Page:United States Statutes at Large Volume 114 Part 3.djvu/975

 PUBLIC LAW 106-462—NOV. 7, 2000 114 STAT. 1997 "(2) LIFE ESTATE. — Notwithstanding paragraph (1), with respect to land described in such paragraph, a non-Indian spouse or non-Indian heirs of the first or second degree shall only receive a life estate in such land. " (3) DESCENT OF INTERESTS. —If a decedent described in paragraph (1) has no Indian heirs of the first or second degree, the remainder interest from the life estate referred to in paragraph (2) shall descend to any of the decedent's collateral Indian heirs of the first or second degree, pursuant to the applicable laws of intestate succession, if on the date of the decedent's death, such heirs were a co-owner of an interest in the parcel of trust or restricted land involved. " (4) DESCENT TO TRIBE.—I f the remainder interest described in paragraph (3) does not descend to an Indian heir or heirs it shall descend to the Indian tribe that exercises jurisdiction over the parcel of trust or restricted lands involved, subject to paragraph (5). " (5) ACQUISITION OF INTEREST BY INDIAN CO-OWNERS.—An Indian co-owner of a parcel of trust or restricted land may prevent the descent of an interest in such land for which there is no heir of the first or second degree by paying into the decedent's estate the fair market value of the interest in such land. If more than 1 Indian co-owner makes an offer to pay for such an interest, the highest bidder shall obtain the interest. If no such offer is made, the interest shall descend to the Indian tribe that exercises jurisdiction over the parcel of land involved. "(c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.— "(1) TESTATE. —I f a testator devises interests in the same parcel of trust or restricted lands to more than 1 person, in the absence of express language in the devise to the contrary, the devise shall be presumed to create joint tenancy with the right of survivorship in the land involved. "(2) INTESTATE.— "(A) IN GENERAL.— Any interest in trust or restricted land that— 1 person, including a remainder interest under subsection (a) or (b) of section 207; and "(ii) that constitutes 5 percent or more of the undivided interest in a parcel of trust or restricted land; shall be held as tenancy in common. "(B) LIMITED INTEREST. —Any interest in trust or restricted land that— "(i) passes by intestate succession to more than 1 person, including a remainder interest under subsection (a) or (b) of section 207; and "(ii) that constitutes less than 5 percent of the undivided interest in a parcel of trust or restricted land; shall be held by such heirs with the right of survivorship. "(3) EFFECTIVE DATE.— "(A) IN GENERAL. —This subsection (other than . subparagraph (B)) shall become effective on the later of— "(i) the date referred to in subsection (g)(5); or
 * '(i) passes by intestate succession to more than

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