43 C.F.R. § 4.207 Settlement agreement.
Title 43 - Public Lands: Interior
(a) An administrative law judge or Indian probate judge may approve a settlement agreement between interested parties resolving any issue in the probate proceeding if he or she finds that: (1) All parties to the agreement are fully advised as to all material facts; (2) All parties to the agreement are fully cognizant of the effect of the agreement on their rights; and (3) It is in the best interest of the parties to settle rather than to continue litigation. (b) In considering the proposed settlement agreement, the administrative law judge or Indian probate judge may take and receive evidence as to the respective values of specific items of property. Superintendents and irrigation project engineers must supply all necessary information concerning any liability or lien for payment of irrigation construction and of irrigation operation and maintenance charges. (c) If the administrative law judge or Indian probate judge approves the settlement agreement under paragraph (a) of this section, he or she will issue a final order approving the settlement agreement and distributing the estate in accordance with its provisions. This order will be construed as any other order of distribution establishing title in heirs and beneficiaries and will not be construed as a partition or sale transaction within the provisions of 25 CFR part 152. (1) If land titles are to be transferred, the necessary deeds must be prepared and executed at the earliest possible date. (2) Upon failure or refusal of any interested party to execute and deliver any deed necessary to accomplish the settlement, the administrative law judge or Indian probate judge will settle the issues and enter an order as if no agreement had been attempted. (d) Administrative law judges or Indian probate judges are authorized to approve all deeds or conveyances necessary to accomplish a settlement under this section.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Determination of Heirs; Approval of Wills; Settlement of Indian Trust Estates
§ 4.207 Settlement agreement.
