Regulations last checked for updates: Aug 02, 2025

Title 43 - Public Lands: Interior last revised: Jul 22, 2025
§ 4.731 - What evidence must the Project Director file with the presiding officer?

The Project Director must file with the presiding officer sufficient evidence to enable the presiding officer to determine a decedent's heirs under the Act. That evidence must include:

(a)(1) A copy of the decedent's death certificate if one exists; or

(2) If there is no death certificate, then another form of official written evidence of the death, such as a burial or transportation of remains permit, coroner's report, or church registry of death; or

(3) If there is no death certificate and no other form of official written evidence, then a secondary form of evidence of death such as an affidavit from someone with personal knowledge concerning the fact of death or an obituary or death notice from a newspaper;

(b) A document containing information for heirship finding and family history, including:

(1) The facts and alleged facts of:

(i) The decedent's marriages, separations, and divorces; and

(ii) Whether the relationships of decedent's potential heirs and other known parties in interest arose by marriage, blood, or adoption;

(2) The names and last known addresses of decedent's potential heirs and other known parties in interest; and

(3) Other relevant information regarding the parties in interest, including dates of births and deaths;

(c) A certification by the Project Director or their designee that the information required in paragraph (b)(2) of this section was filed after having made a reasonable and diligent search;

(d) A copy of each document evidencing the information required in paragraphs (b)(1) and (3) of this section, such as marriage licenses and certificates, divorce and adoption decrees, birth and death certificates, and affidavits or adjudications of paternity;

(e) Known and relevant determinations of heirs of relatives of the decedent, including those recognized as effective under section 5(a) of the Act and those rendered by courts of Minnesota or other States, by tribal courts, or by tribunals authorized by the laws of other countries; and

(f) A report of the compensation due the decedent, including interest calculated to the date of death of the decedent and an outline of the derivation of the compensation containing:

(1) Its real property origins and the succession of the compensation to the decedent; and

(2) All of the intervening heirs under the Act, their fractional shares, and the amount of compensation attributed to each of them.

source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.
cite as: 43 CFR 4.731