Page:United States Statutes at Large Volume 118.djvu/1818

 118 STAT. 1788 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(2) REQUIREMENTS.—Each partition action under this sub section shall be conducted by the Secretary in accordance with the following requirements: ‘‘(A) APPLICATION.—Upon receipt of any payment or bond required under subparagraph (B), the Secretary shall commence a process for partitioning a parcel of land by sale in accordance with the provisions of this subsection upon receipt of an application by— ‘‘(i) the Indian tribe with jurisdiction over the sub ject land that owns an undivided interest in the parcel of land; or ‘‘(ii) any person owning an undivided interest in the parcel of land who is eligible to bid at the sale of the parcel pursuant to subclause (II), (III), or (IV) of subparagraph (I)(i); provided that no such application shall be valid or consid ered 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 subpara graph (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 Sec retary shall not be required to commence the partition process under subparagraph (A) and may deny the applica tion. 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) otherwise required by this subparagraph, upon making a determination that such waiver will further the policies of this Act. ‘‘(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 202(6) (25 U.S.C. 2201(6)) to be classi fied as a parcel of highly fractionated Indian land. ‘‘(D) CONSENT REQUIREMENTS.— ‘‘(i) IN GENERAL.—A parcel of land may be parti tioned 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 period immediately preceding the date on which the Sec retary receives the application, 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 incompetent owners)

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