The Implementation of the American Indian Probate Reform Act
New Federal Regulations and Tribal Probate Codes
Tuesday and Wednesday, July 22-23, 2008
8:00 a.m - 5:00 p.m. each day
Seattle University School of Law
CLE Credits: 12.0 anticipated
The Institute for Indian Estate Planning and Probate at Seattle University School of Law presents this two day symposium on July 22-23, 2008. Evening Reception and Book Signing on the 23rd with Professor Robert J. Miller, Author of Native America, Discovered and Conquered.
Day One: The New Federal Regulations
Regulations have been drafted which will implement the American Indian Probate Reform Act. These include:
| 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
The Act contains specific provisions that further a Tribal government’s authority under ILCA to enact tribal probate codes that will be applied in federal probate and distribution of trust lands. A tribal code may alter portions of AIPRA and the Secretary must approve the code. A panel of tribal officials and attorneys will discuss legal and policy issues encountered in drafting their code for AIPRA approval. A second panel of Department of Interior officials will present the Model Tribal Probate Code for AIPRA and discuss the approval process.
Speakers
- Michelle Singer, Director, Office of Regulatory Management, Secretary of Interior, Washington, D.C.
- Honorable Earl Waits, Chief Judge, U.S. Office of Hearings and Appeals, Arlington, VA
- Honorable Patricia McDonald Dan, Administrative Law Judge (Retired), Albuquerque, NM
- David Mullon, Republican Staff Director and Chief Counsel, United States Senate, Committee on Indian Affairs
- Michael Jones, Acting Chief, Division of Land Title and Records, United States Department of Interior, Bureau of Indian Affairs, Washington, D.C. (invited)
- Patricia Mattingly, Associate Director, Division of Probate Services, United States Department of Interior Bureau of Indian Affairs, Phoenix, Arizona (invited)
- Chairman Sam Penny, The Nez Perce Tribal Executive Committee, Lapwai, Idaho
- Julie Kane, Chief Counsel, The Nez Perce Tribe, Lapwai, Idaho
- Daniel W. Hester, Partner, Fredericks, Pelcyger, Hester, & White, PLLC
- Representatives from the Confederated Tribes of the Umatilla and the Shoshone-Bannock Tribes and the Lummi Nation (Invited)
Program Agenda
| July 22, 2008 Day One: The New Federal Regulations Discussion by national experts on the new federal regulations which will implement the American Indian Probate Reform Act |
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8 a.m. |
Continental Breakfast and Registration |
| 8:30 - 9:30 a.m. |
Introduction to the New Regulations and Legislative updates for the American Indian Probate Reform Act
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| 9:30 - 10:30 a.m. |
25 CFR Part 15 BIA Probate Process – Starting the probate process, obtaining emergency assistance and filing claims, probate processing and distribution, right to information and records
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| 10:30 - 10:45 a.m. | Break |
| 10:45 a.m. - noon |
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
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| Noon | Lunch provided |
| 1 - 2 p.m. | 43 CFR Part 4 and 30 – Continued |
| 2 - 3:30 p.m. |
25 CFR Part 150 Land Title and Records – BIA Land Title and Records Office procedures, services and products 25 CFR Part 152 Conveyance – including sales, gifts, consolidations, partitions, and tribal purchase, mortgages and deeds
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| 3:45 - 4:30 p.m. | 25 CFR Part 150 and 152 Continued |
| July 23, 2008 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. |
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| 8 a.m. | Continental Breakfast |
| 8:30 - 9:45 a.m. |
25 CFR Part 18 Tribal Probate Codes and 25 CFR Part 179 Life Estates – regulations for implementing approval process for tribal codes
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| 9:45 - 10 a.m. | Break |
| 10 a.m. - noon |
Overview of 25 U.S.C. 2005 Tribal Probate Code, Understanding and Using the Model Probate Code, and the Nuts and Bolts of Secretarial Approval Process –
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| Noon | Lunch Provided |
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1:15 - 4:30 p.m. |
Afternoon Session:
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| 4:30 - 6:30 p.m. | Hosted Reception - A Meet and Greet Reception on May 23rd with presentation by Professor Robert J. Miller, Author of Native America, Discovered and Conquered (2007). |
For additional information about this CLE seminar, please contact the Institute for Indian Estate Planning & Probate at 206.398.4284.
High-tech classroom