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(a) The following may purchase trust land during probate for fair market value:

(1) Eligible heirs, as defined in YTC 2.25.110(a)(3);

(2) Any person who owns an interest in the land; or

(3) The Tribe, or the Secretary of the Interior on behalf of the Tribe.

(b) Prior to any purchase, there shall be:

(1) A bona fide appraisal of the trust land to determine fair market value;

(2) Reasonable advance written notice by first class mail of the proposed purchase to the United States Office of Hearings and Appeals, the Tribal Chairman, and any eligible heir or purchaser, stating that the land is available for purchase.

(3) Written consent to the purchase from the surviving spouse and any heir who resides on the land;

(4) Written consent to the purchase from the surviving spouse and any eligible heir who does not reside on the land if the decedent’s ownership interest in the land is five percent or more, there is a valid will addressing disposition of that land, and either the Tribe is the purchaser from a non-Tribal member or the Secretary is the purchaser; and

(5) A written request by the purchaser prior to distribution of the interest in land stating the results of the appraisal and providing proof of any required notice and consent.

(c) If more than one party requests to purchase the same interest in land, the land shall be sold by public auction or sealed bid after reasonable notice to the Tribal Chairman and all eligible purchasers at no less than fair market value to the purchaser with the highest bid.

(d) Proceeds from the sale of interests under this section shall be distributed to the devisee, surviving spouse, or eligible heir whose interest was sold in accordance with the amount of their respective interests. The proceeds may be deposited or held in an account as trust personalty if the interest sold would otherwise pass to:

(1) The heir, by intestate succession; or

(2) The devisee in trust or restricted status. [Ord. 50A § 9210, amended, 6/22/2017.]