[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR4.200]

[Page 65-66]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
   Subpart D--Rules Applicable in Indian Affairs Hearings and Appeals
 
Sec. 4.200  Scope of regulations.

    Authority: Secs. 1, 2, 36 Stat. 855, as amended, 856, as amended, 
sec. 1, 38 Stat. 586, 42 Stat. 1185, as amended, secs. 1, 2, 56 Stat. 
1021, 1022; R.S. 463, 465; 5 U.S.C. 301; 25 U.S.C. secs. 2, 9, 372, 373, 
374, 373a, 373b, 410, 100 Stat, 61, as amended by 101 Stat. 886 and 101 
Stat. 1433, 25 U.S.C. 331 note.

    Cross Reference: See 25 CFR part 15 for rules setting forth the 
responsibilities and practices of the Bureau of Indian Affairs in the 
probate of Indian estates. See subpart A of this part for the authority, 
jurisdiction, and membership of the Board of Indian Appeals within the 
Office of Hearings and Appeals. For general rules applicable to 
proceeding before the Hearings Division, Board of Indian Appeals, and 
other Appeals Boards of the Office of Hearings and Appeals, see subpart 
B of this part.

 Determinations of Heirs and Approval of Wills, Except as to Members of 
    the Five Civilized Tribes and Osage Indians; Tribal Purchases of 
                    Interests Under Special Statutes

  Scope of Regulations; Definitions; General Authority of OHA Deciding 
                                Officials

    Source: 66 FR 67656, Dec. 31, 2001, unless otherwise noted.


    Included in Secs. 4.200 through 4.202 are general rules applicable 
to all proceedings in subpart D of this part. Included in Secs. 4.203 
through 4.282 and Secs. 4.310 through 4.323 are procedural rules 
applicable to the settlement of trust estates of deceased Indians who

[[Page 66]]

die possessed of trust property; however, these rules do not apply to 
the restricted property of deceased Indians of the Five Civilized 
Tribes, deceased Osage Indians, and members of any tribe organized under 
25 U.S.C. 476, to the extent that the constitution, by-laws or charter 
of each tribe may be inconsistent with this subpart. Included within 
Secs. 4.300 through 4.308 are supplemental procedural rules applicable 
to determinations as to tribal purchase of certain property interests of 
decedents under special laws applicable to particular tribes. Included 
within Secs. 4.330 through 4.340 are procedural rules applicable to 
appeals to the Board of Indian Appeals from administrative actions or 
decisions issued by the Bureau of Indian Affairs as set forth in 
Sec. 4.330. Except as limited by the provisions herein, the rules in 
subparts A and B of this part apply to these proceedings.