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Spilyay Tymoo November 24, 2005
New law changes how trust land
in Indian Country is inherited
By Dave McMechan
Spilyay Tymoo
A new law taking effect in
June 2006 will make significant
change in the probate laws of
Indian Country.
The new law is called the
American Indian Probate Re
form Act, and changes the way
a trust estate is distributed to
heirs after a person's passing
away.
The change in the law in
creases the importance and ben
efits to tribal members of writ
ing a will or doing an estate plan.
"We would like everyone 1 8
and over to have a will, espe
cially if they have land," said
Richard Tohct, Tribal Probate
Court administrator.
Only a small percentage of
tribal members have wills on file
at the Probate Department, he
said, Toliet and probate clerk
Josephine Wyman are available
to give advice on wills and es
tate planning.
The Probate Department,
located upstairs at the court
house, has packets containing
the information and forms
needed to produce a will or es
tate plan. Vital Statistics and the
tribal attorneys are also good
sources of information, said
Wyman.
One intention of the Ameri
can Indian Probate Reform Act
is to aid in bringing some allot
ted reservation land back into
reservation ownership. Unlike
Warm Springs, some reserva
tions have many allotments
within the reservation, creating
the checkerboard pattern of
ownership.
A Warm Springs tribal mem
ber married to person from an
other tribe, who has property at
the other reservation, should
take a particular interest in the
new law, said Tohet. A summary
of the law says the following:
If you do not write a will,
under the new law your trust
land will continue to be inher
ited by your immediate family
-children or grandchildren, and
p issibly great grandchildren, and
if you have none, then to your
parents or brothers and sisters.
If there is no will, and there is
no immediate family, then the
land passes the tribe where the
land is located. On the other
hand, by writing a will, your land
can be transferred to any Indian
person, to the tribe or any In
dian co-owners. Contact the Pro
bate Department, 553-3386, for
information.
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Dave McMschanSpilyay
Local drummers were on hand for the ECE powwow Friday, Nov. 1 8 at Agency
Longhouse.
Loans available to youth, adults
Loans are available to youth
and adults through the USDA
Farm Service Agency.
Loan manager Sharilyn Hice,
and Carmela Scott, chairwoman
of the Irrigation and Range
Committee, are encouraging
tribal members to look into the
possibility of obtaining a loan.
Loans can be used for pur
chase and improvement of
property, such as through the
building of barns or fencing, or
anything related to agriculture
production.
The loan limits for adults are
$200,000 for land purchase,
and $200,000 for production.
The youth loans are available
to those from 10 to 21 years of
age. A youth loan can be used
for many purposes. A Warm
Springs youth, for instance, used
a loan to raise a livestock ani
mal for sale at the county fair.
At Grand Ronde a youth loan
was used for raising alpacas. A
young person in Yakama used a
loan to open a laundry mat.
The limit on the youth loan
is $5,000. To obtain a loan the
youth must have a business
plan. There is paperwork that
can be complicated, but the
Farm Service Agency will help
with filling in the needed infor
mation, said Hice. She makes
regular visits from her Salem
office to Warm Springs.
Another requirement of the
youth loan is 4-H or FFA spon
sorship. Interest rates on the Farm
Service Agency Loans are bet
ter than rates offered by banks.
Also, the agency loans are made
available to people who might
not be able to get a bank loan.
There is also an emphasis on
providing the loans to tribal
members, said Hice. To speak
with her call (503) 399-5741, ext.
115.
In January there will be a
Farm Service Agency workshop
in Warm Springs on the loan
program.
The first day of the work
shop will focus on the youth loan
program, and the second day
will focus on the adult opera
tion and ownership loan program.
Warm Springs, please
support the businesses you
see in the Spilyay - Thej
give back to the community!
PHONE:54 1-475-5656
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PAINTS
Insert Oealer Imprint
And Sales Dates Here
1076 SW Hwy 97 in Madras
475-21166
Mon.-Fri. 7:30-5:30 & Saturday 9-4
25 years ago
From the Dec. 5, 1980
edition of the Spilyay
Tymoo.
Acting on the recommen
dation of the Range, Irriga
tion and Agriculture Commit
tee, Tribal Council voted to
award the Vanora Townsite
lease joindy to Victor Smith
and Olney Patt Jr. The
Vanora Townsite property is
located two and a half miles
south of the Deschutes River
bridge at the Pelton dam turn
off. It was purchased by the
Confederated Tribes in late
1979 from Paul Schoen and
Eddie Hagen, who hold a
lease on the property until
Dec. 31. In other news:
The Tribal Council has set
Dec. 1 8 as the new referen
dum date for the Land Pur
chase Budget. The new date
was set following the Nov. 4
election which was four votes
short of being valid. Else
where: Three days of boss
worker workshops dealing
with inter-office relations
concluded with an awards
luncheon honoring bosses
and workers who excelled in
their jobs. One hundred and
sixty eight people attended
the luncheon at which Enter
prise branch manager Ed
Manion was selected as boss
of the year, and Joyce White,
alcohol and drug depart
ment secretary, was named
employee of the year. And
this:
People on the reservation
and throughout the school dis
trict were shocked and sad
dened to learn of the death
of Dr. Ernest Weber, who
was district 509-J assistant
superintendent He died in a
one-car accident Nov. 12
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