Page:United States Statutes at Large Volume 114 Part 3.djvu/972

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

114 STAT. 1994 PUBLIC LAW 106-462—NOV. 7, 2000 "(A) IN GENERAL.— Each Indian tribe that adopts a tribal probate code under subsection (a) shall submit that Deadline. 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 DIS- APPROVE A TRIBAL PROBATE CODE.—I f 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 tribed 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 ACT. —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 Deadline. 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 DIS- APPROVE 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 of 2000. "(3) EFFECTIVE DATES.—A tribal probate code approved under paragraph (2) shall become effective on the later of— "(A) the date specified in section 207(g)(5); 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.