Page:United States Statutes at Large Volume 122.djvu/5056

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12 2 STA T .503 3 PUBLIC LA W 110 –4 53 —DE C.2 , 200 8tha t is s el e c te dby the a p plicable hei r, de v isee, o rs u rvivi ng spouse .’ ’

(B)

in paragraph ( 4 ) — (i) in subparagraph ( A ), by adding ‘ ‘and’’ at the end; (ii) in subparagraph (B), by stri k ing ‘‘; and’’ and inserting a period; and (iii) by striking subparagraph ( C ); and (C) in paragraph ( 5 )— (i) in subparagraph (A)— ( I )inthe m atter preceding clause (i)— (aa) by inserting ‘‘or surviving spouse’’ a f ter ‘‘heir’’; (bb) by striking ‘‘paragraph ( 3 )(B)’’ and inserting ‘‘paragraph (3)(A)(ii)’’; and (cc) by striking ‘‘auction and’’; (II) in clause (i), by striking ‘‘and’’ at the end; (III) in clause (ii)— (aa) by striking ‘‘auction’’ and inserting ‘‘sale’’; (bb) by striking ‘‘the interest passing to such heir represents’’ and inserting ‘‘, at the time of death of the applicable decedent, the interest of the decedent in the land rep - resented’’; and (cc) by striking the period at the end and inserting ‘‘; and’’; (I V ) by adding at the end the follo w ing

‘‘(iii)(I) the S ecretary is purchasing the interest under the program authori z ed under section 21 3(a)(1); or ‘‘(II) after receiving a notice under paragraph (4)(B), the Indian tribe with j urisdiction over the interest is proposing to purchase the interest from an heir or surviving spouse who is not residing on the property in accordance with clause (i), and who is not a member, and is not eligible to become a member, of that Indian tribe.’’; and (ii) in subparagraph (B)— (I) by inserting ‘‘or surviving spouse’’ after ‘‘heir’’ each place it appears; and (II) by striking ‘‘heir’s interest’’ and inserting ‘‘interest of the heir or surviving spouse’’. (d) C ONF O RMI N G AM E N D MEN T .—Section 213(a)(1) of the Indian L and Consolidation Act (25 U .S.C. 2212(a)(1)) is amended by striking ‘‘section 2 07 (p)’’ and inserting ‘‘section 207(o)’’. (e) OW NER- MA NAGED INTERE S TS.—Section 221(a) of the Indian Land Consolidation Act (25 U.S.C. 2220(a)) is amended by inserting ‘‘owner or’’ before ‘‘co-owners’’. (f) E FFE C TI V E D ATES.— (1) T ESTAMENTAR Y DIS P OSITION.—The amendments made by subsection (c)(2) of this section to section 207(b) of the Indian Land Consolidation Act (25 U.S.C. 220 6 (b)) shall not apply to any will e x ecuted before the date that is 1 year after the date of enactment of this Act. (2) SMA L L U NDIVIDED INTERESTS IN INDIAN LANDS.—The amendments made by subsection (c)(7)(C) of this section to 25USC 22 06note.