Upcoming Institute Training
July 22 and 23, 2008 – Implementing the American Indian Probate Reform Act – A Two Day Symposium at Seattle University School of Law
Day One – Discussion by national experts on the regulations which will implement the American Indian Probate Reform Act, including:
25 CFR Part 15 BIA Probate Processing
25 CFR Part 150 Land Title and Records – LTRO’s procedures, services and products
25 CFR Part 152 Conveyance – including sales, gifts, consolidations, partitions, and tribal purchase, mortgages and deeds
25 CFR Part 179 Life Estates
43 CFR Part 4 and 30 – Office of Hearings and Appeals adjudication procedures and probate processes, including implementation of purchase options, settlements and consolidation agreements An overview and analysis of the new regulations will be provided along with a discussion of the policies behind them.
Day Two: Tribal Probate Code Development and Secretary Approval
Following a one day discussion on the rules implementing the Act, the training will shift to ways a tribe can alter these rules to consolidate the land base. The Act contains specific provisions that further a Tribal government’s authority under AIPRA to enact tribal probate codes and the code will be applied in federal probate for distribution of that tribe’s trust lands. A tribal probate code may alter portions of AIPRA, including limitations upon non-tribal member inheritance, and the code requires Secretarial.
A panel of tribal officials and attorneys will discuss the custom, legal, and policy issues encountered in drafting an approved code under AIPRA. A second panel of Department of Interior officials will present the Model Federal Probate Code for AIPRA and explain the process for Secretarial approval.
Registration includes a Meet and Greet Reception on May 23rd with presentation by Professor Robert J. Miller, Author of Native America, Discovered and Conquered (2007).
More Information and Registration (click here)
Federal Government Meetings
U.S. Senate Testimony May 22, 2008 (pdf)Testimony by Douglas R. Nash, Director of the Institute for Indian Estate Planning and Probate, to U.S. Senate Committee of Indian Affairs, 2nd Hearing on Backlogs in Fee to Trust, Probate, Leasing, and Environmental Impacts