43 C.F.R. § 4.200   How to use this subpart.


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Scope of Subpart; Definitions

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§ 4.200   How to use this subpart.

(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.......  §§ 4.200 and 4.201.(2) The probate of trust estates of      §§ 4.202 through Indians who die possessed of trust       4.282 and 4.310 through 4.323. property.(i) Probate matters generally..........  §§ 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        §§ 4.212 through before an attorney decision maker.       4.215.(iii) Formal probate proceedings before  §§ 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  §§ 4.300 through interests of decedents under special     4.308. laws applicable to particular tribes.(4) Appeals to the Board of Indian       §§ 4.330 through Appeals from actions or decisions of     4.340. BIA.(5) Determinations under the White       §§ 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]

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