Page:United States Statutes at Large Volume 94 Part 1.djvu/588

 94 STAT. 538

Non-Indian surviving spouse.

Tribal payment to Secretary.

Life estate value reserved to a surviving spouse.

PUBLIC LAW 96-274—JUNE 17, 1980 determines that paternity has been acknowledged or established, except that (1) a child may not inherit by intestate succession from or through a parent whose parental rights with respect to said child have been terminated pursuant to lawful authority and (2) a parent may not inherit by intestate successionfromor through a child with respect to which such parent's parental rights nave been so terminated. SEC. 4. (a) Notwithstanding the provisions of section 2 of this Act, the non-Indian surviving spouse of an Indian decedent who dies possessed of any interest in trust or restricted lands within the reservation shall be entitled to take not more than an undivided onehalf interest in all such trust or restricted lands during his or her lifetime, but the remainder of such interest shall descend as provided in section 3 of this Act. (b) If a decedent has devised an interest in trust or restricted land located within the reservation to a person prohibited by section 2 from acquiring an interest in such trust or restricted land and the consequence of such prohibition is that the interest in land would escheat to the tribe pursuant to section 3(a)(6) of this Act, the devise shall be prohibited only if, while the estate is pending before the Secretary, the tribe pays to the Secretary on behalf of such devisee the fair market value of such interest as determined by the Secretary as of the date of the decedent's death. The value of any life estate reserved to a surviving spouse under the provisions of subsection (a) of this section shall be reflected in the Secretary's determination. The interest for which such payment is made by the tribe shall thereafter be held by the United States in trust for the tribe. SEC. 5. The provisions of this Act shall apply only to estates of decedents whose deaths occur on or after the date of enactment of this Act. Approved June 17, 1980.

LEGISLATIVE HISTORY: HOUSE REPORT No. 96-743 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 96-762 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 126 (1980): Mar. 3, considered and passed House. May 22, considered and passed Senate, amended, in lieu of S. 2102. June 9, House concurred in Senate amendments.

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