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25 U.S.C. § 2207 — Full faith and credit to tribal actions under tribal ordinances limiting descent and distribution of trust or restricted or controlled lands
Federal law — U.S. Code and appendices · legal_authorities
The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under [section 372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372&num=0&edition=prelim), and other laws, shall give full faith and credit to any tribal actions taken pursuant to subsections (a) and (b) of [section 2205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2205&num=0&edition=prelim), which provision shall apply only to estates of decedent’s whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this chapter.
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Source file: Laws/federal/codes/united-states-code/title-25/section-2207-full-faith-and-credit-to-tribal-actions-under-tribal-ordinances-limiting--36ede45a22.md
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Source location: Title 25, Chapter 24, § 2207; chapter-024-indian-land-consolidation.md
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The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under [section 372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372&num=0&edition=prelim), and other laws, shall give full faith and credit to any tribal actions taken pursuant to subsections (a) and (b) of [section 2205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2205&num=0&edition=prelim), which provision shall apply only to estates of decedent’s whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(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** — Any tribal probate code enacted under subsection (a), 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) shall submit that code to the Secretary for
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Federal law — U.S. Code and appendices · legal_authorities
When any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under the Indian Land Consolidation Act [[25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.] or a tribal probate code approved under such Act and pursuant to such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decisions shall be subject to judicial review to the same extent as determinations rendered under [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section373&num=0&edition=prelim). If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent, he may, in his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of 10 per centum of the purchase price at the time of the sale. Should the purchaser fail to comply wi
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Federal law — U.S. Code and appendices · legal_authorities
Page 460
TITLE 25—INDIANS
§ 2207
1 So in original. Probably should be followed by a period.
§ 2207. Full faith and credit to tribal actions
under tribal ordinances limiting descent and
distribution of trust or restricted or con-
trolled lands
The Secretary in carrying out his responsi-
bility to regulate the descent and distribution of
trust lands under section 372 of this title, and
other laws, shall give full faith and credit to any
tribal actions taken pursuant to subsections (a)
and (b) of section 2205 of this title, which provi-
sion shall apply only to estates of decedent’s
whose deaths occur on or after the effective date
of tribal ordinances adopted pursuant to this
chapter.
(Pub. L. 97–459, title II, § 208, Jan. 12, 1983, 96
Stat. 2519; Pub. L. 106–462, title I, § 103(5), Nov. 7,
2000, 114 Stat. 1999.)
Editorial Notes
AMENDMENTS
2000—Pub. L. 106–462 substituted ‘‘subsections (a) and
(b) of section 2205’’ for ‘‘section 2205’’.
§ 2208. Conveyancing authority upon sale or ex-
change of tribal lands; removal of trust sta-
tus of individually owned lands
The Secretary shall have the authority to
issue deeds, patents, or such other instruments
of conveyance needed to effectuate a sale or ex-
change of tribal lands made pursuant to the
terms of this chapter and to remove, at the re-
quest of an Indian owner, the trust status of in-
dividually held lands or interests therein, where
authorized by law.
(Pub. L. 97–459, title II, § 209, Jan. 12, 1983, 96
Stat. 2519.)
§ 2209. Trusteeship title of United States for any
Indian or Indian tribe
Title to any land acquired under this chapter
by any Indian or Indian tribe shall be taken in
trust by the United States for that Indian or In-
dian tribe.
(Pub. L. 97–459, title II, § 210, Jan. 12, 1983,
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