Page:United States Statutes at Large Volume 118.djvu/1819

 118 STAT. 1789 PUBLIC LAW 108–374—OCT. 27, 2004 of at least 50 percent of the undivided interests in the parcel, but only in cases where the Secretary determines that, based on the final appraisal pre pared pursuant to subparagraph (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 notary public (or other official authorized to make acknowledgments), and shall be approved by Secretary unless the Secretary has reason to believe that the consent 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 restricted interests and owners of such interests who are minors and legal incompetents having no parents or legal guardian; and ‘‘(II) missing owners or owners of trust or restricted interests whose whereabouts are unknown, but only after a search for such owners has been completed in accordance with the provi sions of this subsection. ‘‘(E) APPRAISAL.—After the Secretary has determined that the subject parcel is a parcel of highly fractionated Indian land pursuant to subparagraph (C), the Secretary shall cause to be made, in accordance with the provisions of this Act for establishing fair market value, an appraisal of the fair market value of the subject parcel. ‘‘(F) NOTICE TO OWNERS ON COMPLETION OF APPRAISAL.—Upon completion of the appraisal, the Sec retary shall give notice of the requested partition and appraisal to all owners of undivided 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 action stating the following: ‘‘(I) That a proceeding to partition the parcel of land by sale has been commenced. ‘‘(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 comment on or object in writing to the proposed partition or the appraisal, in order to receive notice of approval of the appraisal and right to appeal.

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