Page:United States Statutes at Large Volume 119.djvu/2970

 119 STAT. 2952

PUBLIC LAW 109–157—DEC. 30, 2005

SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.

Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212) is amended— (1) by striking the section heading and inserting the following: ‘‘SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.’’;

and (2) in subsection (a)(1), by striking ‘‘(25 U.S.C. 2206(p))’’. SEC. 6. ESTABLISHING FAIR MARKET VALUE.

Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214) is amended by striking the last sentence and inserting the following: ‘‘Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this Act.’’. SEC. 7. LAND OWNERSHIP INFORMATION.

Section 217(e) of the Indian Land Consolidation Act (25 U.S.C. 2216(e)) is amended by striking ‘‘be made available to’’ and inserting ‘‘be made available to—’’. SEC. 8. CONFORMING AMENDMENTS.

25 USC 2204. 25 USC 2201 note.

(a) PROBATE REFORM.—The American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108–374) is amended— (1) in section 4, by striking ‘‘(as amended by section 6(a)(2))’’; and (2) in section 9, by striking ‘‘section 205(d)(2)(I)(i)’’ and inserting ‘‘section 205(c)(2)(I)(i) of the Indian Land Consolidation Act (25 U.S.C. 2204(c)(2)(I)(i))’’. (b) TRANSFER AND EXCHANGE OF LAND.—Section 4 of the Act of June 18, 1934 (25 U.S.C. 464) is amended to read as follows: ‘‘SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF INDIAN TRIBES AND CORPORATIONS.

‘‘(a) APPROVAL.—Except as provided in this section, no sale, devise, gift, exchange, or other transfer of restricted Indian land or shares in the assets of an Indian tribe or corporation organized under this Act shall be made or approved. ‘‘(b) TRANSFER TO INDIAN TRIBE.— ‘‘(1) IN GENERAL.—Land or shares described in subsection (a) may be sold, devised, or otherwise transferred to the Indian tribe on the reservation of which the land is located, or in the corporation of which the shares are held or were derived (or a successor of such a corporation), with the approval of the Secretary of the Interior. ‘‘(2) DESCENT AND DEVISE.—Land and shares transferred under paragraph (1) shall descend or be devised to any member of the Indian tribe or corporation (or an heir of such a member) in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate code approved under that Act (including regulations). ‘‘(c) VOLUNTARY EXCHANGES.—The Secretary of the Interior may authorize a voluntary exchange of land or shares described in subsection (a) that the Secretary determines to be of equal value if the Secretary determines that the exchange is— ‘‘(1) expedient;

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