§372–2 — Title 25 Indians | U.S. Code

Summary

Starting in fiscal year 2006 and every year after, when the Department of the Interior uses an Indian probate judge to decide Indian probate cases, that judge’s proceeding counts as the hearing required by law. The Secretary may hire these judges for whatever length of time the Secretary chooses and may appoint them without following the usual federal competitive hiring rules. The Secretary can set their basic pay outside the normal pay rules, but their pay cannot be higher than the top General Schedule rate, including locality pay.

Title 25, §372–2

Indians — Source: USLM XML via OLRC

Notwithstanding any other provision of law, for fiscal year 2006 and each fiscal year thereafter, for the purpose of adjudicating Indian probate cases in the Department of the Interior, the hearing requirements of chapter 10 of this title are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the Secretary without regard to the provisions of title 5 governing the appointments in the competitive service, for such period of time as the Secretary determines necessary: Provided, That the basic pay of an Indian probate judge so appointed may be fixed by the Secretary without regard to the provisions of chapter 51, and subchapter III of chapter 53 of title 5, governing the classification and pay of General Schedule employees, except that no such Indian probate judge may be paid at a level which exceeds the maximum rate payable for the highest grade of the General Schedule, including locality pay.

Editorial Notes

Amendments

2011—Pub. L. 112–74 substituted “for fiscal year 2006 and each fiscal year thereafter, for the purpose of adjudicating” for “in fiscal years 2006 through 2010, for the purpose of reducing the backlog of”.

§372–2 Indian probate judges

Summary

Title 25, §372–2

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata