Page 239 TITLE 25—INDIANS § 640

lic, religious, educational, recreational, or business purposes, including the development or utilization of natural resources in connection with

operations under such leases. All leases so

granted shall be for a term of not to exceed

twenty-five years, but may include provisions

authorizing their renewal for an additional term

of not to exceed twenty-five years, and shall be

made under such regulations as may be prescribed by the Secretary. Restricted allotments

of deceased Indians may be leased under this

section, for the benefit of their heirs or devisees,

in the circumstances and by the persons prescribed in section 380 of this title. Nothing contained in this section shall be construed to repeal or affect any authority to lease restricted

Indian lands conferred by or pursuant to any

other provision of law.

(b) Lease, sale, or other disposition of lands

owned in fee simple by Navajo Tribe

Notwithstanding any other provision of law,

land owned in fee simple by the Navajo Tribe

may be leased, sold, or otherwise disposed of by

the sole authority of the Navajo Tribal Council,

in any manner that similar land in the State in

which such land is situated may be leased, sold,

or otherwise disposed of by private landowners,

and such disposition shall create no liability on

the part of the United States.

(c) Transfer of unallotted lands to tribally owned

or municipal corporations

The Secretary of the Interior is authorized to

transfer, upon request of the Navajo Tribal

Council, to any corporation owned by the tribe

and organized pursuant to State law, or to any

municipal corporation organized under State

law, legal title to or a leasehold interest in any

unallotted lands held for the Navajo Indian

Tribe, and thereafter the United States shall

have no responsibility or liability for, but on request of the tribe shall render advice and assistance in, the management, use, or disposition of

such lands.

(Apr. 19, 1950, ch. 92, §5, 64 Stat. 46; Pub. L.

86–505, §1, June 11, 1960, 74 Stat. 199.)

AMENDMENTS

1960—Pub. L. 86–505 designated existing provisions as

subsec. (a) and added subsecs. (b) and (c).

§ 636. Adoption of constitution by Navajo Tribe;

method; contents

In order to facilitate the fullest possible participation by the Navajo Tribe in the program

authorized by this subchapter, the members of

the tribe shall have the right to adopt a tribal

constitution in the manner herein prescribed.

Such constitution may provide for the exercise

by the Navajo Tribe of any powers vested in the

tribe or any organ thereof by existing law, together with such additional powers as the members of the tribe may, with the approval of the

Secretary of the Interior, deem proper to include therein. Such constitution shall be formulated by the Navajo Tribal Council at any regular meeting, distributed in printed form to the

Navajo people for consideration, and adopted by

secret ballot of the adult members of the Navajo

Tribe in an election held under such regulations

as the Secretary may prescribe, at which a majority of the qualified votes cast favor such

adoption. The constitution shall authorize the

fullest possible participation of the Navajos in

the administration of their affairs as approved

by the Secretary of the Interior and shall become effective when approved by the Secretary.

The constitution may be amended from time to

time in the same manner as herein provided for

its adoption, and the Secretary of the Interior

shall approve any amendment which in the opinion of the Secretary of the Interior advances the

development of the Navajo people toward the

fullest realization and exercise of the rights,

privileges, duties, and responsibilities of American citizenship.

(Apr. 19, 1950. ch. 92, §6, 64 Stat. 46.)

§ 637. Use of Navajo tribal funds

Notwithstanding any other provision of existing law, the tribal funds now on deposit or hereafter placed to the credit of the Navajo Tribe of

Indians in the United States Treasury shall be

available for such purposes as may be designated

by the Navajo Tribal Council and approved by

the Secretary of the Interior.

(Apr. 19, 1950, ch. 92, §7, 64 Stat. 46.)

§ 638. Participation by Tribal Councils; recommendations

The Tribal Councils of the Navajo and Hopi

Tribes and the Indian communities affected

shall be kept informed and afforded opportunity

to consider from their inception plans pertaining to the program authorized by this subchapter. In the administration of the program,

the Secretary of the Interior shall consider the

recommendations of the tribal councils and

shall follow such recommendations whenever he

deems them feasible and consistent with the objectives of this subchapter.

(Apr. 19, 1950, ch. 92, §8, 64 Stat. 46.)

§ 639. Repealed. Pub. L. 104–193, title I, § 110(u),

Aug. 22, 1996, 110 Stat. 2175

Section, acts Apr. 19, 1950, ch. 92, §9, 64 Stat. 47; Oct.

30, 1972, Pub. L. 92–603, title III, §303(c), 86 Stat. 1484;

Dec. 31, 1973, Pub. L. 93–233, §19(a), 87 Stat. 974, related

to additional Social Security contributions to States

for State expenditures for aid to dependent children to

Navajo and Hopi Indians.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules

relating to claims, actions, and proceedings commenced before such date, rules relating to closing out

of accounts for terminated or substantially modified

programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see

section 116 of Pub. L. 104–193, as amended, set out as an

Effective Date note under section 601 of Title 42, The

Public Health and Welfare.

§ 640. Repealed. Pub. L. 93–531, § 26, Dec. 22, 1974,

88 Stat. 1723

Section, act Apr. 19, 1950, ch. 92, §10, 64 Stat. 47, established Joint Committee on Navajo-Hopi Indian Administration, with function of making a continuous