118 STAT. 1798 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(C) The Indian tribe with jurisdiction over the interest, or the Secretary on behalf of such Indian tribe. ‘‘(3) REQUEST TO PURCHASE; AUCTION; CONSENT REQUIRE MENTS.—No sale of an interest in probate shall occur under this subsection unless— ‘‘(A) an eligible purchaser described in paragraph (2) submits a written request to purchase prior to the distribu tion of the interest to heirs or devisees of the decedent and in accordance with any regulations of the Secretary; and ‘‘(B) except as provided in paragraph (5), the heirs or devisees of such interest, and the decedent’s surviving spouse, if any, receiving a life estate under section 207(a)(2) (A) or (D) consent to the sale. If the Secretary receives more than 1 request to purchase the same interest, the Secretary shall sell the interest by public auction or sealed bid (as determined by the Secretary) at not less than the appraised fair market value to the eligible pur chaser submitting the highest bid. ‘‘(4) APPRAISAL AND NOTICE.—Prior to the sale of an interest pursuant to this subsection, the Secretary shall— ‘‘(A) appraise the interest at its fair market value in accordance with this Act; ‘‘(B) provide eligible heirs, other devisees, and the Indian tribe with jurisdiction over the interest with written notice, sent by first class mail, that the interest is available for purchase in accordance with this subsection; and ‘‘(C) if the Secretary receives more than 1 request to purchase the interest by a person described in subpara graph (B), provide notice of the manner (auction or sealed bid), time and place of the sale, a description, and the appraised fair market value, of the interest to be sold— ‘‘(i) to the heirs or other devisees and the Indian tribe with jurisdiction over the interest, by first class mail; and ‘‘(ii) to all other eligible purchasers, by posting written notice in at least 5 conspicuous places in the vicinity of the place of hearing. ‘‘(5) SMALL UNDIVIDED INTERESTS IN INDIAN LANDS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the consent of a person who is an heir otherwise required under paragraph (3)(B) shall not be required for the auction and sale of an interest at probate under this subsection if— ‘‘(i) the interest is passing by intestate succession; and ‘‘(ii) prior to the auction the Secretary determines in the probate proceeding that the interest passing to such heir represents less than 5 percent of the entire undivided ownership of the parcel of land as evidenced by the Secretary’s records as of the time the determination is made. ‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), the consent of such heir shall be required for the sale at probate of the heir’s interest if, at the time of the decedent’s death, the heir was residing on the parcel of land of which the interest to be sold was a part.
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