Source
(Pub. L. 97–459, title II, § 206, as added Pub. L. 106–462, title I, § 103(3), Nov. 7, 2000, 114 Stat. 1993; amended Pub. L. 108–374, § 6(a)(3), Oct. 27, 2004, 118 Stat. 1799; Pub. L. 109–157, § 3, Dec. 30, 2005, 119 Stat. 2950.)
References in Text
Section 102 of the Indian Land Consolidation Act Amendments of 2000, referred to in subsecs. (a)(2)(B), (b)(2)(B), (C), (E)(ii), is section 102 of
Pub. L. 106–462, which is set out as a note under section
2201 of this title.
This chapter, referred to in subsec. (b)(2)(C), 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.
Prior Provisions
A prior section
2205,
Pub. L. 97–459, title II, § 206, Jan. 12, 1983,
96 Stat. 2518;
Pub. L. 98–608, § 1(3), Oct. 30, 1984,
98 Stat. 3172, related to descent and distribution of trust or restricted or controlled lands, tribal ordinance barring nonmembers of tribe or non-Indians from inheritance by devise or descent, and limitation on life estate, prior to repeal by
Pub. L. 106–462, title I, § 103(3), Nov. 7, 2000,
114 Stat. 1993.
Amendments
2005—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”.
Subsec. (c)(1)(A).
Pub. L. 109–157, § 3(2)(A), substituted “section
2206
(b)(2)(A)(ii)” for “section
2206
(a)(6)(A)”.
Subsec. (c)(2)(A)(i)(II)(bb).
Pub. L. 109–157, § 3(2)(B), inserted “in writing” after “agrees”.
2004—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.”
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).
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.
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).
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.
Effective Date of 2005 Amendment
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.