An Act to provide for final settlement of the conflicting rights and interests of the Hopi and Navajo Tribes to and in lands lying within the joint use area of the reservation established by the Executive order of December 16, 1882, and lands lying within the reservation created by the Act of June 14, 1934, and for other purposes.
PL 93-531 (H.R.10337), enacted 12/22/1974

Mediator. 
25 u s e 640d. 
1712 
PUBLIC LAW 93-531-DEC. 22, 1974 
[88 STAT. 
Public Law 93-531 
December22, 1974 
AN A C T 
[H.R. 10337] 
To provide for final settlement ot the conflicting riglits and interests of the Hopi 
and Navajo Tribes to and in lands lying within the joint nse area of the 
reservation established by the Executive order of December 16, 1882, and 
lands lying within the reservation created by the Act of June 14, 1934, and 
for other purposes. 
Be It enacted hy the Senate and House of Representatives 
of the 
Hopf^nd 
Vnited /States of America h Congress assembled^ That, (a) within 
Navajo Tribes. 
thirty days after enactment of this Act, the Director of the Federal 
Mediation and Conciliation Service shall appoint a Mediator (herein-
after referi'ecl to as the "Mediator") who shall assist in the ner^otiations 
for the settlement and partition of the relative rights and interests, 
as determined by the decision in the case of Healing v. Jones (210 F. 
Supp. 125, D. "Ariz., 1962, afl"d 363 XLS. 758, 1963) 
(hereinafter 
referred to as the "Healing case"), of the Hopi and Navajo Tribes 
(hereinafter referred to as the "tr-ibes") to and in lands within the 
reservation established by the Execntive order of December 16, 1882, 
except land management district no. 6 (snch lands her-einafter referred 
to as tlie "joint nse area"). Tlie Mediator shall not have any interest, 
dii'ect or indirect, in the settlement of the interests and rights set ont 
in this subsection. The dnties of the Mediator shall cease npon the 
entering of a fnll agreement into the records of the sni)plemental pro-
ceedings pnrsnant to section 3 or the submission of a report to the 
District Conrt aftei- a defanlt in negotiations or a partial agreement 
pursuant to section 4. 
(b) The proceedings in which the Mediator shall be acting under 
the provisions of this x\ct shall be the supplemental ]n-oceedings in 
the Healing case now pending in the United States District Court 
for the District of Arizona (hereinafter referred to as "the District 
Court"). 
(c) (1) The Mediator is authorized to request from any department, 
agency, or independent instrumentality of the Federal Government 
any information, personnel, service, or materials he deems necessary to 
carry out his responsibilities under the ])rovisions of this Act. Each 
such department, agency, or insti-umentality is authorized to cooperate 
with the Mediator and to comply with such requests to the extent per-
mitted by law, on a reimbursable or nonreimbursable basis. 
commiuee""^ 
(2) To facilitate the expeditious and orderly compilation and 
Establishment, 
dcvelopmcnt of factual information relevant to the negotiating process, 
the President shall, within fifteen days of enactment of this Act, 
establish an interagency committee chaired by the Secretary of the 
Interior (hereinafter referred to as the "Secr-etary") to develop rele-
vant information and to respond to the requests of the Mediator. 
(d) The Secretary shall appoint a full-time representative as his 
liaison with the Mediator to facilitate the provision of information 
and assistance requested by the Mediator from the Department of 
the Interior. 
(e) The Mediator may retain the services of such staff assistants 
and consviltants as he shall deem necessary, subject to the ap])roval of 
the Director of the Federal Mediation and Conciliation Service. 
Negotiating 
gj,^^ 2. (a) Within thirty days after enactment of this Act, the Sec-
2 5 "use 640d.i. retary shall communicate in writing with the tribal councils of the 
tribes directing the appointment of a negotiating team representing 
each tribe. Each negotiating team shall be composed of not more than 
five members to be certified by appropriate resolution of the respective 
tribal council. Each tribal council shall promptly fill any vacancies 
which may occur on its negotiating team. Notwithstanding any other 
team. 
Negotiating 
session. 
88 STAT. ] 
PUBLIC LAW 93-531-DEC. 22, 1974 
1713 
provision of law, each negotiating team, when appointed and certified, 
shall have full authority to bind its tribe wdth respect to any other 
matter concerning the joint use area within the scope of this Act. 
(b) In the event either or both of the tribal councils fail to select and 
certify a negotiating team within thirty days after the Secretary 
commimicates wnth the tribal council under subsection (a) of this 
section or to select and certify a replacement member within thirty 
days of the occurrence of a vacancy, the provisions of subsection (a) 
of section 4 shall become effective. 
(c) Within fifteen days after formal certification of both negotiating 
teams to the Mediator, the Mediator shall schedule the first negotiating 
session at such time and place as he deems appropriate. The negotiat-
ing sessions, w^hich shall be chaired by the Mediator, shall be held at 
such times and places as the Mediator deems appropriate. At such 
sessions, the Mediator may, if he deems it appropriate, put forward 
his own suggestions for procedure, the agenda, and the resolution of 
the issues in controversy. 
(d) In the event either negotiating team fails to attend two consecu-
tive sessions or, in the opinion of the Mediator, either negotiating team 
fails to bargain in good faith or an impasse is reached, the provisions 
of subsection (a) of section 4 shall become effective. 
(e) In the event of a disagreement within a negotiating team the 
majority of the members of the team shall prevail and act on behalf 
of the team unless the resolution of the tribal council certifying the 
team specifically provides otherwise. 
SEC. 3. (a) If, within one hundred and eighty days after the first 
L"VTQ^''^!J^I'^'* 
1
1
1
1
1 
1 
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1 
^ 
• 
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•^^ UbC D40a-2. 
session scheduled by the Mediator under subsection (c) oi section 2, 
full agreement is reached, such agreement shall be put in such form as 
the Mediator determines best expresses the intent of the tribes and shall 
then be submitted to the Secretary and the Attorney General of the 
United States for their comments as they relate to the interest of the 
United States in the proceedings. These comments are to be submitted 
to the Mediator and the negotiating teams within thirty days. The 
negotiating teams and the Mediator shall then consider the comments 
and, if agreement can still be reached on terms acceptable to the nego-
tiating teams and the Mediator within sixty days of receipt by him of 
the comments, the agreement shall be put in final written form and 
shall be signed by the members of the negotiating teams and the Media-
tor. The Mediator shall then cause the agreement to be entered into the 
records of the supplemental proceedings in the Healing case. The pro-
visions of the agreement shall be reviewed by the District Court, modi-
fied where necessary, and put into effect immediately thereafter. 
(b) If, within the one hundred and eighty day period referred to n,e^^!^*'^^ ^^^^^' 
in subsection (a) of this section, a partial agreement has been reached 
between the tribes and they wish such partial agreement to go inta 
effect, they shall follow the procedure set forth in said subsection (a). 
The partial agreement shall then be considered by the Mediator in 
preparing his report, and the District Court in making a final adjudica-
tion, pursuant to section 4. 
(c) For the purpose of tliis section, the negotiating teams may 
make any provision in the agreement or partial agreement not incon-
sistent with existing law. No such agreement or any provision in it shall 
result in a taking by the United States of private property compensable 
under the Fifth Amendment of the Constitution of the United States, j ^^^ P'"^'^- ""^ 
SEC. 4. (a) If the negotiating teams fail to reach full agreement *
2
5 use 640d-3. 
within the time period allowed in subsection (a) of section 3 or if one 
or both of the tribes are in default under the provisions of subsections 
(b) or (d) of section 2, the Mediator, within ninety days thereafter, 
shall prepare and submit to the District Court a report containing his 
^^P°^^ to ois-
•
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1 
tn 
trict C o u r t . 
1714 
PUBLIC LAW 93-531-DEC. 22, 1974 
[88 STAT. 
recommendations for the settlement of the interests and rights set 
out in subsection (a) of section 1 which shall be most reasonable and 
equitable in light of the law and circumstances and consistent with the 
rev/e'w'and^r°ec-*' 
provisious of thls Act. Followlug the District Court's review of the 
ommendations. 
Tcport aud recommendatious (which are not binding thereon) and 
any further proceedings which the District Court may schedule, the 
District Court is authorized to make a final adjudication, including 
partition of the joint use area, and enter the judgments in the supple-
mental proceedings in the Healing case. 
Hearing. 
(b) Auy procccdiugs as authorized in subsection (a) hereof shall 
be assigned for hearing at the earliest possible date, shall take prece-
dence over all other matters pending on the docket of the District 
Court at that time, and shall be expedited in every way by the Court. 
guid"ws"' 
SEC. 5. (a) For the purpose of facilitating an agreement pursuant 
25 use 640d-4. to scctiou o or preparing a report pursuant to section 4, the Mediator 
is authorized—-
(1) notwithstanding the provisions of section 2 of the Act of 
May 25, 1918 (40 Stat. 570), to recommend that, subject to the 
consent of the Secretary, there be purchased or otherwise acquired 
additional lands for the benefit of either tribe from the funds of 
either tribe or funds under any other authority of law; 
(2) to recommend that, subject to the consent of the Secretary, 
Restoration 
there bc undertaken a program of restoration of lands lying 
within the joint use area, employing for such purpose funds 
authorized by this Act, funds of either tribe, or funds under any 
other authority of law; 
(8) to recommend that, subject to the consent of the Secretary, 
there be undertaken a program for relocation of members of one 
tribe from lands which may be partitioned to the other tribe in 
the joint use area; 
(4) to recommend, in exceptional cases where necessary to 
prcNent personal hardship, a limited tenure for residential use, 
not exceeding a life estate, and a phased relocation of members 
of one tribe from lands which may be partitioned to the other 
tribe in the joint use area; and 
(5) to make any other recommendations as are in conformity 
with this Act and the Healing case to facilitate a settlement. 
(b) The authorizations contained in subsection (a) of this section 
shall be discretionary and shall not be construed to represent any 
directive of the Congress. 
Repo^t^- ^^^^ ^ 
SEC. 6. The Mediator in i^reparing his report, and the District 
o
= T,o^ ^^^j c 
QQ^J.^ jj^ making the final adjudication, pursuant to section 4, shall 
consider and be guided by the decision of the Healing case, under 
which the tribes have joint, undivided, and equal interests in and 
to all of the joint use area; by any partial agreement reached by the 
parties under subsection (b) of section 3; by the last best offer for a 
complete settlement as a part of the negotiating process by each of 
the tribes; and by the following: 
(a) The rights and interests, as defined in the Healing case, of the 
Hopi Tribe in and to that portion of the reservation established by 
the Executive order of December 16, 1882, which is known as land 
management district no. 6 (hereinafter referred to as the "Hopi 
Reservation") shall not be reduced or limited in any manner. 
(b) The boundary lines resulting from any partitioning of lands 
in the joint use area shall be established so as to include the higher 
density population areas of each tribe within the portion of the lands 
partitioned to such tribe to minimize and avoid undue social, economic, 
and cultural disruption insofar as practicable. 
25 use 640d-5. 
88 STAT. ] 
PUBUC LAW 93-531-DEC. 22, 1974 
1715 
(c) In any division of the surface rights to tlie joint use area, rea-
sonable provision shall be made for the use of and right of access to 
identified religious shrines for the members of each tribe on the reser-
vation of the other tribe where such use and access are for religious 
purposes. 
(d) In any partition of the surface rights to the joint use area, the 
lands shall, insofar as is practicable, be equal in acreage and quality: 
Provided, That if such partition results in a lesser amount of acreage, 
or value, or both to one tribe such differential shall be fully and finally 
compensable to such tribe by the other tribe. The value of the land for 
the purposes of this subsection sliall be based on not less than its value 
with improvements and its grazing capacity fully restored: Provided 
further, 
That, in the determination of compensation for any such 
differential, the Federal Government shall pay any difference between 
the value of the particular land involved in its existing state and the 
value of such land in a fully restored state which results from damage 
to the land which tlie District (^ourt finds attributable to a failure of 
the Federal Government to provide protection where such pi-otection 
is or was required by law or by the demands of the trust relationship. 
(e) Any lands partitioned to each tribe in the joint use area shall, 
vvliere feasible and consistent with the other provisions of this section, 
be contiguous to the reservation of each such tribe. 
(f) Any boundary line between lands partitioned to the two tribes 
in the joint use area shall, insofar as is practicable, follow terrain which 
will facilitate fencing or avoid the need for fencing. 
(g) Any claim the Hopi Tribe may have against the Navajo Tribe 
for an accounting of all sums collected by the Navajo Tribe since 
September 17, 1957, as trader license fees or commissions, lease rental 
or proceeds, or other similar charges for doing business or for damages 
in the use of lands within the joint use area, shall be for a one-half 
share in such sums. 
(h) Any claim the Hopi Tribe may have against the Navajo Tribe 
for the determination and recovery of the fair value of the grazing and 
agricultural use of the lands within the joint use area by the Navajo 
Tribe and its individual members, since September 28, 1962, shall be 
for one-half of such value. 
SEC. 7. Partition of the surface of the lands of the joint use area 
Joint ownership 
shall not affect the joint ownership status of the coal, oil, gas, and all °^2's'us'c^640d-6 
other minerals within or underlying such lands. All such coal, oil, gas, 
and other minerals within or underlying such lands shall be managed 
jointly by the two tribes, subject to supervision and approval by the 
Secretary as otherwise required by law, and the proceeds therefrom 
shall be divided between the tribes, share and share alike. 
SEC. 8. (a) Either tribe, acting through the chairman of its tribal 
25 use 640d.7, 
council for and on behalf of the tribe, is each hereby authorized to 
commence or defend in the District Court an action against the other 
tribe and any other tribe of Indians claiming any interest in or to the 
area described in the Act of June 14,1934, except the reservation estab-
lished by the Executive Order of December 16, 1882, for the purpose 
of determining the rights and interests of the tribes in and to such 
lands and quieting title thereto in the tribes. 
(b) Lands, if any, in which the Navajo Tribe or Navajo individuals 
are determined by the District Court to have the exclusive interest 
shall continue to be a part of the Navajo Reservation. Lands, if any, 
in which the Hopi Tribe, including any Hopi village or clan thereof, 
or Hopi individuals are determined by the District Court to have the 
exclusive interest shall thereafter be a reservation for the Hopi 
Tribe. Any lands in which the Navajo and Hopi Tribes or Navajo or 
Hopi individuals are determined to have a joint oi' undivided interest 
1716 
PUBLIC LAW 93-531-DEC. 22, 1974 
[88 STAT. 
Paiute Indians, 
allotment. 
25 u s e 640d-8. 
25 u s e 640d-9. 
25 u s e 640d-10. 
Navajo and 
Hopi Indian 
Relocation Com-
mission. 
Establishment. 
25 u s e 640d-ll, 
shall be partitioned by the District Court on the basis of fairness and 
equity and the area so partitioned shall be retained in the Navajo 
Reservation or added to the Hopi Reservation, respectively. 
(c) The Navajo and Hopi Tribes are hereby authorized to exchange 
lands which are part of their respective reservations. 
(d) Nothing in this section shall be deemed to be a Congressional 
determination of the merits of the conflicting claims to the lands that 
are subject to adjudication pursuant to this section, or to affect the 
liability of the United States, if any, under litigation now pending 
before the Indian Claims Commission. 
(e) The Secretary of the Interior is authorized to pay any or all 
appropriate legal fees, court costs, and other related expenses arising 
out of, or in connection with, the commencing of, or defending against, 
any action brought by the Navajo or Hopi Tribe under this section. 
SEC. 9. Notwithstanding any other provision of this Act, the Sec-
retary is authorized to allot in severalty to individual Paiute Indians, 
not now members of the Navajo Tribe, who are located within the area 
described in the Act of June 14, 1934 (48 Stat. 960), and who were 
located within such area, or are direct descendants of Paiute Indians 
who were located within such area, on the date of such Act, land in 
quantities as specified in section 1 of the Act of February 8, 1887 (24 
Stat. 388), as amended (25 U.S.C. 331), and patents shall be issued 
to them for such lands having the legal effect and declaring that the 
United States holds such land in trust for the sole use and benefit of 
each allottee and, following his death, of his heirs according to the 
laws of the State of Arizona. 
SEC. 10. (a) Subject to the provisions of section 9 and subsection 
(a) of section 17, any lands partitioned to the Navajo Tribe pursuant 
to section 3 or 4 and the lands described in the Act of June 14, 1934 
(48 Stat. 960), except the lands as described in section 8, shall be held 
in trust by the United States exclusively for the Navajo Tribe and as 
a part of the Navajo Reservation. 
(b) Subject to the provisions of section 9 and subsection (a) of 
section 17, any lands partitioned to the Hopi Tribe pursuant to 
section 3 or 4 and the lands as described in section 8 shall be held in 
trust by the United States exclusively for the Hopi Tribe and as a part 
of the Hopi Reservation. 
SEC. 11. (a) The Secretary is authorized and directed to transfer 
not to exceed 250,000 acres of lands under the jurisdiction of the 
Bureau of Land Management within the States of Arizona or New 
Mexico to the Navajo Tribe: Providedy That the Navajo Tribe shall 
pay to the United States the fair market value for such lands as may 
be determined by the Secretary. Such lands shall, if possible, be con-
tiguous or adjacent to the existing Navajo Reservation. Title to such 
lands which are contiguous or adjacent to the Navajo Reservation 
shall be taken by the United States in trust for the benefit of the 
Navajo Tribe. 
(b) Any private lands the Navajo Tribe acquires wdiich are con-
tiguous or adjacent to the Navajo Reservation may be taken by the 
United States in trust for the benefit of the Navajo Tribe: Provided^ 
That the land acquired pursuant to subsection (a) and this subsection 
shall not exceed a total of 250.000 acres. 
SEC. 12. (a) There is hereby established as an independent entity 
the executive branch the Navajo and Hopi Indian Relocation 
m 
Commission (hereinafter referred to, as the "Commission"). 
(b) The Commission shall be composed of three members appointed 
by the Secretary within sixty days of enactment of this Act. 
(c) The Commission shall elect a Chairman and Vice Chairman 
from among its members. 
5 u s e 5332 
note. 
88 STAT. ] 
PUBLIC LAW 93-531-DEC. 22, 1974 
1717 
(d) Two members of the Commission shall constitute a quorum. 
Any vacancy in the Commission shall not affect its powers, but sha/11 
be filled in the same manner in which the original appointment was 
made. 
(e) Each member of the Commission who is not otherwise employed 
by the United States Government shall receive an amount equal to 
the daily rate paid a GS-18 under the General Schedule contained in 
section 5332 of title 5, United States Code, for each day (including 
time in travel) or portion thereof during which such member is 
engaged in the actual performance of his duties as a, member of the 
Commission. A member of the Commission who is an officer or 
employee of the United States shall serve without additional compen-
sation. All members of the Commission shall be reimbursed for travel, 
subsistence, and other expenses incurred by them in the performance 
of their duties. 
(f) The first meeting of the Commission shall be called by the 
Secretary forthwith following the date on which a majority of the 
members of such Commission are appointed and qualified under th^s 
Act, but in no event later than sixty days following such date. 
(g) Subject to such rules and regulations as may be adopted by the 
^"i^^ ^nd 
Commission, the Chairman shall have the power to— 
"
^
^
^
^ 
(1) appoint and fix the compensation of an Executive Director, 
and such additional staff personnel as he deems necessary, without 
mgard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to 
chapter 51 and subchapter I I I of chapter 53 of such title relating 
to classification and General Schedule pay rates, but at rates not 
in excess of the maximum rate for GS-18 of the General Schedule 
under section 5332 of such title; and 
(2) procure temporary and intermittent services to the same 
extent as is authorized by section 3109 of title 5, United States 
Code, but at rates not to exceed $150 a day for individuals. 
(h) The Department of the Interior shall furnish, on a non-
reimbursable basis, necessary administrative and housekeeping services 
for the Commission. 
(i) The Commission shall cease to exist when the President 
determines that its functions have been fully discharged. 
SEC. 13. (a) Within the twenty-four month period following the 
25 use 640d.i2, 
date of issuance of an order of the District Court pursuant to section 
3 or 4, the Commission shall prepare and submit to the Congress a co^^resV° 
report concerning the relocation of households and members thereof 
°"^''^^^* 
of each tribe, and their personal property, including livestock, from 
lands partitioned to the other tribe pursuant to sections 8 and 3 or 4. 
(b) Such report shall contain, among other matters, the following: 
(1) the,names of all members of the Navajo Tribe who reside 
within the areas partitioned to the Hopi Tribe and the names 
of all members of the Hopi Tribe who reside within the areas 
partitioned to the Navajo Tribe; and 
(2) the fair market value of the habitations and improvements 
owned by the heads of households identified by the Commission as 
being among the persons named in clause (1) of this subsection. 
(c) Such report shall include a detailed plan providing for the 
relocation of the households and their menibers identified pursuant to 
clause (1) of subsection (b) of this section. Such plan (hereinafter 
referred to as the "relocation plan") shall— 
(1) be developed to the maximum extent feasible in consulta-
tion with the persons involved in such relocation and appropriate 
representatives of their tribal councils; 
38-194 O - 76 -26 Pt. 2 
1718 
PUBLIC LAW 93-531-DEC. 22, 1974 
[88 STAT. 
(2) take into account the adverse social, economic, cultural, and 
other impacts of relocation on persons involved in such relocation 
and be developed to avoid or minimize, to the extent possible, such 
impacts ; 
(3) identify the sites to which such households shall be 
relocated, including the distance involved; 
(4) assure that housing and related community facilities and 
services, such as water, sewers, roads, schools, and health facilities, 
for such households shall be available at their relocation sites; 
and 
(5) take effect thirty days after the date of submission to the 
Congress pursuant to subsection (a) of this section: Provided, 
however, That the Commission is authorized and directed to pro-
Voluntary re- 
gecd with voluutary relocations as promptly as practicable follow-
locations. 
• 
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, 
i • 
i. 
J 
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25 use 640d-i3. 
mg its hrst meetmg. 
SEC. 14. (a) Consistent with section 8 and the order of the District 
Court issued pursuant to section 3 or 4, the Commission is authorized 
and directed to relocate pureuant to section 8 and such order all house-
holds and members thereof and their personal property,^ including 
livestock, from any lands partitioned to the tribe of which they are 
not members. The relocation shall take place in accordance with the 
relocation plan and shall be completed by the end of five years from 
the date on which the relocation plan takes effect. No further settle-
ment of Navajo individuals on the lands partitioned to the Hopi Tribe 
pursuant to this Act or on the Hopi Reservation shall be permitted 
unless advance written approval of the Hopi Tribe is obtained. No 
further settlement of Hopi individuals on the lands partitioned to the 
Navajo Tribe pursuant to this Act or on the Navajo Reservation shall 
be permitted unless advance Avritten approval of the Navajo Tribe is 
obtained. No individual shall hereafter be allowed to increase the num-
ber of livestock he grazes on any area partitioned pursuant to this Act 
to the tribe of which he is not a member, nor shall he I'etain any graz-
ing rights in any such area subsequent to his relocation therefrom. 
Assistance pay- 
(j^) jj^ additiou to tlic paymeuts made pursuant to section 15, the 
Commission shall make payments to heads of households identified in 
the report prepared pui-suant to section 13 upon the date of relocation 
of such households, as determined by the Commission, in accordance 
with the following schedule: 
(1) the sum of $5,000 to each head of a household who, prior to 
the expiration of one year after the effective date of the relocation 
plan, contracts with the Commission to relocate; 
(2) the sum of $4,000 to each head of a household who is not 
eligible for the payment provided for in clause (1) of this subsec-
tion but who, prior to the expiration of two years after the effective 
date of the relocation plan, contracts with the Commission to 
relocate; 
(3) the sum of $3,000 to each head of a household who is not 
eligible for the payments provided for in clause (1) or (2) 
of this subsection but who, prior to the expiration of three years 
after the effective date of the relocation plan, contracts with the 
Commission to relocate; and 
(4) the sum of $2,000 to each head of a household who is not 
eligible for the payments provided for in clause (1), (2), or (3) 
of this subsection but who, prior to the expiration of four years 
after the effective date of the relocation plan, contracts with the 
Commission to relocate. 
(c) No payment shall be made pursuant to this section to or for any 
person who, after May 29, 1974, moved into an area partitioned pur-
ments. 
88 STAT. ] 
PUBLIC LAW 93-531-DEC. 22, 1974 
1719 
suant to section 8 or section 3 or 4 to a tribe of which he is not a 
member. 
SEC. 15. (a) The Commission shall purchase from the head of each j^^^g?^^''^"^"' 
household whose household is required to relocate under the terms of 
°2"5'ulc 640d-i4. 
this Act the habitation and other improvements owned by him on the 
area from which he is required to move. The purchase price shall be 
^^^ market 
the fair market value of such habitation and improvements as deter-
mined under clause (2) of subsection (b) of section 13. 
(b) In addition to the payments made pursuant to subsection (a) 
of this section, the Commission shall: 
(1) reimburse each head of a liousehold whose household is 
required to relocate pursuant to this Act for the actual reason-
able moving expenses of the household as if the household mem-
bers were displaced persons under section 202 of the Uniform 
Relocation Assistance and Real Property Acquisition Policies 
Act of 1970 (84 Stat. 1894) ; 
. 
. 
^^ "^^ '*"^-
(2) pay to each head of a household whose household is required 
to relocate pursuant to this Act an amount which, when 
added to the fair market value of the habitation and improve-
ments purchased under subsection (a) of this section, equals the 
reasonable cost of a decent, safe, and sanitary replacement dwell-
ing adequate to accommodate such household: Provided., That the 
Additional pay-
additional payment authorized by this paragraph (2) shall not "^" * 
exceed $17,000 for a household of three or less and not more than 
$25,000 for a household of four or more, except that the Commis-
sion may, after consultation with the Secretary of Housing and 
Urban Development, annually increase or decrease such limita-
tions to reflect changes in housing development and construction 
costs, other than costs of land, during the preceding year: Pro-
vided further., That the additional payment authorized by this 
subsection shall be made only to a head of a household required 
to relocate pursuant to this Act who purchases and occupies such 
replacement dwelling not later than the end of the tw^o-year period 
beginning on the date on which he receives from the Commission 
final payment for the habitation and improvements purchased 
under subsection (a) of this section, or on the date on which such 
household moves from such habitation, w^hichever is the later 
date. The payments made pursuant to this paragraph (2) shall 
be used only for the purpose of obtaining decent, safe, and 
sanitary replacement dwellings adequate to accommodate the 
households relocated pursuant to this Act. 
(c) In implementing subsection (b) of this section, the Commis-
sion shall establish standards consistent with those established in the 
implementation of the Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (84 Stat. 1894). No payment 
\^ use 46oi 
shall be made pursuant to this section to or for any person who, later " 
than one year prior to the date of enactment of this Act, moved into 
an area partitioned pursuant to section 8 or section 3 or 4 to a tribe 
of which he is not a member. 
(d) The Commission shall be responsible for the provision of hous-
ing for each household eligible for payments under this section in 
one of the following manners: 
(1) Should any head of household apply for and become a par-
ticipant or homebuyer in a mutual help housing or other home-
ownership opportunity project undertaken under the United 
States Housing Act of 1937 (50 Stat. 888), as amended (42 U.S.C. 
1401), or in any other federally assisted housing program now or 
hereafter established, the amounts payable with respect to such 
household under paragraph (2) of subsection (b) of this section 
note. 
1720 
PUBLIC LAW 93-531-DEC. 22, 1974 
[88 STAT. 
and under subsection (a) of this section shall be paid to the local 
housing agency or sponsor involved as a voluntary equity payment 
and shall be credited against the outstanding indebtedness or 
purchase price of the household's home in the project in a man-
ner which will accelerate to the maximum extent possible the 
achievement by that household of debt free homeownership. 
(2) Should any head of household wish to purchase or have 
constructed a dwelling which the Commission determines is decent, 
safe, sanitary, and adequate to accommodate the household, 
the amounts payable with respect to such household under ])ara-
graph (2) of subsection (b) of this section and under subsection 
(a) of this section shall be paid to such head of household in con-
nection with such purchase or construction in a manner which the 
Commission determines will assure the use of the funds for such 
purpose. 
(3) Should any head of household not make timely arrange-
ments for relocation housing, or should any head of household elect 
and enter into an agreement to have the Commission construct or 
acquire a home for the household, the Commission 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 enlarge-
ment or rehabilitation if necessary) of a home and related facil-
ities for such household: Provided, That, the Commission may 
combine the funds for any number of such households into one 
or more accounts fi'om 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: Pro-
vided further, That the title to each home constructed or acquired 
by the Commission 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) The Commission is authorized to dispose of dwellings and other 
improvements acquired or constructed pursuant to this Act in such 
manner, including resale of such dwellings and improvements to mem-
bers of the tribe exercising jurisdiction over the area at prices no 
higher than the acquisition or construction costs, as best eifects section 
8 and the order of the District Court pursuant to section 3 or 4. 
25 use 640d-i5. 
SEC. 16. (a) 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 8 and 3 or 4 subsequent to the date of the partition thereof. 
(b) 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 8 
and 3 or 4 subsequent to the date of the partition thereof. 
25 use 640d.i6. 
gj,Q x7_ ^^L) Nothiug in this Act shall affect 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 Reserva-
tion shall be subject to the jurisdiction of the Hopi Tribe. 
(b) Nothing in this Act shall require the relocation from any area 
partitioned pursuant to this Act 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 resid-
ing in such areas in the future: Provided, That any such Federal 
88 STAT. ] 
PUBLIC LAW 93-531-DEC. 22, 1974 
1721 
employee who would, except for the provisions of this subsection, be 
relocated under the terms of this Act may elect to be so relocated. 
SEC. 18. (a) 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 3 or 4: 
(1) for an accounting of all sums collected by either tribe since 
the 17th day of September 1957 as trader license fees or commis-
sions, lease proceeds, or other similar charges for the doing of 
business or the use of lands within the joint use area, and judg-
ment 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, sub-
ject to the trust title of the United States, without interest, not-
withstanding 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 sec-
tions 1346(a) (2) and 1505 of title 28, United States Code, shall 
not be applicable to such action. 
(b) Neither laches nor the statute of limitations shall constitute 
a defense to any action authorized by this Act for existing claims if 
commenced within two years from the effective date of this Act or 
one hundred and eighty days from the date of issuance of an order 
of the District Court pursuant to section 3 or 4, whichever is later. 
(c) 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 Act. Such actions may be 
commenced in the District Court by either tribe against the other, act-
ing through the chairman of its tribal council, for and on behalf of 
tlie tribe, including all villages, clans, and individual members thereof. 
(d) Except as provided in clause (3) of subsection (a) of this sec-
tion, 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) All applicable provisional and final remedies and special pro-
ceedings provided for by the Federal Rules of Civil Procedure and all 
other remedies and processes available for the enforcement and collec-
tion of judgments in the district courts of the United States may be 
used in the enforcement and collection of judgments obtained pursu-
ant to the provisions of this Act. 
SEC. 19. (a) Notwithstanding any provision of this Act, or any 
order of the District Court pursuant to section 3 or 4, the Secretary 
is authorized and directed to immediately commence reduction of the 
25 u s e 640d-];7. 
25 u s e 640d-18. 
1722 
PUBLIC LAW 93-531-DEC. 22, 1974 
[88 STAT. 
25 use 640d.l9. 
25 use 640d.20. 
25 use 640d-21. 
25 use 640d.22. 
25 use 640d-23. 
25 use 640d-24, 
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 the date of enactment of this Act. 
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) The Secretary, upon the date of issuance of an order of the 
District Court pursuant to sections 8 and 3 or 4, shall provide for the 
survey location of monuments, and fencing of boundaries of any lands 
partitioned pursuant to sections 8 and 3 or 4. 
SEC. 20. The members of the Hopi Tribe shall have perpetual use of 
Cliff Spring as shown on USGS Ti/^ 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 south 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 resi-
dents of the area. The natural stand of fir trees within such 2-mile 
radius shall be conserved for such religious purposes. 
SEC. 21. Notwithstanding anything contained in this Act to the con-
trary, 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. 
SEC. 22. The availability of financial assistance or funds paid pursu-
ant to this Act may not be considered as income or resources or other-
wise 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 or any other Federal or federally 
assisted program. None of the funds provided under this Act shall be 
subject to Federal or State income taxes. 
SEC. 23. The Navajo and Hopi Tribes are hereby authorized to 
exchange lands which are part of their respective reservations. 
SEC. 24. If any provision of this Act, or the application of any pro-
vision to any person, entity or circumstance, is held invalid, the 
remainder of this Act shall not be affected thereby. 
SEC. 25. (a) (1) For the purpose of carrying out the provisions of 
section 15, there is hereby authorized to be appropriated not to exceed 
$31,500,000. 
88 STAT. ] 
PUBLIC LAW 93-532-DEC. 22, 1974 
1723 
(2) For the purpose of carrying out the provisions of subsection 
(a) of section 19, there is hereby authorized to be appropriated not 
to exceed $10,000,000. 
(3) For the purpose of carrying out the provisions of subsection (b) 
of section 19, there is hereby authorized to be appropriated not to 
exceed $500,000. 
(4) For the purpose of carrying out the provisions of subsection (b) 
of section 14, there is hereby authorized to be appropriated not to 
exceed $5,500,000. 
(5) There is hereby authorized to be appropriated annually not to 
exceed $500,000 for the expenses of the Commission. 
(6) There is hereby authorized to be appropriated not to exceed 
$500,000 for the services and expenses of the Mediator and the 
assistants and consultants retained by him: Provided^ That, any 
contrary provision of law notwithstanding, until such time as funds 
are appropriated and made available pursuant to this authorization, 
the Director of the Federal Mediation and Conciliation Service is 
authorized to provide for the services and expenses of the Mediator 
from any other appropriated funds available to him and to reimburse 
such appropriations when funds are appropriated pursuant to this 
authorization, such reimbursement to be credited to appropriations 
currently available at the time of receipt thereof. 
(b) The funds appropriated pursuant to the authorizations provided 
in this Act shall remain available until expended. 
SEC. 26. Section 10 of the Act entitled "An Act to promote the 
Repeal. 
rehabilitation of the Navajo and Hopi Tribes of Indians and a better 
utilization of the resources of the Navajo and Hopi Indian Reserva-
tions, and for other purposes", approved April 19, 1950 (64 Stat. 47; 
25 U.S.C. 640) is repealed effective close of business December 31,1974. 
Effective date. 
Approved December 22, 1974. 
Public Law 93-532 
AN A C T 
December 22, 1974 
Relating to former Speakers of the House of Representatives. 
[H. R. 17026] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) the pro- former speakers 
visions of H. Res. 1238, Ninety-first Congress, as enacted into perma- Represenuuves. 
nent law by the Supplemental Appropriations Act, 1971 (84 Stat. 
1989), are hereby extended to, and made applicable with respect to, 
each former Speaker of the House of Representatives, as long as he 
determines there is need therefor, commencing at the expiration of 
his term of office as Representative in Congress. 
(b) Subsection (a) shall not apply with respect to any former 
SjJeaker of the House of Representatives for any period during which 
such former Speaker holds an appointive or elective office or position 
in or under the Federal Government or the government of the District 
of Columbia to which is attached a rate of pay other than a nominal 
rate or to any former Speaker separated from the service by reason 
of expulsion from the House. 
Approved December 22, 1974.