Page:United States Statutes at Large Volume 118.djvu/1817

 118 STAT. 1787 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(C) ACCEPTANCE OF INTEREST.—A renunciation or dis claimer of an interest filed in accordance with this para graph shall be considered accepted when implemented in a final order by a decisionmaker, and shall thereafter be irrevocable. No renunciation or disclaimer of an interest shall be included in such order unless the recipient of the interest has been given notice of the renunciation or disclaimer and has not refused to accept the interest. All disclaimers and renunciations filed and implemented in probate orders made effective prior to the date of enactment of the American Indian Probate Reform Act of 2004 are hereby ratified. ‘‘(D) RULE OF CONSTRUCTION.—Nothing in this para graph shall be construed to allow the renunciation of an interest that is subject to the provisions of section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D)) in favor of more than 1 person. ‘‘(9) CONSOLIDATION AGREEMENTS.— ‘‘(A) IN GENERAL.—During the pendency of probate, the decisionmaker is authorized to approve written consoli dation agreements effecting exchanges or gifts voluntarily entered into between the decedent’s eligible heirs or devi sees, to consolidate interests in any tract of land included in the decedent’s trust inventory. Such agreements may provide for the conveyance of interests already owned by such heirs or devisees in such tracts, without having to comply with the Secretary’s rules and requirements other wise applicable to conveyances by deed of trust or restricted interests in land. ‘‘(B) EFFECTIVE.—An agreement approved under subparagraph (A) shall be considered final when imple mented in an order by a decisionmaker. The final probate order shall direct any changes necessary to the Secretary’s land records, to reflect and implement the terms of the approved agreement. ‘‘(C) EFFECT ON PURCHASE OPTION AT PROBATE.—Any interest in trust or restricted land that is subject to a consolidation agreement under this paragraph or section 207(e) (25 U.S.C. 2206(e)) shall not be available for pur chase under section 207(p) (25 U.S.C. 2206(p)) unless the decisionmaker determines that the agreement should not be approved.’’. SEC. 4. PARTITION OF HIGHLY FRACTIONATED INDIAN LANDS. Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) (as amended by section 6(a)(2)) is amended by adding at the end the following: ‘‘(d) PARTITION OF HIGHLY FRACTIONATED INDIAN LANDS.— ‘‘(1) APPLICABILITY.—This subsection shall be applicable only to parcels of land (including surface and subsurface interests, except with respect to a subsurface interest that has been severed from the surface interest, in which case this subsection shall apply only to the surface interest) which the Secretary has determined, pursuant to paragraph (2)(B), to be parcels of highly fractionated Indian land.

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