Page:United States Statutes at Large Volume 101 Part 3.djvu/372

 101 STAT. 1670

PUBLIC LAW 100-233—JAN. 6, 1988

"(C) The Secretary shall give preference in the sale or lease, with option to purchase, of property that has been foreclosed, purchased, redeemed, or otherwise acquired by the Secretary to persons in the following order: "(i) The immediate previous borrower-owner of the acquired property, "(ii) If actively engaged in farming— "(I) the spouse or child of the previous borrower-owner; or "(II) a stockholder in the corporation, if the borrowerowner is a corporation held exclusively by members of the same family, "(iii) The immediate previous family size farm operator of such acquired property. "(iv) Operators (as of the time immediately after such sale or lease is entered into) of not larger than family-size farms. Indians.

"(DXD If—

"(I) the real property described in subparagraph (A)(i) is located within an Indian reservation, "(II) the borrower-owner is the Indian tribe that has jurisdiction over the reservation in which the real property is located or the borrower-owner is a member of such Indian tribe, and "(III) the period in which the right to purchase or lease such real property provided in clauses (i) and (ii) of subparagraph (A) has expired, the Secretary shall dispose of or administer the property only as provided for in this subparagraph. "(ii) For purposes of this subparagraph, the term 'Indian reservation' means all land located within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; trust or restricted land located within the boundaries of a former reservation of a federally recognized Indian tribe in the State of Oklahoma; or all Indian allotments the Indian titles to which have not been extinguished if such allotments are subject to the jurisdiction of a federally recognized Indian tribe, "(iii) The Secretary shall, within 90 days after the expiration of the period for which the right to purchase or lease real property described in clause (i) is provided in clauses (i) and (ii) of subparagraph (A), afford an opportunity to purchase or lease the real property in accordance with the order of priority established under clause (iv) by the Indian tribe having jurisdiction over the Indian reservation within which the real property is located or, if no order of priority is established by such Indian tribe under clause (iv), in the following order: "(I) to an Indian member of the Indian tribe that has jurisdiction over the reservation within which the real property is located; "(II) to an Indian corporate entity; "(III) to such Indian tribe, "(iv) The governing body of any Indian tribe having jurisdiction over an Indian reservation may revise the order of priority provided in clause (iii) under which lands located within such reservation shall be offered for purchase or lease by the Secretary under clause (iii) and may restrict the eligibility for such purchase or lease to— "(I) persons who are members of such Indian tribe,

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