25-U.S.C.-607
§607 – Divestment of Inheritance of Non-Members
Pathway
Title 25 > Chapter 14 > Subchapter XVII > Section 607
Details
- Reference: Section 607
- Legend: §607 – Divestment of Inheritance of Non-Members
- USCode Year: 2013
Provision Content
(a) Procedure
A person who is not an enrolled member of the Yakima Tribes with one-fourth degree or more blood of such tribes shall not be entitled to receive by devise or inheritance any interest in trust or restricted land within the Yakima Reservation or within the area ceded by the Treaty of June 9, 1855 (12 Stat. 1951), if, while the decedents estate is pending before the Examiner of Inheritance, the Yakima Tribes pay to the Secretary of the Interior, on behalf of such person, the fair market value of such interest as determined by the Secretary of the Interior after appraisal. The interest for which payment is made shall be held by the Secretary in Trust for the Yakima Tribes.
(b) Time of election
On request of the Yakima Tribes the Examiner of Inheritance shall keep an estate pending for not less than two years from the date of decedents death.
(c) Interest of surviving spouse
When a person who is prohibited by subsection (a) of this section from acquiring any interest by devise or inheritance is a surviving spouse of the decedent, a life estate in one-half of the interest acquired by the Yakima Tribes shall, on the request of such spouse, be reserved for that spouse and the value of such life estate so reserved shall be reflected in the Secretarys appraisal under subsection (a) of this section.
(Aug. 9, 1946, ch. 933, §7, 60 Stat. 969; Pub. L. 91–627, §1, Dec. 31, 1970, 84 Stat. 1874.)
Amendments
1970—Pub. L. 91–627 designated existing provisions as subsec. (a), substituted provisions authorizing the Yakima Tribes to pay to Secretary of the Interior the fair market value, as determined by the Secretary after appraisal, of any interest in trust or restricted land within the specified areas which a person not an enrolled member of the Yakima Tribes with one-fourth degree or more blood of such tribes was to receive by devise or inheritance, for provisions limiting the inheritance of trust land on the Yakima Reservation to enrolled members of the Yakima Tribes of one-fourth or more blood of such tribes and to surviving spouses who are enrolled members but possess less than one-fourth degree of Yakima blood, with such surviving spouses authorized to inherit a life estate in not more than one-half the property, and added subsecs. (b) and (c).
Effective Date of 1970 Amendment
Pub. L. 91–627, §2, Dec. 31, 1970, 84 Stat. 1874, provided that: The provisions of section 7 of the Act of August 9, 1946, as amended by this Act [this section], shall apply to all estates pending before the Examiner of Inheritance on the date of this Act [Dec. 31, 1970], and to all future estates, but shall not apply to any estate heretofore closed.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-594A in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-594A, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
25-U.S.C.-583 in the Legal Encyclopedia: Tribes
In this entry about 25-U.S.C.-583, find legal reference material, bibliographies and premiere content related to tribes in the American Encyclopedia of Law, presenting a comprehensive view of the United States tribes-specific issues, written by authorities in the field.
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