§ 640d–19 TITLE 25—INDIANS Page 258

(c) Completion of surveying, monumenting, and

fencing operations and livestock reduction

program

(1) Surveying, monumenting, and fencing as

required by subsection (b) of this section shall

be completed within twelve months after July 8,

1980, with respect to lands partitioned pursuant

to section 640d–3 of this title and within twelve

months after a final order of partition with respect to any lands partitioned pursuant to section 640d–7 of this title.

(2) The livestock reduction program required

under subsection (a) of this section shall be completed within eighteen months after July 8, 1980.

(Pub. L. 93–531, §19, Dec. 22, 1974, 88 Stat. 1721;

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

AMENDMENTS

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 640d–24 of this

title.

§ 640d–19. Perpetual use of Cliff Spring as shrine

for religious ceremonial purposes; boundary;

piping of water for use by residents

The members of the Hopi Tribe shall have perpetual use of Cliff Spring as shown on USGS 71

⁄2

minute Quad named Toh Ne Zhonnie Spring,

Arizona, Navajo County, dated 1968; and located

1,250 feet west and 200 feet south of the intersection of 36 degrees, 17 minutes, 30 seconds north

latitude and 110 degrees, 9 minutes west longitude, as a shrine for religious ceremonial purposes, together with the right to gather

branches of fir trees growing within a 2–mile radius of said spring for use in such religious ceremonies, and the further right of ingress, egress,

and regress between the Hopi Reservation and

said spring. The Hopi Tribe is hereby authorized

to fence said spring upon the boundary line as

follows:

Beginning at a point on the 36 degrees, 17

minutes, 30 seconds north latitude 500 feet

west of its intersection with 110 degrees, 9

minutes west longitude, the point of beginning;

thence north 46 degrees west, 500 feet to a

point on the rim top at elevation 6,900 feet;

thence southwesterly 1,200 feet (in a straight

line) following the 6,900 feet contour;

thence 46 degrees east, 600 feet;

thence north 38 degrees east, 1,300 feet to the

point of beginning, 23.8 acres more or less: Provided, That, if and when such spring is fenced,

the Hopi Tribe shall pipe the water therefrom

to the edge of the boundary as hereinabove described for the use of residents of the area.

The natural stand of fir trees within such

2–mile radius shall be conserved for such religious purposes.

(Pub. L. 93–531, §20, Dec. 22, 1974, 88 Stat. 1722.)

§ 640d–20. Use and right of access to religious

shrines on reservation of other tribe

Notwithstanding anything contained in this

subchapter to the contrary, the Secretary shall

make reasonable provision for the use of and

right of access to identified religious shrines for

the members of each tribe on the reservation of

the other tribe where such use and access are for

religious purposes.

(Pub. L. 93–531, §21, Dec. 22, 1974, 88 Stat. 1722.)

§ 640d–21. Payments not to be considered as income for eligibility under any other Federal

or federally assisted program or for assistance under Social Security Act or for revenue purposes

The availability of financial assistance or

funds paid pursuant to this subchapter may not

be considered as income or resources or otherwise utilized as the basis (1) for denying a household or member thereof participation in any federally assisted housing program or (2) for denying or reducing the financial assistance or other

benefits to which such household or member

would otherwise be entitled to under the Social

Security Act [42 U.S.C. 301 et seq.] or any other

Federal or federally assisted program. None of

the funds provided under this subchapter shall

be subject to Federal or State income taxes.

(Pub. L. 93–531, §22, Dec. 22, 1974, 88 Stat. 1722.)

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (§301 et seq.) of Title

42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

§ 640d–22. Authorization for exchange of reservation lands; availability of additional relocation benefits; restrictions

The Navajo and Hopi Tribes are hereby authorized to exchange lands which are part of

their respective reservations. In the event that

the tribes should negotiate and agree on an exchange of lands pursuant to authority granted

herein the Commissioner shall make available

125 per centum of the relocation benefits provided in sections 640d–13 and 640d–14 of this title

to members of either tribe living on land to be

exchanged to other than his or her own tribe, except that such benefits shall be available only if,

within one hundred and eighty days of the

agreement, a majority of the adult members of

the tribe who would be eligible to relocate from

exchanged lands sign a contract with the Commissioner to relocate within twelve months of

the agreement or such later time as determined

by the Commissioner and such additional benefits shall only be paid to those who actually relocate within such period.

(Pub. L. 93–531, §23, Dec. 22, 1974, 88 Stat. 1722;

Pub. L. 96–305, §9, July 8, 1980, 94 Stat. 933; Pub.

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

AMENDMENTS

1988—Pub. L. 100–666 substituted ‘‘Commissioner’’ for

‘‘Commission’’ wherever appearing.

1980—Pub. L. 96–305 inserted provision authorizing the

Commission, in the event that the tribes agree on an

exchange of lands, to make available 125 per centum of

the relocation benefits provided in sections 640d–13 and

640d–14 of this title to members of either tribe living on

lands to be exchanged to other than his or her own

tribe, provided that within 180 days of the agreement,