[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: 43CFR4.201]

[Page 66-67]
 
                    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. 4.201  Definitions.

    As used in this subpart:
    Agency means the agency office or any other designated office in BIA 
having jurisdiction over trust or restricted property and money. This 
term also means any office of a tribe which has contracted or compacted 
the BIA probate function under 25 U.S.C. 450f or 458cc.
    Attorney decision maker means an attorney with BIA who reviews a 
probate package, determines heirs, approves wills and beneficiaries of 
the will, determines creditors' claims, and issues a written decision to 
the extent authorized by 25 CFR part 15.
    Beneficiary means any individual who receives trust or restricted 
property or money in a decedent's will.
    BIA means the Bureau of Indian Affairs within the Department of the 
Interior.
    BIA deciding official means the official with the delegated 
authority to make a decision on a probate matter pursuant to 25 CFR part 
15, and may include a BIA regional director, agency superintendent, 
field representative, or attorney decision maker.
    Board means the Board of Indian Appeals in the Office of Hearings 
and Appeals, Office of the Secretary, authorized by the Secretary to 
hear, consider, and determine finally for the Department appeals taken 
by aggrieved parties from actions by OHA deciding officials on petitions 
for rehearing or reopening, and allowance of attorney fees, and from 
actions of BIA officials as provided in Sec. 4.1(b)(2).
    Child or children includes an adopted child or children.
    Commissioner includes the Deputy Commissioner of Indian Affairs and 
his or her authorized representatives.
    Day means a calendar day, unless otherwise stated.
    Decedent means a person who is deceased.
    Department means the Department of the Interior.
    Estate means the trust cash assets and restricted or trust property 
owned by the decedent at the time of his or her death.
    Heir means any individual who receives trust or restricted property 
or money from a decedent in an intestate proceeding.
    IIM account means funds held in an individual Indian monies account 
by OTFM or a tribe performing this function under a contract or compact.
    Intestate means the decedent died without a will.
    Minor means an individual who has not reached the age of majority as 
defined by the applicable tribal or state law.
    OHA deciding official means an employee of the Office of Hearings 
and Appeals with the authority to make a decision on a probate matter 
pursuant to this subpart. The OHA deciding official may be either an 
administrative law judge appointed pursuant to the Administrative 
Procedure Act, 5 U.S.C. 3105, or an Indian probate judge.
    OTFM means the Office of Trust Funds Management within the Office of 
the Special Trustee for American Indians, Department of the Interior, or 
its authorized representative.
    Party in interest means any presumptive or actual heir, any 
beneficiary under a will, any party asserting a claim against a deceased 
Indian's estate, and any Tribe having a statutory option to purchase 
interests of a decedent.
    Probate means the legal process by which applicable tribal law, 
state law,

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or federal law that affects the distribution of the decedent's estate is 
applied to:
    (1) Determine the heirs,
    (2) Approve wills and determine beneficiaries, and
    (3) Transfer any funds or property held in trust by the Secretary 
for a decedent, or any restricted property of the decedent, to the 
heirs, beneficiaries, or other persons or entities.
    Probate specialist means a BIA or tribal employee who is trained in 
Indian probate matters.
    Restricted property means real or personal property held by an 
Indian which he or she cannot alienate or encumber without the consent 
of the Secretary or his or her authorized representative. In this 
subpart, restricted property is treated as if it were trust property. 
Except with respect to Sec. 4.200, the term ``restricted property'' as 
used in this subpart does not include the restricted lands of the Five 
Civilized Tribes or Osage Tribe of Indians.
    Secretary means the Secretary of the Interior or his or her 
authorized representative.
    Solicitor means the Solicitor of the Department of the Interior or 
his or her authorized representative.
    Superintendent means the BIA Superintendent or other BIA officer 
having jurisdiction over an estate, including area field representatives 
or one holding equivalent authority.
    Testate means the decedent executed a will before his or her death.
    Trust property means real or personal property, or an interest 
therein, which the United States holds in trust for the benefit of an 
individual Indian.
    Will or last will and testament means a written testamentary 
document, including any properly executed written changes, called 
codicils, which was signed by the decedent and was attested by two 
disinterested adult witnesses, that states who will receive the 
decedent's trust or restricted property.