7500 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

to, 18 U.S.C. 1001) imposes criminal 

sanctions on individuals who 

knowingly and willfully make material 

false statements to the U.S. Government. 

In addition, I am aware that, even if this 

submission may be withdrawn from the 

record of the AD/CVD proceeding, the 

Department may preserve this 

submission, including a business 

proprietary submission, for purposes of 

determining the accuracy of this 

certification. I certify that I am filing a 

copy of this signed certification with 

this submission to the U.S. Department 

of Commerce and that I will retain the 

original for a five-year period 

commencing with the filing of this 

document. The original will be available 

for inspection by U.S. Department of 

Commerce officials. 

Signature: lllllllllllll

Date: llllllllllllllll

**For multiple representative 

certifications, all representatives and 

their firms should be listed in the first 

sentence of the certification and all 

representatives should sign and date the 

certification. In addition, singular 

pronouns and possessive adjectives 

should be changed accordingly, e.g., ‘‘I’’ 

should be changed to ‘‘we’’ and ‘‘my 

knowledge’’ should be changed to ‘‘our 

knowledge.’’ 

[FR Doc. 2011–2761 Filed 2–9–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 15 

Office of the Secretary 

43 CFR Parts 4, 30 

[Docket ID: BIA–2009–0001] 

RIN 1076–AF07 

Indian Trust Management Reform— 

Implementation of Statutory Changes 

AGENCY: Bureau of Indian Affairs, Office 

of the Secretary, Interior. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This interim final rule 

implements the latest statutory changes 

to the Indian Land Consolidation Act, as 

amended by the 2004 American Indian 

Probate Reform Act and later 

amendments (ILCA/AIPRA). These 

changes primarily affect the probate of 

permanent improvements owned by a 

decedent that are attached to trust or 

restricted property owned by the 

decedent. These changes also affect the 

purchase of small fractional interests at 

probate by restricting who may 

purchase without consent and what 

interests may be purchased without 

consent. 

DATES: This interim final rule is 

effective on February 10, 2011. Submit 

comments by March 14, 2011. 

ADDRESSES: You may submit comments 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2009–0001. 

If you would like to submit comments 

through the Federal e-Rulemaking 

Portal, go to http:// 

www.regulations.gov and do the 

following. Go to the box entitled 

‘‘Enter Keyword or ID,’’ type in ‘‘BIA– 

2009–0001,’’ and click the ‘‘Search’’ 

button. The next screen will display 

the Docket Search Results for the 

rulemaking. If you click on BIA– 

2009–0001, you can view this rule 

and submit a comment. You can also 

view any supporting material and any 

comments submitted by others. 

—E-mail: Michele.Singer@bia.gov. 

Include the number 1076–AF07 in the 

subject line of the message. 

—Fax: (505) 563–3811. Include the 

number 1076–AF07 in the subject line 

of the message. 

—Mail: Michele Singer, Office of 

Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1001 Indian School Road, 

NW., Suite 312, Albuquerque, NM 

87104. Include the number 1076– 

AF07 in the subject line of the 

message. 

—Hand delivery: Michele Singer, Office 

of Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1001 Indian School Road, 

NW., Suite 312, Albuquerque, NM 

87104. Include the number 1076– 

AF07 in the subject line of the 

message. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments set to an address 

other than those listed above will not be 

included in the docket for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Michele Singer, Office of Regulatory 

Affairs & Collaborative Action, U.S. 

Department of the Interior, 1001 Indian 

School Road, NW., Suite 312, 

Albuquerque, NM 87104, phone: (505) 

563–3805; fax: (505) 563–3811; e-mail: 

Michele.Singer@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Description of Changes 

A. Purchase at Probate 

B. Permanent Improvements 

1. Rule of Descent When Decedent Died 

Intestate 

2. Presumption When Decedent Died 

Testate (i.e., With a Valid Will) 

3. Jurisdiction Over Permanent 

Improvements 

4. Recourse To Avoid Potential 

Diminishment or Destruction of 

Permanent Improvements Pending 

Probate 

C. List of All Regulatory Changes Made by 

This Interim Final Rule 

III. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

G. Civil Justice Reform (E.O. 12988) 

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

K. Information Quality Act 

L. Effects on the Energy Supply (E.O. 

13211) 

M. Clarity of This Regulation 

N. Public Availability of Comments 

O. Determination To Issue an Interim Final 

Rule With Immediate Effective Date 

I. Background 

On November 13, 2008, the U.S. 

Department of the Interior published a 

final rule related to Indian trust 

management in the areas of probate, 

probate hearings and appeals, Tribal 

probate codes, and life estates and 

future interests in Indian land (73 FR 

67256). The final rule updated 

regulations to, among other things, 

implement ILCA/AIPRA. On November 

20, 2008, Congress passed a bill that 

made several changes to ILCA/AIPRA. 

On December 2, 2008, the President 

signed the bill into law. See Public Law 

110–453. This interim final rule updates 

the affected regulatory provisions to 

reflect the changes that Public Law 110– 

453 made to ILCA, as amended by 

AIPRA. 

II. Description of Changes 

There are two main subjects covered 

by this interim final rule: purchase at 

probate and the treatment of permanent 

improvements. This interim final rule 

also makes additional, non-substantive 

clarifications. 


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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 7501 

A. Purchase at Probate 

Public Law 110–453 amended 

statutory provisions regarding the 

purchase at probate of small undivided 

interests. Previously, ILCA/AIPRA had 

stated that an heir’s consent was not 

required for the purchase of an interest 

that would pass to the heir through 

intestate succession if the interest 

passing was less than 5 percent of the 

entire undivided ownership in the 

parcel. The public law changed ILCA/ 

AIPRA, to provide that the heir’s 

consent is not required for the purchase 

of an interest, under specified 

conditions, where the decedent’s 

interest in the parcel, rather than the 

interest passing to the heir, is less than 

5 percent of the entire undivided 

ownership in the parcel. 

The conditions specified in the public 

law for purchase without consent are 

that: (1) The interest is passing by 

intestate succession; (2) the decedent’s 

interest in the land represents less than 

5 percent of the entire undivided 

ownership in the parcel; (3) either the 

Secretary, under the Indian Land 

Consolidation Program on behalf of the 

Tribe with jurisdiction over the parcel, 

or the Tribe itself, purchases the 

interest; (4) the heir or surviving spouse 

is not living on the parcel; and (5) if the 

Tribe is the purchaser, the heir or 

surviving spouse is not a member or 

eligible to be a member of the Tribe. 

Therefore, under the changes made by 

the public law, the consent of an heir is 

not required for purchase of an interest 

at probate that would pass via intestate 

succession, if the decedent’s interest is 

less than 5 percent of the entire 

undivided ownership in the parcel, and 

if the Secretary or the Indian Tribe with 

jurisdiction, under the circumstances 

explained above, purchases the interest. 

To address this statutory change, this 

interim final rule revises 43 CFR 30.163 

to change the threshold for consent to 

whether the decedent owns less than 5 

percent of the entire undivided 

ownership in the parcel, and to 

incorporate the new limitations 

regarding who may purchase at probate 

without consent. 

B. Permanent Improvements 

Public Law 110–453 amended ILCA/ 

AIPRA to specify what happens to 

permanent improvements when 

someone dies owning both trust land, or 

an interest in trust land, and a 

permanent improvement, or an interest 

in the permanent improvement, 

attached to that trust land. 

1. Rule of Descent When Decedent Died 

Intestate 

The Public Law established a rule of 

descent for permanent improvements 

attached to trust or restricted property 

where the decedent owns an interest in 

both the permanent improvement and 

the underlying trust or restricted 

property. The rule of descent is that the 

decedent’s interest in any permanent 

improvement attached to trust property 

will descend with the decedent’s 

interests in the underlying trust 

property, where the decedent died 

intestate. This rule of descent will apply 

only if a Tribal probate code approved 

pursuant to 25 U.S.C. 2205, or approved 

consolidation agreement does not 

provide for a different descent. If a 

Tribal probate code approved pursuant 

to 25 U.S.C. 2205 or approved 

consolidation agreement specifies how 

permanent improvements will descend, 

then that code or agreement will govern. 

If there is a renunciation, then the 

person receiving the interest in the 

underlying trust or restricted land under 

the renunciation will also receive the 

interest in the permanent improvement. 

The rule of descent applies only to 

decedents who died on or after 

December 2, 2008 (the effective date of 

Pub. L. 110–453). Therefore, if a 

decedent owned an interest in a parcel 

that is trust or restricted property, and 

also owned an interest in the house on 

that parcel, then ownership of the 

decedent’s interest in the house passes 

to the heir(s) receiving the decedent’s 

interest in the parcel, if (1) The 

decedent died on or after December 2, 

2008; (2) there is no applicable and 

approved Tribal probate code or 

consolidation agreement among the 

heirs stating otherwise; and (3) the 

heir(s) have not renounced the interest 

in the parcel. 

2. Presumption When Decedent Died 

Testate (i.e., With a Valid Will) 

Public Law 110–453 also amended 

ILCA/AIPRA to establish a presumption 

for permanent improvements attached 

to trust or restricted property where the 

decedent owned an interest in both the 

permanent improvement and the 

underlying trust or restricted property. 

When a decedent dies with a valid will 

that devises the decedent’s interests in 

trust land, the presumption is that the 

devise includes the interest of the 

decedent in any permanent 

improvements attached to that trust 

land. 

The presumption applies only to 

decedents who died on or after 

December 2, 2008. Therefore, if a 

decedent owned an interest in a parcel 

that is trust or restricted property, and 

also owned an interest in the house on 

that parcel, then ownership of the 

decedent’s interest in the house passes 

to the devisee(s) receiving the 

decedent’s interest in the parcel, if (1) 

the decedent died on or after December 

2, 2008; and (2) the will does not 

expressly provide otherwise. 

3. Jurisdiction Over Permanent 

Improvements 

As a general rule, the Department 

considers permanent improvements to 

be non-trust property, and OHA does 

not probate them. The Department does 

not keep an inventory of permanent 

improvements on trust or restricted 

lands, nor is the Department responsible 

for maintaining the covered permanent 

improvements on trust lands. 

Nevertheless, in cases where the 

decedent died on or after December 2, 

2008, the Administrative Law Judges 

(ALJs) and Indian Probate Judges (IPJs) 

will include in probate orders a general 

statement of the substantive law of 

descent or devise of permanent 

improvements. The orders will 

determine the heirs or devisees of trust 

property and direct its distribution, as 

usual. The courts of competent 

jurisdiction that normally probate nontrust property (i.e., Tribal and State 

courts) would then apply the 

substantive rules of descent or devise, as 

stated in ILCA/AIPRA, to any non-trust 

permanent improvements, based on the 

ALJ’s or IPJ’s determination of heirs or 

devisees and their respective interests. 

If the Tribal or State court has already 

completed the probate of the decedent’s 

non-trust property by the time the ALJ 

or IPJ issues a probate order, the heirs 

or devisees may have the opportunity to 

petition the Tribal or State court to 

reopen the estate, if necessary, to reflect 

the proper descent or devise of the 

decedent’s interest in any non-trust 

permanent improvements. 

C. List of All Regulatory Changes Made 

by This Interim Final Rule 

‘‘Trust estate’’ 

The interim final rule changes ‘‘trust 

estate’’ to ‘‘estate’’ in several sections: 25 

CFR 15.1, 15.2 (definition of ‘‘you or I’’), 

15.12; 43 CFR 4.320, 30.100, 30.101 

(definition or ‘‘you or I’’), 30.110, 30.140. 

This is not a substantive change. This 

change has been made because ‘‘estate’’ 

is already defined to mean ‘‘the trust or 

restricted land and trust personalty 

owned by the decedent at the time of 

death,’’ making the phrase ‘‘trust estate’’ 

redundant. 


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7502 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

25 CFR Part 15 

Section 15.2 What definitions do I 

need to know? 

In the definition of ‘‘summary probate 

proceeding,’’ the word ‘‘does’’ is changed 

to ‘‘did’’ to correct the tense. This is not 

a substantive change; it is merely a 

grammatical change that is appropriate 

because the threshold amount will be 

determined as of a past date (the date of 

death). 

Section 15.10 What assets will the 

Secretary probate? 

The interim final rule deletes 

references to ‘‘estate’’ in this section to 

eliminate the redundancy in the phrase 

‘‘trust or restricted land or personalty in 

an estate’’ and to better explain what the 

Secretary probates. For consistency, the 

interim final rule also changes the 

heading to this section from ‘‘Will the 

Secretary probate all the land and assets 

in an estate?’’ to ‘‘What assets will the 

Secretary probate?’’ This change clarifies 

what the Secretary probates by 

explaining what is in an estate, rather 

than referring to the term. 

Section 15.202 What items must the 

agency include in the probate file? 

This section addresses what items the 

agency must include in the probate file. 

Paragraph (e) requires that a certified 

inventory of trust and restricted land be 

included, and states that such inventory 

should include ‘‘accurate and adequate 

descriptions of all land and 

appurtenances.’’ The interim final rule 

deletes the phrase ‘‘and appurtenances’’ 

because BIA does not maintain records 

on appurtenances, and appurtenances 

have not been, and are not included in 

certified inventories. Deleting ‘‘and 

appurtenances’’ is consistent with the 

change that Public Law 110–453 made 

to the definition of ‘‘land’’ in 25 U.S.C. 

2201(7). That definition used to read, 

‘‘any real property, and includes within 

its meaning for purposes of this Act 

improvements permanently affixed to 

real property.’’ Congress deleted the 

reference to ‘‘improvements 

permanently affixed to real property,’’ 

and the definition now reads simply, 

‘‘any real property.’’ 

Section 15.203 What information must 

Tribes provide BIA to complete the 

probate file? 

This section clarifies that a Tribal 

probate order, where one exists, is 

among the documents that the 

Department may request to complete the 

probate file. While not binding on the 

Department, the Tribal probate order 

may provide relevant information 

regarding heirship, paternity, adoption, 

marriage, divorce, or other relevant 

matters. OHA may also refer to the 

Tribal probate order for determinations 

about non-trust permanent 

improvements that may be relevant in 

cases involving consolidation 

agreements and renunciations. 

43 CFR Part 4 

Section 4.324 How is the record on 

appeal prepared? 

The interim final rule amends this 

section to more accurately reflect the 

actual process as set forth in 43 CFR 

30.233, wherein the ALJ provides the 

record to the LTRO after the probate is 

completed (rather than the agency 

providing the record to the LTRO). In 

the event of an appeal to the Interior 

Board of Indian Appeals, the ALJ or IPJ 

must also provide a transcript of the 

hearing to the LTRO, for inclusion in 

the record. 

The interim final rule also updates the 

language, deleting the verb ‘‘conform’’ 

and instead using plain language to 

explain that the LTRO copies the record 

before sending the original to the Board 

and a copy to the agency to have 

available for public inspection. Where 

the current regulation specifies that the 

LTRO must send the original record to 

the Board by certified mail, the interim 

final rule adds ‘‘or other service with 

delivery confirmation’’ to allow for the 

use of delivery services such as DHL, 

FedEx, and UPS. 

43 CFR Part 30 

Section 30.100 How do I use this part? 

In addition to replacing ‘‘trust estate’’ 

with ‘‘estate’’ in paragraph (a)(6), the 

interim final rule adds ‘‘or restricted’’ to 

clarify that probate of the estates of 

Indians who die possessed of trust or 

restricted property are governed by this 

part. 

Section 30.101 What definitions do I 

need to know? 

The interim final rule adds a 

definition of ‘‘covered permanent 

improvement’’ to this section to 

incorporate the definition from Public 

Law 110–453, which establishes rules of 

descent and devise. 

In the definition for ‘‘summary 

probate proceeding,’’ the word ‘‘does’’ is 

changed to ‘‘did’’ to correct the tense. 

This is the same change made to the 

definition in 25 CFR 15.2, and is not a 

substantive change. 

Section 30.102 What assets will the 

Secretary probate? 

As in 25 CFR 15.10, the interim final 

rule deletes references to ‘‘estate’’ in this 

section to eliminate the redundancy in 

the phrase ‘‘trust or restricted land or 

personalty in an estate’’ and to better 

explain what the Secretary probates. For 

consistency, the interim final rule also 

changes the heading to this section from 

‘‘Will the Secretary probate all the land 

and assets in an estate?’’ to ‘‘What assets 

will the Secretary probate?’’ This change 

clarifies what the Secretary probates by 

explaining what is in an estate, rather 

than referring to the term. 

Section 30.128 What happens if an 

error in BIA’s estate inventory is 

alleged? 

The interim final rule deletes the 

word ‘‘interests’’ from this section as 

superfluous because the phrase ‘‘trust 

property’’ includes any interests therein. 

This is not a substantive change. 

Section 30.142 Will a judge authorize 

payment of a claim from the trust estate 

if the decedent’s non-trust estate was or 

is available? 

The interim final rule changes ‘‘trust 

or restricted property’’ to ‘‘estate,’’ and 

changes ‘‘estate’’ to ‘‘property,’’ for 

clarity. 

Section 30.143 Are there any 

categories of claims that will not be 

allowed? 

The interim final rule adds the word 

‘‘the’’ where it was inadvertently 

omitted. 

Section 30.151 May the devisees or 

eligible heirs in a probate proceeding 

consolidate their interests? 

The interim final rule adds that a 

consolidation agreement may include 

the interests of the decedent, the 

devisees, or eligible heirs in any covered 

permanent improvements attached to a 

parcel of trust or restricted land in the 

decedent’s trust inventory. The rule also 

adds ‘‘devisees or’’ where it was 

inadvertently omitted and simplifies the 

language by omitting the statutory 

references. 

Section 30.160 What may be 

purchased at probate? 

The interim final rule deletes the 

phrase ‘‘of a trust or restricted estate’’ 

because the meaning of this phrase is 

already captured in ‘‘estate.’’ 

Section 30.163 Is consent required for 

a purchase at probate? 

The interim final rule rewrites this 

section to incorporate the change Public 

Law 110–453 made to the threshold for 

consent. The threshold is now measured 

by the decedent’s percentage of 

ownership in a parcel, rather than the 

interest passing to the heir. The revised 

section also incorporates the change 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 7503 

Public Law 110–453 made allowing 

only the Tribe with jurisdiction over the 

interest or the Department, on behalf of 

the Tribe with jurisdiction, to purchase 

certain intestate interests without 

consent. 

Section 30.167 How does OHA decide 

whether to approve a purchase at 

probate? 

The interim final rule incorporates the 

change Public Law 110–453 made to 

ILCA/AIPRA, which specifies that, if 

multiple eligible purchasers make 

requests to purchase at probate, the heir, 

devisee, or surviving spouse may select 

the eligible purchaser. 

Section 30.170 What may I do if I 

disagree with the judge’s determination 

to approve a purchase at probate? 

The interim final rule updates a 

section number reference to 

accommodate the new section 30.236. 

Section 30.236 How are covered 

improvements treated? 

The interim final rule adds a new 

section to detail how ‘‘covered 

permanent improvements,’’ which are 

defined in section 30.101, are treated. 

Remaining sections are renumbered to 

accommodate the insertion of this new 

section. 

Section 30.238 May I file a petition for 

rehearing if I disagree with the judge’s 

decision in the formal probate hearing? 

The interim final rule updates a 

section number reference to 

accommodate the new section 30.236. 

Section 30.243 May a closed probate 

case be reopened? 

The interim final rule corrects a 

paragraph numbering error that resulted 

in two paragraphs (a)(2); the second has 

been renumbered (a)(3). 

Section 30.262 When may a Tribe 

exercise its statutory option to 

purchase? 

The interim final rule updates a 

section number reference to 

accommodate the new section 30.236. 

Section 30.266 When is a final 

decision issued? 

The interim final rule updates a 

section number reference to 

accommodate the new section 30.236. 

III. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866) 

This interim final rule is not a 

significant rule and the Office of 

Management and Budget has not 

reviewed this rule under Executive 

Order 12866. This rule implements 

statutory changes regarding permanent 

improvements owned by a decedent on 

trust or restricted property owned by the 

decedent and purchased at probate. 

The changes regarding permanent 

improvements incorporate statutory 

changes regarding the rule of descent, in 

intestate cases, and a presumption, in 

testate cases, for permanent 

improvements attached to trust or 

restricted land, where the decedent 

owns an interest in both the permanent 

improvement and underlying trust or 

restricted land. 

The changes regarding purchase at 

probate specify when an heir or 

surviving spouse’s interest may be 

purchased at probate without his or her 

consent, generally restricting when such 

purchases without consent may be 

made. First, this interim final rule states 

that a purchase without consent at 

probate may be made only if the 

decedent’s interest was less than 5 

percent of the entire undivided interests 

in the parcel, which will be true in 

fewer cases than if the measurement 

were whether the interest passing to the 

heir is less than 5 percent of the entire 

undivided interest in the parcel. 

Second, this interim final rule restricts 

who may purchase without consent to 

the Secretary when purchasing the 

interest under the Indian Land 

Consolidation program on behalf of the 

Tribe with jurisdiction over the parcel, 

and the Tribe itself, in those cases in 

which the heir or surviving spouse is 

not a member or eligible to be a member 

of the Tribe. 

(1) This rule will not have an effect of 

$100 million or more on the economy or 

adversely affect in a material way the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or Tribal 

governments or communities. This rule 

will have no effect on the economy 

because it merely updates the 

regulations to reflect changes in ILCA/ 

AIPRA made by Congress. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency because the Department 

is the only agency with authority for 

handling Indian trust management 

issues related to probate. This rule does 

not affect the jurisdiction of Tribal and 

State courts over permanent 

improvements. 

(3) This rule does involve 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients. The revisions have no 

budgetary effects and do not affect the 

rights or obligations of any recipients. 

(4) These regulatory changes directly 

implement statutory provisions and do 

not raise novel legal or policy issues. 

Overall, the impact of the rule is 

confined primarily to the Federal 

Government, individual Indians, and 

Tribes, and does not impose a 

compliance burden on the economy 

generally. Accordingly, this rule is not 

a ‘‘significant regulatory action’’ from an 

economic standpoint, nor does it 

otherwise create any inconsistencies, 

materially alter any budgetary impacts, 

or raise novel legal or policy issues. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). It does not change 

current funding requirements or 

regulate small entities. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This interim final rule is not a major 

rule under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. It will not result in the 

expenditure by State, local, or Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year. Because this rule is 

limited to the probate of Indian trust 

estates, land, and assets within the 

United States and within Tribal 

communities, it will not result in a 

major increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions. Nor will 

this rule have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of the U.S.-based enterprises 

to compete with foreign-based 

enterprises. 

D. Unfunded Mandates Reform Act 

This interim final rule does not 

impose an unfunded mandate on State, 

local, or Tribal governments or the 

private sector of more than $100 million 

per year. The rule does not have a 

significant or unique effect on State, 

local, or Tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

E. Takings (E.O. 12630) 

Under the criteria in Executive Order 

12630, this interim final rule does not 

affect individual property rights 

protected by the Fifth Amendment nor 

does it involves a compensable ‘‘taking.’’ 


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7504 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

A takings implication assessment is not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in Executive Order 

13132, this interim final rule has no 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This rule 

implements a statutory change, in 

Public Law 110–453, which establishes 

a Federal rule of descent and a 

presumption for interpretation of wills 

with regard to permanent improvements 

on trust or restricted land owned by a 

decedent. This Federal rule of descent 

and presumption for interpretation of 

wills will override any State rule of 

descent or presumption; however, the 

State (through the county courts) will 

continue to have jurisdiction to order 

the distribution of non-trust permanent 

improvements (in the absence of Tribal 

jurisdiction). 

Because the rule does not affect the 

Federal government’s relationship to the 

States or the balance of power and 

responsibilities among various levels of 

government, it will not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

G. Civil Justice Reform (E.O. 12988) 

This interim final rule complies with 

the requirements of Executive Order 

12988. Specifically, this rule has been 

reviewed to eliminate errors and 

ambiguity and written to minimize 

litigation; and is written in clear 

language and contains clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments,’’ Executive Order 13175 

(59 FR 22951, November 6, 2000), and 

512 DM 2, we have evaluated the 

potential effects on Federally recognized 

Indian Tribes and Indian trust assets 

and have identified potential effects. 

The Department engaged Tribal 

government representatives throughout 

development of the final rule that is 

being amended by this interim final 

rule. During those consultations, Tribal 

representatives requested one of the 

changes that Congress passed and that 

this interim final rule implements, 

specifically, that the consent 

requirements for purchase at probate be 

measured with reference to the 

decedent’s ownership in the parcel, 

rather than with reference to the interest 

passing to the heir. Additional Tribal 

consultation regarding this rule is not 

required because it merely updates the 

regulations to reflect changes in ILCA/ 

AIPRA made by Congress, amends 

internal agency procedures and makes 

minor technical changes. 

I. Paperwork Reduction Act 

OMB Control No. 1076–0169 

currently authorizes the collections of 

information contained in 25 CFR part 

15. OMB Control No. 1076–0169 

authorizes 1,037,433 burden hours. This 

interim final rule clarifies an 

information collection requirement in 

section 15.203. This section requires 

Tribes to provide ‘‘any information’’ that 

BIA requires or requests to complete the 

probate file, and lists, as examples, a 

few specific items of information may 

be required or requested. The interim 

final rule adds to the specific items of 

information that may be required or 

requested a copy of the Tribal probate 

order, where one exists. This 

information collection requirement does 

not add to the number of responses, 

respondents, or type of information 

collected, and the time required to 

collect these additional items is covered 

by the 1,037,433 burden hours 

authorized under OMB Control No. 

1076–0169. As such, a new submission 

under the Paperwork Reduction Act is 

not required. If you have comments on 

this collection, please submit your 

comments to the person identified in 

the ADDRESSES section of this notice. 

J. National Environmental Policy Act 

This interim final rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. 

K. Information Quality Act 

In developing this interim final rule 

we did not conduct or use a study, 

experiment, or survey requiring peer 

review under the Information Quality 

Act (Pub. L. 106–554). 

L. Effects on the Energy Supply (E.O. 

13211) 

This interim final rule is not a 

significant energy action under the 

definition in Executive Order 13211. A 

Statement of Energy Effects is not 

required. 

M. Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the 

‘‘COMMENTS’’ section. To better help 

us revise the rule, your comments 

should be as specific as possible. For 

example, you should tell us the 

numbers of the sections or paragraphs 

that are unclearly written, which 

sections or sentences are too long, the 

sections where you believe lists or 

tables would be useful, etc. 

N. Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

O. Determination To Issue an Interim 

Final Rule With Immediate Effective 

Date 

This rule is being published as an 

interim final rule with request for 

comment, and without prior notice and 

comment, under 5 U.S.C. 553(b)(A) and 

(B). Under section 553(b)(A), rules of 

agency procedure or practice, such as 

the clarification concerning evidence 

the agency must provide, do not require 

a notice of proposed rulemaking. 

Under section 553(b)(B), the 

Department for good cause finds that 

prior notice and comment are 

unnecessary because this rule amends 

the existing rule to conform with 

statutory changes and eliminates 

inconsistencies between the 

Department’s probate regulations and 

ILCA/AIPRA as amended by Public Law 

110–453. Prior notice and comment are 

also unnecessary with respect to the 

balance of the changes effected by this 

rule because they are minor technical 

amendments. 

Under 5 U.S.C. 553(d)(3), the 

Department for good cause finds that 

this rule should be made effective upon 

publication in the Federal Register, 

rather than after the usual 30-day 


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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 7505 

period. This finding is based on the 

reasons explained above. 

We have requested comments on this 

interim final rule. We will review any 

comments received and, by a future 

publication in the Federal Register, 

address any comments received and 

confirm the interim final rule with or 

without change or initiate a proposed 

rulemaking. 

List of Subjects 

25 CFR Part 15 

Estates, Indians—law. 

43 CFR Part 4 

Administrative practice and 

procedure, Claims, Indians, Lawyers. 

43 CFR Part 30 

Administrative practice and 

procedure, Claims, Estates, Indians, 

Lawyers. 

For the reasons given in the preamble, 

the Department of the Interior amends 

chapter 1 of title 25 and subtitle A of 

title 43 of the Code of Federal 

Regulations as follows. 

TITLE 25—INDIANS 

Chapter 1—Bureau of Indian Affairs, 

Department of the Interior 

PART 15—PROBATE OF INDIAN 

ESTATES, EXCEPT FOR MEMBERS OF 

THE OSAGE NATION AND THE FIVE 

CIVILIZED TRIBES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 

372–74, 410, 2201 et seq.; 44 U.S.C. 3101 et 

seq. 

■ 2. Revise § 15.1(a) to read as follows: 

§ 15.1 What is the purpose of this part? 

(a) This part contains the procedures 

that we follow to initiate the probate of 

the estate of a deceased person for 

whom the United States holds an 

interest in trust or restricted land or 

trust personalty. This part tells you how 

to file the necessary documents to 

probate the estate. This part also 

describes how probates will be 

processed by the Bureau of Indian 

Affairs (BIA), and when probates will be 

forwarded to the Office of Hearings and 

Appeals (OHA) for disposition. 

* * * * * 

■ 3. In § 15.2, revise the definition of 

‘‘Summary probate proceeding’’ and 

revise the definition of ‘‘You or I’’ to read 

as follows: 

§ 15.2 What definitions do I need to know? 

* * * * * 

Summary probate proceeding means 

the consideration of a probate file 

without a hearing. A summary probate 

proceeding may be conducted if the 

estate involves only an IIM account that 

did not exceed $5,000 in value on the 

date of the decedent’s death. 

* * * * * 

You or I means an interested party, as 

defined herein, with an interest in the 

decedent’s estate unless the context 

requires otherwise. 

■ 4. Revise § 15.10 to read as follows: 

§ 15.10 What assets will the Secretary 

probate? 

(a) We will probate only the trust or 

restricted land, or trust personalty 

owned by the decedent at the time of 

death. 

(b) We will not probate the following 

property: 

(1) Real or personal property other 

than trust or restricted land or trust 

personalty owned by the decedent at the 

time of death; 

(2) Restricted land derived from 

allotments made to members of the Five 

Civilized Tribes (Cherokee, Choctaw, 

Chickasaw, Creek, and Seminole) in 

Oklahoma; and 

(3) Restricted interests derived from 

allotments made to Osage Indians in 

Oklahoma (Osage Nation) and Osage 

headright interests owned by Osage 

decedents. 

(c) We will probate that part of the 

lands and assets owned by a deceased 

member of the Five Civilized Tribes or 

Osage Nation who owned a trust interest 

in land or a restricted interest in land 

derived from an individual Indian who 

was a member of a Tribe other than the 

Five Civilized Tribes or Osage Nation. 

■ 5. In § 15.12, revise paragraph (a) to 

read as follows: 

§ 15.12 What happens if assets in an 

estate may be diminished or destroyed 

while the probate is pending? 

(a) This section applies if an 

interested party or BIA: 

(1) Learns of the death of a person 

owning trust or restricted property; and 

(2) Believes that an emergency exists 

and the assets in the estate may be 

significantly diminished or destroyed 

before the final decision and order of a 

judge in a probate case. 

* * * * * 

■ 6. Revise § 15.202(e) to read as 

follows: 

§ 15.202 What items must the agency 

include in the probate file? 

* * * * * 

(e) A certified inventory of trust or 

restricted land, including: 

(1) Accurate and adequate 

descriptions of all land; and 

(2) Identification of any interests that 

represent less than 5 percent of the 

undivided interests in a parcel. 

* * * * * 

■ 7. Revise § 15.203 to read as follows: 

§ 15.203 What information must Tribes 

provide BIA to complete the probate file? 

Tribes must provide any information 

that we require or request to complete 

the probate file. This information may 

include enrollment and family history 

data or property title documents that 

pertain to any pending probate matter, 

and a copy of Tribal probate orders 

where they exist. 

TITLE 43—PUBLIC LANDS: INTERIOR 

PART 4—DEPARTMENT HEARINGS 

AND APPEALS PROCEDURES 

■ 8. The authority citation for part 4 

continues to read as follows: 

Authority: 5 U.S.C. 301, 503–504; 25 

U.S.C. 9, 372–74, 410, 2201 et seq.; 43 U.S.C. 

1201, 1457; Pub. L. 99–264, 100 Stat. 61, as 

amended. 

■ 9. Revise § 4.320 to read as follows: 

§ 4.320 Who may appeal a judge’s 

decision or order? 

Any interested party has a right to 

appeal to the Board if he or she is 

adversely affected by a decision or order 

of a judge under part 30 of this subtitle: 

(a) On a petition for rehearing; 

(b) On a petition for reopening; 

(c) Regarding purchase of interests in 

a deceased Indian’s estate; or 

(d) Regarding modification of the 

inventory of an estate. 

■ 10. Revise § 4.324 to read as follows: 

§ 4.324 How is the record on appeal 

prepared? 

(a) On receiving a copy of the notice 

of appeal, the judge whose decision is 

being appealed must notify: 

(1) The agency concerned; and 

(2) The LTRO where the original 

record was filed under § 30.233 of this 

subtitle. 

(b) If a transcript of the hearing was 

not prepared, the judge must have a 

transcript prepared and forwarded to 

the LTRO within 30 days after receiving 

a copy of the notice of appeal. The 

LTRO must include the original 

transcript in the record. 

(c) Within 30 days of the receipt of the 

transcript, the LTRO must do the 

following: 

(1) Prepare a table of contents for the 

record; 

(2) Make two complete copies of the 

original record, including the transcript 

and table of contents; 


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7506 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

(3) Certify that the record is complete; 

(4) Forward the certified original 

record, together with the table of 

contents, to the Board by certified mail 

or other service with delivery 

confirmation; and 

(5) Send one copy of the complete 

record to the agency. 

(d) While the appeal is pending, the 

copies of the record will be available for 

inspection at the LTRO and the agency. 

(e) Any party may file an objection to 

the record. The party must file his or her 

objection with the Board within 15 days 

after receiving the notice of docketing 

under § 4.325. 

(f) For any of the following appeals, 

the judge must prepare an 

administrative record for the decision 

and a table of contents for the record 

and must forward them to the Board: 

(1) An interlocutory appeal under 

§ 4.28; 

(2) An appeal from a decision under 

§§ 30.126 or 30.127 regarding 

modification of an inventory of an 

estate; or 

(3) An appeal from a decision under 

§ 30.124 determining that a person for 

whom a probate proceeding is sought to 

be opened is not deceased. 

PART 30—INDIAN PROBATE 

HEARINGS PROCEDURES 

■ 11. The authority citation for part 30 

continues to read as follows: 

Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 

372–74, 410, 2201 et seq.; 43 U.S.C. 1201, 

1457. 

■ 12. Revise § 30.100(a) to read as 

follows: 

§ 30.100 How do I use this part? 

(a) The following table is a guide to 

the relevant contents of this part by 

subject matter. 

For provisions relating to . . . consult . . . 

(1) All proceedings in part 30 ................................................................................................................................ §§ 30.100 through 30.102. 

(2) Claims against probate estate ......................................................................................................................... §§ 30.140 through 30.148. 

(3) Commencement of probate ............................................................................................................................. §§ 30.110 through 30.115. 

(4) Consolidation of interests ................................................................................................................................. §§ 30.150 through 30.153. 

(5) Formal probate proceedings before an administrative law judge or Indian probate judge ............................. §§ 30.210 through 30.246. 

(6) Probate of estates of Indians who die possessed of trust or restricted property ........................................... All sections except §§ 30.260 

through 30.274. 

(7) Purchases at probate ....................................................................................................................................... §§ 30.160 through 30.175. 

(8) Renunciation of interests ................................................................................................................................. §§ 30.180 through 30.188. 

(9) Summary probate proceedings before an attorney decision maker ............................................................... §§ 30.200 through 30.207. 

(10) Tribal purchase of certain property interests of decedents under special laws applicable to particular 

Tribes.

§§ 30.260 through 30.274. 

* * * * * 

■ 13. In § 30.101, add in alphabetical 

order a new definition of ‘‘Covered 

permanent improvement’’ and revise the 

definitions of ‘‘Summary probate 

proceeding’’ and ‘‘You or I’’ to read as 

follows: 

§ 30.101 What definitions do I need to 

know? 

* * * * * 

Covered permanent improvement 

means a permanent improvement 

(including an interest in such an 

improvement) that is: 

(1) Owned by the decedent at the time 

of death; and 

(2) Attached to a parcel of trust or 

restricted land that is also, in whole or 

in part, owned by the decedent at the 

time of death. 

* * * * * 

Summary probate proceeding means 

the consideration of a probate file 

without a hearing. A summary probate 

proceeding may be conducted if the 

estate involves only an IIM account that 

did not exceed $5,000 in value on the 

date of the death of the decedent. 

* * * * * 

You or I means an interested party, as 

defined herein, with an interest in the 

decedent’s estate unless a specific 

section states otherwise. 

■ 14. Revise § 30.102 to read as follows: 

§ 30.102 What assets will the Secretary 

probate? 

(a) We will probate only the trust or 

restricted land or trust personalty 

owned by the decedent at the time of 

death. 

(b) We will not probate the following 

property: 

(1) Real or personal property other 

than trust or restricted land or trust 

personalty owned by the decedent at the 

time of death; 

(2) Restricted land derived from 

allotments made to members of the Five 

Civilized Tribes (Cherokee, Choctaw, 

Chickasaw, Creek, and Seminole) in 

Oklahoma; and 

(3) Restricted interests derived from 

allotments made to Osage Indians in 

Oklahoma (Osage Nation) and Osage 

headright interests owned by Osage 

decedents. 

(c) We will probate that part of the 

lands and assets owned by a deceased 

member of the Five Civilized Tribes or 

Osage Nation who owned either a trust 

interest in land or a restricted interest in 

land derived from an individual Indian 

who was a member of a Tribe other than 

the Five Civilized Tribes or the Osage 

Nation. 

■ 15. Revise § 30.110 to read as follows: 

§ 30.110 When does OHA commence a 

probate case? 

OHA commences probate of an estate 

when OHA receives a probate file from 

the agency. 

■ 16. In § 30.128, revise the introductory 

text and paragraph (a) to read as follows: 

§ 30.128 What happens if an error in BIA’s 

estate inventory is alleged? 

This section applies when, during a 

probate proceeding, an interested party 

alleges that the estate inventory 

prepared by BIA is inaccurate and 

should be corrected. 

(a) Alleged inaccuracies may include, 

but are not limited to, the following: 

(1) Trust property should be removed 

from the inventory because the decedent 

executed a gift deed or gift deed 

application during the decedent’s 

lifetime, and BIA had not, as of the time 

of death, determined whether to 

approve the gift deed or gift deed 

application; 

(2) Trust property should be removed 

from the inventory because a deed 

through which the decedent acquired 

the property is invalid; 

(3) Trust property should be added to 

the inventory; and 

(4) Trust property included in the 

inventory is described improperly, 

although an erroneous recitation of 

acreage alone is not considered an 

improper description. 

* * * * * 


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■ 17. Revise § 30.140 introductory text 

to read as follows: 

§ 30.140 Where and when may I file a claim 

against the probate estate? 

You may file a claim against the estate 

of an Indian with BIA or, after the 

agency transfers the probate file to OHA, 

with OHA. 

* * * * * 

■ 18. Revise § 30.142 to read as follows: 

§ 30.142 Will a judge authorize payment of 

a claim from the estate if the decedent’s 

non-trust property was or is available? 

The judge will not authorize payment 

of a claim from the estate if the judge 

determines that the decedent’s non-trust 

property was or is available to pay the 

claim. This provision does not apply to 

a claim that is secured by trust or 

restricted property. 

■ 19. Revise § 30.143(b)(1) to read as 

follows: 

§ 30.143 Are there any categories of 

claims that will not be allowed? 

* * * * * 

(b) * * * 

(1) Has existed for such a period as to 

be barred by the applicable statute of 

limitations at the date of decedent’s 

death; 

* * * * * 

■ 20. In § 30.151, revise the introductory 

text and paragraphs (a) and (b) to read 

as follows: 

§ 30.151 May the devisees or eligible heirs 

in a probate proceeding consolidate their 

interests? 

The devisees or eligible heirs may 

consolidate interests in trust property 

already owned by the devisees or heirs 

or in property from the inventory of the 

decedent’s estate, or both. 

(a) A judge may approve a written 

agreement among devisees or eligible 

heirs in a probate case to consolidate the 

interests of a decedent’s devisees or 

eligible heirs. 

(1) To accomplish a consolidation, the 

agreement may include conveyances 

among decedent’s devisees or eligible 

heirs of: 

(i) Interests in trust or restricted land 

in the decedent’s trust inventory; 

(ii) Interests of the devisees or eligible 

heirs in trust or restricted land which 

are not part of the decedent’s trust 

inventory; and 

(iii) Interests of the decedent, the 

devisees, or eligible heirs in any covered 

permanent improvements attached to a 

parcel of trust or restricted land in the 

decedent’s trust inventory. 

(2) The parties must offer evidence 

sufficient to satisfy the judge of the 

percentage of ownership held and 

offered by a party. 

(3) If the decedent’s devisees or 

eligible heirs enter into an agreement, 

the parties to the agreement are not 

required to comply with the Secretary’s 

rules and requirements otherwise 

applicable to conveyances by deed. 

(b) If the judge approves an 

agreement, the judge will issue an order 

distributing the estate in accordance 

with the agreement. 

* * * * * 

■ 21. In § 30.160, revise the introductory 

text to read as follows: 

§ 30.160 What may be purchased at 

probate? 

An eligible purchaser may purchase, 

during the probate, all or part of the 

estate of a person who died on or after 

June 20, 2006. 

* * * * * 

■ 22. Revise § 30.163 to read as follows: 

§ 30.163 Is consent required for a 

purchase at probate? 

(a) Except as provided in paragraphs 

(b) and (c) of this section, to purchase 

an interest in trust or restricted land at 

probate you must have the consent of: 

(1) The heirs or devisees of such 

interest; and 

(2) Any surviving spouse who 

receives a life estate under 25 U.S.C. 

2206(a)(2)(A) or (D). 

(b) If you are the Tribe with 

jurisdiction over the parcel containing 

the interest, you do not need consent 

under paragraph (a) of this section if the 

following four conditions are met: 

(1) The interest will pass by intestate 

succession; 

(2) The judge determines based on our 

records that the decedent’s interest at 

the time of death was less than 5 

percent of the entire undivided 

ownership of the parcel of land; 

(3) The heir or surviving spouse was 

not residing on the property at the time 

of the decedent’s death; and 

(4) The heir or surviving spouse is not 

a member of your Tribe or eligible to 

become a member. 

(c) We may purchase an interest in 

trust or restricted land on behalf of the 

Tribe with jurisdiction over the parcel 

containing the interest. If we do so, we 

must obtain consent under paragraph (a) 

of this section, unless the conditions in 

paragraphs (b)(1) through (3) of this 

section are met. 

■ 23. Revise § 30.167(a) to read as 

follows: 

§ 30.167 How does OHA decide whether to 

approve a purchase at probate? 

(a) OHA will approve a purchase at 

probate if an eligible purchaser submits 

a bid in an amount equal to or greater 

than the market value of the interest. 

(1) In cases where the sale of the 

interest does not require consent under 

§ 30.163(b), OHA will sell the interest to 

the eligible purchaser. 

(2) In all other cases, OHA will sell 

the interest to the eligible purchaser 

selected by the applicable heir, devisee, 

or surviving spouse. 

* * * * * 

■ 24. Revise § 30.170(c) to read as 

follows: 

§ 30.170 What may I do if I disagree with 

the judge’s determination to approve a 

purchase at probate? 

* * * * * 

(c) If the objection is not timely filed, 

the judge will issue an order denying 

the request for review as untimely and 

will furnish copies of the order to the 

interested parties and the agencies. If 

you disagree with the decision of the 

judge as to whether your objection was 

timely filed, you may file a petition for 

rehearing under § 30.238 after the judge 

issues a decision under § 30.235. 

§§ 30.236 through 30.245 [Redesignated as 

§§ 30.237 through 30.246] 

■ 25a. Redesignate §§ 30.236 through 

30.245 as §§ 30.237 through 30.246. 

■ 25b. Add § 30.236 to read as follows: 

§ 30.236 How are covered permanent 

improvements treated? 

(a) In an intestate case, under the Act, 

an interest in a covered permanent 

improvement attached to a parcel of 

trust or restricted land is treated as 

shown in the following table: 

If . . . then the covered permanent improvement passes to . . . 

(1) A Tribal probate code approved under 25 CFR part 18 specifies 

how the covered permanent improvement will be handled.

the person(s) designated in the Tribal probate code to receive it. 

(2) A consolidation agreement approved under subpart F of this part 

specifies how the covered permanent improvement will be handled.

the person(s) designated in the consolidation agreement to receive it. 


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7508 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Rules and Regulations 

If . . . then the covered permanent improvement passes to . . . 

(3) There is neither an approved Tribal probate code nor an approved 

consolidation agreement that specifies how the covered permanent 

improvement will be handled, but there is a renunciation of the trust 

or restricted interest in the parcel under subpart H of this part.

the recipient of the trust or restricted interest in the parcel under the renunciation. 

(4) There is neither an approved Tribal probate code nor an approved 

consolidation agreement that specifies how the covered permanent 

improvement will be handled, and there is no renunciation of the 

trust or restricted interest in the parcel under subpart H of this part.

each eligible heir to whom the trust or restricted interest in the parcel 

descends. 

(b) In a testate case, under the Act, an 

interest in a covered permanent 

improvement attached to a parcel of 

trust or restricted land is treated as 

shown in the following table: 

If . . . then the covered permanent improvement passes to . . . 

(1) The will expressly states how the covered permanent improvement 

will be handled.

the person(s) designated in the will to receive it. 

(2) The will does not expressly state how the covered permanent improvement will be handled.the person(s) designated in the will to receive the trust or restricted interest in the parcel. 

(c) The provisions of the Act apply to 

a covered permanent improvement: 

(1) Even though it is not held in trust; 

and 

(2) Without altering or otherwise 

affecting its non-trust status. 

(d) The judge’s decision will 

specifically direct the distribution only 

of the decedent’s trust or restricted 

property, and not any non-trust 

permanent improvement attached to a 

parcel of trust or restricted land. 

However, the judge: 

(1) Will include in the decision a 

general statement of the substantive law 

of descent or devise of permanent 

improvements; and 

(2) Can approve a consolidation 

agreement under subpart F of this part 

that includes a covered permanent 

improvement. 

■ 26. Revise newly redesignated 

§ 30.238(a) to read as follows: 

§ 30.238 May I file a petition for rehearing 

if I disagree with the judge’s decision in the 

formal probate hearing? 

(a) If you are adversely affected by the 

decision, you may file with the judge a 

written petition for rehearing within 30 

days after the date on which the 

decision was mailed under § 30.237. 

* * * * * 

§ 30.243 [Amended] 

■ 27. In newly redesignated § 30.243, 

redesignate the second paragraph (a)(2) 

as paragraph (a)(3). 

■ 28. Revise § 30.262(a)(1) to read as 

follows: 

§ 30.262 When may a Tribe exercise its 

statutory option to purchase? 

(a) * * * 

(1) Within 60 days after mailing of the 

probate decision unless a petition for 

rehearing has been filed under § 30.238 

or a demand for hearing has been filed 

under § 30.268; or 

* * * * * 

■ 29. Revise § 30.266(b)(3) to read as 

follows: 

§ 30.266 When is a final decision issued? 

* * * * * 

(b) * * * 

(3) A copy of the probate decision, 

together with a copy of the valuation 

report, must be distributed to all 

interested parties under § 30.237. 

Dated: December 13, 2010. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

Dated: December 20, 2010. 

Rhea S. Suh, 

Assistant Secretary—Policy, Management 

and Budget. 

[FR Doc. 2011–2896 Filed 2–9–11; 8:45 am] 

BILLING CODE 4310–6W–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 61 

[Docket ID: FEMA–2010–0021] 

RIN 1660–AA70 

National Flood Insurance Program, 

Policy Wording Correction 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: In a Notice of Proposed 

Rulemaking, the Federal Emergency 

Management Agency (FEMA) proposed 

a technical correction to the FEMA, 

Federal Insurance and Mitigation 

Administration, Standard Flood 

Insurance Policy regulations. In order to 

increase the clarity of one of the 

provisions of the Standard Flood 

Insurance Policy, FEMA is adding two 

unintentionally omitted words in this 

final rule. 

DATES: This rule is effective March 14, 

2011. 

ADDRESSES: The Notice of Proposed 

Rulemaking is part of Docket ID: FEMA– 

2010–0021 and is available online by 

going to http://www.regulations.gov, 

inserting FEMA–2010–0021 in the 

‘‘Keyword’’ box, and then clicking 

‘‘Search’’. The Docket is also available 

for inspection or copying at FEMA, 500 

C Street, SW., Room 840, Washington, 

DC 20472. 

FOR FURTHER INFORMATION CONTACT: 

Edward L. Connor, Acting Federal 

Insurance and Mitigation Administrator, 

DHS/FEMA, 1800 South Bell Street, 

Arlington, VA 20598–3010. Phone: (202) 

646–3429. Facsimile: (202) 646–7970. Email: Edward.Connor@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

Under the authority of sections 1304 

and 1345 of the National Flood 

Insurance Act of 1968, Public Law 90– 

448, 82 Stat. 574, as amended (42 U.S.C. 

4011, 4081), the Federal Emergency 

Management Agency (FEMA) provides 

insurance protection against flood 

damage to homeowners, businesses, and 

others by means of the National Flood 

Insurance Program (NFIP). The sale of 

flood insurance is largely implemented 

by private insurance companies that 

participate in the NFIP Write-Your-Own 


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