Page:United States Statutes at Large Volume 118.djvu/1822

 118 STAT. 1792 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(vi) the date by which an administrative appeal must be taken, a citation to the provisions of the Sec retary’s regulations that will govern the owner’s appeal, and any other information required by such regulations to be given to parties affected by adverse decisions of the Secretary; ‘‘(vii) in cases where the Secretary determines that any person’s undivided trust or restricted interest in the parcel exceeds $1,500 pursuant to paragraph (2)(D)(iii), that the Secretary has authority to consent to the partition on behalf of undetermined heirs of trust or restricted interests in the parcel and owners of such interests whose whereabouts are unknown; and ‘‘(viii) any other information the Secretary deems to be appropriate. ‘‘(I) SALE TO ELIGIBLE PURCHASER.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii) and the consent requirements of paragraph (2)(D), the Secretary shall, after providing notice to owners under subparagraph (H), including the time and place of sale or for receiving sealed bids, at public auction or by sealed bid (whichever of such methods of sale the Sec retary determines to be more appropriate under the circumstances) sell the parcel of land by competitive bid for not less than the final appraised fair market value to the highest bidder from among the following eligible bidders: ‘‘(I) The Indian tribe, if any, with jurisdiction over the trust or restricted interests in the parcel being sold. ‘‘(II) Any person who is a member, or is eligible to be a member, of the Indian tribe described in subclause (I). ‘‘(III) Any person who is a member, or is eligible to be a member, of an Indian tribe but not of the tribe described in subclause (I), but only if such person already owns an undivided interest in the parcel at the time of sale. ‘‘(IV) Any lineal descendent of the original allottee of the parcel who is a member or is eligible to be a member of an Indian tribe or, with respect to a parcel located in the State of California that is not within an Indian tribe’s reservation or not otherwise subject to the jurisdiction of an Indian tribe, who is a member, or eligible to be a member, of an Indian tribe or owns a trust or restricted interest in the parcel. ‘‘(ii) RIGHT TO MATCH HIGHEST BID.—If the highest bidder is a person who is only eligible to bid under clause (i)(III), the Indian tribe that has jurisdiction over the parcel, if any, shall have the right to match the highest bid and acquire the parcel, but only if— ‘‘(I) prior to the date of the sale, the governing body of such tribe has adopted a tribal law or resolution reserving its right to match the bids of such nonmember bidders in partition sales

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