---
kind: "section"
citation: "25 C.F.R. § 18.106"
title: "25"
number: "18.106"
heading: "What will the Department consider in the approval process?"
url: "https://uscodex.org/cfr/25/18.106"
---

# §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)](#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)](#c-1) or [(c)(2)](#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.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq.; 25 CFR part 15; 43 CFR part 4.

### Source

Source: 73 FR 67283, Nov. 13, 2008, unless otherwise noted.