Page:United States Statutes at Large Volume 118.djvu/1833

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

118 STAT. 1803 PUBLIC LAW 108–374—OCT. 27, 2004 (II) in subparagraph (A), by striking ‘‘and’’ at the end; (III) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and (IV) by adding at the end the following: ‘‘(C) be used to acquire undivided interests on the reservation from which the income was derived.’’; and (ii) by striking paragraph (2) and inserting the following: ‘‘(2) USE OF FUNDS.—The Secretary may use the revenue deposited in the Acquisition Fund under paragraph (1) to acquire some or all of the undivided interests in any parcels of land in accordance with section 205.’’; (9) in section 217 (25 U.S.C. 2216)— (A) in subsection (b)(1), by striking subparagraph (B) and inserting a new subparagraph (B) as follows: ‘‘(B) WAIVER OF REQUIREMENT.—The requirement for an estimate of value under subparagraph (A) may be waived in writing by an owner of a trust or restricted interest in land either selling, exchanging, or conveying by gift deed for no or nominal consideration such interest— ‘‘(i) to an Indian person who is the owner’s spouse, brother, sister, lineal ancestor, lineal descendant, or collateral heir; or ‘‘(ii) to an Indian co owner or to the tribe with jurisdiction over the subject parcel of land, where the grantor owns a fractional interest that represents 5 percent or less of the parcel.’’; (B) in subsection (e), by striking the matter preceding paragraph (1), and inserting ‘‘Notwithstanding any other provision of law, the names and mailing addresses of the owners of any interest in trust or restricted lands, and information on the location of the parcel and the percentage of undivided interest owned by each individual shall, upon written request, be made available to’’; (C) in subsection (e)(1), by striking ‘‘Indian’’; (D) in subsection (e)(3), by striking ‘‘prospective applicants for the leasing, use, or consolidation of’’ and inserting ‘‘any person that is leasing, using, or consoli dating, or is applying to lease, use, or consolidate,’’; and (E) by striking subsection (f) and inserting the fol lowing: ‘‘(f) PURCHASE OF LAND BY INDIAN TRIBE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), before the Secretary approves an application to terminate the trust status or remove the restrictions on alienation from a parcel of, or interest in, trust or restricted land, the Indian tribe with jurisdiction over the parcel shall have the opportunity— ‘‘(A) to match any offer contained in the application; or ‘‘(B) in a case in which there is no purchase price offered, to acquire the interest in the parcel by paying the fair market value of the interest. ‘‘(2) EXCEPTION FOR FAMILY FARMS.— ‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to a parcel of, or interest in, trust or restricted land that