Page:United States Statutes at Large Volume 114 Part 3.djvu/971

 PUBLIC LAW 106-462—NOV. 7, 2000 114 STAT. 1993 "(5) 'heirs of the first or second degree' means parents, children, grandchildren, grandparents, brothers and sisters of a decedent."; (2) in section 205— 25 USC 2204. (A) in the matter preceding paragraph (1)— (i) by striking "Any Indian" and inserting "(a) IN GENERAL. —Subject to subsection (b), any Indian"; (ii) by striking the colon and inserting the following: ". Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of determining whether the consent requirement under the preceding sentence has been met."; (iii) by striking ": Provided, That—^ and inserting the following: " (b) CONDITIONS APPLICABLE TO PURCHASE.—Subsection (a) applies on the condition that—"; (B) in paragraph (2)— (i) by striking "If," and inserting "if'; and (ii) by adding "and" at the end; and (C) by striking paragraph (3) and inserting the following: "(3) the approval of the Secretary shall be required for a land sale initiated under this section, except that such approval shall not be required with respect to a land sale transaction initiated by an Indian tribe that has in effect a land consolidation plan that has been approved by the Secretary under section 204."; (3) by striking section 206 and inserting the following: 25 USC 2205. " SEC. 206. TRIBAL PROBATE CODES; ACQUISITIONS OF FRACTIONAL INTERESTS BY TRIBES. " (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) LIMITATIONS. — 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. "(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. —

�