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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

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

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

  • Douglas R. Nash, Director of the Institute for Indian Estate Planning and Probate
  • David Mullon, Republican Staff Director and Chief Counsel, United States Senate, Committee on Indian Affairs
  • Michelle Singer, Director, Office of Regulatory Management, Office of Assistant Secretary - Indian Affairs
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

  • Patricia Mattingly, Associate Director, Division of Probate Services, United States Department of Interior Bureau of Indian Affairs, Phoenix, Arizona (invited)
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

  • Honorable Chief Judge Earl Waits, U.S. Department of Interior, Office of Hearings and Appeals, Arlington, VA
  • Honorable Patricia McDonald Dan, U.S. Department of Interior, Office of Hearings and Appeals (Retired), Albuquerque, NM
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

  • Michael Jones, Acting Chief, Division of Land Title and Records, United States Department of Interior, Bureau of Indian Affairs, Washington, D.C. (invited)
  • Stan Webb, Realty Officer, Western Regional Office, United States Department of Interior, Bureau of Indian Affairs, Phoenix, AZ
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.
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

  • Michelle Singer, Director, Office of Regulatory Management, Office of Assistant Secretary - Indian Affairs
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 –

  • Douglas R. Nash, Director of the Institute for Indian Estate Planning and Probate at Seattle University School of Law
  • Cecelia Burke, Deputy Director of the Institute for Indian Estate Planning and Probate at Seattle University School of Law
Noon Lunch Provided

1:15 - 4:30 p.m.

Afternoon Session:
Tribal Probate Code Round Table - A panel of tribal officials and attorneys will discuss the custom, legal, and policy issues encountered in drafting an approved code under AIPRA.

  • Daniel Hester, Partner, Fredericks, Pelcyger, Hester, & White, PLLC, attorney representing the Confederated Tribes of Umatilla, Oregon
  • Bill Tovey, Director of Economic and Community Development, The Confederated Tribes of the Umatilla (Invited)
  • Jeanette Wolfley, Attorney, representing the Shoshone-Bannock Tribe, Idaho
  • Sam Penney, Chairman, Nez Perce Tribal Enterprise Committee, Idaho
  • Julie Kane, Chief Counsel, Office of Legal Counsel for the Nez Perce Tribe, Lapwai, Idaho
  • Del Laverdure, Office of Legal Counsel, The Crow Nation Executive Branch, Montana (invited)
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).

Registration Information

Standard Registration Fee $380.00
SU Law School Alumni Registration Fee $350.00
Tribal Government Employees & Tribal Members $325.00

Online registration has closed. Please contact Lupe Ceballos at (206) 398-4284 for limited seating.

Cancellation Policy

Should you find it necessary to cancel, please notify the AIPRA office as soon as possible, so that other potential registrants can take your place. Please call (206) 398-4284, or send an e-mail to ceballosl@seattleu.edu.

Travel & Lodging

Silver Cloud Hotel: Please make reservations directly with the Reservation Department by calling (800) 590-1801. Give the name of the group “SU-American Indian Probate” and ask for the group rate. Room reservations must be made no later than Friday, June 13, 2008. Check-in July 21, 2008. Check-out July 23, 2008.

Please also view our Travel Information page for help planning your trip to Seattle.

For additional information about this CLE seminar, please contact Lupe Ceballos, The Institute for Indian Estate Planning & Probate, via e-mail (ceballosl@seattleu.edu) or by phone at (206) 398-4284.

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