2013 US Code
Title 25 - Indians
Chapter 14 - MISCELLANEOUS (§§ 441 - 1300n-6)
Subchapter XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS (§§ 640d - 640d-31)
Section 640d - Mediator
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS Sec. 640d - Mediator |
Contains | section 640d |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Short Titles | 'Navajo-Hopi Relocation Housing Program Reauthorization Act of 1991'."</p> 'Navajo and Hopi Indian Relocation Amendments of 1988'."</p> 'Navajo and Hopi Indian Relocation Amendments Act of 1980'."</p> |
Source Credit | Pub. L. 93-531, §1, Dec. 22, 1974, 88 Stat. 1712. |
Presidential Document Number References | Executive Order 11829 |
Statutes at Large References | 88 Stat. 1712 94 Stat. 929 102 Stat. 3929 105 Stat. 1230 110 Stat. 3649 112 Stat. 1897 |
Public Law References | Public Law 93-531, Public Law 96-305, Public Law 100-666, Public Law 102-180, Public Law 104-301, Public Law 105-256 |
Download PDF
Within thirty days after December 22, 1974, the Director of the Federal Mediation and Conciliation Service shall appoint a Mediator (hereinafter referred to as the "Mediator") who shall assist in the negotiations 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, aff'd 363 U.S. 758, 1963) (hereinafter referred to as the "Healing case"), of the Hopi and Navajo Tribes (hereinafter referred to as the "tribes") to and in lands within the reservation established by the Executive order of December 16, 1882, except land management district no. 6 (such lands hereinafter referred to as the "joint use area"). The Mediator shall not have any interest, direct or indirect, in the settlement of the interests and rights set out in this subsection. The duties of the Mediator shall cease upon the entering of a full agreement into the records of the supplemental proceedings pursuant to section 640d–2 of this title or the submission of a report to the District Court after a default in negotiations or a partial agreement pursuant to section 640d–3 of this title.
(b) Nature of proceedingsThe proceedings in which the Mediator shall be acting under the provisions of this subchapter shall be the supplemental proceedings 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) Interagency committee(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 provisions of this subchapter. Each such department, agency, or instrumentality is authorized to cooperate with the Mediator and to comply with such requests to the extent permitted by law, on a reimbursable or nonreimbursable basis.
(2) To facilitate the expeditious and orderly compilation and development of factual information relevant to the negotiating process, the President shall, within fifteen days of December 22, 1974, establish an interagency committee chaired by the Secretary of the Interior (hereinafter referred to as the "Secretary") to develop relevant information and to respond to the requests of the Mediator.
(d) Liaison with SecretaryThe 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) Staff assistants and consultantsThe Mediator may retain the services of such staff assistants and consultants as he shall deem necessary, subject to the approval of the Director of the Federal Mediation and Conciliation Service.
(Pub. L. 93–531, §1, Dec. 22, 1974, 88 Stat. 1712.)
SHORT TITLE OF 1991 AMENDMENTPub. L. 102–180, §1, Dec. 2, 1991, 105 Stat. 1230, provided that: "This Act [amending sections 640d–11 and 640d–24 of this title and section 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 640d–11 of this title] may be cited as the 'Navajo-Hopi Relocation Housing Program Reauthorization Act of 1991'."
SHORT TITLE OF 1988 AMENDMENTPub. L. 100–666, §1, Nov. 16, 1988, 102 Stat. 3929, provided that: "This Act [enacting sections 640d–29 and 640d–30 of this title, amending sections 640d–7, 640d–9 to 640d–14, 640d–22, 640d–24, 640d–25, and 640d–28 of this title, and enacting provisions set out as a note under section 640d–11 of this title] may be cited as the 'Navajo and Hopi Indian Relocation Amendments of 1988'."
SHORT TITLE OF 1980 AMENDMENTPub. L. 96–305, §1, July 8, 1980, 94 Stat. 929, provided: "That this Act [enacting sections 640d–25 to 640d–28 of this title and amending sections 640d–4, 640d–7, 640d–9 to 640d–12, 640d–14, 640d–18, 640d–22, and 640d–24 of this title] may be cited as the 'Navajo and Hopi Indian Relocation Amendments Act of 1980'."
NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT OF 1996Pub. L. 104–301, Oct. 11, 1996, 110 Stat. 3649, as amended by Pub. L. 105–256, §3, Oct. 14, 1998, 112 Stat. 1897, provided that:
"SECTION 1. SHORT TITLE."This Act may be cited as the 'Navajo-Hopi Land Dispute Settlement Act of 1996'.
"SEC. 2. FINDINGS."The Congress finds that—
"(1) it is in the public interest for the Tribe, Navajos residing on the Hopi Partitioned Lands, and the United States to reach a peaceful resolution of the longstanding disagreements between the parties under the Act commonly known as the 'Navajo-Hopi Land Settlement Act of 1974' (Public Law 93–531; 25 U.S.C. 640d et seq.);
"(2) it is in the best interest of the Tribe and the United States that there be a fair and final settlement of certain issues remaining in connection with the Navajo-Hopi Land Settlement Act of 1974, including the full and final settlement of the multiple claims that the Tribe has against the United States;
"(3) this Act, together with the Settlement Agreement executed on December 14, 1995, and the Accommodation Agreement (as incorporated by the Settlement Agreement), provide the authority for the Tribe to enter agreements with eligible Navajo families in order for those families to remain residents of the Hopi Partitioned Lands for a period of 75 years, subject to the terms and conditions of the Accommodation Agreement;
"(4) the United States acknowledges and respects—
"(A) the sincerity of the traditional beliefs of the members of the Tribe and the Navajo families residing on the Hopi Partitioned Lands; and
"(B) the importance that the respective traditional beliefs of the members of the Tribe and Navajo families have with respect to the culture and way of life of those members and families;
"(5) this Act, the Settlement Agreement, and the Accommodation Agreement provide for the mutual respect and protection of the traditional religious beliefs and practices of the Tribe and the Navajo families residing on the Hopi Partitioned Lands;
"(6) the Tribe is encouraged to work with the Navajo families residing on the Hopi Partitioned Lands to address their concerns regarding the establishment of family or individual burial plots for deceased family members who have resided on the Hopi Partitioned Lands; and
"(7) neither the Navajo Nation nor the Navajo families residing upon Hopi Partitioned Lands were parties to or signers of the Settlement Agreement between the United States and the Hopi Tribe.
"SEC. 3. DEFINITIONS."Except as otherwise provided in this Act, for purposes of this Act, the following definitions shall apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"The United States approves, ratifies, and confirms the Settlement Agreement.
"SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST."The Secretary shall take such action as may be necessary to ensure that the following conditions are met prior to taking lands into trust for the benefit of the Tribe pursuant to the Settlement Agreement:
"(1)
"(A)
"(B)
"(i) land that is used substantially for ranching, agriculture, or another similar use; and
"(ii) to the extent feasible, in contiguous parcels.
"(2)
"(A) at least 85 percent of the eligible Navajo heads of household (as determined under the Settlement Agreement) have entered into an accommodation or have chosen to relocate and are eligible for relocation assistance (as determined under the Settlement Agreement); and
"(B) the Tribe has consulted with the State of Arizona concerning the lands proposed to be placed in trust, including consulting with the State concerning the impact of placing those lands into trust on the State and political subdivisions thereof resulting from the removal of land from the tax rolls in a manner consistent with the provisions of part 151 of title 25, Code of Federal Regulations.
"(3)
"(4)
"(a)
"(1)
"(A)
"(i) acquires private lands; and
"(ii) requests the Secretary to acquire through condemnation interspersed lands that are owned by the State of Arizona and are located within the exterior boundaries of those private lands in order to have both the private lands and the State lands taken into trust by the Secretary for the benefit of the Tribe.
"(B)
"(2)
"(A) that acquisition is consistent with the purpose of obtaining not more than 500,000 acres of land to be taken into trust for the Tribe;
"(B) the State of Arizona concurs with the United States that the acquisition is consistent with the interests of the State; and
"(C) the Tribe pays for the land acquired through condemnation under this subsection.
"(b)
"(c)
"If the United States fails to discharge the obligations specified in section 9(c) of the Settlement Agreement with respect to voluntary relocation of Navajos residing on Hopi Partitioned Lands, or section 9(d) of the Settlement Agreement, relating to the implementation of sections 700.137 through 700.139 of title 25, Code of Federal Regulations, on the New Lands, including failure for reason of insufficient funds made available by appropriations or otherwise, the Tribe may bring an action to quiet possession that relates to the use of the Hopi Partitioned Lands after February 1, 2000, by a Navajo family that is eligible for an accommodation, but fails to enter into an accommodation.
"SEC. 8. PAYMENT TO STATE OF ARIZONA."(a)
"(b)
"[Amended section 415 of this title.]
"SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING PROGRAM."[Amended section 640d–24 of this title.]
"SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO NATION AND THE HOPI TRIBE."Nothing in this Act or the amendments made by this Act shall be interpreted or deemed to preclude, limit, or endorse, in any manner, actions by the Navajo Nation that seek, in court, an offset from judgments for payments received by the Hopi Tribe under the Settlement Agreement.
"SEC. 12. WATER RIGHTS."(a)
"(1)
"(A) The right to the reasonable use of groundwater pumped from such lands.
"(B) All rights to the use of surface water on such lands existing under State law on the date of acquisition, with the priority date of such right under State law.
"(C) The right to make any further beneficial use on such lands of surface water which is unappropriated on the date each parcel of newly acquired trust lands is taken into trust. The priority date for the right shall be the date the lands are taken into trust.
"(2)
"(b)
"(1)
"(2)
"(3)
"(c)
"(d)
"(e)
"(f)
"(g)
"(h)
Ex. Ord. No. 11829, Jan. 6, 1975, 40 F.R. 1497, as amended by Ex. Ord. No. 11853, Apr. 17, 1975, 40 F.R. 17537, which established the Hopi-Navajo Land Settlement Interagency Committee and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, §11, Aug. 17, 1982, 47 F.R. 36099, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.