member of the family
(2) Limitation (A) Inapplicability to certain interests (i) In general Paragraph (1) shall not apply to an interest in trust or restricted land if— (I) while the decedent’s estate is pending before the Secretary, the non-Indian devisee renounces the interest in favor of an Indian person; or (II) (aa) the interest is part of a family farm that is devised to a member of the family of the decedent; and (bb) the devisee agrees in writing that the Indian tribe with jurisdiction over the land will have the opportunity to acquire the interest for fair market value if the interest is offered for sale to a person or entity that is not a member of the family of the owner of the land. (ii) Recording of interest On request by the Indian tribe described in clause (i)(II)(bb), a restriction relating to the acquisition by the Indian tribe of an interest in a family farm involved shall be recorded as part of the deed relating to the interest involved. (iii) Mortgage and foreclosure Nothing in clause (i)(II) limits— (I) the ability of an owner of land to which that clause applies to mortgage the land; or (II) the right of the entity holding such a mortgage to foreclose or otherwise enforce such a mortgage agreement in accordance with applicable law. (iv) Definition of “member of the family” In this paragraph, the term “member of the family”, with respect to a decedent or landowner, means— (I) a lineal descendant of a decedent or landowner; (II) a lineal descendant of the grandparent of a decedent or landowner; (III) the spouse of a descendant or landowner described in subclause (I) or (II); and (IV) the spouse of a decedent or landowner. (B) Reservation of life estate A non-Indian devisee described in paragraph (1), may retain a life estate in the interest involved, including a life estate to the revenue produced from the interest. The amount of any payment required under paragraph (1) shall be reduced to reflect the value of any life estate reserved by a non-Indian devisee under this subparagraph.