Indian Affairs Hearings and Appeals

The Office of Hearings and Appeals (OHA) is amending its regulations concerning certain hearings and appeals procedures. The regulations govern who has the authority to make summary distributions in Indian trust estates, and when this authority can be exercised. Under the existing regulation, Bureau of Indian Affairs (BIA) Superintendents can make distribution determinations whenever an Indian dies intestate leaving only trust personal property or cash valued at less than $1,000. The jurisdictional amount of $1,000 was established in 1971. This rule clarifies the BIA Superintendents' authority to make summary distributions, and increases, from $1,000 to $5,000, the amount of trust personal property or cash which the BIA Superintendent has jurisdiction to distribute. In addition, this rule clarifies that a party has the right to appeal the distribution decision of the BIA Superintendent.