[Federal Register Volume 65, Number 85 (Tuesday, May 2, 2000)]
[Rules and Regulations]
[Pages 25449-25450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10869]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 4

RIN 1090-AA75


Summary Distribution

AGENCY: Office of Hearings and Appeals, Office of the Secretary, 
Interior.

ACTION: Technical amendment.

-----------------------------------------------------------------------

SUMMARY: The Office of Hearings and Appeals (OHA) today is making a 
technical change to its rules regarding summary distribution of 
decedents estates as published on August 24, 1999, (64 FR 46152). Under 
the existing regulations, Bureau of Indian Affairs (BIA) 
Superintendents are identified as the authority to make summary 
distributions when an Indian dies intestate leaving only trust personal 
property or cash valued at less than $5,000. The appeals procedure for 
OHA acknowledges appeals from summary distribution decisions made by 
BIA superintendents. The technical change now refers only to ``the 
Bureau of Indian Affairs'' as the authority for making summary 
distribution decisions (and against whom an aggrieved party may appeal 
to OHA), recognizing the authority of the BIA to designate the 
superintendent, or other officials as may

[[Page 25450]]

be appropriate, to make such summary distribution decisions.

EFFECTIVE DATE: May 2, 2000.

FOR FURTHER INFORMATION CONTACT: Charles E. Breece, Deputy Director, 
Office of Hearings and Appeals, U.S. Department of the Interior, 4015 
Wilson Boulevard, Arlington, Virginia 22203. Telephone: 703/235-3810.

SUPPLEMENTARY INFORMATION: This technical amendment is being published 
pursuant to the revised High Level Implementation Plan (HLIP) filed 
with the U.S. District Court for the District of Columbia in connection 
with the Cobell v. Babbitt case. Among other representations in the 
HLIP, the Department of the Interior has committed to making a 
technical amendment to the summary distribution regulations at 43 CFR 
4.271. The Department has further committed to promulgate this 
technical amendment by April 30, 2000. The technical amendments to 
sections 4.271 and 4.320 of 43 CFR do not impact the substance of the 
regulations but increase the flexibility of the Department to direct 
resources as appropriate to the caseload of pending summary 
distribution cases. Consequently, the technical amendment acknowledges 
the authority of the BIA to delegate its authority to make such summary 
distribution decision to other BIA officials as deemed qualified to 
perform this function. Pursuant to 5 U.S.C. 553(b), public comment is 
not required for this technical amendment as this amendment does not 
make any substantive regulatory change and simply promotes 
administrative efficiency. Pursuant to 5 U.S.C. 553(d), the rulemaking 
will take effect immediately for good cause as the caseload of the BIA 
for summary distribution of Indian decedents' estates and the HLIP 
require, as may be appropriate, the delegation of certain other 
qualified officials of the BIA other than its agency superintendents.

List of Subjects in 43 CFR Part 4

    Administrative practice and procedure, Claims, Indians, Public 
lands.

PART 4--[AMENDED]

    1. The authority citation for Part 4 continues to read as follows:

    Authority: R.S. 2478, as amended, 43 U.S.C. sec. 1201, unless 
otherwise noted.

    2. Section 4.271 is revised to read as follows:


Sec. 4.271  Summary distribution.

    When an Indian dies intestate leaving only trust personal property 
or cash of a value of less than $5,000, not including any interest that 
may have accrued after the death of the decedent, the Bureau of Indian 
Affairs will assemble the apparent heirs and hold an informal hearing 
to determine the proper distribution of the estate, unless it appears 
that the decedent left a last will and testament intending to devise 
his estate, and/or the decedent dies possessed of an interest in trust 
or restricted real property. A memorandum covering the hearing will be 
retained in the agency files showing the date of the decedent's death, 
the date of the hearing, the persons notified and attending the 
hearing, the amount on hand, and its disposition. In the disposition of 
such funds, the Bureau of Indian Affairs will credit the balance, if 
any, to the legal heirs. When requested by the Bureau of Indian 
Affairs, an administrative law judge may assume jurisdiction to dispose 
of creditors' claims or to make distribution determinations if the 
administrative law judge finds that exceptional circumstances exist. A 
party in interest may appeal a distribution determination in accordance 
with 43 CFR 4.320.

    3. Section 4.320 is amended by revising the introductory text to 
read as follows:


Sec. 4.320  Who may appeal.

    A party in interest has a right to appeal to the Board of Indian 
Appeals from an order from an administrative law judge on a petition 
for rehearing, petition for reopening, or regarding tribal purchase of 
interests in a deceased Indian's trust estate, and also from a summary 
distribution order made by the Bureau of Indian Affairs or an 
administrative law judge pursuant to Sec. 4.271.
* * * * *

    Dated: April 26, 2000.
John Berry,
Assistant Secretary, Policy, Management and Budget.
[FR Doc. 00-10869 Filed 5-1-00; 8:45 am]
BILLING CODE 4310-RK-M