regulation

Bureau of Indian Affairs, Interior

Pt. 16
(1) Are made or received by a tribe or
tribal organization in the conduct of a
federal trust function under this part,
including the operation of a trust program pursuant to Public Law 93–638 as
amended; and
(2) Evidence the organization, functions, policies, decisions, procedures,
operations, or other activities undertaken in the performance of a federal
trust function under this part.
(b) Records are the property of the
tribe if they are:
(1) Not covered by paragraph (a) of
this section; and
(2) Are made or received by a tribe or
tribal organization in the conduct of
business with the Department of the
Interior under this part.

or a decision based on documents in
the probate package; and
(2) If they do not request a formal
hearing, the probate case may be assigned to an attorney decision maker,
who will convene an in-person informal
hearing at a site convenient to most of
the parties.
§ 15.302 What happens after the probate package is referred to OHA?
After OHA receives the probate package, it will assign the case to a deciding official, who will conduct the probate proceeding and issue a written decision or order in accordance with 43
CFR part 4, subpart D.
§ 15.303 What happens after the probate decision is made?

Subpart E—Information and
Records

§ 15.403 How must records associated
with this part be preserved?
(a) Any organization, including tribes
and tribal organizations, that has
records identified in § 15.402(a):
(1) Must preserve the records in accordance with approved Departmental
records retention procedures under the
Federal Records Act, 44 U.S.C. Chapters 29, 31 and 33; and
(2) Is subject to inspection by the
Secretary and the Archivist of the
United States with respect to these
records and related records management practices and safeguards required
under the Federal Records Act.
(b) A tribe or tribal organization
should preserve the records identified
in § 15.402(b) for the period authorized
by the Archivist of the United States
for similar Department of the Interior
records under 44 U.S.C. Chapter 33. If a
tribe or tribal organization does not do
so, it may be unable to adequately document essential transactions or furnish
information necessary to protect its
legal and financial rights or those of
persons affected by its activities.

§ 15.401 How can I find out the status
of a probate?

PART 16—ESTATES OF INDIANS OF
THE FIVE CIVILIZED TRIBES

(a) We will not pay claims, transfer
title to land, or distribute trust cash
assets for 75 days after the final OHA
decision or order is mailed to the interested parties.
(b) If an interested party files a timely request for de novo review, a request
for rehearing, or an appeal in accordance with 43 CFR part 4, subpart D, we
will not pay claims, transfer title to
land, or distribute trust cash assets
until the request or appeal is resolved.
(c) After 75 days, if no request for de
novo review, request for rehearing, or
appeal has been filed, or after any request or appeal has been resolved, the
following actions will take place:
(1) The LTRO will change its land
title records for the trust and restricted property in accordance with
the final decision or order; and
(2) OST will pay claims and distribute the IIM account in accordance
with the final decision or order.

You may request information about
the status of an Indian probate from
any BIA agency or regional office.

Sec.
16.1 Definitions.
16.2 Scope of regulations.
16.3 Legal representation in State courts.
16.4 Exchange of information within the Department.
16.5 Acceptance and acknowledgement of
service of process.

§ 15.402 Who owns the records associated with this part?
(a) Records are the property of the
United States if they:

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