§ 2205. — Tribal probate codes; acquisitions of fractional interests by tribes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2205]
TITLE 25--INDIANS
CHAPTER 24--INDIAN LAND CONSOLIDATION
Sec. 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 inclusions
A 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) Limitations
The 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 general
Any 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 general
Each 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 code
If 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 chapter
The 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) Explanation
If 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 general
Each 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 amendment
If 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.
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\1\ So in original. Probably should be followed by ``Amendments''.
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(3) Effective dates
A 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 codes
Each 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 codes
With 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) Repeals
The 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 general
If 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 general
Paragraph (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 estate
A 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) Payments
With 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 defined
In this subsection, the term ``tribal justice system'' has the
meaning given that term in section 3602 of this title.
(2) Regulations
The 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, Sec. 206, as added Pub. L. 106-462, title I,
Sec. 103(3), Nov. 7, 2000, 114 Stat. 1993.)
References in Text
Section 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 Provisions
A prior section 2205, Pub. L. 97-459, title II, Sec. 206, Jan. 12,
1983, 96 Stat. 2518; Pub. L. 98-608, Sec. 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, Sec. 103(3), Nov.
7, 2000, 114 Stat. 1993.
Section Referred to in Other Sections
This section is referred to in sections 2206, 2207 of this title.
