Page:United States Statutes at Large Volume 122.djvu/5055

 12 2 STA T .503 2 PUBLIC LA W 110 –4 53 —DE C.2 , 200 8describ edi n c lau se ( i ) isa p ar t re q uests t h e S ec - retar y t o apply subpara g raph ( A )(ii) to de v ises o f trust or restricted land under the j urisdiction of the I ndian tribe , the interest m ay be devised in fee in accordance w ith subparagraph (A)(ii) .‘ ‘(II) EF F ECT . — Subclause (I) shall apply with respect to a devise of a trust or restricted interest in land by any decedent who dies on or after the date on which the applicable Indian tribe adopts the resolution, law, or other enactment described in subclause (I), regardless of the date on which the devise is made. ‘‘(III) NO T I CE OF R E QU E S T.—An Indian tribe shall provide to the Secretary a copy of any resolu- tion, law, or other enactment of the Indian tribe that requests the Secretary to apply subparagraph (A)(ii) to devises of trust or restricted land under the jurisdiction of the Indian tribe. ’ ’ ( 3 ) in subsection (h)( 1 )— (A) by stri k ing ‘‘A will’’ and inserting the following

‘‘(A) I NG ENER AL .—A will’’; and ( B ) by adding at the end the following: ‘‘(B) P ER M ANENT IM P RO V EMENTS.—E x cept as otherwise expressly provided in the will, a devise of a trust or restricted interest in a parcel of land shall be presumed to include the interest of the testator in any permanent improvements attached to the parcel of land. ‘‘( C ) APPLICATION AN D EFFECT.— T he provisions of this paragraph apply to a covered permanent improvement— ‘‘(i) even though that covered permanent improve- ment is not held in trust; and ‘‘(ii) without altering or otherwise affecting the non-trust status of such a covered permanent improve- ment.’’; ( 4 ) in subsection (i)(4)(C), by striking ‘‘interest land’’ and inserting ‘‘interest in land’’; ( 5 ) in subsection (j)( 2 )(A)(ii), by striking ‘‘interest land’’ and inserting ‘‘interest in land’’; ( 6 ) in subsection (k), in the matter preceding paragraph (1), by inserting ‘‘a’’ after ‘‘receiving’’; and ( 7 ) in subsection (o)— (A) in paragraph (3)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and indenting the clauses appro- priately; (ii) by striking ‘‘(3)’’ and all that follows through ‘‘No sale’’ and inserting the following: ‘‘(3) R EQUEST TO PURC H ASE; CONSENT REQUIREMENTS; MUL- TIPLE REQUESTS TO PURCHASE.— ‘‘(A) IN GENERAL.—No sale’’; (iii) by striking the last sentence and inserting the following: ‘‘(B) M ULTIPLE REQUESTS TO PURCHASE.—Except for interests purchased pursuant to paragraph (5), if the Sec- retary receives a request with respect to an interest from more than 1 eligible purchaser under paragraph (2), the Secretary shall sell the interest to the eligible purchaser

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