[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Rules and Regulations]
[Pages 45198-45199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19060]



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 

AGENCY: Bureau of Indian Affairs, Office of the Secretary, Interior.

ACTION: Final rule; confirmation.


SUMMARY: The Office of the Secretary of the Department of the Interior 
and Bureau of Indian Affairs (collectively, the Department) are 
confirming the interim final rule published and effective on February 
10, 2011, to implement 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). The February 10, 2011, 
publication stated that the Department would review comments on the 
interim final rule and either confirm the rule or initiate a proposed 
rulemaking. The Department did not receive any adverse comments, and 
therefore confirms the rule without change.

DATES: The February 10, 2011, effective date of the interim final rule 
is confirmed.

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: [email protected].

SUPPLEMENTARY INFORMATION: On February 10, 2011, the Department 
published an interim final rule (76 FR 7500), under Docket No. BIA-
2009-001, to implement the latest statutory changes to ILCA/AIPRA. The 
rule's 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.
    The Department stated in the interim final rule that it would 
address comments received and, by a future publication in the Federal 
Register, confirm the interim final rule, with or without change, or 
initiate a proposed rulemaking.
    The Department received one comment that expressly indicated it was 
not a substantive criticism of the rule, but requested a definition for 
the term ``probate.'' The regulations being amended by the interim 
final rule, 25 CFR part 15 and 43 CFR part 30, already contain a 
definition of ``probate.'' See 25 CFR 15.2, 43 CFR 4.201, 30.101. 
Consequently, the Department did not make any change to the interim 
final rule as a result of this comment. The comment also included a 
suggestion regarding estate planning that is outside the scope of the 
interim final rule.
    For these reasons, the Department is confirming the interim final 
rule without change.

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, 

[[Page 45199]]

    Dated: June 27, 2011.
Donald E. Laverdure,
Principal Deputy Assistant Secretary.
    Dated: July 12, 2011.
Rhea S. Suh,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 2011-19060 Filed 7-27-11; 8:45 am]