118 STAT. 1777 PUBLIC LAW 108–374—OCT. 27, 2004 sale used, in the same manner provided in subparagraph (C). The determination of which person is the oldest eligible heir for inheritance purposes under this clause shall be made by the Secretary in the decedent’s probate proceeding and shall be consistent with the provisions of this Act. ‘‘(iv) EXCEPTIONS.—Notwithstanding clause (iii)— ‘‘(I)(aa) the heir of an interest under clause (iii), unless the heir is a minor or incompetent person, may agree in writing entered into the record of the decedent’s probate proceeding to renounce such interest, in trust or restricted status, in favor of— ‘‘(AA) any other eligible heir or Indian person related to the heir by blood, but in any case never in favor of more than 1 such heir or person; ‘‘(BB) any co owner of another trust or restricted interest in such parcel of land; or ‘‘(CC) the Indian tribe with jurisdiction over the interest, if any; and ‘‘(bb) the Secretary shall give effect to such agreement in the distribution of the interest in the probate proceeding; and ‘‘(II) the governing body of the Indian tribe with jurisdiction over an interest in trust or restricted land that is subject to the provisions of this subparagraph may adopt a rule of intestate descent applicable to such interest that differs from the order of decedent set forth in clause (iii). The Secretary shall apply such rule to the interest in distributing the decedent’s estate, but only if— ‘‘(aa) a copy of the tribal rule is delivered to the official designated by the Secretary to receive copies of tribal rules for the purposes of this clause; ‘‘(bb) the tribal rule provides for the intes tate inheritance of such interest by no more than 1 heir, so that the interest does not fur ther fractionate; ‘‘(cc) the tribal rule does not apply to any interest disposed of by a valid will; ‘‘(dd) the decedent died on or after the date described in subsection (b) of section 8 of the American Indian Probate Act of 2004, or on or after the date on which a copy of the tribal rule was delivered to the Secretary pursuant to item (aa), whichever is later; and ‘‘(ee) the Secretary does not make a deter mination within 90 days after a copy of the tribal rule is delivered pursuant to item (aa) that the rule would be unreasonably difficult to administer or does not conform with the requirements in item (bb) or (cc). ‘‘(v) RULE OF CONSTRUCTION.—This subparagraph shall not be construed to limit a person’s right to Deadline. Applicability.
�
