws) to be entitled to payment under section 8. "Transfer" means any change in ownership, possession, control, or title of an allotment or interest, including sales, mortgages, tax forfeitures, transfers under State law, or transactions meant to cause those results.