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5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq.; 25 CFR part 15; 43 CFR part 4.
73 FR 67283, Nov. 13, 2008, unless otherwise noted.
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Yes. A tribe may amend a tribal probate code.
To amend a tribal probate code, the tribe must follow the same procedures as for submitting a tribal probate code to the Department for approval.
Only those tribal probate code amendments regarding the descent and distribution of trust and restricted lands require the Department's approval.
(a) We have 60 days from receipt by the Assistant Secretary of a submitted amendment to approve or disapprove the amendment.
(b) If we do not meet the deadline in paragraphs (a) of this section, the amendment will be deemed approved, but only to the extent that it:
(1) Is consistent with Federal law; and
(2) Promotes the policies of the ILCA Amendments of 2000 as listed in § 18.106(b).
Our approval applies only to those sections of the amendment that contain provisions regarding the descent and distribution of trust or restricted land. We will notify the tribe of the approval and forward a copy of the amendment to OHA.
If we disapprove an amendment, we must provide the tribe with a written notification of the disapproval that includes an explanation of the reasons for the disapproval.
(a) An amendment may not become effective sooner than 180 days after the date of approval by the Department.
(b) If an amendment is deemed approved through inaction by the Department, then the amendment will become effective 180 days after it is deemed approved.
(c) The amendment will apply only to the estate of a decedent who dies on or after the effective date of the amendment.
No. There is no right of appeal within the Department from a decision to approve or disapprove a tribal probate code amendment.