AUGUST 1, 2001
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Indian Health Board Meets at Coast
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Representatives of the Northwest
Portland Area Indian Health Board
hosted a four-day quarterly board
meeting with the California Rural
Indian Health Board at the Siletz
Tribe's Chinook Winds Casino in
Lincoln City. On Saturday, July 21,
representatives like Pearl Bailer (pic
tured at left, center) of the Quinault
Nation discussed concerns and ideas
with representatives from other
Tribes.
Jim Crouch (right), the Executive
Director of the California Rural In
dian Health Board, addressed con
ference participants with a message
about working together.
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Notice to Indian Landowners
A new law has made important changes in what happens to Indian allotments
when the owners die. On November 7, 2000, the Indian Land Consolidation Act
Amendments of 2000, P.L. 106-462 became law. This letter provides some infor
mation about the new law. For more detailed information please contact your
local BIA Real Estate Services Office. For a list of Bureau offices you can go the
Bureau's web site at www.doi.govbureau-indian-affairs. Under "Organization"
click on "Bureau of Indian Affairs." Click on "Regional Offices" and there is a
complete list of all Bureau offices with addresses and phone numbers. If you do
not have the Internet, you may write to: Bureau of Indian Affairs, Public Affairs
ILCA, Mail Stop 4542 MIB, 1849 C. St. NW, Washington, D.C. 20240. A list of
Bureau offices will be mailed to you.
PROBATE CHANGES The law provides two methods for a judge to decide
who will own your land. By writing a will, you decide who receives your property.
If you do not write a will a judge will apply rules of intestate succession to decide
who will own your land. The rules explained in I and II will apply to the estates
of people who die after May 2002. These rules may also be affected by a federally
approved Tribal probate code.
I. RULES OF INTESTATE SUCCESSION
If you do not write a will, a judge can only give your land to your spouse or
immediate family, but only if they are Indian.
If your spouse or immediate families (parent's, children, grandchildren, grand
parents, brothers and sisters) are not Indian, they can inherit a life estate (if you
own a life estate your right to the land lasts as long as you live, but you cannot
decide who will get the land when you pass away). The remainder interest will go
to any of your close family (brothers, sisters, aunts, uncles, nieces, nephews and
first cousins) if they are Indian and also own a share in the same allotment. If no
members of your close family are Indian or none of them owns a share in the
allotment, the Tribe will get the land when the life estate holder dies.
If a shareholder is smaller than 5 of the whole allotment and it is inherited by
more than one of your heirs, those heirs will inherit as JTROS. If the descen
dants are more than 5 percent, each heir will inherit as a tenant in common (if
you own a land with someone else as tenants in common, you will have an equal
right with your co-owners to the land while you live and you can also decide who
will own that interest when you pass away).
II. RULES OF INHERITANCE WITH A WILL
If you write a will, you may leave your trust land to any Indian or Tribe.
However, if your will leaves your land to a non-Indian, they will receive only a
life estate. The judge will give the remainder interest to your spouse or immedi
ate family, but only if they are Indian.
If neither your spouse nor your immediate family are Indian, the remainder
interest will go to your close family if they are Indian and also own share in the
same allotment. If no member of your close family are Indian or none of them owns
share in the allotment, the Tribe will get the land when the life estate holder dies.
If your will leaves your land to more than one person, the judge will make them
JTROS, unless your will specifically makes tenants in common (if you own land
with someone else as tenants in common, you will have an equal right with your
co-owners to the land while you live and you can also decide who will own that
interest when you pass away).
If your spouse, immediate family, close family and children, grandchildren are
all non-Indians, you may be able to leave more than a life estate to them. To find
out more about your options, you should contact the local BIA Real Estate Service's
Office.
To prevent land from leaving trust status, Tribes may buy interests that are
left to non-Indians by will.
HL RULES FOR CO-OWNERS
If you own a share in an Indian allotment, you may buy the share of a deceased
co-owner to prevent the Tribe from acquiring that share under either intestate
succession or a will. You may not do this if the deceased co-owner's family will
inherit the property.
ADDITIONAL CHANGES Other parts of the new law will help with land
consolidation and the development of allotted land.
1. At any probate hearing, the heirs can consolidate their shares in the land
being probated or any other shares in allotment the heirs may own.
2. The new law makes it easier for allotment owners to buy, sell, or exchange
interests in trust land. For example, an appraisal may not be needed when you
give or sell land to a family member. Also, you can make a gift of your land to
non-family members and the Tribe. It should also take less time to put an undi
vided interest into trust if any of the allotment was in trust on November 7, 2000.
3. To encourage consolidation, you can now make a written request for the
names, addresses and ownership interests of your co-owners or the owners of
trust land on your reservation. To encourage development, lessees and other
users can also obtain the same information.
4. To encourage negotiated leases, the law sets new minimum consent require
ments for the leasing of allotted land.
5. The new law does not apply to land in Alaska.
Take
Care Of Yourself - Kathleen Marquart (left), a Physician's Assis
tant at the Tribe's Health and Wellness Center talked
with a group of Nanitch Sahallie residents and some
local girls who recently gathered in Grand Ronde at
the Tribe's Culture Site to participate in a Young
Women's Wellness Education event Young Indian
Women in Action. They learned about how to take
care of themselves in regards to alcohol and drugs,
tobacco, birth control and sexually transmitted dis
eases. A total of 17 young women and 11 adults
took part in the daylong program.
Photos by Justin Phillips
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Tribal Youth Shelter Opens
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Safe Harbor The Tribe's Social Services department recently opened a
youth shelter in Grand Ronde in an effort to provide a safe place for troubled
youth. Social Services Director Anthony Gagliardo (left) said the youth shelter
took over a year to put together. "This shelter shows a true commitment and
dedication for the safety and well-being of Tribal member children," said Gagliardo
at the blessing ceremony. Photo by Justin Phillips