118 STAT. 1775 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(B) INDIVIDUAL AND TRIBAL HEIRS.—Where there is no surviving spouse of the decedent, or there is a remainder interest pursuant to subparagraph (A), the trust or restricted estate or such remainder shall, subject to sub paragraphs (A) and (D), pass as follows: ‘‘(i) To those of the decedent’s children who are eligible heirs (or if 1 or more of such children do not survive the decedent, the children of any such deceased child who are eligible heirs, by right of rep resentation, but only if such children of the deceased child survive the decedent) in equal shares. ‘‘(ii) If the property does not pass under clause (i), to those of the decedent’s surviving great grand children who are eligible heirs, in equal shares. ‘‘(iii) If the property does not pass under clause (i) or (ii), to the decedent’s surviving parent who is an eligible heir, and if both parents survive the decedent and are both eligible heirs, to both parents in equal shares. ‘‘(iv) If the property does not pass under clause (i), (ii), or (iii), to those of the decedent’s surviving siblings who are eligible heirs, in equal shares. ‘‘(v) If the property does not pass under clause (i), (ii), (iii), or (iv), to the Indian tribe with jurisdiction over the interests in trust or restricted lands; except that notwithstanding clause (v), an Indian co owner (including the Indian tribe referred to in clause (v)) of a parcel of trust or restricted land may acquire an interest that would otherwise descend under that clause by paying into the estate of the decedent, before the close of the probate of the estate, the fair market value of the interest in the land; if more than 1 Indian co owner offers to pay for such interest, the highest bidder shall acquire the interest. ‘‘(C) NO INDIAN TRIBE.— ‘‘(i) IN GENERAL.—If there is no Indian tribe with jurisdiction over the interests in trust or restricted lands that would otherwise descend under subpara graph (B)(v), then such interests shall be divided equally among co owners of trust or restricted interests in the parcel; if there are no such co owners, then to the United States, provided that any such interests in land passing to the United States under this subparagraph shall be sold by the Secretary and the proceeds from such sale deposited into the land acquisi tion fund established under section 216 (25 U.S.C. 2215) and used for the purposes described in subsection (b) of that section. ‘‘(ii) CONTIGUOUS PARCEL.—If the interests passing to the United States under this subparagraph are in a parcel of land that is contiguous to another parcel of trust or restricted land, the Secretary shall give the owner or owners of the trust or restricted interest in the contiguous parcel the first opportunity to pur chase the interest at not less than fair market value determined in accordance with this Act. If more than
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