Page:United States Statutes at Large Volume 118.djvu/1834

 118 STAT. 1804 PUBLIC LAW 108–374—OCT. 27, 2004 is part of a family farm that is conveyed to a member of the family of a landowner (as defined in section 206(c)(2)(A)(iv)) if the conveyance requires that in the event that the parcel or interest is offered for sale to an entity or person that is not a member of the family of the land owner, the Indian tribe with jurisdiction over the land shall be afforded the opportunity to purchase the interest pursuant to paragraph (1). ‘‘(B) APPLICABILITY OF OTHER PROVISION.—Section 206(c)(2)(A) shall apply with respect to the recording and mortgaging of any trust or restricted land referred to in subparagraph (A).’’; (10) in section 219(b)(1)(A) (25 U.S.C. 2218(b)(1)(A)), by striking ‘‘100’’ and inserting ‘‘90’’; and (11) in section 219, by adding at the end of the section: ‘‘(g) OTHER LAWS.—Nothing in this Act shall be construed to supersede, repeal, or modify any general or specific statute author izing the grant or approval of any type of land use transaction involving fractional interests in trust or restricted land.’’. (b) DEFINITIONS.—Section 202 of the Indian Land Consolidation Act (25 U.S.C. 2201) is amended— (1) by striking paragraph (2) and inserting the following: ‘‘(2) ‘Indian’ means— ‘‘(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of the date of enactment of the American Indian Probate Reform Act of 2004) of a trust or restricted interest in land; ‘‘(B) any person meeting the definition of Indian under the Indian Reorganization Act (25 U.S.C. 479) and the regulations promulgated thereunder; and ‘‘(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursu ant to section 207, any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.’’; (2) by striking paragraph (4) and inserting the following: ‘‘(4) ‘trust or restricted lands’ means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and ‘trust or restricted interest in land’ or ‘trust or restricted interest in a parcel of land’ means an interest in land, title to which is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation.’’; and (3) by adding at the end the following: ‘‘(6) ‘parcel of highly fractionated Indian land’ means a parcel of land that the Secretary, pursuant to authority under a provision of this Act, determines to have, as evidenced by the Secretary’s records at the time of the determination— ‘‘(A) 50 or more but less than 100 co owners of undi vided trust or restricted interests, and no 1 of such co owners holds a total undivided trust or restricted interest in the parcel that is greater than 10 percent of the entire undivided ownership of the parcel; or

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