[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR91.9]

[Page 289-290]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 91--GOVERNMENT OF INDIAN VILLAGES, OSAGE RESERVATION, OKLAHOMA--Table of Contents
 
Sec. 91.9  Inheritance of improvements.

    (a) Upon the death of the owner of improvements in a village 
reserve, such improvements shall, in probate matters, be subject to the 
jurisdiction of the county courts, State of Oklahoma, and shall be 
subject to inheritance or bequest in accordance with applicable State 
and Federal laws. The land within a village reserve is held in trust for 
the benefit of tribal members and is not subject to inheritance or 
purchase.
    (b) When such improvements or interests therein are inherited by or 
bequeathed to a non-tribal member, he or she shall dispose of such 
improvements in the manner provided for disposition of improvements by 
purchaser under Sec. 91.8: Provided, That when such non-tribal member is 
a legally adopted minor child such child may continue to occupy the land 
during its minority: Provided, further, That when such non-tribal member 
is the surviving spouse such individual, so long as he or she remains 
single may continue to occupy the land during his or her lifetime or may 
sell the improvements as provided herein and may receive a proceeds 
therefrom. In the event such surviving spouse remarries, the right to 
continuous occupancy of the land pursuant to this Sec. 91.9 shall 
terminate and such surviving spouse shall make disposition of such 
improvements as provided for purchasers in Sec. 91.8. If upon the death 
of the surviving spouse title to the improvements vests in a non-tribal 
member, they shall be sold as provided in Sec. 91.8 and the proceeds 
distributed to the persons entitled thereto.
    (c) Improvements inherited by tribal members may be occupied or 
rented in accordance with Sec. 91.10: Provided, No tribal member shall 
be issued more than two permits or own more than two sets of 
improvements, one of which

[[Page 290]]

must be inherited property and one occupied by the tribal member: 
Provided, further, No tribal member shall be permitted to retain more 
than one set of improvements for rental. If this provision is violated, 
the tribal member will have three years, from the date of written notice 
from the Superintendent that such provision has been violated, within 
which to dispose of the surplus property in accordance with Sec. 91.8.