43 C.F.R. § 4.300 Authority and scope.
Title 43 - Public Lands: Interior
(a) Sections 4.300 through 4.308 apply to formal proceedings in Indian probate that relate to the tribal purchase of a decedent's interests in the trust and restricted land shown in the following table. (b) In the exercise of probate authority, an administrative law judge or Indian probate judge will determine— (1) The entitlement of a tribe to purchase a decedent's interests in trust or restricted land under the statutes; (2) The entitlement of a surviving spouse to reserve a life estate in one-half of the surviving spouse's interests that have been purchased by a tribe; and (3) The fair market value of such interests, including the value of any life estate reserved by a surviving spouse. (c) In making a determination under paragraph (b)(1) of this section, the following issues will be determined by the official tribal roll, which is binding upon the administrative law judge or Indian probate judge: (1) Enrollment or refusal of the tribe to enroll a specific individual; and (2) Specification of blood quantum, where pertinent. (d) For good cause shown, the administrative law judge or Indian probate judge may stay the probate proceeding to permit an aggrieved party to pursue an enrollment application, grievance, or appeal through the established procedures applicable to the tribe.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Tribal Purchase of Interests Under Special Statutes
§ 4.300 Authority and scope.
------------------------------------------------------------------------ Legislation governing Location of trust or restricted land purchase------------------------------------------------------------------------(1) Yakima Reservation or within the area The Act of December 31, 1970 ceded by the Treaty of June 9, 1855 (12 (Pub. L. 91-627; 84 Stat. Stat. 1951). 1874; 25 U.S.C. 607 (1976)), amending section 7 of the Act of August 9, 1946 (60 Stat. 968).(2) Warm Springs Reservation or within the The Act of August 10, 1972 area ceded by the Treaty of June 25, 1855 (Pub. L. 92-377; 86 Stat. (12 Stat. 37). 530).(3) Nez Perce Indian Reservation or within The Act of September 29, the area ceded by the Treaty of June 11, 1972 (Pub. L. 92-443; 86 1855 (12 Stat. 957). Stat. 744).------------------------------------------------------------------------
