Page:United States Statutes at Large Volume 119.djvu/2967

 PUBLIC LAW 109–157—DEC. 30, 2005

119 STAT. 2949

Public Law 109–157 109th Congress An Act Dec. 30, 2005 [S. 1481]

To amend the Indian Land Consolidation Act to provide for probate reform.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Indian Land Probate Reform Technical Corrections Act of 2005’’.

Indian Land Probate Reform Technical Corrections Act of 2005. 25 USC 2201 note.

SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.

Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) PURCHASE OF LAND.— ‘‘(1) IN GENERAL.—Subject to subsection (b), any Indian tribe may purchase, at not less than fair market value and with the consent of the owners of the interests, part or all of the interests in— ‘‘(A) any tract of trust or restricted land within the boundaries of the reservation of the tribe; or ‘‘(B) land that is otherwise subject to the jurisdiction of the tribe. ‘‘(2) REQUIRED CONSENT.— ‘‘(A) IN GENERAL.—The Indian tribe may purchase all interests in a tract described in paragraph (1) with the consent of the owners of undivided interests equal to at least 50 percent of the undivided interest in the tract. ‘‘(B) INTEREST OWNED BY TRIBE.—Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of determining whether the consent requirement under subparagraph (A) has been met.’’; (2) by redesignating subsection (d) as subsection (c); and (3) in subsection (c) (as redesignated by paragraph (2))— (A) in paragraph (2)— (i) in subparagraph (G)(ii)(I), by striking ‘‘a higher valuation of the land’’ and inserting ‘‘a value of the land that is equal to or greater than that of the earlier appraisal’’; and (ii) in subparagraph (I)(iii)— (I) in subclause (III), by inserting ‘‘(if any)’’ after ‘‘this section’’; and (II) in subclause (IV)—

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