[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Notices]
[Pages 53924-53925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26881]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Notice of the Secretary's Assumption of Jurisdiction Over Probate 
of Estates in Which Property Escheated to an Indian Tribe Pursuant to 
25 U.S.C. 2206 and Opportunity to Comment

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: In response to a petition filed by the Deputy Commissioner of 
Indian Affairs with the Office of Hearings and Appeals to reopen 
estates in which property escheated to an Indian tribe pursuant to the 
escheat provision of the Indian Land Consolidation Act, the Secretary 
of the Interior has assumed jurisdiction over the petition pursuant to 
his regulatory authority and has issued a proposed order reopening the 
cases. In Babbitt v. Youpee, a 1997 decision, the United States Supreme 
Court found the escheat provision unconstitutional. The reopening of 
the estates would permit the Department of the Interior the opportunity 
to distribute escheated interests to the rightful distributees without 
regard to the unconstitutional provision.
    The Secretary will accept comments on the petition and the proposed 
order to reopen the estates. All comments must be filed with the Office 
of Hearings and Appeals, Department of the Interior.

DATES: Comments must be received by the Office of Hearings and Appeals 
on or before November 2, 1998.

ADDRESSES: Comments from interested parties should be submitted to the 
Director, Office of Hearings and Appeals, United States Department of 
the Interior, 4015 Wilson Boulevard, Mail Stop 1103-BT3, Arlington, 
Virginia 22203.

FOR FURTHER INFORMATION CONTACT:
Director, Office of Hearings and Appeals, at the address listed above. 
The Director's telephone number is 703-235-3810.

SUPPLEMENTARY INFORMATION: On January 21, 1997, the United States 
Supreme Court issued a decision in Babbitt v. Youpee, 519 U.S. 234 
(1997), in which it held that the ``escheat provision'' of the Indian 
Land Consolidation Act, 25 U.S.C. 2201 et seq., as amended, is 
unconstitutional. That provision provides in part:.

    No undivided interest held by a member or nonmember Indian in 
any tract of trust land or restricted land within a tribe's 
reservation or outside of a reservation and subject to such tribe's 
jurisdiction shall descend by intestacy or devise but shall escheat 
to the reservation's recognized tribal government.

5 U.S.C. 2206(a).
    On October 2, 1998, the Deputy Commissioner of Indian Affairs filed 
a petition (Petition) with the Office of Hearings and Appeals (OHA), 
requesting the reopening of all estates in which land passed to a tribe 
by escheat pursuant to 25 U.S.C. 2206. On October 2, 1998, the 
Secretary signed an order (Order) assuming jurisdiction over the 
Petition, pursuant to his authority at 43 CFR 4.5. Also on October 2, 
1998, the Secretary issued a proposed order (Proposed Order) that would 
reopen the estates in question. The Proposed Order provides that prior 
escheat cases are reopened and the determinations made therein ``are 
modified to the extent that the appropriate Bureau of Indian Affairs 
official having jurisdiction over the affected land titles shall 
distribute any such escheated interests to the rightful distributees 
without regard to the provisions of 25 U.S.C. 2206, except that prior 
determinations where an Indian tribe has paid fair market value for any 
escheated interest under 25 U.S.C. 2206 will not be reopened or 
modified.''

[[Page 53925]]

Cases which fall outside of the parameters of the Proposed Order would 
be considered by Departmental Administrative Law Judges on an ad hoc 
basis (i.e., cases where there were no determinations of heirs, cases 
of will construction, and any other type of miscellaneous case where 
the Bureau of Indian Affairs (BIA) is uncertain how to proceed).
    The Secretary's Order provides that any tribe or affected interest 
wishing to file comments regarding the Petition and the Proposed Order 
has until November 2, 1998, to submit comments. Additionally, the Order 
directs the BIA to hold any current or future assets derived from lands 
escheated to the tribes under 25 U.S.C. 2206, and not to release any 
such assets to any tribe pending further order. Copies of the Petition, 
the Order and the Proposed Order may be obtained from the Director, 
OHA.

    Dated: October 2, 1998.
Edward B. Cohen,
Deputy Solicitor.
[FR Doc. 98-26881 Filed 10-6-98; 8:45 am]
BILLING CODE 4310-02-M