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The Yurok Tribal Council finds and declares that:

(a) It is of paramount importance to encourage the preparation of wills or other estate plans for the transfer of property upon death, to carry out the intent of the decedent, and to provide a speedy, efficient and user-friendly system for the administration of all aspects of decedent estates, including all types of real and personal property;

(b) It is important to provide the opportunity to prepare for catastrophic and end of life events by creating a health care directive and durable powers of attorney;

(c) Preservation of the land base of the Tribe is critical to the vitality of the sovereignty, environment, and economy of the Tribe;

(d) It is important to encourage and consolidate Tribal and Tribal members’ ownership of Yurok Reservation lands;

(e) It is important to prevent the transfer of land out of Tribal ownership and control;

(f) Due to the federal allotment policy that began in the late nineteenth century and subsequent transfers of allotted lands, a significant portion of the Yurok Reservation is fractionated or owned by nonmembers;

(g) The transfer or devise of interests in Yurok Reservation trust land upon the death of any individual owner could lead to further fractionation or nonmember ownership of Yurok Reservation land;

(h) By amending the Yurok Probate Ordinance to cover all types of real estate and personal property, including trust and restricted land and personalty, the Tribe intends to foster a uniform system to facilitate the probate process in a cost-efficient manner and to maintain and enhance its self-sufficiency, self-determination, and sovereignty. [Ord. 50A § 9002, amended, 6/22/2017.]