[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: 43CFR4.203]

[Page 67-68]
 
                    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. 4.203  Determination as to nonexistent persons and other irregularities of allotments.

    (a) An OHA deciding official will hear and determine whether trust 
patents covering allotments of land were issued to nonexistent persons, 
and whether more than one trust patent covering allotments of land had 
been issued to the same person under different names and numbers or 
through other errors in identification.
    (b) If an OHA deciding official determines under paragraph (a) of 
this section that a trust patent issued to an existing person and/or 
that separate persons received the allotments under consideration and 
any one of them is deceased, without having had his or her estate 
probated, the OHA deciding official must proceed as provided in 
Sec. 4.202.

[[Page 68]]

    (c) If an OHA deciding official determines under paragraph (a) of 
this section that a person did not exist or that more than one allotment 
was issued to the same person, the OHA deciding official must issue a 
decision to that effect, giving notice thereof to parties in interest as 
provided in Sec. 4.240(b).