Page 249 TITLE 25—INDIANS § 640d–9

1So in original. No par. (2) has been enacted.

now members of the Navajo Tribe, who are located within the area described in the Act of

June 14, 1934 (48 Stat. 960), and who were located

within such area, or are direct descendants of

Paiute Indians who were located within such

area, on the date of such Act, land in quantities

as specified in section 331 of this title, and patents shall be issued to them for such lands having the legal effect and declaring that the

United States holds such land in trust for the

sole use and benefit of each allottee and, following his death, of his heirs according to the laws

of the State of Arizona.

(Pub. L. 93–531, §9, Dec. 22, 1974, 88 Stat. 1716.)

REFERENCES IN TEXT

Act of June 14, 1934, referred to in text, is act June

14, 1934, ch. 521, 48 Stat. 960, which was not classified to

the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 640d–9 of this

title.

§ 640d–9. Partitioned or other designated lands

(a) Lands to be held in trust for Navajo Tribe; exception

Subject to the provisions of sections 640d–8

and 640d–16(a) of this title, any lands partitioned

to the Navajo Tribe pursuant to sections 640d–2

and 640d–3 of this title and the lands described in

the Act of June 14, 1934 (48 Stat. 960), except the

lands as described in section 640d–7 of this title,

shall be held in trust by the United States exclusively for the Navajo Tribe and as a part of the

Navajo Reservation.

(b) Lands to be held in trust for Hopi Tribe

Subject to the provisions of sections 640d–8

and 640d–16(a) of this title, any lands partitioned

to the Hopi Tribe pursuant to sections 640d–2

and 640d–3 of this title and the lands as described

in section 640d–7 of this title shall be held in

trust by the United States exclusively for the

Hopi Tribe and as a part of the Hopi Reservation.

(c) Protection of rights and property of individuals subject to relocation

The Secretary shall take such action as may

be necessary in order to assure the protection,

until relocation, of the rights and property of

individuals subject to relocation pursuant to

this subchapter, or any judgment of partition

pursuant thereto, including any individual authorized to reside on land covered by a life estate conferred pursuant to section 640d–28 of this

title.

(d) Protection of benefits and services of individuals subject to relocation

With respect to any individual subject to relocation, the Secretary shall take such action as

may be necessary to assure that such individuals are not deprived of benefits or services by

reason of their status as an individual subject to

relocation.

(e) Tribal jurisdiction over partitioned lands

(1) 1 Lands partitioned pursuant to this subchapter, whether or not the partition order is

subject to appeal, shall be subject to the jurisdiction of the tribe to whom partitioned and the

laws of such tribe shall apply to such partitioned lands under the following schedule:

(A) Effective ninety days after July 8, 1980,

all conservation practices, including grazing

control and range restoration activities, shall

be coordinated and executed with the concurrence of the tribe to whom the particular

lands in question have been partitioned, and

all such grazing and range restoration matters

on the Navajo Reservation lands shall be administered by the Bureau of Indian Affairs

Navajo Area Office and on the Hopi Reservation lands by the Bureau of Indian Affairs

Phoenix Area Office, under applicable laws and

regulations.

(B) Notwithstanding any provision of law to

the contrary, each tribe shall have such jurisdiction and authority over any lands partitioned to it and all persons located thereon,

not in conflict with the laws and regulations

referred to in paragraph (A) above, to the

same extent as is applicable to those other

portions of its reservation. Such jurisdiction

and authority over partitioned lands shall become effective April 18, 1981.

The provisions of this subsection shall be subject to the responsibility of the Secretary to

protect the rights and property of life tenants

and persons awaiting relocation as provided in

subsections (c) and (d) of this section.

(f) Development of lands in litigation; exception

(1) Any development of lands in litigation pursuant to section 640d–7 of this title and further

defined as ‘‘that portion of the Navajo Reservation lying west of the Executive Order Reservation of 1882 and bounded on the north and south

by westerly extensions, to the reservation line,

of the northern and southern boundaries of said

Executive Order Reservation,’’ shall be carried

out only upon the written consent of each tribe

except for the limited areas around the village

of Moenkopi and around Tuba City. Each such

area has been heretofore designated by the Secretary. ‘‘Development’’ as used herein shall

mean any new construction or improvement to

the property and further includes public work

projects, power and water lines, public agency

improvements, and associated rights-of-way.

(2) Each Indian tribe which receives a written

request for the consent of the Indian tribe to a

particular improvement, construction, or other

development on the lands to which paragraph (1)

applies shall respond in writing to such request

by no later than the date that is 30 days after

the date on which the Indian tribe receives the

request. If the Indian tribe refuse to consent to

the improvement, construction, or other development, the response shall include the reasons

why consent is being refused.

(3)(A) Paragraph (1) shall not apply to any improvement, construction, or other development

if—

(i) such improvement, construction, or development does not involve new housing construction, and

(ii) after the Navajo Tribe or Hopi Tribe has

refused to consent to such improvement, construction, or development (or after the close of
§ 640d–10 TITLE 25—INDIANS Page 250

1So in original. Probably should be ‘‘States’’.

2So in original. Two pars. designated (2) have been enacted.

3So in original. Probably should be ‘‘paragraph (1)’’.

the 30-day period described in paragraph (2), if

the Indian tribe does not respond within such

period in writing to a written request for such

consent), the Secretary of the Interior determines that such improvement, construction,

or development is necessary for the health or

safety of the Navajo Tribe, the Hopi Tribe, or

any individual who is a member of either

tribe.

(B) If a written request for a determination described in subparagraph (A)(ii) is submitted to

the Secretary of the Interior after the Navajo

Tribe or Hopi Tribe has refused to consent to

any improvement, construction, or development

(or after the close of the 30-day period described

in paragraph (2), if the Indian tribe does not respond within such period in writing to a written

request for such consent), the Secretary shall,

by no later than the date that is 45 days after

the date on which such request is submitted to

the Secretary, determine whether such improvement, construction, or development is necessary

for the health or safety of the Navajo Tribe, the

Hopi Tribe, or any individual who is a member

of either Tribe.

(C) Any development that is undertaken pursuant to this section shall be without prejudice

to the rights of the parties in the civil action

pending before the United States District Court

for the District of Arizona commenced pursuant

to section 640d–7 of this title, as amended.

(Pub. L. 93–531, §10, Dec. 22, 1974, 88 Stat. 1716;

Pub. L. 96–305, §3, July 8, 1980, 94 Stat. 929; Pub.

L. 100–666, §6, Nov. 16, 1988, 102 Stat. 3932.)

REFERENCES IN TEXT

Act of June 14, 1934, referred to in subsec. (a), is act

June 14, 1934, ch. 521, 48 Stat. 960, which was not classified to the Code.

AMENDMENTS

1988—Subsec. (f). Pub. L. 100–666 designated existing

provisions as par. (1) and added pars. (2) and (3).

1980—Subsecs. (c) to (f). Pub. L. 96–305 added subsecs.

(c) to (f).

§ 640d–10. Resettlement lands for Navajo Tribe

(a) Transfer of lands under jurisdiction of Bureau of Land Management; State and private

land exchanges; valuation; acquired private

lands; lands to be held in trust

The Secretary is authorized and directed to—

(1) transfer not to exceed two hundred and

fifty thousand acres of lands under the jurisdiction of the Bureau of Land Management

within the State 1 of Arizona and New Mexico

to the Navajo Tribe: Provided, That, in order

to facilitate such transfer, the Secretary is authorized to exchange such lands for State or

private lands of equal value or, if they are not

equal, the values shall be equalized by the

payment of money to the grantor or to the

Secretary as the circumstances require so long

as payment does not exceed 25 per centum of

the total value of the lands transferred out of

Federal ownership. The Secretary shall try to

reduce the payment to as small an amount as

possible.

(2) 2 on behalf of the United States, accept

title to not to exceed one hundred and fifty

thousand acres of private lands acquired by

the Navajo Tribe. Title thereto shall be taken

in the name of the United States in trust for

the benefit of the Navajo Tribe as a part of the

Navajo Reservation.

Subject to the provisions of the following sentences of this subsection, all rights, title and interests of the United States in the lands described in paragraph (1), including such interests

the United States as lessor has in such lands

under the Mineral Leasing Act of 1920, as

amended [30 U.S.C. 181 et seq.], will, subject to

existing leasehold interests, be transferred without cost to the Navajo Tribe and title thereto

shall be taken by the United States in trust for

the benefit of the Navajo Tribe as a part of the

Navajo Reservation. So long as selected lands

coincide with pending noncompetitive coal lease

applications under the Mineral Leasing Act of

1920, as amended, the Secretary may not transfer any United States interests in such lands

until the noncompetitive coal lease applications

have been fully adjudicated. If such adjudication

results in issuance of Federal coal leases to the

applicants, such transfer shall be subject to such

leases. The leaseholders rights and interests in

such coal leases will in no way be diminished by

the transfer of the rights, title and interests of

the United States in such lands to the Navajo

Tribe. If any selected lands are subject to valid

claims located under the Mining Law of 1872 the

transfer of the selected lands may be made subject to those claims.

(2) 2 Those interests in lands acquired in the

State of New Mexico by the Navajo Tribe pursuant to subsection 2 3 of this section shall be

subject to the right of the State of New Mexico to receive the same value from any sales,

bonuses, rentals, royalties and interest

charges from the conveyance, sale, lease, development, and production of coal as would

have been received had the subsurface interest

in such lands remained with the United States

and been leased pursuant to the Mineral Lands

Leasing Act of 1920, as amended [30 U.S.C. 181

et seq.], or any successor Act; or otherwise developed. The State’s interest shall be accounted for in the same manner as it would

have been if a lease had issued pursuant to the

Mineral Lands Leasing Act of 1920, as amended.

(b) Proximity of lands to be transferred or acquired to Navajo Reservation; lands to be

used for exchanges

A border of any parcel of land so transferred or

acquired shall be within eighteen miles of the

present boundary of the Navajo Reservation:

Provided, That, except as limited by subsection

(g) of this section, Bureau of Land Management

lands anywhere within the States of Arizona and

New Mexico may be used for the purpose of exchanging for lands within eighteen miles of the

present boundary of the reservation.