Page:United States Statutes at Large Volume 114 Part 3.djvu/973

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PUBLIC LAW 106-462—NOV. 7, 2000 114 STAT., 1995

    • (5) REPEALS. —The repeal of a tribal probate code shall—

"(A) not become effective earlier than the date that Effective date, 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) IN GENERAL.—I f the owner of an interest in trust or restricted land devises an interest in such land to a non- Indian under section 207(a)(6)(A), 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. The Secretary shall transfer such pay- ment to the devisee. "(2) LIMITATION.— "(A) IN GENERAL. —Paragraph (1) shall not apply to an interest in trust or restricted land if, while the decedent's estate is pending before the Secretary, the non- Indian devisee renounces the interest in favor of an Indian person. "(B) RESERVATION OF LIFE ESTATE.—A non-Indian devisee described in subparagraph (A) or a non-Indian devisee described in section 207(a)(6)(B), may retain a life estate in the interest involved, including a life estate to the revenue produced from the interest. The amount of any pay- ment 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 pa5anent 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 temj 'tribal justice system' has the meaning given that term in section 3 of the Indian Tribal Justice Act (25 U.S.C. 3602). "(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."; (4) by striking section 207 and inserting the following: 25 USC 2206. " SEC. 207. DESCENT AND DISTRIBUTION. " (a) TESTAMENTARY DISPOSITION.— "(1) IN GENERAL. — Interests in trust or restricted land may be devised only to— "(A) the decedent's Indian spouse or any other Indian person; or