American Indian Probate Reform Act of 2004, 17715-17717 [05-6946]
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17715
Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Notices
attrition and the use of retrospective
recruitment.
Status of the proposed information
collection: Pending OMB approval.
Authority: Section 3506 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35,
as amended.
Dated: March 30, 2005.
Dennis C. Shea,
Assistant Secretary for Policy Development
and Research.
[FR Doc. 05–6857 Filed 4–6–05; 8:45 am]
BILLING CODE 4210–62–M
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4971–N–19]
Notice of Submission of Proposed
Information Collection to OMB; Loan
Guarantee Recovery Fund Established
Pursuant to the Church Arson
Prevention Act of 1996
Office of the Chief Information
Officer, HUD
ACTION: Notice.
AGENCY:
SUMMARY: The proposed information
collection requirement described below
has been submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
Section 4 of the Church Arson
Prevention Act of 1996 authorizes the
Secretary to guarantee loans made to
certain nonprofit organizations whose
properties have been damaged by an act
or acts of arson or terrorism.
DATES: Comments Due Date: May 9,
2005.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
approval Number (2506–0159) and
should be sent to: HUD Desk Officer,
Office of Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–6974.
FOR FURTHER INFORMATION CONTACT:
Wayne Eddins, Reports Management
Officer, AYO, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; email Wayne_Eddins@HUD.gov; or
Lillian Deitzer at
Lillian_L_Deitzer@HUD.gov or
telephone (202) 708–2374. This is not a
toll-free number. Copies of available
documents submitted to OMB may be
obtained from Mr. Eddins or Ms Deitzer
and at HUD’s Web site at https://
www5.hud.gov:63001/po/i/icbts/
collectionsearch.cfm.
SUPPLEMENTARY INFORMATION: This
notice informs the public that the
Department of Housing and Urban
Development has submitted to OMB a
request for approval of the information
collection described below. This notice
is soliciting comments from members of
the public and affecting agencies
concerning the proposed collection of
information to: (1) Evaluate whether the
proposed collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (2) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (3) enhance the quality,
utility, and clarity of the information to
be collected; and (4) minimize the
burden of the collection of information
on those who are to respond; including
through the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
This notice also lists the following
information:
Title of Proposal: Loan Guarantee
Recovery Fund established pursuant to
the Church Arson Prevention Act of
1996.
Approval Number: 2506–0159.
Form Numbers: HUD–40076–LGA,
SF–424.
Description of the Need for the
Information and Its Proposed Use:
Section 4 of the Church Arson
Prevention Act of 1996 authorizes the
Secretary to guarantee loans made to
certain nonprofit organizations whose
properties have been damaged by an act
or acts of arson or terrorism.
Frequency of Submission: On
occasion, monthly.
Number of respondents
Annual responses
34
10.76
Reporting burden ..............................................................................
Total Estimated Burden Hours: 1,400.
Status: Extension of a currently
approved collection.
DEPARTMENT OF THE INTERIOR
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 35, as
amended.
American Indian Probate Reform Act of
2004
Dated: March 31, 2005.
Wayne Eddins,
Departmental Paperwork, Reduction Act
Officer, Office of the Chief Information
Officer.
[FR Doc. E5–1578 Filed 4–5–05; 8:45 am]
BILLING CODE 4210–27–P
Bureau of Indian Affairs
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The American Indian Probate
Reform Act requires us to develop an
informational notice about the Act and
its provisions. The Act also requires us
to publish this notice in the Federal
Register. This notice fulfills these
requirements.
Eufrona Snyder, Special Assistant-Trust
Management, Office of Trust Service,
Bureau of Indian Affairs, Department of
the Interior, 1849 C Street, NW.,
18:22 Apr 06, 2005
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PO 00000
Frm 00072
Fmt 4703
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Hours per response
=
Burden hours
3.82
1,400
Washington, DC 20240, telephone
number 202–208–3614.
As
required by the American Indian
Probate Reform Act of 2004, we have
developed this notice and are
publishing it today to inform interested
members of the public. This notice is
the same notice which has been mailed
by direct mail to Indians with interests
in trust and restricted lands and through
local newspapers in areas with
significant Indian populations,
reservation newspapers, and
newspapers directed to an Indian
audience. Copies of the notice will be
available from the regional agencies of
the Bureau of Indian Affairs and the
Office of the Special Trustee.
SUPPLEMENTARY INFORMATION:
FOR FUTHER INFORMATION CONTACT:
VerDate jul<14>2003
×
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07APN1
17716
Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Notices
Dated: March 25, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
Introduction and Overview
The American Indian Probate Reform
Act (AIPRA) of 2004 was enacted on
October 27, 2004. The Act amends the
Indian Land Consolidation Act and
amendments made in 2000 and this
notice replaces the notice provided in
2001. This Act affects your ownership
rights in trust or restricted land, unless
the land is located in Alaska. Most of
the provisions do not take effect for one
(1) year.
AIPRA changes the way trust estates
are distributed to your heirs after your
death. This increases the importance
and benefits of writing a will or doing
an estate plan. AIPRA also improves
your ability to consolidate your interests
in trust or restricted land.
Section 1: Property Distribution, Wills,
and Estate Planning
The Act creates a new nation-wide
probate code that changes how your
trust property will be distributed among
your heirs if you die without a will.
Other changes include amended
definitions of ‘‘Indian’’ and ‘‘eligible
heirs’’ for purposes of inheriting in
trust. The changes also provide
opportunities for Indians or the tribe to
purchase your interest in trust or
restricted land at probate. In order to
give you time to plan, the inheritance
changes take effect after one (1) year. To
help you understand some of the most
important changes, you need to know
what happens if you do not have a will
or an estate plan.
Should You Write a Will?
The new law protects your rights as
a property owner to transfer your
property by will. By writing a will, you
can designate how your trust land will
be transferred in trust to any Indian
person or to your descendants even if
they are not tribal members. You can
control how your trust property is
passed by creating an estate plan, such
as a will or deed.
There are also new provisions on
wills. If you have already written a will,
you should review it to make sure the
will says what you currently want.
Who Can Receive Your Property at
Death in Trust?
Without a Will:
• If you do not write a will, your trust
property will pass under the new
federal probate code or approved tribal
probate code, rather than under the state
laws that currently govern Indian
VerDate jul<14>2003
18:22 Apr 06, 2005
Jkt 205001
probate. Your trust land will continue to
be inherited by your immediate
family—first to your children or
grandchildren or possibly great
grandchildren, and if you have none,
then to your parents or brothers and
sisters. All of these people will be
eligible to inherit your trust property as
long as each meets the definition of
Indian below, or are your descendants
within two generations of an Indian, or
they already are co-owners in the same
parcel. Land not passing to one of the
people above will then pass to the tribe
where the land is located.
• If you have a spouse and other
eligible heirs, your surviving spouse
will inherit 1⁄3 of any money in your IIM
account at the time of your death, and
all of the money produced from your
interest in trust or restricted land during
your spouse’s lifetime. Your other heirs
get the remaining 2⁄3 of any money in
your IIM account at the time of death,
and the remaining ownership interest in
the trust or restricted land. Your spouse
may also continue to live in a family
home located on allotted land.
• If your spouse but no other eligible
heirs survive you, the spouse gets your
IIM account, and during the spouse’s
lifetime, the money produced from your
land interest. The spouse may also
continue to live in a family home
located on allotted land. The remaining
ownership interest in land goes to the
tribe where the land is located.
• If you do not write a will and your
ownership interest is less than 5% of
the total, your spouse may continue to
live in the family home on the parcel
and then the new probate law will limit
inheritance to the oldest eligible child,
and then oldest eligible grandchild or
oldest eligible great-grandchild.
Additionally, the Department of the
Interior may purchase interests in land
that are less than 5% of the total, for fair
market value during the probate
proceeding without the consent of the
heirs. However, this authority to
purchase small interests without the
heirs’ consent does not apply if the
interest is passing through a valid will,
or if the heirs were living on the land.
Spouses living on a parcel also are
protected.
With a Will:
• By writing a will, your land can be
transferred in trust to any Indian person,
the tribe that has jurisdiction, or any
Indian co-owners. You can also transfer
your land in trust to any of your
descendants (children, grandchildren,
great grandchildren, and great-great
grandchildren) even if they are not
Indian. You can control how your trust
property is passed by creating an estate
plan, such as a will or deed. You can
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
transfer your interests out of trust to
anybody.
• Even if your spouse is not
mentioned in a will, your spouse may
inherit some of your trust property.
Who May Inherit Land in Trust Under
AIPRA?
There is an amended definition of
Indian that helps determine who can
inherit an interest in land in trust,
particularly where there is no will.
Under AIPRA, an ‘‘Indian’’ is a person
who:
1. Is a member of an Indian tribe, or
2. Is eligible to become a member of
an Indian tribe; or
3. Was an owner of an interest in trust
or restricted land on October 27, 2004;
or
4. Meets the definition of ‘‘Indian’’
under the Indian Reorganization Act, or
5. In California, any person as in 1, 2,
3, and 4, or who owns trust or restricted
land in California.
This will not affect your eligibility for
other federal Indian programs.
Your heirs who are not Indian may be
able to inherit in trust if they meet the
statutory requirements for ‘‘eligible
heirs.’’ If you have heirs who are nonIndian, be sure to seek information at
the toll-free number below or at your
local agency office.
The provisions of AIPRA are complex.
Be sure to seek information for any
questions you may have.
Section 2: Consolidating Ownership
Interests
One of the main purposes of the Act
is to preserve the trust status and reduce
the number of small, fractionated
interests in Indian lands. The Act does
this by providing individuals and tribes
with more opportunities to consolidate
fractionated interests and by removing
some restrictions on what tribes and
individuals can do with their lands.
What Is the Purchase Option at Probate?
Certain people can purchase your
interest in the parcel during probate.
Your heirs, other co-owners, and the
tribe where the land is located will be
able to purchase your interest in the
parcel. The purchase price must equal
or exceed the fair market value. Your
heirs would receive the money paid for
your interest in the parcel instead of a
share of your interest in the parcel. If
your heirs are to receive 5% interest or
more in the parcel, or if they live on the
parcel, your heirs’ consent to the
purchase is required.
What Are Consolidation Agreements?
Heirs can decide how they want the
trust estate distributed at the probate
E:\FR\FM\07APN1.SGM
07APN1
17717
Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Notices
hearing. For example, they may decide
whether they wish to inherit their share,
or sell it to other co-owners or the tribe
where the land is located. Heirs may
also give their share to another named
Indian person instead of inheriting it.
How Can A Person Acquire Other
Fractionated Interests?
The Act contains a number of
provisions that are important to Indian
landowners. Some examples are:
• Land consolidation options for
landowners;
• Partition by sale of Indian lands;
• Continuation and expansion of the
federal ‘‘buy back’’ program; and
• Greater flexibility for landowners to
consolidate and acquire interests during
the probate process.
How Can You Transfer An Interest In
Property During Your Lifetime?
Please seek information from your
trust officer, your local BIA office or the
toll free number below for information
on estate planning options during your
lifetime such as:
• Negotiated sales,
• Gift deeds,
• Land exchanges, and other
transactions.
For more information about this
notice or the Act, call 1–888–678–6836
x 888.
[FR Doc. 05–6946 Filed 4–6–05; 8:45 am]
BILLING CODE 4310–W7–P
DEPARTMENT OF THE INTERIOR
Dated: March 30, 2005.
Roger L. Bankert,
Associate Field Office Manager.
[FR Doc. 05–6851 Filed 4–6–05; 8:45 am]
Bureau of Land Management
[WY–100–05–1310–DB]
Notice of Meeting of the Pinedale
Anticline Working Group’s
Transportation Task Group
BILLING CODE 4310–22–P
Bureau of Land Management,
Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act (1976) and the Federal Advisory
Committee Act (1972), the U.S.
Department of the Interior, Bureau of
SUMMARY:
Land Management (BLM) Pinedale
Anticline Working Group (PAWG)
Transportation Task Group
(subcommittee) will meet in Pinedale,
Wyoming, for a business meeting. Task
Group meetings are open to the public.
DATES: A PAWG Transportation Task
Group meeting is scheduled for May 3,
2005, from 1 p.m. until 5 p.m.
ADDRESSES: The meeting of the PAWG
Transportation Task Group will be held
in the Board Room of the Pinedale
Library at 155 S. Tyler Ave., Pinedale,
WY.
FOR FURTHER INFORMATION CONTACT: Bill
Wadsworth, BLM/Transportation TG
Liaison, Bureau of Land Management,
Pinedale Field Office, 432 E. Mills St.,
PO Box 738, Pinedale, WY 82941; 307–
367–5341.
SUPPLEMENTARY INFORMATION: The
Pinedale Anticline Working Group
(PAWG) was authorized and established
with release of the Record of Decision
(ROD) for the Pinedale Anticline Oil
and Gas Exploration and Development
Project on July 27, 2000. The PAWG
advises the BLM on the development
and implementation of monitoring plans
and adaptive management decisions as
development of the Pinedale Anticline
Natural Gas Field proceeds for the life
of the field.
The agenda for this meeting is to
refine the transportation monitoring
plan submitted to the PAWG. At a
minimum, public comments will be
heard just prior to adjournment of the
meeting.
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
March 29, 2005.
The Department of Labor (DOL) has
submitted the following public
information collection requests (ICRs) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. chapter 35). A copy of each
ICR, with applicable supporting
documentation, may be obtained by
contacting Darrin King on 202–693–
4129 (this is not a toll-free number) or
e-mail: king.darrin@dol.gov.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the Bureau
of Labor Statistics (BLS), Office of
Management and Budget, Room 10235,
Washington, DC 20503, 202–395–7316
(this is not a toll-free number), within
30 days from the date of this publication
in the Federal Register.
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: Bureau of Labor Statistics.
Type of Review: Extension of a
currently approved collection.
Title: Producer Price Index Survey.
OMB Number: 1220–0008.
Frequency: Monthly and Annually.
Type of Response: Reporting.
Affected Public: Business of other forprofit.
Number of Respondents: 35,388.
Total annual
responses
Form
Average time
per response
(hours)
Estimated total
annual burden
hours
BLS 1810A, A1, B, C, C1, and E ................................................................................................
BLS 473P .....................................................................................................................................
6,888
1,260,000
2
.30
13,776
378,000
Totals ....................................................................................................................................
1,266,888
........................
391,776
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18:22 Apr 06, 2005
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07APN1
]]>Agencies
[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Notices]
[Pages 17715-17717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6946]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
American Indian Probate Reform Act of 2004
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The American Indian Probate Reform Act requires us to develop
an informational notice about the Act and its provisions. The Act also
requires us to publish this notice in the Federal Register. This notice
fulfills these requirements.
FOR FUTHER INFORMATION CONTACT: Eufrona Snyder, Special Assistant-Trust
Management, Office of Trust Service, Bureau of Indian Affairs,
Department of the Interior, 1849 C Street, NW., Washington, DC 20240,
telephone number 202-208-3614.
SUPPLEMENTARY INFORMATION: As required by the American Indian Probate
Reform Act of 2004, we have developed this notice and are publishing it
today to inform interested members of the public. This notice is the
same notice which has been mailed by direct mail to Indians with
interests in trust and restricted lands and through local newspapers in
areas with significant Indian populations, reservation newspapers, and
newspapers directed to an Indian audience. Copies of the notice will be
available from the regional agencies of the Bureau of Indian Affairs
and the Office of the Special Trustee.
[[Page 17716]]
Dated: March 25, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
Introduction and Overview
The American Indian Probate Reform Act (AIPRA) of 2004 was enacted
on October 27, 2004. The Act amends the Indian Land Consolidation Act
and amendments made in 2000 and this notice replaces the notice
provided in 2001. This Act affects your ownership rights in trust or
restricted land, unless the land is located in Alaska. Most of the
provisions do not take effect for one (1) year.
AIPRA changes the way trust estates are distributed to your heirs
after your death. This increases the importance and benefits of writing
a will or doing an estate plan. AIPRA also improves your ability to
consolidate your interests in trust or restricted land.
Section 1: Property Distribution, Wills, and Estate Planning
The Act creates a new nation-wide probate code that changes how
your trust property will be distributed among your heirs if you die
without a will. Other changes include amended definitions of ``Indian''
and ``eligible heirs'' for purposes of inheriting in trust. The changes
also provide opportunities for Indians or the tribe to purchase your
interest in trust or restricted land at probate. In order to give you
time to plan, the inheritance changes take effect after one (1) year.
To help you understand some of the most important changes, you need to
know what happens if you do not have a will or an estate plan.
Should You Write a Will?
The new law protects your rights as a property owner to transfer
your property by will. By writing a will, you can designate how your
trust land will be transferred in trust to any Indian person or to your
descendants even if they are not tribal members. You can control how
your trust property is passed by creating an estate plan, such as a
will or deed.
There are also new provisions on wills. If you have already written
a will, you should review it to make sure the will says what you
currently want.
Who Can Receive Your Property at Death in Trust?
Without a Will:
If you do not write a will, your trust property will pass
under the new federal probate code or approved tribal probate code,
rather than under the state laws that currently govern Indian probate.
Your trust land will continue to be inherited by your immediate
family--first to your children or grandchildren or possibly great
grandchildren, and if you have none, then to your parents or brothers
and sisters. All of these people will be eligible to inherit your trust
property as long as each meets the definition of Indian below, or are
your descendants within two generations of an Indian, or they already
are co-owners in the same parcel. Land not passing to one of the people
above will then pass to the tribe where the land is located.
If you have a spouse and other eligible heirs, your
surviving spouse will inherit \1/3\ of any money in your IIM account at
the time of your death, and all of the money produced from your
interest in trust or restricted land during your spouse's lifetime.
Your other heirs get the remaining \2/3\ of any money in your IIM
account at the time of death, and the remaining ownership interest in
the trust or restricted land. Your spouse may also continue to live in
a family home located on allotted land.
If your spouse but no other eligible heirs survive you,
the spouse gets your IIM account, and during the spouse's lifetime, the
money produced from your land interest. The spouse may also continue to
live in a family home located on allotted land. The remaining ownership
interest in land goes to the tribe where the land is located.
If you do not write a will and your ownership interest is
less than 5% of the total, your spouse may continue to live in the
family home on the parcel and then the new probate law will limit
inheritance to the oldest eligible child, and then oldest eligible
grandchild or oldest eligible great-grandchild.
Additionally, the Department of the Interior may purchase interests
in land that are less than 5% of the total, for fair market value
during the probate proceeding without the consent of the heirs.
However, this authority to purchase small interests without the heirs'
consent does not apply if the interest is passing through a valid will,
or if the heirs were living on the land. Spouses living on a parcel
also are protected.
With a Will:
By writing a will, your land can be transferred in trust
to any Indian person, the tribe that has jurisdiction, or any Indian
co-owners. You can also transfer your land in trust to any of your
descendants (children, grandchildren, great grandchildren, and great-
great grandchildren) even if they are not Indian. You can control how
your trust property is passed by creating an estate plan, such as a
will or deed. You can transfer your interests out of trust to anybody.
Even if your spouse is not mentioned in a will, your
spouse may inherit some of your trust property.
Who May Inherit Land in Trust Under AIPRA?
There is an amended definition of Indian that helps determine who
can inherit an interest in land in trust, particularly where there is
no will. Under AIPRA, an ``Indian'' is a person who:
1. Is a member of an Indian tribe, or
2. Is eligible to become a member of an Indian tribe; or
3. Was an owner of an interest in trust or restricted land on
October 27, 2004; or
4. Meets the definition of ``Indian'' under the Indian
Reorganization Act, or
5. In California, any person as in 1, 2, 3, and 4, or who owns
trust or restricted land in California.
This will not affect your eligibility for other federal Indian
programs.
Your heirs who are not Indian may be able to inherit in trust if
they meet the statutory requirements for ``eligible heirs.'' If you
have heirs who are non-Indian, be sure to seek information at the toll-
free number below or at your local agency office.
The provisions of AIPRA are complex. Be sure to seek information
for any questions you may have.
Section 2: Consolidating Ownership Interests
One of the main purposes of the Act is to preserve the trust status
and reduce the number of small, fractionated interests in Indian lands.
The Act does this by providing individuals and tribes with more
opportunities to consolidate fractionated interests and by removing
some restrictions on what tribes and individuals can do with their
lands.
What Is the Purchase Option at Probate?
Certain people can purchase your interest in the parcel during
probate. Your heirs, other co-owners, and the tribe where the land is
located will be able to purchase your interest in the parcel. The
purchase price must equal or exceed the fair market value. Your heirs
would receive the money paid for your interest in the parcel instead of
a share of your interest in the parcel. If your heirs are to receive 5%
interest or more in the parcel, or if they live on the parcel, your
heirs' consent to the purchase is required.
What Are Consolidation Agreements?
Heirs can decide how they want the trust estate distributed at the
probate
[[Page 17717]]
hearing. For example, they may decide whether they wish to inherit
their share, or sell it to other co-owners or the tribe where the land
is located. Heirs may also give their share to another named Indian
person instead of inheriting it.
How Can A Person Acquire Other Fractionated Interests?
The Act contains a number of provisions that are important to
Indian landowners. Some examples are:
Land consolidation options for landowners;
Partition by sale of Indian lands;
Continuation and expansion of the federal ``buy back''
program; and
Greater flexibility for landowners to consolidate and
acquire interests during the probate process.
How Can You Transfer An Interest In Property During Your Lifetime?
Please seek information from your trust officer, your local BIA
office or the toll free number below for information on estate planning
options during your lifetime such as:
Negotiated sales,
Gift deeds,
Land exchanges, and other transactions.
For more information about this notice or the Act, call 1-888-678-
6836 x 888.
[FR Doc. 05-6946 Filed 4-6-05; 8:45 am]
BILLING CODE 4310-W7-P
