Indian means, for purposes of Subdivisions J2, J3, J4, and J8 of this subpart, any person who is a member of an Indian tribe, as defined in parargraph (i) of this section or any individual who (1), irrespective of whether he or she lives on or near a reservation, is a member of a tribe, band or other organized group terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is the natural child or grandchild of any such member, or (2) is an Eskimo or Aleut or other Alaska Native, or (3) is considered by the Secretary of the Interior to be an Indian for any purpose, or (4) is determined to be an Indian under regulations promulgated by the Secretary.
42 CFR § 136.302
As used in this subpart: Act means the Indian Health Care Improvement Act, Pub. L. 94437 (25 U.S.C. 1601 et seq.).