43 CFR 30.265 – What determinations will a judge make with respect to a tribal purchase option?
(a) If a tribe files a written notice of purchase under § 30.261(a), a judge will determine:
Terms Used In 43 CFR 30.265
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Decedent: A deceased person.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Probate: Proving a will
- Statute: A law passed by a legislature.
(1) The entitlement of a tribe to purchase a decedent‘s interests in trust or restricted land under the applicable statute;
(2) The entitlement of a surviving spouse to reserve a life estate in one-half of the surviving spouse’s interests that have been purchased by a tribe; and
(3) The fair market value of such interests, as determined by an appraisal or other valuation method developed by the Secretary under 25 U.S.C. § 2214, including the value of any life estate reserved by a surviving spouse.
(b) In making a determination under paragraph (a)(1) of this section, the following issues will be determined by the official tribal roll, which is binding on the judge:
(1) Enrollment or refusal of the tribe to enroll a specific individual; and
(2) Specification of blood quantum, where pertinent.
(c) For good cause shown, the judge may stay the probate proceeding to permit an interested party who is adversely affected to pursue an enrollment application, grievance, or appeal through the established procedures applicable to the tribe.