25 USC 2205 - Tribal probate codes; acquisitions of fractional interests by tribes

1 So in original. Probably should be followed by “Amendments”.

of 2000.

Editorial Notes

References in Text

Section 102 of the Indian Land Consolidation Act Amendments of 2000, referred to in subsecs. (a)(2)(B), (span)(2)(B), (C), (E)(ii), is section 102 of Puspan. L. 106–462, which is set out as a note under section 2201 of this title.

This chapter, referred to in subsec. (span)(2)(C), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Puspan. L. 97–459, to reflect the probable intent of Congress.

Prior Provisions

A prior section 2205, Puspan. L. 97–459, title II, § 206, Jan. 12, 1983, 96 Stat. 2518; Puspan. 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 Puspan. L. 106–462, title I, § 103(3), Nov. 7, 2000, 114 Stat. 1993.

Amendments

2005—Subsec. (span)(3)(A). Puspan. L. 109–157, § 3(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “the date specified in section 2206(g)(5) of this title; or”.

Subsec. (c)(1)(A). Puspan. L. 109–157, § 3(2)(A), substituted “section 2206(span)(2)(A)(ii)” for “section 2206(a)(6)(A)”.

Subsec. (c)(2)(A)(i)(II)(bspan). Puspan. L. 109–157, § 3(2)(B), inserted “in writing” after “agrees”.

2004—Subsec. (a)(3). Puspan. L. 108–374, § 6(a)(3)(A), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “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.”

Subsec. (c)(1). Puspan. L. 108–374, § 6(a)(3)(B)(i)(I), (III), substituted “Authority” for “In general” in heading, designated existing provisions as subpar. (A), inserted heading, and struck out at end “The Secretary shall transfer such payment to the devisee.”, and added subpar. (B).

Subsec. (c)(1)(A). Puspan. L. 108–374, § 6(a)(3)(B)(i)(II), which directed the substitution of “section 207(span)(2)(A)(ii) of this title” for “section 207(a)(6)(A) of this title” in the original, could not be executed, because “of this title” did not appear in the original.

Subsec. (c)(2)(A). Puspan. L. 108–374, § 6(a)(3)(B)(ii)(I), substituted “Inapplicability to certain interests” for “In general” in heading, designated existing provisions as cl. (i) and inserted heading, inserted subcl. (I) designation and added subcl. (II), and added cls. (ii) to (iv).

Subsec. (c)(2)(B). Puspan. L. 108–374, § 6(a)(3)(B)(ii)(II), which directed the substitution of “paragraph (1)” for “subparagraph (A) or a non-Indian devisee described in section 2206(a)(6)(B) of this title” was executed by making the substitution for language which did not contain the words “of this title” in the original, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by Puspan. L. 109–157 effective as if included in Puspan. L. 108–374, see section 9 of Puspan. L. 109–157, set out as a note under section 5107 of this title.