118 STAT. 1805 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(B) 100 or more co owners of undivided trust or restricted interests; ‘‘(7) ‘land’ means any real property, and includes within its meaning for purposes of this Act improvements permanently affixed to real property; ‘‘(8) ‘person’ or ‘individual’ means a natural person; ‘‘(9) ‘eligible heirs’ means, for purposes of section 207 (25 U.S.C. 2206), any of a decedent’s children, grandchildren, great grandchildren, full siblings, half siblings by blood, and parents who are— ‘‘(A) Indian; or ‘‘(B) lineal descendents within 2 degrees of consan guinity of an Indian; or ‘‘(C) owners of a trust or restricted interest in a parcel of land for purposes of inheriting by descent, renunciation, or consolidation agreement under section 207 (25 U.S.C. 2206), another trust or restricted interest in such parcel from the decedent; and ‘‘(10) ‘without regard to waste’ means, with respect to a life estate interest in land, that the holder of such estate is entitled to the receipt of all income, including bonuses and royalties, from such land to the exclusion of the remaindermen.’’. (c) ISSUANCE OF PATENTS.—Section 5 of the Act of February 8, 1887 (25 U.S.C. 348), is amended by striking the second proviso and inserting the following: ‘‘Provided, That the rules of intestate succession under the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) (including a tribal probate code approved under that Act or regulations promulgated under that Act) shall apply to that land for which patents have been executed and delivered:’’. (d) TRANSFERS OF RESTRICTED INDIAN LAND.—Section 4 of the Act of June 18, 1934 (25 U.S.C. 464), is amended in the first proviso by— (1) striking ‘‘, in accordance with’’ and all that follows through ‘‘or in which the subject matter of the corporation is located,’’; (2) striking ‘‘, except as provided by the Indian Land Consolidation Act’’ and all that follows through the colon; and (3) inserting ‘‘in accordance with the Indian Land Consoli dation Act (25 U.S.C. 2201 et seq.) (including a tribal probate code approved under that Act or regulations promulgated under that Act):’’. (e) ESTATE PLANNING.— (1) CONDUCT OF ACTIVITIES.—Section 207(f)(1) of the Indian Land Consolidation Act (25 U.S.C. 2206) is amended by striking paragraph (1) and inserting the following: ‘‘(1) IN GENERAL.— ‘‘(A) The activities conducted under this subsection shall be conducted in accordance with any applicable— ‘‘(i) tribal probate code; or ‘‘(ii) tribal land consolidation plan. ‘‘(B) The Secretary shall provide estate planning assist ance in accordance with this subsection, to the extent amounts are appropriated for such purpose.’’. (2) REQUIREMENTS.—Section 207(f)(2) of the Indian Land Consolidation Act (25 U.S.C. 2206(f)(2)) is amended by striking Applicability.
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