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(a) Trust land may not be devised to a person who is not a member of a federally recognized Indian tribe or eligible to be such a member.

(b) The Tribe shall acquire the land by paying fair market value for the land to the Secretary of the Interior before the close of the probate proceedings and the Secretary shall transfer the payment to the person or persons who would have received an interest in the land if the interest had not been acquired by the Tribe.

(c) Fair market value shall be determined by bona fide appraisal.

(d) This section shall not apply in the event the non-Indian devisee renounces the trust land interest in favor of an Indian.

(e) A person who would have received the interest in the land may retain a life estate in the land without regard to waste. [Ord. 50A § 9211, amended, 6/22/2017.]