USC - Tribal probate codes; acquisitions of fractional interests by tribes

View all text of Chapter 24 [§ 2201 - § 2221]

§ 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) Tribal probate codes

Except as provided in any applicable Federal law, the Secretary shall not approve a tribal probate code, or an amendment to such a code, that prohibits the devise of an interest in trust or restricted land to—

(A) an Indian lineal descendant of the original allottee; or

(B) an Indian who is not a member of the Indian tribe with jurisdiction over such an interest;

unless the code provides for—

(i) the renouncing of interests to eligible devisees in accordance with the code;

(ii) the opportunity for a devisee who is the spouse or lineal descendant of a testator to reserve a life estate without regard to waste; and

(iii) payment of fair market value in the manner prescribed under subsection (c)(2).

(b) Secretarial approval

(1) In general

(2) Review and approval

(A) In general

(B) Consequence of failures to approve or disapprove a tribal probate code

(D) Explanation

(E) Amendments

(i) In general

(ii) Consequence of failure to approve or disapprove an amendment

(3) Effective dates

A tribal probate code approved under paragraph (2) shall become effective on the later of—

(A) the date that is 1 year after the date on which the Secretary makes the certification required under section 8(a)(4) of the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108–374); or

(B) 180 days after the date of approval.

(4) Limitations

(A) Tribal probate codes

(B) Amendments to tribal probate codes

(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.

(1) Authority

(A) In general

(B) Transfer

(2) Limitation

(A) Inapplicability to certain interests

(i) In general

Paragraph (1) shall not apply to an interest in trust or restricted land if—

(I) while the decedent’s estate is pending before the Secretary, the non-Indian devisee renounces the interest in favor of an Indian person; or(II)(aa) the interest is part of a family farm that is devised to a member of the family of the decedent; and(bb) the devisee agrees in writing that the Indian tribe with jurisdiction over the land will have the opportunity to acquire the interest for fair market value if the interest is offered for sale to a person or entity that is not a member of the family of the owner of the land.

(ii) Recording of interest

(iii) Mortgage and foreclosure

Nothing in clause (i)(II) limits—

(I) the ability of an owner of land to which that clause applies to mortgage the land; or(II) the right of the entity holding such a mortgage to foreclose or otherwise enforce such a mortgage agreement in accordance with applicable law.

(iv) Definition of “member of the family”

In this paragraph, the term “member of the family”, with respect to a decedent or landowner, means—

(I) a lineal descendant of a decedent or landowner;(II) a lineal descendant of the grandparent of a decedent or landowner;(III) the spouse of a descendant or landowner described in subclause (I) or (II); and(IV) the spouse of a decedent or landowner.

(B) Reservation of life estate

(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

(2) Regulations

(Pub. L. 97–459, title II, § 206, as added Pub. L. 106–462, title I, § 103(3), Nov. 7, 2000, 114 Stat. 1993; amended Pub. L. 108–374, § 6(a)(3), Oct. 27, 2004, 118 Stat. 1799; Pub. L. 109–157, § 3, Dec. 30, 2005, 119 Stat. 2950.)