25 U.S.C. § 372–2: Indian probate judges

Summary

Starting in fiscal year 2006 and every year after, when the Department of the Interior decides Indian probate cases, the hearing rules in chapter 10 are met if an Indian probate judge runs the proceeding. These judges are picked by the Secretary without using the normal competitive hiring rules, and they serve for however long the Secretary says is needed. The Secretary can set the judge’s basic pay without following the usual General Schedule job class and pay rules. The pay, however, cannot be more than the maximum rate for the highest General Schedule grade, 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