---
kind: "section"
citation: "43 C.F.R. § 30.236"
title: "43"
number: "30.236"
heading: "How are covered permanent improvements treated?"
url: "https://uscodex.org/cfr/43/30.236"
---

# §30.236. How are covered permanent improvements treated?

- (a) In an intestate case, under the Act, an interest in a covered permanent improvement attached to a parcel of trust or restricted land is treated as shown in the following table:
- (b) In a testate case, under the Act, an interest in a covered permanent improvement attached to a parcel of trust or restricted land is treated as shown in the following table:
- (c) **The provisions of the Act apply to a covered permanent improvement—**
  - (1) Even though it is not held in trust; and
  - (2) **Without altering or otherwise affecting its non-trust status.**
- (d) The judge's decision will specifically direct the distribution only of the decedent's trust or restricted property, and not any non-trust permanent improvement attached to a parcel of trust or restricted land. However, the judge:
  - (1) Will include in the decision a general statement of the substantive law of descent or devise of permanent improvements; and
  - (2) Can approve a consolidation agreement under subpart F of this part that includes a covered permanent improvement.

## Notes

### Amendments

[76 FR 7507, Feb. 10, 2011]

### Authority

Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457.

### Source

Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted.

### Amendments

[76 FR 7507, Feb. 10, 2011]