[Code of Federal Regulations] [Title 43, Volume 1] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 43CFR4.200] [Page 83] 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 How to use this subpart. Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410; Pub. L. 99- 264, 100 Stat. 61, as amended. 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 Subpart; Definitions Source: 66 FR 67656, Dec. 31, 2001, unless otherwise noted. (a) The following table is a guide to the contents of this subpart by subject matter. ------------------------------------------------------------------------ For provisions relating to . . . consult . . . ------------------------------------------------------------------------ (1) All proceedings in subpart D....... Sec. Sec. 4.200 and 4.201. (2) The probate of trust estates of Sec. Sec. 4.202 through Indians who die possessed of trust 4.282 and 4.310 through 4.323. property. (i) Probate matters generally.......... Sec. Sec. 4.202, 4.206, 4.208, 4.210, 4.211, 4.250 through 4.270, 4.273 through 4.282, and 4.310 through 4.323. (ii) Informal probate proceedings Sec. Sec. 4.212 through before an attorney decision maker. 4.215. (iii) Formal probate proceedings before Sec. Sec. 4.203 through an administrative law judge or Indian 4.205, 4.207, 4.216 through probate judge. 4.242, 4.271, and 4.272. (3) Tribal purchase of certain property Sec. Sec. 4.300 through interests of decedents under special 4.308. laws applicable to particular tribes. (4) Appeals to the Board of Indian Sec. Sec. 4.330 through Appeals from actions or decisions of 4.340. BIA. (5) Determinations under the White Sec. Sec. 4.350 through Earth Reservation Land Settlement Act. 4.357. ------------------------------------------------------------------------ (b)(1) Except as provided in paragraph (b)(2) of this section, the regulations referred to in paragraph (a)(2) of this section 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 such tribe may be inconsistent with this subpart. (2) The regulations referred to in paragraph (a)(2) of this section do apply to trust or restricted property inherited by such deceased Indian or member of such tribe from someone who was a member of a tribe not included in paragraph (b)(1) of this section. (c) Except as limited by the provisions in this subpart, the rules in subparts A and B of this part apply to these proceedings. [70 FR 11812, Mar. 9, 2005]