[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: 43CFR4.203]



[Page 86]

 

                    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 administrative law judge or Indian probate judge will hear 

and determine:

    (1) Whether trust patents covering allotments of land were issued to 

nonexistent persons; and

    (2) 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) The administrative law judge or Indian probate judge will 

proceed as provided in Sec.  4.202(c) if he or she determines under 

paragraph (a) of this section that:

    (1) A trust patent was issued to an existing person, or separate 

persons received the allotments under consideration; and

    (2) Any such person is deceased without having had his or her estate 

probated.

    (c) The administrative law judge or Indian probate judge will issue 

a decision setting forth his or her determination, and will provide 

notice thereof to interested parties under Sec.  4.240(b), if he or she 

determines under paragraph (a) of this section that either:

    (1) A person did not exist; or

    (2) More than one allotment was issued to the same person.