TITLE 43 - PUBLIC LANDS: INTERIOR

SUBTITLE A - OFFICE OF THE SECRETARY OF THE INTERIOR

PART 4 - DEPARTMENT HEARINGS AND APPEALS PROCEDURES

subpart d - RULES APPLICABLE IN INDIAN AFFAIRS HEARINGS AND APPEALS

4.301 - Valuation report.

  (a) In all probates, at the earliest possible stage of the proceeding before issuance of a probate decision, BIA must furnish a valuation of the decedent's interests when the record reveals to the Superintendent: (1) That the decedent owned interests in land located on one or more of the reservations designated in 4.300; and (2) That one or more of the probable heirs or beneficiaries who may receive the interests either: (i) Is not enrolled in the tribe of the reservation where the land is located; or (ii) Does not have the required blood quantum in the tribe to hold the interests against a claim made by the tribe.

  (b) If there is a surviving spouse whose interests may be subject to the tribal option, the valuation must include the value of a life estate based on the life of the surviving spouse in one-half of such interests.

The valuation must be made on the basis of the fair market value of the property, including fixed improvements, as of the date of decedent's death.

  (c) BIA must include the valuation report in the probate package submitted to OHA. Interested parties may examine and copy, at their expense, the valuation report at the office of the Superintendent or the administrative law judge or Indian probate judge.