[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: 43CFR4.202]

[Page 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. 4.202  General authority of OHA deciding officials.

    An OHA deciding official will, except as otherwise provided in 
Sec. 4.205(b) and 25 CFR 15.203 and 15.206, determine the heirs of any 
Indian who dies intestate possessed of trust property; approve or 
disapprove the will of a deceased Indian disposing of trust property; 
accept or reject any full or partial renunciation of interest in both 
testate and intestate proceedings; allow or disallow creditors' claims 
against the estate of a deceased Indian; and decree the distribution of 
trust property to heirs and devisees, including the partial distribution 
to known heirs or devisees where one or more potential heirs or devisees 
are missing but not presumed dead, after attributing to and setting 
aside for such missing person or persons the share or shares such person 
or persons would be entitled to if living. An OHA deciding official will 
determine the right of a tribe to take any inherited interest and the 
fair market value of the interest taken in appropriate cases as provided 
by statute. He or she will review each case de novo, hold hearings as 
necessary or appropriate, and issue decisions in matters appealed from 
decisions of BIA deciding officials. Administrative law judges will also 
hold hearings and issue recommended decisions in matters referred to 
them by the Board in the Board's consideration of appeals from 
administrative actions of BIA officials.

 Determination of Heirs; Approval of Wills; Settlement of Indian Trust 
                                 Estates

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