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25 U.S.C. § 2205 — Tribal probate codes; acquisitions of fractional interests by tribes
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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Source file: Laws/federal/codes/united-states-code/title-25/section-2205-tribal-probate-codes-acquisitions-of-fractional-interests-by-tribes--a2db0f396f.md
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Source location: Title 25, Chapter 24, § 2205; chapter-024-indian-land-consolidation.md
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**(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 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 11 So in original. Probably should be followed by “Amendments”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206/b/2/A/ii&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3602&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;
(2) “Indian” means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon.
(3) “Secretary” means the Secretary of the Interior;
(4)
(i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter shall be construed to—
(1) encroach upon or diminish in any way the inherent sovereign authority of each tribal government to determine the role of the tribal justice system within the tribal government or to enact and enforce tribal laws;
(2) diminish in any way the authority of tribal governments to appoint personnel;
(3) impair the rights of each tribal government to determine the nature of its own legal system or the appointment of authority within the tribal government;
(4) alter in any way any tribal traditional dispute resolution forum;
(5) imply that any tribal justice system is an instrumentality of the United States; or
(6) diminish the trust responsibility of the United States to Indian tribal governments and tribal justice systems of such governments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3602
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; [25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with 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.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statement of purpose; sales or exchanges: terms and conditions** Notwithstanding any other provision of law, any tribe, acting through its governing body, is authorized, with the approval of the Secretary to adopt a land consolidation plan providing for the sale or exchange of any tribal lands or interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings: Provided, That—
(1) except as provided by subsection (c), 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) 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) 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) Conveyancing requirement; specific findings for nonexecution*
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nontestamentary disposition**
(1) **Rules of descent** — Subject to any applicable Federal law relating to the devise or descent of trust or restricted property, any trust or restricted interest in land or interest in trust personalty that is not disposed of by a valid will—
(A) shall descend according to an applicable tribal probate code approved in accordance with [section 2205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2205&num=0&edition=prelim); or
(B) in the case of a trust or restricted interest in land or interest in trust personalty to which a tribal probate code does not apply, shall descend in accordance with—
(i) paragraphs (2) through (5); and
(ii) other applicable Federal law.
(2) **11 So in original. Another par. (2) follows par. (5). Rules governing descent of estate**
(A) *Surviving spouse* — If there is a surviving spouse of the decedent, such spouse shall receive trust and restricted land and trust personalty in the estate as follows:
(i) If the decedent is survived by 1 or more eligible heirs described in subparagraph (B)(i), (ii), (iii), or (iv), the surviving spouse shall receive ⅓ of the trust personalty of the decedent and a life estate without regard to waste in the interests in trust or restricted lands of the decedent.
(ii) If there are no eligible heirs described in subparagraph (B)(i), (ii), (iii), or (iv), the surviving spouse shall receive all of the trust personalty of the decedent and a life estate without regard to waste in the trust or restricted lands of the decedent.
(iii) The remainder shall pass as set forth in subparagraph (B).
(iv) Trust personalty passing to a surviving spouse under the provisions of this subparagraph shall be maintaine
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 436
TITLE 25—INDIANS
§ 2201
1 See References in Text note below.
2 So in original. The period probably should be a semicolon.
Sec.
2202.
Other applicable provisions.
2203.
Adoption of land consolidation plan with ap-
proval of Secretary.
2204.
Purchase of trust or restricted or controlled
lands at no less than fair market value; req-
uisite conditions.
2205.
Tribal probate codes; acquisitions of frac-
tional interests by tribes.
2206.
Descent and distribution.
2207.
Full faith and credit to tribal actions under
tribal ordinances limiting descent and dis-
tribution of trust or restricted or controlled
lands.
2208.
Conveyancing authority upon sale or ex-
change of tribal lands; removal of trust sta-
tus of individually owned lands.
2209.
Trusteeship title of United States for any In-
dian or Indian tribe.
2210.
Tax exemption.
2211.
Governing body of tribe; construction of
chapter as not vesting with authority not
authorized by tribal constitution or by-
laws.
2212.
Fractional interest acquisition program.
2213.
Administration of acquired fractional inter-
ests; disposition of proceeds.
2214.
Establishing fair market value.
2215.
Acquisition Fund.
2216.
Trust and restricted land transactions.
2217.
Reports to Congress.
2218.
Approval of leases, rights-of-way, and sales of
natural resources.
2219.
Application to Alaska.
2220.
Owner-managed interests.
2221.
Annual notice and filing; current where-
abouts of interest owners.
§ 2201. Definitions
For the purpose of this chapter—
(1) ‘‘Indian tribe’’ or ‘‘tribe’’ means any In-
dian tribe, band, group, pueblo, or community
for which, or for the members of which, the
United States holds lands in trust;
(2) ‘‘Indian’’ means—
(A) any person who is a member of any In-
dian trib
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
Page 444
TITLE 25—INDIANS
§ 2205
the provisions of this subsection. Such regula-
tions may include provisions for giving notice
of sales to prospective purchasers eligible to
submit bids at sales conducted under para-
graph (2)(I).
(Pub. L. 97–459, title II, § 205, Jan. 12, 1983, 96
Stat. 2517; Pub. L. 98–608, § 1(2), Oct. 30, 1984, 98
Stat. 3171; Pub. L. 106–462, title I, § 103(2), Nov. 7,
2000, 114 Stat. 1993; Pub. L. 108–374, §§ 4, 6(a)(1),
Oct. 27, 2004, 118 Stat. 1787, 1797; Pub. L. 109–157,
§§ 2, 8(a)(1), Dec. 30, 2005, 119 Stat. 2949, 2952; Pub.
L. 110–453, title II, § 207(b), Dec. 2, 2008, 122 Stat.
5030.)
Editorial Notes
REFERENCES IN TEXT
Section 8(a)(4) of the American Indian Probate Re-
form Act of 2004, referred to in subsec. (c)(2)(A), is sec-
tion 8(a)(4) of Pub. L. 108–374, which is set out as a note
under section 2201 of this title.
This chapter, referred to in subsec. (c)(2)(B), (E),
(G)(i), was in the original ‘‘this Act’’, which was trans-
lated as reading ‘‘this title’’, meaning title II of Pub. L.
97–459, to reflect the probable intent of Congress.
AMENDMENTS
2008—Subsec. (c)(2)(D)(i). Pub. L. 110–453 substituted
‘‘by the Secretary’’ for ‘‘by Secretary’’ in concluding
provisions.
2005—Subsec. (a). Pub. L. 109–157, § 2(1), added subsec.
(a) and struck out heading and text of former subsec.
(a). Text read as follows: ‘‘Subject to subsection (b) of
this section, any Indian tribe may purchase at no less
than the fair market value part or all of the interests
in any tract of trust or restricted land within that
tribe’s reservation or otherwise subject to that tribe’s
jurisdiction with the consent of the owners of such in-
terests. The tribe may purchase all of the interests in
such tract with the consent of the owners of und
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