118 STAT. 1776 PUBLIC LAW 108–374—OCT. 27, 2004 1 such owner in the contiguous parcel request to pur chase the parcel, the Secretary shall sell the parcel by public auction or sealed bid (as determined by the Secretary) at not less than fair market value to the owner of a trust or restricted interest in the contiguous parcel submitting the highest bid. ‘‘(D) INTESTATE DESCENT OF SMALL FRACTIONAL INTERESTS IN LAND.— ‘‘(i) GENERAL RULE.—Notwithstanding subpara graphs (A) and (B), and subject to any applicable Fed eral law, any trust or restricted interest in land in the decedent’s estate that is not disposed of by a valid will and represents less than 5 percent of the entire undivided ownership of the parcel of land of which such interest is a part, as evidenced by the decedent’s estate inventory at the time of the heirship determina tion, shall descend in accordance with clauses (ii) through (iv). ‘‘(ii) SURVIVING SPOUSE.—If there is a surviving spouse, and such spouse was residing on a parcel of land described in clause (i) at the time of the decedent’s death, the spouse shall receive a life estate without regard to waste in the decedent’s trust or restricted interest in only such parcel, and the remainder interest in that parcel shall pass in accordance with clause (iii). ‘‘(iii) SINGLE HEIR RULE.—Where there is no life estate created under clause (ii) or there is a remainder interest under that clause, the trust or restricted interest or remainder interest that is subject to this subparagraph shall descend, in trust or restricted status, to— ‘‘(I) the decedent’s surviving child, but only if such child is an eligible heir; and if 2 or more surviving children are eligible heirs, then to the oldest of such children; ‘‘(II) if the interest does not pass under sub clause (I), the decedent’s surviving grandchild, but only if such grandchild is an eligible heir; and if 2 or more surviving grandchildren are eligible heirs, then to the oldest of such grandchildren; ‘‘(III) if the interest does not pass under sub clause (I) or (II), the decedent’s surviving great grandchild, but only if such great grandchild is an eligible heir; and if 2 or more surviving great grandchildren are eligible heirs, then to the oldest of such great grandchildren; ‘‘(IV) if the interest does not pass under sub clause (I), (II), or (III), the Indian tribe with juris diction over the interest; or ‘‘(V) if the interest does not pass under sub clause (I), (II), or (III), and there is no such Indian tribe to inherit the property under subclause (IV), the interest shall be divided equally among co owners of trust or restricted interests in the parcel; and if there are no such co owners, then to the United States, to be sold, and the proceeds from
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