Page 257 TITLE 25—INDIANS § 640d–18

to this subchapter of the household of any Navajo or Hopi individual who is employed by the

Federal Government within such area or to prevent such employees or their households from

residing in such areas in the future: Provided,

That any such Federal employee who would, except for the provisions of this subsection, be relocated under the terms of this subchapter may

elect to be so relocated.

(Pub. L. 93–531, §17, Dec. 22, 1974, 88 Stat. 1720.)

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

§ 640d–17. Actions for accounting, fair value of

grazing, and claims for damages to land

(a) Authorization to commence and defend actions in District Court

Either tribe, acting through the chairman of

its tribal council, for and on behalf of the tribe,

including all villages, clans, and individual

members thereof, is hereby authorized to commence or defend in the District Court an action

or actions against the other tribe for the following purposes if such action or actions are not

settled pursuant to section 640d–2 or 640d–3 of

this title:

(1) for an accounting of all sums collected by

either tribe since the 17th day of September

1957 as trader license fees or commissions,

lease proceeds, or other similar charges for the

doing of business or the use of lands within the

joint use area, and judgment for one-half of all

sums so collected, and not paid to the other

tribe, together with interest at the rate of 6

per centum per annum compounded annually;

(2) for the determination and recovery of the

fair value of the grazing and agricultural use

by either tribe and its individual members

since the 28th day of September 1962 of the undivided one-half interest of the other tribe in

the lands within the joint use area, together

with interest at the rate of 6 per centum per

annum compounded annually, notwithstanding the fact that the tribes are tenants in common of such lands; and

(3) for the adjudication of any claims that

either tribe may have against the other for

damages to the lands to which title was quieted as aforesaid by the United States District

Court for the District of Arizona in such

tribes, share and share alike, subject to the

trust title of the United States, without interest, notwithstanding the fact that such tribes

are tenants in common of such lands: Provided,

That the United States may be joined as a

party to such an action and, in such case, the

provisions of sections 1346(a)(2) and 1505 of

title 28 shall not be applicable to such action.

(b) Defenses

Neither laches nor the statute of limitations

shall constitute a defense to any action authorized by this subchapter for existing claims if

commenced within two years from December 22,

1974, or one hundred and eighty days from the

date of issuance of an order of the District Court

pursuant to section 640d–2 or 640d–3 of this title,

whichever is later.

(c) Further original, ancillary or supplementary

actions to insure quiet enjoyment

Either tribe may institute such further original, ancillary, or supplementary actions against

the other tribe as may be necessary or desirable

to insure the quiet and peaceful enjoyment of

the reservation lands of the tribes by the tribes

and the members thereof, and to fully accomplish all objects and purposes of this subchapter.

Such actions may be commenced in the District

Court by either tribe against the other, acting

through the chairman of its tribal council, for

and on behalf of the tribe, including all villages,

clans, and individual members thereof.

(d) United States as party; judgments as claims

against the United States

Except as provided in clause (3) of subsection

(a) of this section, the United States shall not be

an indispensable party to any action or actions

commenced pursuant to this section. Any judgment or judgments by the District Court in such

action or actions shall not be regarded as a

claim or claims against the United States.

(e) Remedies

All applicable provisional and final remedies

and special proceedings provided for by the Federal Rules of Civil Procedure and all other remedies and processes available for the enforcement and collection of judgments in the district

courts of the United States may be used in the

enforcement and collection of judgments obtained pursuant to the provisions of this subchapter.

(Pub. L. 93–531, §18, Dec. 22, 1974, 88 Stat. 1721.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 640d–7, 640d–27

of this title.

§ 640d–18. Reduction of livestock within joint use

area

(a) Institution of conservation practices

Notwithstanding any provision of this subchapter, or any order of the District Court pursuant to section 640d–2 or 640d–3 of this title, the

Secretary is authorized and directed to immediately commence reduction of the numbers of

all the livestock now being grazed upon the

lands within the joint use area and complete

such reductions to carrying capacity of such

lands, as determined by the usual range capacity standards as established by the Secretary

after December 22, 1974. The Secretary is directed to institute such conservation practices

and methods within such area as are necessary

to restore the grazing potential of such area to

the maximum extent feasible.

(b) Survey location of monuments and fencing of

boundaries

The Secretary, upon the date of issuance of an

order of the District Court pursuant to sections

640d–7 and 640d–2 or 640d–3 of this title, shall provide for the survey location of monuments, and

fencing of boundaries of any lands partitioned

pursuant to sections 640d–7 and 640d–2 or 640d–3

of this title.