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United States Code (Last Updated: May 24, 2014) |
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Title 25. INDIANS |
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Chapter 24. INDIAN LAND CONSOLIDATION |
§ 2206. Descent and distribution
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(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; 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) the words “die without issue”, “die without leaving issue”, “have no issue”, or words of a similar import shall be construed to mean that an individual had no lineal descendants in his lifetime or at his death, and not that there will be no lineal descendants at some future time. (4) Persons born out of wedlock In construing provisions of this chapter 8 relating to lapsed and void devises, and in construing a devise to a person or persons described by relationship to the testator or to another, a person born out of wedlock shall be considered the child of the natural mother and also of the natural father.
(5) Lapsed devises Subject to the provisions of subsection (b) of this section, where the testator devises or bequeaths a trust or restricted interest in land or trust personalty to the testator’s grandparents or to the lineal descendent of a grandparent, and the devisee or legatee dies before the testator leaving lineal descendents, such descendents shall take the interest so devised or bequeathed per stirpes.
(6) Void devises Except as provided in paragraph (5), and if the disposition shall not be otherwise expressly provided for by a tribal probate code approved under section 2205 of this title, if a devise other than a residuary devise of a trust or restricted interest in land or trust personalty fails for any reason, such interest shall become part of the residue and pass, subject to the provisions of subsection (b) of this section, to the other residuary devisees, if any, in proportion to their respective shares or interests in the residue.
(7) Family cemetery plot If a family cemetery plot owned by the testator in trust or restricted status at his decease is not mentioned in the decedent’s will, the ownership of the plot shall descend to his heirs as if he had died intestate.
(i) Heirship by killing (1) Heir by killing defined As used in this subsection, “heir by killing” means any person who knowingly participates, either as a principal or as an accessory before the fact, in the willful and unlawful killing of the decedent.
(2) No acquisition of property by killing Subject to any applicable Federal law relating to the devise or descent of trust or restricted land, no heir by killing shall in any way acquire any trust or restricted interests in land or interests in trust personalty as the result of the death of the decedent, but such property shall pass in accordance with this subsection.
(3) Descent, distribution, and right of survivorship The heir by killing shall be deemed to have predeceased the decedent as to decedent’s trust or restricted interests in land or trust personalty which would have passed from the decedent or his estate to such heir— (A) under intestate succession under this section; (B) under a tribal probate code, unless otherwise provided for; (C) as the surviving spouse; (D) by devise; (E) as a reversion or a vested remainder; (F) as a survivorship interest; and (G) as a contingent remainder or executory or other future interest. (4) Joint tenants, joint owners, and joint obligees (A) Any trust or restricted land or trust personalty held by only the heir by killing and the decedent as joint tenants, joint owners, or joint obligees shall pass upon the death of the decedent to his or her estate, as if the heir by killing had predeceased the decedent. (B) As to trust or restricted land or trust personalty held jointly by 3 or more persons, including both the heir by killing and the decedent, any income which would have accrued to the heir by killing as a result of the death of the decedent shall pass to the estate of the decedent as if the heir by killing had predeceased the decedent and any surviving joint tenants. (C) Notwithstanding any other provision of this subsection, the decedent’s trust or restricted interest in land or trust personalty that is held in a joint tenancy with the right of survivorship shall be severed from the joint tenancy as though the property held in the joint tenancy were to be severed and distributed equally among the joint tenants and the decedent’s interest shall pass to his estate; the remainder of the interests shall remain in joint tenancy with right of survivorship among the surviving joint tenants. (5) Life estate for the life of another If the estate is held by a third person whose possession expires upon the death of the decedent, it shall remain in such person’s hands for the period of time following the decedent’s death equal to the life expectancy of the decedent but for the killing.
(6) Preadjudication rule (A) In general If a person has been charged, whether by indictment, information, or otherwise by the United States, a tribe, or any State, with voluntary manslaughter or homicide in connection with a decedent’s death, then any and all trust or restricted land or trust personalty that would otherwise pass to that person from the decedent’s estate shall not pass or be distributed by the Secretary until the charges have been resolved in accordance with the provisions of this paragraph.
(B) Dismissal or withdrawal Upon dismissal or withdrawal of the charge, or upon a verdict of not guilty, such land and personalty shall pass as if no charge had been filed or made.
(C) Conviction Upon conviction of such person, and the exhaustion of all appeals, if any, the trust and restricted land and trust personalty in the estate shall pass in accordance with this subsection.
(7) Broad construction; policy of subsection This subsection shall not be considered penal in nature, but shall be construed broadly in order to effect the policy that no person shall be allowed to profit by his own wrong, wherever committed.
(j) General rules governing probate (1) Scope Except as provided under applicable Federal law or a tribal probate code approved under section 2205 of this title, the provisions of this subsection shall govern the probate of estates containing trust and restricted interests in land or trust personalty.
(2) Pretermitted spouses and children (A) Spouses (i) In general Except as provided in clause (ii), if the surviving spouse of a testator married the testator after the testator executed the will of the testator, the surviving spouse shall receive the intestate share in the decedent’s trust or restricted land and trust personalty that the spouse would have received if the testator had died intestate.
(ii) Exception Clause (i) shall not apply to a trust or restricted interest in land where— (I) the will of a testator is executed before the date that is 1 year after the date on which the Secretary publishes a notice of certification under section 8(a)(4) of the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108–374); (II) (aa) the spouse of a testator is a non-Indian; and (bb) the testator devised the interests in trust or restricted land of the testator to 1 or more Indians; (III) it appears, based on an examination of the will or other evidence, that the will was made in contemplation of the marriage of the testator to the surviving spouse; (IV) the will expresses the intention that the will is to be effective notwithstanding any subsequent marriage; or (V) (aa) the testator provided for the spouse by a transfer of funds or property outside the will; and (bb) an intent that the transfer be in lieu of a testamentary provision is demonstrated by statements of the testator or through a reasonable inference based on the amount of the transfer or other evidence. (iii) Spouses married at the time of the will Should the surviving spouse of the testator be omitted from the will of the testator, the surviving spouse shall be treated, for purposes of trust or restricted land or trust personalty in the testator’s estate, in accordance with subsection (a)(2)(A) of this section, as though there was no will but only if— (I) the testator and surviving spouse were continuously married without legal separation for the 5-year period preceding the decedent’s death; (II) the testator and surviving spouse have a surviving child who is the child of the testator; (III) the surviving spouse has made substantial payments toward the purchase of, or improvements to, the trust or restricted land in such estate; or (IV) the surviving spouse is under a binding obligation to continue making loan payments for the trust or restricted land for a substantial period of time; except that, if there is evidence that the testator adequately provided for the surviving spouse and any minor children by a transfer of funds or property outside of the will, this clause shall not apply. (B) Children (i) In general If a testator executed the will of the testator before the birth or adoption of 1 or more children of the testator, and the omission of the children from the will is a product of inadvertence rather than an intentional omission, the children shall share in the trust or restricted interests in land and trust personalty as if the decedent had died intestate.
(ii) Adopted heirs Any person recognized as an heir by virtue of adoption under the Act of
July 8, 1940 (25 U.S.C. 372a), shall be treated as the child of a decedent under this subsection.(iii) Adopted-out children (I) In general For purposes of this chapter, an adopted person shall not be considered the child or issue of his natural parents, except in distributing the estate of a natural kin, other than the natural parent, who has maintained a family relationship with the adopted person. If a natural parent shall have married the adopting parent, the adopted person for purposes of inheritance by, from and through him shall also be considered the issue of such natural parent.
(II) Eligible heir pursuant to other Federal law or tribal law Notwithstanding the provisions of subparagraph (B)(iii)(I), other Federal laws and laws of the Indian tribe with jurisdiction over the trust or restricted interest in land may otherwise define the inheritance rights of adopted-out children.
(3) Divorce (A) Surviving spouse (i) In general An individual who is divorced from a decedent, or whose marriage to the decedent has been annulled, shall not be considered to be a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death of the decedent.
(ii) Separation A decree of separation that does not dissolve a marriage, and terminate the status of husband and wife, shall not be considered a divorce for the purpose of this subsection.
(iii) No effect on adjudications Nothing in clause (i) shall prevent the Secretary from giving effect to a property right settlement relating to a trust or restricted interest in land or an interest in trust personalty if 1 of the parties to the settlement dies before the issuance of a final decree dissolving the marriage of the parties to the property settlement.
(B) Effect of subsequent divorce on a will or devise (i) In general If, after executing a will, a testator is divorced or the marriage of the testator is annulled, as of the effective date of the divorce or annulment, any disposition of trust or restricted interests in land or of trust personalty made by the will to the former spouse of the testator shall be considered to be revoked unless the will expressly provides otherwise.
(ii) Property Property that is prevented from passing to a former spouse of a decedent under clause (i) shall pass as if the former spouse failed to survive the decedent.
(iii) Provisions of wills Any provision of a will that is considered to be revoked solely by operation of this subparagraph shall be revived by the remarriage of a testator to the former spouse of the testator.
(4) After-born heirs A child in gestation at the time of decedent’s death will be treated as having survived the decedent if the child lives at least 120 hours after its birth.
(5) Advancements of trust personalty during lifetime; effect on distribution of estate (A) The trust personalty of a decedent who dies intestate as to all or a portion of his or her estate, given during the decedent’s lifetime to a person eligible to be an heir of the decedent under subsection (b)(2)(B) of this section, shall be treated as an advancement against the heir’s inheritance, but only if the decedent declared in a contemporaneous writing, or the heir acknowledged in writing, that the gift is an advancement or is to be taken into account in computing the division and distribution of the decedent’s intestate estate. (B) For the purposes of this section, trust personalty advanced during the decedent’s lifetime is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent’s death, whichever occurs first. (C) If the recipient of the trust personalty predeceases the decedent, the property shall not be treated as an advancement or taken into account in computing the division and distribution of the decedent’s intestate estate unless the decedent’s contemporaneous writing provides otherwise. (6) Heirs related to decedent through 2 lines; single share A person who is related to the decedent through 2 lines of relationship is entitled to only a single share of the trust or restricted land or trust personalty in the decedent’s estate based on the relationship that would entitle such person to the larger share.
(7) Notice (A) In general To the maximum extent practicable, the Secretary shall notify each owner of trust and restricted land of the provisions of this chapter.
(B) Combined notices The notice under subparagraph (A) may, at the discretion of the Secretary, be provided with the notice required under subsection (a) of section 8 of the American Indian Probate Reform Act of 2004.
(8) Renunciation or disclaimer of interests (A) In general Any person 18 years of age or older may renounce or disclaim an inheritance of a trust or restricted interest in land or in trust personalty through intestate succession or devise, either in full or subject to the reservation of a life estate (where the interest is an interest in land), in accordance with subparagraph (B), by filing a signed and acknowledged declaration with the probate decisionmaker prior to entry of a final probate order. No interest so renounced or disclaimed shall be considered to have vested in the renouncing or disclaiming heir or devisee, and the renunciation or disclaimer shall not be considered to be a transfer or gift of the renounced or disclaimed interest.
(B) Eligible recipients of renounced or disclaimed interests; notice to recipients (i) Interests in land A trust or restricted interest in land may be renounced or disclaimed only in favor of— (I) an eligible heir; (II) any person who would have been eligible to be a devisee of the interest in question pursuant to subsection (b)(1)(A) of this section (but only in cases where the renouncing person is a devisee of the interest under a valid will); or (III) the Indian tribe with jurisdiction over the interest in question; and the interest so renounced shall pass to its recipient in trust or restricted status. (ii) Trust personalty An interest in trust personalty may be renounced or disclaimed in favor of any person who would be eligible to be a devisee of such an interest under subsection (b)(3) of this section and shall pass to the recipient in accordance with the provisions of that subsection.
(iii) Unauthorized renunciations and disclaimers Unless renounced or disclaimed in favor of a person or Indian tribe eligible to receive the interest in accordance with the provisions of this subparagraph, a renounced or disclaimed interest shall pass as if the renunciation or disclaimer had not been made.
(C) Acceptance of interest A renunciation or disclaimer of an interest filed in accordance with this paragraph shall be considered accepted when implemented in a final order by a decisionmaker, and shall thereafter be irrevocable. No renunciation or disclaimer of an interest shall be included in such order unless the recipient of the interest has been given notice of the renunciation or disclaimer and has not refused to accept the interest. All disclaimers and renunciations filed and implemented in probate orders made effective prior to
October 27, 2004 , are hereby ratified.(D) Rule of construction Nothing in this paragraph shall be construed to allow the renunciation of an interest that is subject to subsection (a)(2)(D) of this section in favor of more than 1 person.
(9) Consolidation agreements (A) In general During the pendency of probate, the decisionmaker is authorized to approve written consolidation agreements effecting exchanges or gifts voluntarily entered into between the decedent’s eligible heirs or devisees, to consolidate interests in any tract of land included in the decedent’s trust inventory. Such agreements may provide for the conveyance of interests already owned by such heirs or devisees in such tracts, without having to comply with the Secretary’s rules and requirements otherwise applicable to conveyances by deed of trust or restricted interests in land.
(B) Effective An agreement approved under subparagraph (A) shall be considered final when implemented in an order by a decisionmaker. The final probate order shall direct any changes necessary to the Secretary’s land records, to reflect and implement the terms of the approved agreement.
(C) Effect on purchase option at probate Any interest in trust or restricted land that is subject to a consolidation agreement under this paragraph or subsection (e) of this section shall not be available for purchase under subsection (o) of this section unless the decisionmaker determines that the agreement should not be approved.
(k) Notification to landowners After receiving a written request by any owner of a trust or restricted interest in land, the Secretary shall provide to such landowner the following information with respect to each tract of trust or restricted land in which the landowner has an interest: (1) The location of the tract of land involved. (2) The identity of each other co-owner of interests in the parcel of land. (3) The percentage of ownership of each owner of an interest in the tract. (l) Pilot project for the management of trust assets of Indian families and relatives (1) Development pilot project The Secretary shall consult with tribes, individual landowner organizations, Indian advocacy organizations, and other interested parties to— (A) develop a pilot project for the creation of legal entities such as private or family trusts, partnerships corporations, or other organizations to improve, facilitate, and assist in the efficient management of interests in trust or restricted lands or funds owned by Indian family members and relatives; and (B) develop proposed rules, regulations, and guidelines to implement the pilot project, including— (i) the criteria for establishing such legal entities; (ii) reporting and other requirements that the Secretary determines to be appropriate for administering such entities; and (iii) provisions for suspending or revoking the authority of an entity to engage in activities relating to the management of trust or restricted assets under the pilot project in order to protect the interests of the beneficial owners of such assets. (2) Primary purposes; limitation; approval of transactions; payments by Secretary (A) Purposes The primary purpose of any entity organized under the pilot project shall be to improve, facilitate, and assist in the management of interests in trust or restricted land, held by 1 or more persons, in furtherance of the purposes of this chapter.
(B) Limitation The organization or activities of any entity under the pilot project shall not be construed to impair, impede, replace, abrogate, or modify in any respect the trust duties or responsibilities of the Secretary, nor shall anything in this subsection or in any rules, regulations, or guidelines developed under this subsection enable any private or family trustee of trust or restricted interests in land to exercise any powers over such interests greater than that held by the Secretary with respect to such interests.
(C) Secretarial approval of transactions Any transaction involving the lease, use, mortgage or other disposition of trust or restricted land or other trust assets administered by or through an entity under the pilot project shall be subject to approval by the Secretary in accordance with applicable Federal law.
(D) Payments The Secretary shall have the authority to make payments of income and revenues derived from trust or restricted land or other trust assets administered by or through an entity participating in the pilot project directly to the entity, in accordance with requirements of the regulations adopted pursuant to this subsection.
(3) Limitations on pilot project (A) Number of organizations The number of entities established under the pilot project authorized by this subsection shall not exceed 30.
(B) Regulations required No entity shall commence activities under the pilot project authorized by this subsection until the Secretary has adopted final rules and regulations under paragraph (1)(B).
(4) Report to Congress Prior to the expiration of the pilot project provided for under this subsection, the Secretary shall submit a report to Congress stating— (A) a description of the Secretary’s consultation with Indian tribes, individual landowner associations, Indian advocacy organizations, and other parties consulted with regarding the development of rules and regulations for the creation and management of interests in trust and restricted lands under the pilot project; (B) the feasibility of accurately monitoring the performance of legal entities such as those involved in the pilot project, and the effectiveness of such entities as mechanisms to manage and protect trust assets; (C) the impact that the use of entities such as those in the pilot project may have with respect to the accomplishment of the goals of this chapter; and (D) any recommendations that the Secretary may have regarding whether to adopt a permanent program as a management and consolidation measure for interests in trust or restricted lands. (m) Notice to heirs Prior to holding a hearing to determine the heirs to trust or restricted property, or making a decision determining such heirs, the Secretary shall seek to provide actual written notice of the proceedings to all heirs. Such efforts shall include— (1) a search of publicly available records and Federal records, including telephone and address directories and including electronic search services or directories; (2) an inquiry with family members and co-heirs of the property; (3) an inquiry with the tribal government of which the owner is a member, and the tribal government with jurisdiction over the property, if any; and (4) if the property is of a value greater than $2,000, engaging the services of an independent firm to conduct a missing persons search. (n) Missing heirs (1) For purposes of this subsection and subsection (m) of this section, an heir may be presumed missing if— (A) such heir’s whereabouts remain unknown 60 days after completion of notice efforts under subsection (m) of this section; and (B) in the proceeding to determine a decedent’s heirs, the Secretary finds that the heir has had no contact with other heirs of the decedent, if any, or with the Department relating to trust or restricted land or other trust assets at any time during the 6-year period preceding the hearing to determine heirs. (2) Before the date for declaring an heir missing, any person may request an extension of time to locate such heir. The Secretary shall grant a reasonable extension of time for good cause. (3) An heir shall be declared missing only after a review of the efforts made in the heirship proceeding and a finding has been made that this subsection has been complied with. (4) An heir determined to be missing pursuant to this subsection shall be deemed to have predeceased the decedent for purposes of descent and devise of trust or restricted land and trust personalty within that decedent’s estate. (o) Purchase option at probate (1) In general The trust or restricted interests in a parcel of land in the decedent’s estate may be purchased at probate in accordance with the provisions of this subsection.
(2) Sale of interest at fair market value Subject to paragraph (3), the Secretary is authorized to sell trust or restricted interests in land subject to this subsection, including the interest that a surviving spouse would otherwise receive under subparagraph (A) or (D) of subsection (a)(2) of this section, at no less than fair market value, as determined in accordance with the provisions of this chapter, to any of the following eligible purchasers: (A) Any other eligible heir taking an interest in the same parcel of land by intestate succession or the decedent’s other devisees of interests in the same parcel who are eligible to receive a devise under subsection (b)(1)(A) of this section. (B) All persons who own undivided trust or restricted interests in the same parcel of land involved in the probate proceeding. (C) The Indian tribe with jurisdiction over the interest, or the Secretary on behalf of such Indian tribe. (3) Request to purchase; consent requirements; multiple requests to purchase (A) In general No sale of an interest in probate shall occur under this subsection unless— (i) an eligible purchaser described in paragraph (2) submits a written request to purchase prior to the distribution of the interest to heirs or devisees of the decedent and in accordance with any regulations of the Secretary; and (ii) except as provided in paragraph (5), the heirs or devisees of such interest, and the decedent’s surviving spouse, if any, receiving a life estate under subparagraph (A) or (D) of subsection (a)(2) of this section consent to the sale. (B) Multiple requests to purchase Except for interests purchased pursuant to paragraph (5), if the Secretary receives a request with respect to an interest from more than 1 eligible purchaser under paragraph (2), the Secretary shall sell the interest to the eligible purchaser that is selected by the applicable heir, devisee, or surviving spouse.
(4) Appraisal and notice Prior to the sale of an interest pursuant to this subsection, the Secretary shall— (A) appraise the interest at its fair market value in accordance with this chapter; and (B) provide eligible heirs, other devisees, and the Indian tribe with jurisdiction over the interest with written notice, sent by first class mail, that the interest is available for purchase in accordance with this subsection. (5) Small undivided interests in Indian lands (A) In general Subject to subparagraph (B), the consent of a person who is an heir or surviving spouse otherwise required under paragraph (3)(A)(ii) shall not be required for the sale of an interest at probate under this subsection if— (i) the interest is passing by intestate succession; (ii) prior to the sale the Secretary determines in the probate proceeding that, at the time of death of the applicable decedent, the interest of the decedent in the land represented less than 5 percent of the entire undivided ownership of the parcel of land as evidenced by the Secretary’s records as of the time the determination is made; and (iii) (I) the Secretary is purchasing the interest under the program authorized under section 2212(a)(1) of this title; or (II) after receiving a notice under paragraph (4)(B), the Indian tribe with jurisdiction over the interest is proposing to purchase the interest from an heir or surviving spouse who is not residing on the property in accordance with clause (i), and who is not a member, and is not eligible to become a member, of that Indian tribe. (B) Exception Notwithstanding subparagraph (A), the consent of such heir or surviving spouse shall be required for the sale at probate of the interest of the heir or surviving spouse if, at the time of the decedent’s death, the heir or surviving spouse was residing on the parcel of land of which the interest to be sold was a part.
(6) Distribution of proceeds (A) In general Proceeds from the sale of interests under this subsection shall be distributed to the heirs, devisees, or spouse whose interest was sold in accordance with the values of their respective interests.
(B) Holding in trust Proceeds described in subparagraph (A) shall be deposited and held in an account as trust personalty if the interest sold would otherwise pass to— (i) the heir, by intestate succession under subsection (a) of this section; or (ii) the devisee in trust or restricted status under subsection (b)(1) of this section.
References In Text
This chapter, referred to in subsecs. (a)(2)(C)(ii), (D)(iii), (g)(2), (3), introductory provisions of (h) and (h)(2)(B), (j)(2)(B)(iii)(I), (7)(A), (l)(2)(A), (o)(2), (4)(A), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress. This chapter, referred to in the original in subsec. (h)(3), (4), probably should have been “this title”, meaning title II of Pub. L. 97–459 which enacted this chapter.
Section 8 of the American Indian Probate Reform Act of 2004, referred to in subsecs. (a)(2)(D)(iv)(II)(dd), (c)(2), and (j)(2)(A)(ii)(I), (7)(B), is section 8 of Pub. L. 108–374, which is set out as a note under section 2201 of this title.
Public Law 91–627, referred to in subsec. (g)(1)(A), is Pub. L. 91–627,
Public Law 92–377, referred to in subsec. (g)(1)(B), is Pub. L. 92–377,
Public Law 92–443, referred to in subsec. (g)(1)(C), is Pub. L. 92–443,
Public Law 96–274, referred to in subsec. (g)(1)(D), is Pub. L. 96–274,
Public Law 98–513, referred to in subsec. (g)(1)(E), is Pub. L. 98–513,
Act of
Prior Provisions
A prior section 2206, Pub. L. 97–459, title II, § 207,
Amendments
2008—Subsec. (a)(2). Pub. L. 110–453, § 207(c)(1)(B), added par. (2) relating to intestate descent of permanent improvements.
Subsec. (a)(2)(D)(i). Pub. L. 110–453, § 207(c)(1)(A)(i), substituted “clauses (ii) through (v)” for “clauses (ii) through (iv)”.
Subsec. (a)(2)(D)(iv)(II). Pub. L. 110–453, § 207(c)(1)(A)(ii), which directed substitution of “descent” for “decedent”, was executed by making the substitution only in introductory provisions after “order of”, to reflect the probable intent of Congress.
Subsec. (a)(2)(D)(v). Pub. L. 110–453, § 207(c)(1)(A)(iii), added cl. (v) and struck out former cl. (v). Prior to amendment, text read as follows: “This subparagraph shall not be construed to limit a person’s right to devise any trust or restricted interest by way of a valid will in accordance with subsection (b) of this section.”
Subsec. (b)(2)(B). Pub. L. 110–453, § 207(c)(2), designated introductory provisions and cls. (i) to (iii) as cl. (i), inserted heading, and substituted “Subject to clauses (ii) and (iii), any interest’;” for “Any interest”, redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i) and realigned margins, substituted period for semicolon at end of subcl. (III), added cl. (ii), and designated concluding provisions as cl. (iii), inserted heading, and substituted “Except as provided in clause (ii), nothing; and” for “provided that nothing”.
Subsec. (h)(1). Pub. L. 110–453, § 207(c)(3), designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) and (C).
Subsecs. (i)(4)(C), (j)(2)(A)(ii). Pub. L. 110–453, § 207(c)(4), (5), substituted “interest in land” for “interest land”.
Subsec. (k). Pub. L. 110–453, § 207(c)(6), inserted “a” after “receiving” in introductory provisions.
Subsec. (o)(3). Pub. L. 110–453, § 207(c)(7)(A), substituted “Request to purchase; consent requirements; multiple requests to purchase” for “Request to purchase; auction; consent requirements” in heading, designated introductory provisions and subpars. (A) and (B) as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, added subpar. (B), and struck out former concluding provisions which read as follows: “If the Secretary receives more than 1 request to purchase the same interest, the Secretary shall sell the interest by public auction or sealed bid (as determined by the Secretary) at not less than the appraised fair market value to the eligible purchaser submitting the highest bid.”
Subsec. (o)(4). Pub. L. 110–453, § 207(c)(7)(B), inserted “and” at end of subpar. (A), substituted period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “if the Secretary receives more than 1 request to purchase the interest by a person described in subparagraph (B), provide notice of the manner (auction or sealed bid), time and place of the sale, a description, and the appraised fair market value, of the interest to be sold—
“(i) to the heirs or other devisees and the Indian tribe with jurisdiction over the interest, by first class mail; and
“(ii) to all other eligible purchasers, by posting written notice in at least 5 conspicuous places in the vicinity of the place of hearing.”
Subsec. (o)(5)(A). Pub. L. 110–453, § 207(c)(7)(C)(i)(I), in introductory provisions, inserted “or surviving spouse” after “heir”, substituted “paragraph (3)(A)(ii)” for “paragraph (3)(B)”, and struck out “auction and” after “required for the”.
Subsec. (o)(5)(A)(ii). Pub. L. 110–453, § 207(c)(7)(C)(i)(III)(aa), (bb), substituted “sale” for “auction” and “, at the time of death of the applicable decedent, the interest of the decedent in the land represented” for “the interest passing to such heir represents”.
Subsec. (o)(5)(A)(iii). Pub. L. 110–453, § 207(c)(7)(C)(i)(II), (III)(cc), (IV), added cl. (iii).
Subsec. (o)(5)(B). Pub. L. 110–453, § 207(c)(7)(C)(ii), inserted “or surviving spouse” after “heir” in two places and substituted “interest of the heir or surviving spouse” for “heir’s interest”.
2006—Subsec. (g)(2). Pub. L. 109–221, § 501(a)(1), substituted “specified in paragraph (1)” for “described in paragraph (1)” in introductory provisions and “identified in such law” for “identified in Federal law” in subpar. (B).
Subsec. (g)(3). Pub. L. 109–221, § 501(a)(2), added par. (3) and struck out former par. (3). Text read as follows: “Except to the extent that this chapter otherwise affects the application of a Federal law described in paragraph (2), nothing in this subsection limits the application of this chapter to trust or restricted land, interests in such land, or any other trust or restricted interests or assets.”
2005—Subsec. (a)(2)(D)(iv)(I)(aa). Pub. L. 109–157, § 4(b)(1), substituted “this subparagraph” for “clause (iii)”.
Subsec. (a)(2)(D)(iv)(I)(aa)(BB). Pub. L. 109–157, § 4(b)(2), substituted “not more than 1 co-owner” for “any co-owner”.
Subsec. (c). Pub. L. 109–157, § 4(c), reenacted heading without change.
Subsec. (f)(3). Pub. L. 109–157, § 4(d), inserted “, including noncompetitive grants,” after “award grants” in introductory provisions.
Subsec. (g). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (h) as (g).
Subsec. (g)(2). Pub. L. 109–157, § 4(a)(2)(A)(i), inserted “specifically” after “pertains” in introductory provisions.
Subsec. (g)(2)(B). Pub. L. 109–157, § 4(a)(2)(A)(ii), added subpar. (B) and struck out former subpar. (B) which read as follows: “the allotted lands of 1 or more specific Indian tribes that are expressly identified in such law.”
Subsec. (g)(3). Pub. L. 109–157, § 4(a)(2)(B), added par. (3).
Subsec. (h). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(6). Pub. L. 109–157, § 4(a)(3)(A), made technical amendment to reference in original act which appears in text as reference to section 2205 of this title.
Subsec. (h)(7). Pub. L. 109–157, § 4(a)(3)(B), inserted “in trust or restricted status” after “testator”.
Subsec. (i). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(2)(A)(ii)(I). Pub. L. 109–157, § 4(a)(4)(A)(i), substituted “the date that is 1 year after the date on which the Secretary publishes a notice of certification under section 8(a)(4) of the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108–374)” for “
Subsec. (j)(2)(A)(iii). Pub. L. 109–157, § 4(a)(4)(A)(ii), struck out “the provisions of” before “subsection (a)(2)(A)” and made technical amendment to reference in original act which appears in text as reference to subsection (a)(2)(A) in introductory provisions.
Subsec. (j)(8)(D). Pub. L. 109–157, § 4(a)(4)(B), struck out “the provisions of” before “subsection (a)(2)(D)” and made technical amendment to reference in original act which appears in text as reference to subsection (a)(2)(D).
Subsec. (j)(9)(C). Pub. L. 109–157, § 4(a)(4)(C), made technical amendment to reference in original act which appears in text as reference to subsection (e) and substituted “subsection (o)” for “subsection (p)”.
Subsecs. (k) to (n). Pub. L. 109–157, § 4(a)(1), redesignated subsecs. (l) to (o) as (k) to (n), respectively. Former subsec. (k) redesignated (j).
Subsec. (o). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (p) as (o). Former subsec. (o) redesignated (n).
Subsec. (o)(2). Pub. L. 109–157, § 4(a)(5)(A)(i), substituted “subparagraph (A) or (D) of subsection (a)(2)” for “subsection (a)(2)(A) or (D)” in introductory provisions.
Subsec. (o)(2)(A). Pub. L. 109–157, § 4(a)(5)(A)(ii), made technical amendment to reference in original act which appears in text as reference to subsection (b)(1)(A).
Subsec. (o)(3)(B). Pub. L. 109–157, § 4(a)(5)(B), substituted “subparagraph (A) or (D) of subsection (a)(2)” for “subsection (a)(2)(A) or (D)”.
Subsec. (o)(6). Pub. L. 109–157, § 4(a)(5)(C), designated first sentence as subpar. (A), inserted subpar. heading, added subpar. (B), and struck out former second sentence which read as follows: “The proceeds attributable to an heir or devisee shall be held in an account as trust personalty if the interest sold would have otherwise passed to the heir or devisee in trust or restricted status.”
2004—Subsec. (a). Pub. L. 108–374, § 3(a), added subsec. (a) and struck out heading and text of former subsec. (a) which related to testamentary disposition.
Subsec. (b). Pub. L. 108–374, § 3(b), added subsec. (b) and struck out heading and text of former subsec. (b) which related to intestate succession.
Subsec. (c). Pub. L. 108–374, § 3(c), added text of subsec. (c) and struck out text of former subsec. (c) which related to ownership interests in the same parcel of trust or restricted lands devised or passed to more than one person.
Subsec. (f)(1). Pub. L. 108–374, § 6(e)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The Secretary shall provide estate planning assistance in accordance with this subsection, to the extent amounts are appropriated for such purpose.”
Subsec. (f)(2)(B) to (D). Pub. L. 108–374, § 6(e)(2), added subpars. (B) and (C) and redesignated former subpar. (B) as (D).
Subsec. (f)(3), (4). Pub. L. 108–374, § 6(e)(3), added pars. (3) and (4) and struck out heading and text of former par. (3). Text read as follows: “In carrying out this section, the Secretary may enter into contracts with entities that have expertise in Indian estate planning and tribal probate codes.”
Subsec. (g). Pub. L. 108–374, § 6(a)(4), struck out heading and text of subsec. (g) which related to notification to Indian tribes and owners of trust or restricted lands of amendments made by the Indian Land Consolidation Act Amendments of 2000.
Subsecs. (h) to (k). Pub. L. 108–374, § 3(d), added subsecs. (h) to (k).
Subsecs. (l) to (o). Pub. L. 108–374, § 6(e)(4), which directed amendment of section by adding subsecs. (l) to (o) at end, was executed by adding those subsecs. after subsec. (k), to reflect the probable intent of Congress.
Subsec. (p). Pub. L. 108–374, § 6(a)(2), added subsec. (p).
Effective Date Of Amendment
Pub. L. 110–453, title II, § 207(f),
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 464 of this title.
Amendment by Pub. L. 108–374 applicable on and after the date that is 1 year after
Miscellaneous
Pub. L. 106–462, title I, § 104,