Page 261 TITLE 25—INDIANS § 640d–29

applicant shall be given priority over another

applicant of equal age.

(C) Applicants who did not, as of December

22, 1974, and continuously thereafter, maintain

a separate place of abode and actually remain

domiciled on Hopi partitioned lands, and who,

but for this subsection would be required to relocate, shall be rejected by the Commissioner.

(D) Applicants who were not at least fortynine years of age on December 22, 1974, or are

not at least 50 per centum disabled, shall also

be rejected by the Commissioner.

(d) Number of leases; priorities

The Commissioner shall have authority to

award life estate leases to not more than one

hundred and twenty applicants with first priority being given to applicants listed pursuant to

subsection (c)(A) of this section and the next

priority being given to the applicants listed pursuant to subsection (c)(B) of this section, in

order of such listing.

(e) Area; allowable livestock; assistance by Secretary in feeding livestock

Each life estate lease shall consist of a fenced

area not exceeding ninety acres of land which

shall include the life tenant’s present residence

and may be used by the life tenant to feed not

to exceed twenty-five sheep units per year or

equivalent livestock. The Secretary, under existing authority, shall make available to life estate tenants such assistance during that tenure,

as may be necessary to enable such tenant to

feed such livestock at an adequate nutritional

level.

(f) Individuals permitted to reside; regulations

No person may reside on a life estate other

than the life tenant, his or her spouse, and

minor dependents, and/or such persons who are

necessarily present to provide for the care of the

life tenant. The Commissioner shall promulgate

regulations to carry out the intent of this subsection.

(g) Termination

The life estate tenure shall end by voluntary

relinquishment, or at the death of the life tenant or the death of his or her spouse, whichever

occurs last: Provided, That each survivorship

right shall apply only to those persons who were

lawfully married to each other on or before July

8, 1980.

(h) Relocation benefits upon voluntary relinquishment; compensation upon death of life

tenant or surviving spouse; relocation of dependents

Nothing in this section shall be construed as

prohibiting any such applicant who receives a

life estate lease under this section from relinquishing, prior to its termination, such estate at

any time and voluntarily relocating. Upon voluntary relinquishment of such estate, by such

means or instrument as the Secretary shall prescribe, such applicant shall be entitled to relocation benefits from the Secretary comparable to

those provided by section 640d–14 of this title.

For life estates terminated by the death of the

life tenant or his or her surviving spouse, compensation shall be paid to the estate of the deceased life tenant or surviving spouse based on

the fair market value of the habitation and improvements at the time of the expiration of such

tenure and not before. Such payment shall be in

lieu of any other payment pursuant to subsection (a) of section 640d–14 of this title. Assistance provided pursuant to section 640d–14(b) of

this title, shall be paid to any head of household

lawfully residing on such life estate pursuant to

subsection (f) of this section who is required to

move by the termination of such life estate by

the death of the life tenant and his or her surviving spouse and who does not maintain a residence elsewhere. Compensation under section

640d–14(a) of this title shall be paid and distributed in accordance with the last will and testament of the life tenant or surviving spouse or, in

the event no valid last will and testament is

left, compensation shall be paid and distributed

to his or her heirs in accordance with existing

Federal law. Upon termination of a life estate

by whatever means, the dependents residing

with the individuals having such life estate so

terminated shall have ninety days following

such termination within which to relocate.

(i) Payment of fair market rental value

The Secretary shall pay, on an annual basis,

the fair market rental value of such life estate

leases to the tribe to whom the lands leased

were partitioned.

(j) Improvements

Nothing in this subchapter or any other law

shall be construed to prevent a life tenant from

making reasonable improvements on the life estate which are related to the residence and agricultural purposes of the life tenancy.

(k) Additional leases for Hopi heads of household

The Commissioner is authorized to grant not

to exceed ten additional life estate leases to

Hopi heads of household residing on Navajo-partitioned lands under such terms of this section

as may be appropriate.

(Pub. L. 93–531, §30, as added Pub. L. 96–305, §11,

July 8, 1980, 94 Stat. 934; amended Pub. L.

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

CODIFICATION

Subsec. (a) provided for the repeal of section

640d–4(a)(4) of this title.

AMENDMENTS

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

appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 640d–9, 640d–24

of this title.

§ 640d–29. Restrictions on lobbying; exception

(a) Except as provided in subsection (b) of this

section, no person or entity who has entered

into a contract with the Commissioner to provide services under this subchapter may engage

in activities designed to influence Federal legislation on any issue relating to the relocation required under this subchapter.

(b) Subsection (a) of this section shall not

apply to the Navajo Tribe or the Hopi Tribe, except that such tribes shall not spend any funds
§ 640d–30 TITLE 25—INDIANS Page 262

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

2So in original. Probably should be ‘‘provisions’’. 3So in original. Probably should be ‘‘not to’’.

received from the Office in any activities designed to influence Federal legislation.

(Pub. L. 93–531, §31, as added Pub. L. 100–666, §5,

Nov. 16, 1988, 102 Stat. 3931.)

§ 640d–30. Navajo Rehabilitation Trust Fund

(a) Establishment

There is hereby established in the Treasury of

the United States a trust fund to be known as

the ‘‘Navajo Rehabilitation Trust Fund’’, which

shall consist of the funds transferred under subsection (b) of this section and of the funds appropriated pursuant to subsection (f) of this section and any interest or investment income accrued on such funds.

(b) Deposit of income into Fund

All of the net income derived by the Navajo

Tribe from the surface and mineral estates of

lands located in New Mexico that are acquired

for the benefit of the Navajo Tribe under section

640d–10 of this title shall be deposited into the

Navajo Rehabilitation Trust Fund.

(c) Secretary as trustee; investment of funds

The Secretary shall be the trustee of the Navajo Rehabilitation Trust Fund and shall be responsible for investment of the funds in such

Trust Fund.

(d) Availability of funds; purposes

Funds in the Navajo Rehabilitation Trust

Fund, including any interest or investment accruing thereon, shall be available to the Navajo

Tribe, with the approval of the Secretary, solely

for purposes which will contribute to the continuing rehabilitation and improvement of the

economic, educational, and social condition of

families, and Navajo communities, that have

been affected by—

(1) the decison1 in the Healing case, or related proceedings,

(2) the provision2 of this subchapter, or

(3) the establishment by the Secretary of the

Interior of grazing district number 6 as land

for the exclusive use of the Hopi Tribe.

(e) Conceptual framework for expenditure of

funds

By December 1, 1989, the Secretary of the Interior, with the advice of the Navajo Tribe and the

Office of Navajo and Hopi Indian Relocation,

shall submit to the Congress a conceptual

framework for the expenditure of the funds authorized for the Navajo Rehabilitation Trust

Fund. Such framework is to be consistent with

the purposes described in subsection (d) of this

section.

(f) Termination of Trust Fund

The Navajo Rehabilitation Trust Fund shall

terminate when, upon petition by the Navajo

Tribe, the Secretary determines that the goals

of the Trust Fund have been met and the United

States has been reimbursed for funds appropriated under subsection (f) of this section. All

funds in the Trust Fund on such date shall be

transferred to the general trust funds of the

Navajo Tribe.

(g) Authorization of appropriations; reimbursement of General Fund

There is hereby authorized to be appropriated

for the Navajo Rehabilitation Trust Fund not 3

exceed $10,000,000 in each of fiscal years 1990,

1991, 1992, 1993, 1994 and 1995. The income from

the land referred to in subsection (b) of this section shall be used to reimburse the General

Fund of the United States Treasury for amounts

appropriated to the Fund.

(Pub. L. 93–531, §32, as added Pub. L. 100–666, §7,

Nov. 16, 1988, 102 Stat. 3932; amended Pub. L.

101–121, title I, §120, Oct. 23, 1989, 103 Stat. 722.)

CODIFICATION

Another section 32 of Pub. L. 93–531 was enacted by

Pub. L. 100–696, title IV, §407, Nov. 18, 1988, 102 Stat.

4593, and is classified to section 640d–31 of this title.

AMENDMENTS

1989—Subsecs. (e) to (g). Pub. L. 101–121 added subsec.

(e) and redesignated former subsecs. (e) and (f) as (f)

and (g), respectively.

§ 640d–31. Residence of families eligible for relocation assistance

Nothing in this subchapter prohibits the Commissioner from providing relocation assistance

to families certified as eligible, regardless of

their current place of residence, with funds appropriated to implement this subchapter.

(Pub. L. 93–531, §32, as added Pub. L. 100–696,

title IV, §407, Nov. 18, 1988, 102 Stat. 4593.)

CODIFICATION

Another section 32 of Pub. L. 93–531 was enacted by

Pub. L. 100–666, §7, Nov. 16, 1988, 102 Stat. 3932, and is

classified to section 640d–30 of this title.

SUBCHAPTER XXIII—HOPI TRIBE:

INDUSTRIAL PARK

§ 641. Congressional findings and declaration of

purpose

For the purpose of assisting in the economic

advancement and contributing to the general

welfare of the Hopi Indian Tribe of Arizona, the

Congress hereby finds it to be fitting and appropriate to provide the Hopi Tribal Council with

certain powers of self-determination that are

necessary to enable the Hopi people to carry out

the effective development and operation of the

Hopi Industrial Park, which is located in the

counties of Navajo and Coconino in the State of

Arizona.

(Pub. L. 91–264, §1, May 22, 1970, 84 Stat. 260.)

§ 642. Powers of Tribal Council

The Hopi Tribal Council shall have the following powers:

(a) Sale of lands

To sell any part of the lands within the Hopi

Industrial Park.

(b) Mortgages or deeds of trust; law governing

mortgage foreclosure or sale; United States

as party; removal of cases; appeals

To execute mortgages upon, or deeds of trust

to, the lands within said Hopi Industrial Park.