25 U.S.C. § 2205 : US Code - Section 2205: Tribal probate codes; acquisitions of fractional interests by tribes

Search 25 U.S.C. § 2205 : US Code - Section 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) of this section.
(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.
(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
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) Authority
(A) 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(b)(2)(A)(ii) 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.
(B) Transfer
The Secretary shall transfer payments received under
subparagraph (A) to any person or persons who would have
received an interest in land if the interest had not been
acquired by the Indian tribe in accordance with this paragraph.
(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
On request by the Indian tribe described in clause
(i)(II)(bb), a restriction relating to the acquisition by the
Indian tribe of an interest in a family farm involved shall
be recorded as part of the deed relating to the interest
involved.
(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
A non-Indian devisee described in paragraph (1), 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.