Notice of the Secretary's Assumption of Jurisdiction Over Probate of Estates in Which Property Escheated to an Indian Tribe Pursuant to 25 U.S.C. 2206 and Opportunity to Comment

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In response to a petition filed by the Deputy Commissioner of Indian Affairs with the Office of Hearings and Appeals to reopen estates in which property escheated to an Indian tribe pursuant to the escheat provision of the Indian Land Consolidation Act, the Secretary of the Interior has assumed jurisdiction over the petition pursuant to his regulatory authority and has issued a proposed order reopening the cases. In Babbitt v. Youpee, a 1997 decision, the United States Supreme Court found the escheat provision unconstitutional. The reopening of the estates would permit the Department of the Interior the opportunity to distribute escheated interests to the rightful distributees without regard to the unconstitutional provision. The Secretary will accept comments on the petition and the proposed order to reopen the estates. All comments must be filed with the Office of Hearings and Appeals, Department of the Interior.