118 STAT. 1794 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(ii) Proceeds attributable to the sale of trust or restricted interests shall be maintained in accounts as trust personalty. ‘‘(iii) Proceeds attributable to the sale of interests of owners whose whereabouts are unknown, of undeter mined heirs, and of other persons whose ownership interests have not been recorded shall be held by the Secretary until such owners, heirs, or other persons have been determined, at which time such proceeds shall be distributed in accordance with clauses (i) and (ii). ‘‘(K) LACK OF BIDS OR CONSENT.— ‘‘(i) LACK OF BIDS.—If no bidder described in subparagraph (I) presents a bid that equals or exceeds the final appraised value, the Secretary may either— ‘‘(I) purchase the parcel of land for its appraised fair market value on behalf of the Indian tribe with jurisdiction over the land, subject to the lien and procedures provided under section 214(b) (25 U.S.C. 2213(b)); or ‘‘(II) terminate the partition process. ‘‘(ii) LACK OF CONSENT.—If an applicant fails to obtain any applicable consent required under the provi sions of subparagraph (D) by the date established by the Secretary prior to the proposed sale, the Secretary may either extend the time for obtaining any such consent or deny the request for partition. ‘‘(3) ENFORCEMENT.— ‘‘(A) IN GENERAL.—If a partition is approved under this subsection and an owner of an interest in the parcel of land refuses to surrender possession in accordance with the partition decision, or refuses to execute any conveyance necessary to implement the partition, then any affected owner or the United States may— ‘‘(i) commence a civil action in the United States district court for the district in which the parcel of land is located; and ‘‘(ii) request that the court issue an order for eject ment or any other appropriate remedy necessary for the partition of the land by sale. ‘‘(B) FEDERAL ROLE.—With respect to any civil action brought under subparagraph (A)— ‘‘(i) the United States— ‘‘(I) shall receive notice of the civil action; and ‘‘(II) may be a party to the civil action; and ‘‘(ii) the civil action shall not be dismissed, and no relief requested shall be denied, on the ground that the civil action is against the United States or that the United States is a necessary and indispensable party. ‘‘(4) GRANTS AND LOANS.—The Secretary may provide grants and low interest loans to successful bidders at sales authorized by this subsection, provided that— ‘‘(A) the total amount of such assistance in any such sale shall not exceed 20 percent of the appraised value of the parcel of land sold; and Notice.
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