2003 US Code
Title 25 - INDIANS
CHAPTER 24 - INDIAN LAND CONSOLIDATION
Sec. 2205 - Tribal probate codes; acquisitions of fractional interests by tribes
View MetadataPublication Title | United States Code, 2000 Edition, Supplement 3, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 24 - INDIAN LAND CONSOLIDATION Sec. 2205 - Tribal probate codes; acquisitions of fractional interests by tribes |
Contains | section 2205 |
Date | 2003 |
Laws in Effect as of Date | January 19, 2004 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 97-459, title II, §206, as added Pub. L. 106-462, title I, §103(3), Nov. 7, 2000, 114 Stat. 1993. |
Statutes at Large References | 96 Stat. 2518 98 Stat. 3172 114 Stat. 1993 |
Public Law References | Public Law 97-459, Public Law 98-608, Public Law 106-462 |
§2205. Tribal probate codes; acquisitions of fractional interests by tribes (a) Tribal probate codes (1) In general
Notwithstanding any other provision of law, any Indian tribe may adopt a tribal probate code to govern descent and distribution of trust or restricted lands that are—
(A) located within that Indian tribe's reservation; or
(B) otherwise subject to the jurisdiction of that Indian tribe.
(2) Possible inclusionsA tribal probate code referred to in paragraph (1) may include—
(A) rules of intestate succession; and
(B) other tribal probate code provisions that are consistent with Federal law and that promote the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(3) LimitationsThe Secretary shall not approve a tribal probate code if such code prevents an Indian person from inheriting an interest in an allotment that was originally allotted to his or her lineal ancestor.
(b) Secretarial approval (1) In generalAny tribal probate code enacted under subsection (a) of this section, and any amendment to such a tribal probate code, shall be subject to the approval of the Secretary.
(2) Review and approval (A) In generalEach Indian tribe that adopts a tribal probate code under subsection (a) of this section shall submit that code to the Secretary for review. Not later than 180 days after a tribal probate code is submitted to the Secretary under this paragraph, the Secretary shall review and approve or disapprove that tribal probate code.
(B) Consequence of failures to approve or disapprove a tribal probate codeIf the Secretary fails to approve or disapprove a tribal probate code submitted for review under subparagraph (A) by the date specified in that subparagraph, the tribal probate code shall be deemed to have been approved by the Secretary, but only to the extent that the tribal probate code is consistent with Federal law and promotes the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(C) Consistency of tribal probate code with chapterThe Secretary may not approve a tribal probate code, or any amendment to such a code, under this paragraph unless the Secretary determines that the tribal probate code promotes the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(D) ExplanationIf the Secretary disapproves a tribal probate code, or an amendment to such a code, under this paragraph, the Secretary shall include in the notice of disapproval to the Indian tribe a written explanation of the reasons for the disapproval.
(E) Amendments (i) In generalEach Indian tribe that amends a tribal probate code under this paragraph shall submit the amendment to the Secretary for review and approval. Not later than 60 days after receiving an amendment under this subparagraph, the Secretary shall review and approve or disapprove the amendment.
(ii) Consequence of failure to approve or disapprove an amendmentIf the Secretary fails to approve or disapprove an amendment submitted under clause (i), the amendment shall be deemed to have been approved by the Secretary, but only to the extent that the amendment is consistent with Federal law and promotes the policies set forth in section 102 of the Indian Land Consolidation Act 1 of 2000.
(3) Effective datesA tribal probate code approved under paragraph (2) shall become effective on the later of—
(A) the date specified in section 2206(g)(5) of this title; or
(B) 180 days after the date of approval.
(4) Limitations (A) Tribal probate codesEach tribal probate code enacted under subsection (a) of this section shall apply only to the estate of a decedent who dies on or after the effective date of the tribal probate code.
(B) Amendments to tribal probate codesWith respect to an amendment to a tribal probate code referred to in subparagraph (A), that amendment shall apply only to the estate of a decedent who dies on or after the effective date of the amendment.
(5) RepealsThe repeal of a tribal probate code shall—
(A) not become effective earlier than the date that is 180 days after the Secretary receives notice of the repeal; and
(B) apply only to the estate of a decedent who dies on or after the effective date of the repeal.
(c) Authority available to Indian tribes (1) In generalIf the owner of an interest in trust or restricted land devises an interest in such land to a non-Indian under section 2206(a)(6)(A) of this title, the Indian tribe that exercises jurisdiction over the parcel of land involved may acquire such interest by paying to the Secretary the fair market value of such interest, as determined by the Secretary on the date of the decedent's death. The Secretary shall transfer such payment to the devisee.
(2) Limitation (A) In generalParagraph (1) shall not apply to an interest in trust or restricted land if, while the decedent's estate is pending before the Secretary, the non-Indian devisee renounces the interest in favor of an Indian person.
(B) Reservation of life estateA non-Indian devisee described in subparagraph (A) or a non-Indian devisee described in section 2206(a)(6)(B) of this title, may retain a life estate in the interest involved, including a life estate to the revenue produced from the interest. The amount of any payment required under paragraph (1) shall be reduced to reflect the value of any life estate reserved by a non-Indian devisee under this subparagraph.
(3) PaymentsWith respect to payments by an Indian tribe under paragraph (1), the Secretary shall—
(A) upon the request of the tribe, allow a reasonable period of time, not to exceed 2 years, for the tribe to make payments of amounts due pursuant to paragraph (1); or
(B) recognize alternative agreed upon exchanges of consideration or extended payment terms between the non-Indian devisee described in paragraph (1) and the tribe in satisfaction of the payment under paragraph (1).
(d) Use of proposed findings by tribal justice systems (1) Tribal justice system definedIn this subsection, the term “tribal justice system” has the meaning given that term in section 3602 of this title.
(2) RegulationsThe Secretary by regulation may provide for the use of findings of fact and conclusions of law, as rendered by a tribal justice system, as proposed findings of fact and conclusions of law in the adjudication of probate proceedings by the Department of the Interior.
(Pub. L. 97–459, title II, §206, as added Pub. L. 106–462, title I, §103(3), Nov. 7, 2000, 114 Stat. 1993.)
References in TextSection 102 of the Indian Land Consolidation Act Amendments of 2000, referred to in subsecs. (a)(2)(B), (b)(2)(B), (C), (E)(ii), is section 102 of Pub. L. 106–462, which is set out as a note under section 2201 of this title.
This chapter, referred to in subsec. (b)(2)(C), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.
Prior ProvisionsA prior section 2205, Pub. L. 97–459, title II, §206, Jan. 12, 1983, 96 Stat. 2518; Pub. L. 98–608, §1(3), Oct. 30, 1984, 98 Stat. 3172, related to descent and distribution of trust or restricted or controlled lands, tribal ordinance barring nonmembers of tribe or non-Indians from inheritance by devise or descent, and limitation on life estate, prior to repeal by Pub. L. 106–462, title I, §103(3), Nov. 7, 2000, 114 Stat. 1993.
Section Referred to in Other SectionsThis section is referred to in sections 2206, 2207 of this title.
1 So in original. Probably should be followed by “Amendments”.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.