§ 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