118 STAT. 1800 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(II)(aa) the interest is part of a family farm that is devised to a member of the family of the decedent; and ‘‘(bb) the devisee agrees that the Indian tribe with jurisdiction over the land will have the oppor tunity to acquire the interest for fair market value if the interest is offered for sale to a person or entity that is not a member of the family of the owner of the land. ‘‘(ii) RECORDING OF INTEREST.—On request by the Indian tribe described in clause (i)(II)(bb), a restriction relating to the acquisition by the Indian tribe of an interest in a family farm involved shall be recorded as part of the deed relating to the interest involved. ‘‘(iii) MORTGAGE AND FORECLOSURE.—Nothing in clause (i)(II) limits— ‘‘(I) the ability of an owner of land to which that clause applies to mortgage the land; or ‘‘(II) the right of the entity holding such a mortgage to foreclose or otherwise enforce such a mortgage agreement in accordance with applicable law. ‘‘(iv) DEFINITION OF ‘MEMBER OF THE FAMILY’.— In this paragraph, the term ‘member of the family’, with respect to a decedent or landowner, means— ‘‘(I) a lineal descendant of a decedent or land owner; ‘‘(II) a lineal descendant of the grandparent of a decedent or landowner; ‘‘(III) the spouse of a descendant or landowner described in subclause (I) or (II); and ‘‘(IV) the spouse of a decedent or landowner.’’; and (II) in subparagraph (B), by striking ‘‘subpara graph (A)’’ and all that follows through ‘‘207(a)(6)(B) of this title’’ and inserting ‘‘paragraph (1)’’; (4) in section 207 (25 U.S.C. 2206), by striking subsection (g); (5) in section 213 (25 U.S.C. 2212)— (A) by striking the section heading and inserting the following: ‘‘SEC. 2212. FRACTIONAL INTEREST ACQUISITION PROGRAM.’’; (B) in subsection (a), by— (i) adding in paragraph (1) ‘‘or from an heir during probate in accordance with section 207(p) (25 U.S.C. 2206(p))’’ after ‘‘owner,’’; and (ii) striking ‘‘(2) AUTHORITY OF SECRETARY.—’’ and all that follows through ‘‘the Secretary shall submit’’ and inserting the following: ‘‘(2) AUTHORITY OF SECRETARY.—The Secretary shall submit’’; and (iii) by striking ‘‘whether the program to acquire fractional interests should be extended or altered to make resources’’ and inserting ‘‘how the fractional
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