Section 18.106 - What will the Department consider in the approval process?A tribal probate code must meet the requirements of this section in order to receive our approval under this part.
(a) The code must be consistent with Federal law.(b) The code must promote the policies of the Indian Land Consolidation Act (ILCA) Amendments of 2000, which are to:(1) Prevent further fractionation;(2) Consolidate fractional interests into useable parcels;(3) Consolidate fractional interests to enhance tribal sovereignty;(4) Promote tribal self-sufficiency and self-determination; and(5) Reverse the effects of the allotment policy on Indian tribes.(c) Unless the conditions in paragraph (d) of this section are met, the code must not prohibit the devise of an interest to: (1) An Indian lineal descendant of the original allottee; or(2) An Indian who is not a member of the Indian tribe with jurisdiction over the interest in the land.(d) If the tribal probate code prohibits the devise of an interest to the devisees in paragraph (c)(1) or (c)(2) of this section, then the code must: (1) Allow those devisees to renounce their interests in favor of eligible devisees as defined by the tribal probate code;(2) Allow a devisee who is the spouse or lineal descendant of the testator to reserve a life estate without regard to waste; and(3) Require the payment of fair market value as determined by the Department on the date of the decedent's death.