Page 255 TITLE 25—INDIANS § 640d–14

1See References in Text note below.

contracts with the Commissioner to relocate;

and

(4) the sum of $2,000 to each head of a household who is not eligible for the payments provided for in clause (1), (2), or (3) of this subsection but who, prior to the expiration of four

years after the effective date of the relocation

plan, contracts with the Commissioner to relocate.

(c) Payments to or for any person moving into

partitioned area after May 29, 1974

No payment shall be made pursuant to this

section to or for any person who, after May 29,

1974, moved into an area partitioned pursuant to

section 640d–7 of this title or section 640d–2 or

640d–3 of this title to a tribe of which he is not

a member.

(Pub. L. 93–531, §14, Dec. 22, 1974, 88 Stat. 1718;

Pub. L. 100–666, §4(b), Nov. 16, 1988, 102 Stat.

3930.)

AMENDMENTS

1988—Subsecs. (a), (b). Pub. L. 100–666 substituted

‘‘Commissioner’’ for ‘‘Commission’’ wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 640d–22, 640d–24

of this title.

§ 640d–14. Relocation housing

(a) Purchase of habitation and improvements

from head of household; fair market value

The Commissioner shall purchase from the

head of each household whose household is required to relocate under the terms of this subchapter the habitation and other improvements

owned by him on the area from which he is required to move. The purchase price shall be the

fair market value of such habitation and improvements as determined under section

640d–12(b)(2) 1 of this title.

(b) Reimbursement for moving expenses; payment for replacement dwelling; limitations

In addition to the payments made pursuant to

subsection (a) of this section, the Commissioner

shall:

(1) reimburse each head of a household

whose household is required to relocate pursuant to this subchapter for the actual reasonable moving expenses of the household as if

the household members were displaced persons

under section 202 of the Uniform Relocation

Assistance and Real Property Acquisition

Policies Act of 1970 (84 Stat. 1894) [42 U.S.C.

4622];

(2) pay to each head of a household whose

household is required to relocate pursuant to

this subchapter an amount which, when added

to the fair market value of the habitation and

improvements purchased under subsection (a)

of this section, equals the reasonable cost of a

decent, safe, and sanitary replacement dwelling adequate to accommodate such household:

Provided, That the additional payment authorized by this paragraph (2) shall not exceed

$17,000 for a household of three or less and not

more than $25,000 for a household of four or

more, except that the Commissioner may,

after consultation with the Secretary of Housing and Urban Development, annually increase

or decrease such limitations to reflect changes

in housing development and construction

costs, other than costs of land, during the preceding year: Provided further, That the additional payment authorized by this subsection

shall be made only to a head of a household required to relocate pursuant to this subchapter

who purchases and occupies such replacement

dwelling not later than the end of the twoyear period beginning on the date on which he

receives from the Commissioner final payment

for the habitation and improvements purchased under subsection (a) of this section, or

on the date on which such household moves

from such habitation, whichever is the later

date. The payments made pursuant to this

paragraph (2) shall be used only for the purpose of obtaining decent, safe, and sanitary replacement dwellings adequate to accommodate the households relocated pursuant to this

subchapter.

(c) Establishment of standards consistent with

other laws; payments to or for any person

moving into partitioned area after specified

time

In implementing subsection (b) of this section,

the Commissioner shall establish standards consistent with those established in the implementation of the Uniform Relocation Assistance and

Real Property Acquisition Policies Act of 1970

(84 Stat. 1894) [42 U.S.C. 4601 et seq.]. No payment shall be made pursuant to this section to

or for any person who, later than one year prior

to December 22, 1974, moved into an area partitioned pursuant to section 640d–7 of this title or

section 640d–2 or 640d–3 of this title to a tribe of

which he is not a member.

(d) Methods of payment

The Commissioner shall be responsible for the

provision of housing for each household eligible

for payments under this section in one of the

following manners:

(1) Should any head of household apply for

and become a participant or homebuyer in a

mutual help housing or other homeownership

opportunity project undertaken under the

United States Housing Act of 1937 (50 Stat. 888)

as amended [42 U.S.C. 1437 et seq.], or in any

other federally assisted housing program now

or hereafter established, the amounts payable

with respect to such household under paragraph (2) of subsection (b) of this section and

under subsection (a) of this section shall be

paid to the local housing agency or sponsor involved as a voluntary equity payment and

shall be credited against the outstanding indebtedness or purchase price of the household’s home in the project in a manner which

will accelerate to the maximum extent possible the achievement by that household of

debt free homeownership.

(2) Should any head of household wish to

purchase or have constructed a dwelling which

the Commissioner determines is decent, safe,

sanitary, and adequate to accommodate the

household, the amounts payable with respect
§ 640d–15 TITLE 25—INDIANS Page 256

to such household under paragraph (2) of subsection (b) of this section and under subsection (a) of this section shall be paid to such

head of household in connection with such

purchase or construction in a manner which

the Commissioner determines will assure the

use of the funds for such purpose.

(3) Should any head of household not make

timely arrangements for relocation housing,

or should any head of household elect and

enter into an agreement to have the Commissioner construct or acquire a home for the

household, the Commissioner may use the

amounts payable with respect to such household under paragraph (2) of subsection (b) of

this section and under subsection (a) of this

section for the construction or acquisition (including enlargement or rehabilitation if necessary) of a home and related facilities for

such household: Provided, That, the Commissioner may combine the funds for any number

of such households into one or more accounts

from which the costs of such construction or

acquisition may be paid on a project basis and

the funds in such account or accounts shall remain available until expended: Provided further, That the title to each home constructed

or acquired by the Commissioner pursuant to

this paragraph shall be vested in the head of

the household for which it was constructed or

acquired upon occupancy by such household,

but this shall not preclude such home being located on land held in trust by the United

States.

(e) Disposal of acquired dwellings and improvements

The Commissioner is authorized to dispose of

dwellings and other improvements acquired or

constructed pursuant to this subchapter in such

manner, including resale of such dwellings and

improvements to members of the tribe exercising jurisdiction over the area at prices no higher

than the acquisition or construction costs, as

best effects section 640d–7 of this title and the

order of the District Court pursuant to section

640d–2 or 640d–3 of this title.

(f) Preferential treatment for heads of households of Navajo Tribe evicted from Hopi Reservation by judicial decision; restriction

Notwithstanding any other provision of law to

the contrary, the Commissioner shall on a preferential basis provide relocation assistance and

relocation housing under subsections (b), (c),

and (d) of this section to the head of each household of members of the Navajo Tribe who were

evicted from the Hopi Indian Reservation as a

consequence of the decision in the case of United

States v. Kabinto (456 F.2d 1087 (1972)): Provided,

That such heads of households have not already

received equivalent assistance from Federal

agencies.

(g) Appeals of eligibility determinations

Notwithstanding any other provision of law,

appeals from any eligibility determination of

the Relocation Commission, irrespective of the

amount in controversy, shall be brought in the

United States District Court for the District of

Arizona.

(Pub. L. 93–531, §15, Dec. 22, 1974, 88 Stat. 1719;

Pub. L. 96–305, §7, July 8, 1980, 94 Stat. 932; Pub.

L. 100–666, §§4(b), 10, Nov. 16, 1988, 102 Stat. 3930,

3934.)

REFERENCES IN TEXT

Section 640d–12 of this title, referred to in subsec. (a),

was amended generally by Pub. L. 100–666, §4(d), Nov.

16, 1988, 102 Stat. 3931, and as so amended, section

640d–12(b)(2) does not relate to fair market value of

habitations and improvements. Provisions formerly

contained in section 640d–12(b)(2) are covered in section

640d–12(b)(3).

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), referred to in subsec. (c), is Pub. L. 91–646, Jan. 2, 1971, 84

Stat. 1894, as amended, which is classified generally to

chapter 61 (§4601 et seq.) of Title 42, The Public Health

and Welfare. For complete classification of this Act to

the Code, see Short Title note set out under section

4601 of Title 42 and Tables.

The United States Housing Act of 1937, referred to in

subsec. (d)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974,

88 Stat. 653, which is classified generally to chapter 8

(§1437 et seq.) of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under

section 1437 of Title 42 and Tables.

AMENDMENTS

1988—Subsecs. (a) to (f). Pub. L. 100–666, §4(b), substituted ‘‘Commissioner’’ for ‘‘Commission’’ wherever

appearing.

Subsec. (g). Pub. L. 100–666, §10, added subsec. (g).

1980—Subsec. (f). Pub. L. 96–305 added subsec. (f).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 640d–13, 640d–22,

640d–24, 640d–28 of this title.

§ 640d–15. Payment of fair rental value for use of

lands subsequent to date of partition

(a) Payment by Navajo Tribe

The Navajo Tribe shall pay to the Hopi Tribe

the fair rental value as determined by the Secretary for all use by Navajo individuals of any

lands partitioned to the Hopi Tribe pursuant to

sections 640d–7 and 640d–2 or 640d–3 of this title

subsequent to the date of the partition thereof.

(b) Payment by Hopi Tribe

The Hopi Tribe shall pay to the Navajo Tribe

the fair rental value as determined by the Secretary for all use by Hopi individuals of any

lands partitioned to the Navajo Tribe pursuant

to sections 640d–7 and 640d–2 or 640d–3 of this

title subsequent to the date of the partition

thereof.

(Pub. L. 93–531, §16, Dec. 22, 1974, 88 Stat. 1720.)

§ 640d–16. Title, possession, and enjoyment of

lands

(a) Covered lands; jurisdiction of respective

tribes over nonmembers

Nothing in this subchapter shall effect the

title, possession, and enjoyment of lands heretofore allotted to Hopi and Navajo individuals

for which patents have been issued. Such Hopi

individuals living on the Navajo Reservation

shall be subject to the jurisdiction of the Navajo

Tribe and such Navajo individuals living on the

Hopi Reservation shall be subject to the jurisdiction of the Hopi Tribe.

(b) Relocation of Federal employees

Nothing in this subchapter shall require the

relocation from any area partitioned pursuant