WASHINGTON – As part of its efforts to improve and reform the management of the Indian trust for the benefit of all Indians, the Department of the Interior has revised existing—and drafted new—federal Indian trust regulations to implement the American Indian Probate Reform Act (AIPRA) and the Fiduciary Trust Model. The Department held an initial comment period on the first drafts of new regulations from January through April of this year. After incorporating comments, the proposed AIPRA regulations will be published in the Federal Register in coming weeks. A 60-day public comment period will commence when the proposed regulations are published. Interior is seeking input and comments from tribal representatives on these regulations at public meetings in South Dakota, Montana, and Minneapolis.
The intent of the regulatory initiative is to clarify existing regulations and create new regulations that would: improve services to Indian trust beneficiaries; facilitate productive use of Indian land; promote consolidation and reduced fractionation of trust asset interests; and incorporate changes to the probate process made possible through the American Indian Probate Reform Act.
The following proposed regulations will be discussed at the consultation:
- Probate of Indian Estates (25 CFR 15)
- Rules applicable to probate hearings and appeals (43 CFR 4)
- Creation of a new Code of Federal Regulations part addressing tribal probate codes (25 CFR 18)
- Life Estates and Future Interests (25 CFR 179)
- Indian land records and title documents (25 CFR 150)
- Conveyances of Trust and Restricted Land, Removal of Trust or Restricted Status (25 CFR 152)
In conjunction with the public comment period, Interior encourages tribes, tribal leaders, trust beneficiaries and other individuals working with and on behalf of these groups to submit comments on the proposed regulations. These may be submitted in writing to Michele Singer, 1849 C Street, N.W., MS4141-MIB, Washington, D.C. 20240.
