Page:United States Statutes at Large Volume 118.djvu/1829

 118 STAT. 1799 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(6) DISTRIBUTION OF PROCEEDS.—Proceeds from the sale of interests under this subsection shall be distributed to the heirs, devisees, or spouse whose interest was sold in accordance with the values of their respective interests. The proceeds attributable to an heir or devisee shall be held in an account as trust personalty if the interest sold would have otherwise passed to the heir or devisee in trust or restricted status.’’; (3) in section 206 (25 U.S.C. 2205)— (A) in subsection (a), by striking paragraph (3) and inserting the following: ‘‘(3) TRIBAL PROBATE CODES.—Except as provided in any applicable Federal law, the Secretary shall not approve a tribal probate code, or an amendment to such a code, that prohibits the devise of an interest in trust or restricted land to— ‘‘(A) an Indian lineal descendant of the original allottee; or ‘‘(B) an Indian who is not a member of the Indian tribe with jurisdiction over such an interest; unless the code provides for— ‘‘(i) the renouncing of interests to eligible devisees in accordance with the code; ‘‘(ii) the opportunity for a devisee who is the spouse or lineal descendant of a testator to reserve a life estate without regard to waste; and ‘‘(iii) payment of fair market value in the manner prescribed under subsection (c)(2).’’; and (B) in subsection (c)— (i) in paragraph (1)— (I) by striking the paragraph heading and inserting the following: ‘‘(1) AUTHORITY.— ‘‘(A) IN GENERAL.—’’; (II) in the first sentence of subparagraph (A) (as redesignated by clause (i)), by striking ‘‘section 207(a)(6)(A) of this title’’ and inserting ‘‘section 207(b)(2)(A)(ii) of this title’’; and (III) by striking the last sentence and inserting the following: ‘‘(B) TRANSFER.—The Secretary shall transfer pay ments received under subparagraph (A) to any person or persons who would have received an interest in land if the interest had not been acquired by the Indian tribe in accordance with this paragraph.’’; and (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) by striking the subparagraph heading and all that follows through ‘‘Paragraph (1) shall not apply’’ and inserting the following: ‘‘(A) INAPPLICABILITY TO CERTAIN INTERESTS.— ‘‘(i) IN GENERAL.—Paragraph (1) shall not apply’’; (bb) in clause (i) (as redesignated by item (aa)), by striking ‘‘if, while’’ and inserting the following: ‘‘if— ‘‘(I) while’’; (cc) by striking the period at the end and inserting ‘‘; or’’; and (dd) by adding at the end the following:

�