§ 2205. Tribal probate codes; acquisitions of fractional interests by tribes

Footnotes

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Indian Land Consolidation Act

   Pub. L. 97–459 title II § 206 · 96 Stat. 2515

   Enacted · 25 U.S.C. § 2205

   Pub. L. 97–459, title II, § 206, as added Pub. L. 106–462, title I, § 103(3), Nov. 7, 2000, 114 Stat. 1993

   Source evidence

   Code 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

   Enacted provision · exact public law section
   Sec. 206. Notwithstanding any other provisions of law, any Indian tribe may provide by appropriate action of its governing body, subject to approval by the Secretary, that nonmembers of the tribe or non-Indians shall not be entitled to receive by devise or descent any interest of a member of such tribe in trust or restricted lands within that tribe’s reservation or otherwise subjected to that tribe’s jurisdiction: Provided, That in the event a tribe takes such action— (1) the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary; (2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may accept or give cash in such exchange in order to equalize the values of the property exchanged; (3) any proceeds from the sale of land or interests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land; (4) Trust account. the Secretary shall maintain a separate trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this section; and (5) Mineral rights. any tribe may retain the mineral rights to such sold or exchanged lands and the Secretary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands. (b) The Secretary must execute such instrument of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he makes a specific finding that such sale or exchange is not in the best interest of the tribe or is not in compliance with the tribal land consolidation plan— (1) if an Indian dies intestate, the surviving non-Indian or nonmember spouse and/or children shall be entitled to a life estate in as much of the trust or restricted lands as he, she or they would have been entitled to take under existing law; (2) if an intestate Indian decedent has no heir to whom interests in trust or restricted lands may pass, such interests shall escheat to the tribe, subject to any non-Indian or non-member spouse and/or children’s rights as described in paragraph (1) of this section; (3) if an Indian decedent has devised interests in trust or restricted lands to persons who are ineligible for such an inheritance by reason of a tribal ordinance enacted pursuant to this section, the devise shall be voided only if, while the estate is pending before the Secretary for probate, the tribe acquires such interests by paying to the Secretary, on behalf of the devisees, the fair market value of such interests as determined by the Secretary as of the date of the decedent’s death: Provided, That any non-Indian or nonmember spouse and/or children of such decedent who have been devised such interests may retain, at their option, a life estate in such interests, or be compensated by the tribe for the value of such interests.

2. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(3)(A) · 118 Stat. 1773

   1. Added · 25 U.S.C. § 2205(a)(3)

      Pub. L. 108–374, § 6(a)(3)(A), added par. (3)

   2. Struck · 25 U.S.C. § 2205(a)(3)

      Pub. L. 108–374, § 6(a)(3)(A), 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. 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.”

   Enacted provision · exact public law section
   (A) in subsection (a), by striking paragraph (3) and inserting the following: “(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).” ; and

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

3. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(3)(B)(i)(I) · 118 Stat. 1773

   1. Substituted · 25 U.S.C. § 2205(c)(1)

      Pub. L. 108–374, § 6(a)(3)(B)(i)(I), (III), substituted “Authority” for “In general” in heading

   2. Amended · 25 U.S.C. § 2205(c)(1)

      Pub. L. 108–374, § 6(a)(3)(B)(i)(I), (III), designated existing provisions as subpar. (A)

   3. Inserted · 25 U.S.C. § 2205(c)(1)

      Pub. L. 108–374, § 6(a)(3)(B)(i)(I), (III), inserted heading

   4. Struck · 25 U.S.C. § 2205(c)(1)

      Pub. L. 108–374, § 6(a)(3)(B)(i)(I), (III), struck out at end “The Secretary shall transfer such payment to the devisee.”

   5. Added · 25 U.S.C. § 2205(c)(1)

      Pub. L. 108–374, § 6(a)(3)(B)(i)(I), (III), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. 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).

   Enacted provision · exact public law section
   (I) by striking the paragraph heading and inserting the following: “(1) Authority.— “(A) In general.— ” ;

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

4. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(3)(B)(i)(II) · 118 Stat. 1773

   Substituted · 25 U.S.C. § 2205(c)(1)(A)

   Pub. L. 108–374, § 6(a)(3)(B)(i)(II), which directed the substitution of “section 207(b)(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

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A). Pub. L. 108–374, § 6(a)(3)(B)(i)(II), which directed the substitution of “section 207(b)(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.

   Enacted provision · exact public law section
   (II) in the first sentence of subparagraph (A) (as redesignated by clause (i)), by striking “section 207(a)(6)(A) of this title” and inserting “section 207(b)(2)(A)(ii) of this title”; and

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

5. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(3)(B)(ii)(I) · 118 Stat. 1773

   1. Substituted · 25 U.S.C. § 2205(c)(2)(A)

      Pub. L. 108–374, § 6(a)(3)(B)(ii)(I), substituted “Inapplicability to certain interests” for “In general” in heading

   2. Amended · 25 U.S.C. § 2205(c)(2)(A)

      Pub. L. 108–374, § 6(a)(3)(B)(ii)(I), designated existing provisions as cl. (i)

   3. Inserted · 25 U.S.C. § 2205(c)(2)(A)

      Pub. L. 108–374, § 6(a)(3)(B)(ii)(I), inserted heading

   4. Inserted · 25 U.S.C. § 2205(c)(2)(A)

      Pub. L. 108–374, § 6(a)(3)(B)(ii)(I), inserted subcl. (I) designation

   5. Added · 25 U.S.C. § 2205(c)(2)(A)

      Pub. L. 108–374, § 6(a)(3)(B)(ii)(I), added subcl. (II)

   6. Added · 25 U.S.C. § 2205(c)(2)(A)

      Pub. L. 108–374, § 6(a)(3)(B)(ii)(I), added cls. (ii) to (iv)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. 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).

   Enacted provision · exact public law section
   (I) in subparagraph (A)— (aa) by striking the subparagraph heading and all that follows through “Paragraph (1) shall not apply” and inserting the following: “(A) Inapplicability to certain interests.— “(i) In general.— Paragraph (1) shall not apply” ; (bb) in clause (i) (as redesignated by item (aa)), by striking “if, while” and inserting the following: “if— “(I) while” ; (cc) by striking the period at the end and inserting “; or”; and (dd) by adding at the end the following: “(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 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.” ; and

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

6. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(3)(B)(ii)(II) · 118 Stat. 1773

   Substituted · 25 U.S.C. § 2205(c)(2)(B)

   Pub. 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

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. 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.

   Enacted provision · exact public law section
   (II) in subparagraph (B), by striking “subparagraph (A)” and all that follows through “207(a)(6)(B) of this title” and inserting “paragraph (1)”;

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

7. 2005

   Indian Land Probate Reform Technical Corrections Act of 2005

   Pub. L. 109–157 § 3(1) · 119 Stat. 2949

   1. Added · 25 U.S.C. § 2205(b)(3)(A)

      Pub. L. 109–157, § 3(1), added subpar. (A)

   2. Struck · 25 U.S.C. § 2205(b)(3)(A)

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

   Source evidence

   Code amendment note
   Subsec. (b)(3)(A). Pub. 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”.

   Enacted provision · exact public law section
   (1) in subsection (b)(3), by striking subparagraph (A) and inserting the following: “(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” ; and

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

8. 2005

   Indian Land Probate Reform Technical Corrections Act of 2005

   Pub. L. 109–157 § 3(2)(A) · 119 Stat. 2949

   Substituted · 25 U.S.C. § 2205(c)(1)(A)

   Pub. L. 109–157, § 3(2)(A), substituted “section 2206(b)(2)(A)(ii)” for “section 2206(a)(6)(A)”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A). Pub. L. 109–157, § 3(2)(A), substituted “section 2206(b)(2)(A)(ii)” for “section 2206(a)(6)(A)”.

   Enacted provision · exact public law section
   (A) in paragraph (1)(A), by striking “section” and all that follows through “the Indian tribe” and inserting “section 207(b)(2)(A)(ii), the Indian tribe”; and

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

9. 2005

   Indian Land Probate Reform Technical Corrections Act of 2005

   Pub. L. 109–157 § 3(2)(B) · 119 Stat. 2949

   Inserted · 25 U.S.C. § 2205(c)(2)(A)(i)(II)(bb)

   Pub. L. 109–157, § 3(2)(B), inserted “in writing” after “agrees”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A)(i)(II)(bb). Pub. L. 109–157, § 3(2)(B), inserted “in writing” after “agrees”.

   Enacted provision · exact public law section
   (B) in paragraph (2)(A)(i)(II)(bb), by inserting “in writing” after “agrees”.

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

20 of 20 references resolved to an enrolled provision