25 U.S.C. § 2204 — Purchase of trust or restricted or con-

Page 439 TITLE 25—INDIANS § 2204 AUTHORIZATION OF APPROPRIATIONS Pub. L. 106–462, title I, § 105, Nov. 7, 2000, 114 Stat. 2007, provided that: ‘‘There are authorized to be appro- priated not to exceed $8,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out the provisions of this title [enacting sections 2205, 2206, and 2212 to 2219 of this title, amending this section and sections 348, 372, 373, 2204, 2207, and 5107 of this title, repealing sections 331 to 333, 2205, and 2206 of this title, and enact- ing provisions set out as notes under this section and section 2206 of this title] (and the amendments made by this title) that are not otherwise funded under the au- thority provided for in any other provision of Federal law.’’ § 2202. Other applicable provisions The provisions of section 5108 of this title shall apply to all tribes notwithstanding the provisions of section 5125 of this title: Provided, That nothing in this section is intended to su- persede any other provision of Federal law which authorizes, prohibits, or restricts the ac- quisition of land for Indians with respect to any specific tribe, reservation, or state(s). (Pub. L. 97–459, title II, § 203, Jan. 12, 1983, 96 Stat. 2517.) § 2203. Adoption of land consolidation plan with approval of Secretary (a) Statement of purpose; sales or exchanges: terms and conditions Notwithstanding any other provision of law, any tribe, acting through its governing body, is authorized, with the approval of the Secretary to adopt a land consolidation plan providing for the sale or exchange of any tribal lands or inter- est in lands for the purpose of eliminating undi- vided fractional interests in Indian trust or re- stricted lands or consolidating its tribal land- holdings: Provided, That— (1) except as provided by subsection (c), the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary; (2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may ac- cept or give cash in such exchange in order to equalize the values of the property exchanged; (3) any proceeds from the sale of land or in- terests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land; (4) the Secretary shall maintain a separate trust account for each tribe selling or ex- changing land pursuant to this section con- sisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this sec- tion; and (5) any tribe may retain the mineral rights to such sold or exchanged lands and the Sec- retary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands. (b) Conveyancing requirement; specific findings for nonexecution The Secretary must execute such instrument of conveyance needed to effectuate a sale or ex- change of tribal lands made pursuant to an ap- proved tribal land consolidation plan unless he makes a specific finding that such sale or ex- change is not in the best interest of the tribe or is not in compliance with the tribal land con- solidation plan. (c) Below market value conveyance of Cherokee Nation of Oklahoma homesites The Secretary may execute instruments of conveyance for less than fair market value to ef- fectuate the transfer of lands used as homesites held, on December 17, 1991, by the United States in trust for the Cherokee Nation of Oklahoma. Only the lands used as homesites, and described in the land consolidation plan of the Cherokee Nation of Oklahoma approved by the Secretary on February 6, 1987, shall be subject to this sub- section. (Pub. L. 97–459, title II, § 204, Jan. 12, 1983, 96 Stat. 2517; Pub. L. 98–608, § 1(1), Oct. 30, 1984, 98 Stat. 3171; Pub. L. 102–238, § 3, Dec. 17, 1991, 105 Stat. 1908.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(1). Pub. L. 102–238, § 3(1), substituted ‘‘(1) except as provided by subsection (c), the sale price’’ for ‘‘(1) the sale price’’. Subsec. (c). Pub. L. 102–238, § 3(2), added subsec. (c). 1984—Subsec. (a). Pub. L. 98–608 amended subsec. (a) generally, substituting ‘‘: Provided, That—’’ for period at end and inserting five numbered pars., thereby cor- recting errors originally contained in this section as enacted by Pub. L. 97–459, the text of which had a por- tion of section 204 appearing in section 206 (classified to section 2205 of this title) as the result of inadvertent error in the execution of committee amendments (see House Report No. 97–908, Sept. 30, 1982) to the bill. Pub. L. 97–459 enacted subsec. (a) as ending with ‘‘tribal landholdings.’’, and included portion of section 204 con- taining proviso and five numbered pars. within text of section 206. Subsec. (b). Pub. L. 98–608 included subsec. (b) within this section and substituted a period for the dash after ‘‘tribal land consolidation plan’’, thereby correcting er- rors originally contained in this section as enacted by Pub. L. 97–459, which, as the result of inadvertent error in the execution of committee amendments (see House Report No. 97–908, Sept. 30, 1982) to the bill, enacted subsec. (b) as part of section 206(b) of Pub. L. 97–459 and ended it with ‘‘tribal land consolidation plan—’’. § 2204. Purchase of trust or restricted or con- trolled lands at no less than fair market value; requisite conditions (a) Purchase of land (1) In general Subject to subsection (b), any Indian tribe may purchase, at not less than fair market value and with the consent of the owners of the interests, part or all of the interests in— (A) any tract of trust or restricted land within the boundaries of the reservation of the tribe; or (B) land that is otherwise subject to the jurisdiction of the tribe. Page 440 TITLE 25—INDIANS § 2204 1 So in original. Probably should be paragraph ‘‘(2)(C),’’. (2) Required consent (A) In general The Indian tribe may purchase all inter- ests in a tract described in paragraph (1) with the consent of the owners of undivided interests equal to at least 50 percent of the undivided interest in the tract. (B) Interest owned by tribe Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of deter- mining whether the consent requirement under subparagraph (A) has been met. (b) Conditions applicable to purchase Subsection (a) applies on the condition that— (1) any Indian owning any undivided inter- est, and in actual use and possession of such tract for at least three years preceding the tribal initiative, may purchase such tract by matching the tribal offer; (2) if at any time within five years following the date of acquisition of such land by an indi- vidual pursuant to this section, such property is offered for sale or a petition is filed with the Secretary for removal of the property from trust or restricted status, the tribe shall have 180 days from the date it is notified of such offer or petition to acquire such property by paying to the owner the fair market value as determined by the Secretary; and (3) the approval of the Secretary shall be re- quired for a land sale initiated under this sec- tion, except that such approval shall not be re- quired with respect to a land sale transaction initiated by an Indian tribe that has in effect a land consolidation plan that has been ap- proved by the Secretary under section 2203 of this title. (c) Partition of highly fractionated Indian lands (1) Applicability This subsection shall be applicable only to parcels of land (including surface and sub- surface interests, except with respect to a sub- surface interest that has been severed from the surface interest, in which case this sub- section shall apply only to the surface inter- est) which the Secretary has determined, pur- suant to paragraph (2)(B),1 to be parcels of highly fractionated Indian land. (2) Requirements Each partition action under this subsection shall be conducted by the Secretary in accord- ance with the following requirements: (A) Application Upon receipt of any payment or bond re- quired under subparagraph (B), the Sec- retary shall commence a process for parti- tioning a parcel of land by sale in accord- ance with the provisions of this subsection upon receipt of an application by— (i) the Indian tribe with jurisdiction over the subject land that owns an undivided interest in the parcel of land; or (ii) any person owning an undivided in- terest in the parcel of land who is eligible to bid at the sale of the parcel pursuant to subclause (II), (III), or (IV) of subpara- graph (I)(i); provided that no such application shall be valid or considered if it is received by the Secretary prior to the date that is 1 year after the date on which notice is published pursuant to section 8(a)(4) of the American Indian Probate Reform Act of 2004. (B) Costs of serving notice and publication The costs of serving and publishing notice under subparagraph (F) shall be borne by the applicant. Upon receiving written notice from the Secretary, the applicant must pay to the Secretary an amount determined by the Secretary to be the estimated costs of such service of notice and publication, or furnish a sufficient bond for such estimated costs within the time stated in the notice, failing which, unless an extension is granted by the Secretary, the Secretary shall not be required to commence the partition process under subparagraph (A) and may deny the application. The Secretary shall have the discretion and authority in any case to waive either the payment or the bond (or any portion of such payment or bond) other- wise required by this subparagraph, upon making a determination that such waiver will further the policies of this chapter. (C) Determination Upon receipt of an application pursuant to subparagraph (A), the Secretary shall deter- mine whether the subject parcel meets the requirements set forth in section 2201(6) of this title to be classified as a parcel of high- ly fractionated Indian land. (D) Consent requirements (i) In general A parcel of land may be partitioned under this subsection only if the applicant obtains the written consent of— (I) the Indian tribe with jurisdiction over the subject land if such Indian tribe owns an undivided interest in the parcel; (II) any owner who, for the 3-year pe- riod immediately preceding the date on which the Secretary receives the appli- cation, has (aa) continuously maintained a bona fide residence on the parcel; or (bb) operated a bona fide farm, ranch, or other business on the parcel; and (III) the owners (including parents of minor owners and legal guardians of in- competent owners) of at least 50 percent of the undivided interests in the parcel, but only in cases where the Secretary de- termines that, based on the final ap- praisal prepared pursuant to subpara- graph (F), any 1 owner’s total undivided interest in the parcel (not including the interest of an Indian tribe or that of the owner requesting the partition) has a value in excess of $1,500. Any consent required by this clause must be in writing and acknowledged before a Page 441 TITLE 25—INDIANS § 2204 notary public (or other official authorized to make acknowledgments), and shall be approved by the Secretary unless the Sec- retary has reason to believe that the con- sent was obtained as a result of fraud or undue influence. (ii) Consent by the Secretary on behalf of certain individuals For the purposes of clause (i)(III), the Secretary may consent on behalf of— (I) undetermined heirs of trust or re- stricted interests and owners of such in- terests who are minors and legal incompetents having no parents or legal guardian; and (II) missing owners or owners of trust or restricted interests whose where- abouts are unknown, but only after a search for such owners has been com- pleted in accordance with the provisions of this subsection. (E) Appraisal After the Secretary has determined that the subject parcel is a parcel of highly fractionated Indian land pursuant to sub- paragraph (C), the Secretary shall cause to be made, in accordance with the provisions of this chapter for establishing fair market value, an appraisal of the fair market value of the subject parcel. (F) Notice to owners on completion of ap- praisal Upon completion of the appraisal, the Sec- retary shall give notice of the requested par- tition and appraisal to all owners of undi- vided interests in the parcel, in accordance with principles of due process. Such notice shall include the following requirements: (i) Written notice The Secretary shall attempt to give each owner written notice of the partition ac- tion stating the following: (I) That a proceeding to partition the parcel of land by sale has been com- menced. (II) The legal description of the subject parcel. (III) The owner’s ownership interest in the subject parcel as evidenced by the Secretary’s records as of the date that owners are determined in accordance with clause (ii). (IV) The results of the appraisal. (V) The owner’s right to receive a copy of the appraisal upon written request. (VI) The owner’s right to comment on or object to the proposed partition and the appraisal. (VII) That the owner must timely com- ment on or object in writing to the pro- posed partition or the appraisal, in order to receive notice of approval of the ap- praisal and right to appeal. (VIII) The date by which the owner’s written comments or objections must be received, which shall not be less than 90 days after the date that the notice is mailed under this clause or last pub- lished under clause (ii)(II). (IX) The address for requesting copies of the appraisal and for submitting writ- ten comments or objections. (X) The name and telephone number of the official to be contacted for purposes of obtaining information regarding the proceeding, including the time and date of the auction of the land or the date for submitting sealed bids. (XI) Any other information the Sec- retary deems to be appropriate. (ii) Manner of service (I) Service by certified mail The Secretary shall use due diligence to provide all owners of interests in the subject parcel, as evidenced by the Sec- retary’s records at the time of the deter- mination under subparagraph (C), with actual notice of the partition pro- ceedings by mailing a copy of the writ- ten notice described in clause (i) by cer- tified mail, restricted delivery, to each such owner at the owner’s last known address. For purposes of this subsection, owners shall be determined from the Secretary’s land title records as of the date of the determination under subpara- graph (C) or a date that is not more than 90 days prior to the date of mailing under this clause, whichever is later. In the event the written notice to an owner is returned undelivered, the Secretary shall attempt to obtain a current address for such owner by conducting a reason- able search (including a reasonable search of records maintained by local, State, Federal and tribal governments and agencies) and by inquiring with the Indian tribe with jurisdiction over the subject parcel, and, if different from that tribe, the Indian tribe of which the owner is a member, and, if successful in locating any such owner, send written notice by certified mail in accordance with this subclause. (II) Notice by publication The Secretary shall give notice by pub- lication of the partition proceedings to all owners that the Secretary was unable to serve pursuant to subclause (I), and to unknown heirs and assigns by— (aa) publishing the notice described in clause (i) at least 2 times in a news- paper of general circulation in the county or counties where the subject parcel of land is located or, if there is an Indian tribe with jurisdiction over the parcel of land and that tribe pub- lishes a tribal newspaper or newsletter at least once every month, 1 time in such newspaper of general circulation and 1 time in such tribal newspaper or newsletter; (bb) posting such notice in a con- spicuous place in the tribal head- quarters or administration building (or such other tribal building determined by the Secretary to be most appro- priate for giving public notice) of the Page 442 TITLE 25—INDIANS § 2204 Indian tribe with jurisdiction over the parcel of land, if any; and (cc) in addition to the foregoing, in the Secretary’s discretion, publishing notice in any other place or means that the Secretary determines to be appropriate. (G) Review of comments on appraisal (i) In general After reviewing and considering com- ments or information timely submitted by any owner of an interest in the parcel in response to the notice required under sub- paragraph (F), the Secretary may, con- sistent with the provisions of this chapter for establishing fair market value— (I) order a new appraisal; or (II) approve the appraisal; provided that if the Secretary orders a new appraisal under subclause (I), notice of the new appraisal shall be given as specified in clause (ii). (ii) Notice Notice shall be given— (I) in accordance with subparagraph (H), where the new appraisal results in a value of the land that is equal to or greater than that of the earlier ap- praisal; or (II) in accordance with subparagraph (F)(ii), where the new appraisal results in a lower valuation of the land. (H) Notice to owners of approval of appraisal and right to appeal Upon making the determination under subparagraph (G), the Secretary shall pro- vide to the Indian tribe with jurisdiction over the subject land and to all persons who submitted written comments on or objec- tions to the proposed partition or appraisal, a written notice to be served on such tribe and persons by certified mail. Such notice shall state— (i) the results of the appraisal; (ii) that the owner has the right to re- view a copy of the appraisal upon request; (iii) that the land will be sold for not less than the appraised value, subject to the consent requirements under paragraph (2)(D); (iv) the time of the sale or for submit- ting bids under subparagraph (I); (v) that the owner has the right, under the Secretary’s regulations governing ad- ministrative appeals, to pursue an admin- istrative appeal from— (I) the determination that the land may be partitioned by sale under the provisions of this section; and (II) the Secretary’s order approving the appraisal; (vi) the date by which an administrative appeal must be taken, a citation to the provisions of the Secretary’s regulations that will govern the owner’s appeal, and any other information required by such regulations to be given to parties affected by adverse decisions of the Secretary; (vii) in cases where the Secretary deter- mines that any person’s undivided trust or restricted interest in the parcel exceeds $1,500 pursuant to paragraph (2)(D)(iii), that the Secretary has authority to con- sent to the partition on behalf of undeter- mined heirs of trust or restricted interests in the parcel and owners of such interests whose whereabouts are unknown; and (viii) any other information the Sec- retary deems to be appropriate. (I) Sale to eligible purchaser (i) In general Subject to clauses (ii) and (iii) and the consent requirements of paragraph (2)(D), the Secretary shall, after providing notice to owners under subparagraph (H), includ- ing the time and place of sale or for receiv- ing sealed bids, at public auction or by sealed bid (whichever of such methods of sale the Secretary determines to be more appropriate under the circumstances) sell the parcel of land by competitive bid for not less than the final appraised fair mar- ket value to the highest bidder from among the following eligible bidders: (I) The Indian tribe, if any, with juris- diction over the trust or restricted inter- ests in the parcel being sold. (II) Any person who is a member, or is eligible to be a member, of the Indian tribe described in subclause (I). (III) Any person who is a member, or is eligible to be a member, of an Indian tribe but not of the tribe described in subclause (I), but only if such person al- ready owns an undivided interest in the parcel at the time of sale. (IV) Any lineal descendent of the origi- nal allottee of the parcel who is a mem- ber or is eligible to be a member of an Indian tribe or, with respect to a parcel located in the State of California that is not within an Indian tribe’s reservation or not otherwise subject to the jurisdic- tion of an Indian tribe, who is a member, or eligible to be a member, of an Indian tribe or owns a trust or restricted inter- est in the parcel. (ii) Right to match highest bid If the highest bidder is a person who is only eligible to bid under clause (i)(III), the Indian tribe that has jurisdiction over the parcel, if any, shall have the right to match the highest bid and acquire the par- cel, but only if— (I) prior to the date of the sale, the governing body of such tribe has adopted a tribal law or resolution reserving its right to match the bids of such non- member bidders in partition sales under this subsection and delivered a copy of such law or resolution to the Secretary; and (II) the parcel is not acquired under clause (iii). (iii) Right to purchase Any person who is a member, or eligible to be a member, of the Indian tribe with Page 443 TITLE 25—INDIANS § 2204 jurisdiction over the trust or restricted in- terests in the parcel being sold and is, as of the time of sale under this subparagraph, the owner of the largest undivided interest in the parcel shall have a right to purchase the parcel by tendering to the Secretary an amount equal to the highest sufficient bid submitted at the sale, less that amount of the bid attributable to such owner’s share, but only if— (I) the owner submitted a sufficient bid at the sale; (II) the owner’s total undivided inter- est in the parcel immediately prior to the sale was— (aa) greater than the undivided inter- est held by any other co-owners, except where there are 2 or more co-owners whose interests are of equal size but larger than the interests of all other co-owners and such owners of the larg- est interests have agreed in writing that 1 of them may exercise the right of purchase under this clause; and (bb) equal to or greater than 20 per- cent of the entire undivided ownership of the parcel; (III) within 3 days following the date of the auction or for receiving sealed bids, and in accordance with the regulations adopted to implement this section (if any), the owner delivers to the Secretary a written notice of intent to exercise the owner’s rights under this clause; and (IV) such owner tenders the amount of the purchase price required under this clause— (aa) not more than 30 days after the date of the auction or time for receiv- ing sealed bids; and (bb) in accordance with any require- ments of the regulations promulgated under paragraph (5). (iv) Interest acquired A purchaser of a parcel of land under this subparagraph shall acquire title to the parcel in trust or restricted status, free and clear of any and all claims of title or ownership of all persons or entities (not in- cluding the United States) owning or claiming to own an interest in such parcel prior to the time of sale. (J) Proceeds of sale (i) Subject to clauses (ii) and (iii), the Sec- retary shall distribute the proceeds of sale of a parcel of land under the provisions of this section to the owners of interests in such parcel in proportion to their respective own- ership interests. (ii) Proceeds attributable to the sale of trust or restricted interests shall be main- tained in accounts as trust personalty. (iii) Proceeds attributable to the sale of in- terests of owners whose whereabouts are un- known, of undetermined heirs, and of other persons whose ownership interests have not been recorded shall be held by the Secretary until such owners, heirs, or other persons have been determined, at which time such proceeds shall be distributed in accordance with clauses (i) and (ii). (K) Lack of bids or consent (i) Lack of bids If no bidder described in subparagraph (I) presents a bid that equals or exceeds the final appraised value, the Secretary may either— (I) purchase the parcel of land for its appraised fair market value on behalf of the Indian tribe with jurisdiction over the land, subject to the lien and proce- dures provided under section 2213(b) of this title; or (II) terminate the partition process. (ii) Lack of consent If an applicant fails to obtain any appli- cable consent required under the provi- sions of subparagraph (D) by the date es- tablished by the Secretary prior to the proposed sale, the Secretary may either extend the time for obtaining any such consent or deny the request for partition. (3) Enforcement (A) In general If a partition is approved under this sub- section and an owner of an interest in the parcel of land refuses to surrender posses- sion in accordance with the partition deci- sion, or refuses to execute any conveyance necessary to implement the partition, then any affected owner or the United States may— (i) commence a civil action in the United States district court for the district in which the parcel of land is located; and (ii) request that the court issue an order for ejectment or any other appropriate remedy necessary for the partition of the land by sale. (B) Federal role With respect to any civil action brought under subparagraph (A)— (i) the United States— (I) shall receive notice of the civil ac- tion; and (II) may be a party to the civil action; and (ii) the civil action shall not be dis- missed, and no relief requested shall be de- nied, on the ground that the civil action is against the United States or that the United States is a necessary and indispen- sable party. (4) Grants and loans The Secretary may provide grants and low interest loans to successful bidders at sales authorized by this subsection, provided that— (A) the total amount of such assistance in any such sale shall not exceed 20 percent of the appraised value of the parcel of land sold; and (B) the grant or loan funds provided shall only be applied toward the purchase price of the parcel of land sold. (5) Regulations The Secretary is authorized to adopt such regulations as may be necessary to implement Page 444 TITLE 25—INDIANS § 2205 the provisions of this subsection. Such regula- tions may include provisions for giving notice of sales to prospective purchasers eligible to submit bids at sales conducted under para- graph (2)(I). (Pub. L. 97–459, title II, § 205, Jan. 12, 1983, 96 Stat. 2517; Pub. L. 98–608, § 1(2), Oct. 30, 1984, 98 Stat. 3171; Pub. L. 106–462, title I, § 103(2), Nov. 7, 2000, 114 Stat. 1993; Pub. L. 108–374, §§ 4, 6(a)(1), Oct. 27, 2004, 118 Stat. 1787, 1797; Pub. L. 109–157, §§ 2, 8(a)(1), Dec. 30, 2005, 119 Stat. 2949, 2952; Pub. L. 110–453, title II, § 207(b), Dec. 2, 2008, 122 Stat. 5030.) Editorial Notes REFERENCES IN TEXT Section 8(a)(4) of the American Indian Probate Re- form Act of 2004, referred to in subsec. (c)(2)(A), is sec- tion 8(a)(4) of Pub. L. 108–374, which is set out as a note under section 2201 of this title. This chapter, referred to in subsec. (c)(2)(B), (E), (G)(i), was in the original ‘‘this Act’’, which was trans- lated as reading ‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress. AMENDMENTS 2008—Subsec. (c)(2)(D)(i). Pub. L. 110–453 substituted ‘‘by the Secretary’’ for ‘‘by Secretary’’ in concluding provisions. 2005—Subsec. (a). Pub. L. 109–157, § 2(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘Subject to subsection (b) of this section, any Indian tribe may purchase at no less than the fair market value part or all of the interests in any tract of trust or restricted land within that tribe’s reservation or otherwise subject to that tribe’s jurisdiction with the consent of the owners of such in- terests. The tribe may purchase all of the interests in such tract with the consent of the owners of undivided interests equal to at least 50 percent of the undivided interest in such tract. Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of determining whether the consent requirement under the preceding sentence has been met.’’ Subsec. (c). Pub. L. 109–157, § 2(2), redesignated subsec. (d) as (c). Prior to amendment, no subsec. (c) had been enacted. Subsec. (c)(2)(G)(ii)(I). Pub. L. 109–157, § 2(3)(A)(i), sub- stituted ‘‘a value of the land that is equal to or greater than that of the earlier appraisal’’ for ‘‘a higher valu- ation of the land’’. Subsec. (c)(2)(I)(iii)(III). Pub. L. 109–157, § 2(3)(A)(ii)(I), inserted ‘‘(if any)’’ after ‘‘this section’’. Subsec. (c)(2)(I)(iii)(IV)(aa). Pub. L. 109–157, § 2(3)(A)(ii)(II)(aa), substituted ‘‘more’’ for ‘‘less’’. Subsec. (c)(2)(I)(iii)(IV)(bb). Pub. L. 109–157, § 2(3)(A)(ii)(II)(bb), substituted ‘‘under paragraph (5)’’ for ‘‘to implement this section’’. Subsec. (c)(5). Pub. L. 109–157, § 2(3)(B), in second sen- tence, substituted ‘‘may’’ for ‘‘shall’’. Subsec. (d). Pub. L. 109–157, § 8(a)(1), amended direc- tory language of Pub. L. 108–374, § 4. See 2004 Amend- ment note below. Pub. L. 109–157, § 2(2), redesignated subsec. (d) as (c). 2004—Subsec. (a). Pub. L. 108–374, § 6(a)(1), in second sentence, substituted ‘‘undivided interests equal to at least 50 percent of the undivided interest’’ for ‘‘over 50 per centum of the undivided interests’’. Subsec. (d). Pub. L. 108–374, § 4, as amended by Pub. L. 109–157, § 8(a)(1), added subsec. (d). 2001—Pub. L. 106–462, § 103(2)(A)(iii), which directed substitution of subsec. (b) designation and heading and ‘‘Subsection (a) applies on the condition that—’’ for ‘‘: Provided, That—’’, was executed by making the sub- stitution for ‘‘Provided, That—’’ to reflect the probable intent of Congress and the amendment by Pub. L. 106–462, § 103(2)(A)(ii). See below. Pub. L. 106–462, § 103(2)(A)(i), (ii), substituted subsec. (a) designation and heading and ‘‘Subject to subsection (b), any Indian’’ for ‘‘Any Indian’’ and ‘‘. Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of deter- mining whether the consent requirement under the pre- ceding sentence has been met.’’ for the colon before ‘‘Provided, That—’’. Subsec. (b)(2). Pub. L. 106–462, § 103(2)(B)(ii), inserted ‘‘and’’ at end. Pub. L. 106–462, § 103(2)(B)(i), which directed substi- tution of ‘‘if’’ for ‘‘If,’’, was executed by making the substitution for ‘‘if,’’ to reflect the probable intent of Congress. Subsec. (b)(3). Pub. L. 106–462, § 103(2)(C), added par. (3) and struck out former par. (3) which read as follows: ‘‘all purchases and sales initiated under this section shall be subject to approval by the Secretary.’’ 1984—Pub. L. 98–608 amended section generally, sub- stituting ‘‘the owners of such interests. The tribe may purchase all of the interests in such tract with the con- sent of the owners of over 50 per centum of the undi- vided interests in such tract’’ for ‘‘of over 50 per cen- tum of the owners or with the consent of the owners of over 50 per centum of undivided interests in such tract’’ before proviso. Par. (1). Pub. L. 98–608 redesignated par. (2) as (1) and inserted ‘‘for at least three years preceding the tribal initiative,’’ before ‘‘may purchase such tract’’. Former par. (1), which provided that no such tract shall be ac- quired by any Indian or tribe over the objections of three or less owners owning 50 per centum or more of the total interest in such tract, was struck out. Par. (2). Pub. L. 98–608 added par. (2). Former par. (2) redesignated (1). Pars. (3), (4). Pub. L. 98–608 redesignated par. (4) as (3), and in par. (3), as so redesignated, substituted ‘‘subject to approval’’ for ‘‘approved’’ and struck out former par. (3), which provided that ‘‘this section shall not apply to any tract of land owned by less than fifteen persons; and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–157 effective as if included in Pub. L. 108–374, see section 9 of Pub. L. 109–157, set out as a note under section 5107 of this title. SEVERABILITY Invalidity of any provision of Pub. L. 108–374 not to affect validity of remaining provisions, except that each of subcls. (II), (III), or (IV) of subsection (c)(2)(I)(i) of this section deemed to be inseverable from the other two, such that invalidity of any one subcl. renders the other two without effect, see section 9 of Pub. L. 108–374, as amended, set out as a note under section 2201 of this title. § 2205. Tribal probate codes; acquisitions of frac- tional interests by tribes (a) Tribal probate codes (1) In general Notwithstanding any other provision of law, any Indian tribe may adopt a tribal probate code to govern descent and distribution of trust or restricted lands that are— (A) located within that Indian tribe’s res- ervation; or (B) otherwise subject to the jurisdiction of that Indian tribe. (2) Possible inclusions A tribal probate code referred to in para- graph (1) may include—