Page:United States Statutes at Large Volume 118.djvu/1838

 118 STAT. 1808 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(4) REPORT TO CONGRESS.—Prior to the expiration of the pilot project provided for under this subsection, the Secretary shall submit a report to Congress stating— ‘‘(A) a description of the Secretary’s consultation with Indian tribes, individual landowner associations, Indian advocacy organizations, and other parties consulted with regarding the development of rules and regulations for the creation and management of interests in trust and restricted lands under the pilot project; ‘‘(B) the feasibility of accurately monitoring the performance of legal entities such as those involved in the pilot project, and the effectiveness of such entities as mechanisms to manage and protect trust assets; ‘‘(C) the impact that the use of entities such as those in the pilot project may have with respect to the accom plishment of the goals of the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.); and ‘‘(D) any recommendations that the Secretary may have regarding whether to adopt a permanent program as a management and consolidation measure for interests in trust or restricted lands. ‘‘(n) NOTICE TO HEIRS.—Prior to holding a hearing to determine the heirs to trust or restricted property, or making a decision determining such heirs, the Secretary shall seek to provide actual written notice of the proceedings to all heirs. Such efforts shall include— ‘‘(1) a search of publicly available records and Federal records, including telephone and address directories and including electronic search services or directories; ‘‘(2) an inquiry with family members and co heirs of the property; ‘‘(3) an inquiry with the tribal government of which the owner is a member, and the tribal government with jurisdiction over the property, if any; and ‘‘(4) if the property is of a value greater than $2,000, engaging the services of an independent firm to conduct a missing persons search. ‘‘(o) MISSING HEIRS.— ‘‘(1) For purposes of this subsection and subsection (m), an heir may be presumed missing if— ‘‘(A) such heir’s whereabouts remain unknown 60 days after completion of notice efforts under subsection (m); and ‘‘(B) in the proceeding to determine a decedent’s heirs, the Secretary finds that the heir has had no contact with other heirs of the decedent, if any, or with the Department relating to trust or restricted land or other trust assets at any time during the 6 year period preceding the hearing to determine heirs. ‘‘(2) Before the date for declaring an heir missing, any person may request an extension of time to locate such heir. The Secretary shall grant a reasonable extension of time for good cause. ‘‘(3) An heir shall be declared missing only after a review of the efforts made in the heirship proceeding and a finding has been made that this subsection has been complied with.

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