- Details
- By Native News Online Staff
WASHINGTON – The U.S. Department of the Interior announced this morning it has approved the probate code of the Agua Caliente Band of Cahuilla Indians, located in Palm Springs, Calif.
The Interior’s Office of Hearings and Appeals (OHA) will now apply the code when probating trust or restricted lands within the Agua Caliente Indian Reservation. Codes such as the one approved for Agua Caliente’s allow tribes to determine how trust or restricted assets within their reservations pass to heirs upon an individual’s death.
“I commend the Agua Caliente Band for taking steps to address its unique needs,” Assistant Secretary of the Interior-Indian Affairs Tara Sweeney said. “Tribal probate codes enhance tribal sovereignty through greater input by tribes on the preservation of trust assets and the reduction of land fractionation within their reservations.”
Application of tribally adopted probate codes under the American Indian Probate Reform Act (AIPRA), adopted in 2004, helps to shorten the otherwise lengthy process of probating Indian trust assets. Prior to the adoption of AIPRA, federal Indian probate law was governed by the laws of intestate succession of the state within which a tribe resides.
Tribal probate codes now empower federally recognized tribes to restore tribal homelands while addressing the historical problems of land fractionation. Land allotment in the 19th and early 20th centuries resulted in hundreds, and sometimes thousands, of individual owners thereby making it difficult to lease or develop the parcels. As a result, these highly fractionated allotments have lain dormant, unable to be used by tribes for economic or other beneficial purposes.
The Agua Caliente Band of Cahuilla Indians is only the fourth federally recognized tribe to gain approval of its own probate code.
More Stories Like This
MMIP Red Dress Installation Vandalized in AlaskaNCAI Mid Year Underway on Shakopee Mdewakanton Sioux Homelands
Native News Weekly (June 3, 2023): D.C. Briefs
House Passes Bipartisan Debt Ceiling Deal; How Native American Members of Congress Voted
History Made as First Navajo Appointed U.S. Federal Judge in California
Native News is free to read.
We hope you enjoyed the story you've just read. For the past dozen years, we’ve covered the most important news stories that are usually overlooked by other media. From the protests at Standing Rock and the rise of the American Indian Movement (AIM), to the ongoing epidemic of Murdered and Missing Indigenous People (MMIP) and the past-due reckoning related to assimilation, cultural genocide and Indian Boarding Schools.
Our news is free for everyone to read, but it is not free to produce. That’s why we’re asking you to make a donation to help support our efforts. Any contribution — big or small — helps. Most readers donate between $10 and $25 to help us cover the costs of salaries, travel and maintaining our digital platforms. If you’re in a position to do so, we ask you to consider making a recurring donation of $12 per month to join the Founder's Circle. All donations help us remain a force for change in Indian Country and tell the stories that are so often ignored, erased or overlooked.
Donate to Native News Online today and support independent Indigenous journalism. Thank you.
