§ 228i. — Havasupai Indian Reservation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC228i]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIV--GRAND CANYON NATIONAL PARK
Sec. 228i. Havasupai Indian Reservation
(a) Lands of Havasupai Reservation Addition held in trust by United
States; boundaries
For the purpose of enabling the tribe of Indians known as the
Havasupai Indians of Arizona (hereinafter referred to as the ``tribe'')
to improve the social, cultural, and economic life of its members, the
lands generally depicted as the ``Havasupai Reservation Addition'' on
the map described in section 228b of this title, and consisting of
approximately one hundred and eighty-five thousand acres of land and any
improvements thereon, are hereby declared to be held by the United
States in trust for the Havasupai Tribe. Such map, which shall delineate
a boundary line generally one-fourth of a mile from the rim of the outer
gorge of the Grand Canyon of the Colorado River and shall traverse
Havasu Creek from a point on the rim at Yumtheska Point to Beaver Falls
to a point on the rim at Ukwalla Point, shall be on file and available
for public inspection in the Offices of the Secretary, Department of the
Interior, Washington, District of Columbia.
(b) Lands held in trust by United States included within Reservation;
administration pursuant to laws and regulations applicable to
other trust Indian lands; specific administrative criteria and
restrictions
The lands held in trust pursuant to this section shall be included
in the Havasupai Reservation, and shall be administered under the laws
and regulations applicable to other trust Indian lands: Provided, That--
(1) the lands may be used for traditional purposes, including
religious purposes and the gathering of, or hunting for, wild or
native foods, materials for paints and medicines;
(2) the lands shall be available for use by the Havasupai Tribe
for agricultural and grazing purposes, subject to the ability of
such lands to sustain such use as determined by the Secretary;
(3) any areas historically used as burial grounds may continue
to be so used;
(4) a study shall be made by the Secretary, in consultation with
the Havasupai Tribal Council, to develop a plan for the use of this
land by the tribe which shall include the selection of areas which
may be used for residential, educational, and other community
purposes for members of the tribe and which shall not be
inconsistent with, or detract from, park uses and values; Provided
further, That before being implemented by the Secretary, such plan
shall be made available through his offices for public review and
comment, shall be subject to public hearings, and shall be
transmitted, together with a complete transcript of the hearings, at
least 90 days prior to implementation, to the Committee on Energy
and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives; and Provided further,
That any subsequent revisions of this plan shall be subject to the
same procedures as set forth in this paragraph;
(5) no commercial timber production, no commercial mining or
mineral production, and no commercial or industrial development
shall be permitted on such lands: Provided further, That the
Secretary may authorize the establishment of such tribal small
business enterprises as he deems advisable to meet the needs of the
tribe which are in accordance with the plan provided in paragraph
(4) of this subsection;
(6) nonmembers of the tribe shall be permitted to have access
across such lands at locations established by the Secretary in
consultation with the Tribal Council in order to visit adjacent
parklands, and with the consent of the tribe, may be permitted (i)
to enter and temporarily utilize lands within the reservation in
accordance with the approved land use plan described in paragraph
(4) of this subsection for recreation purposes or (ii) to purchase
licenses from the tribe to hunt on reservation lands subject to
limitations and regulations imposed by the Secretary of the
Interior; and
(7) except for the uses permitted in paragraphs 1 through 6 of
this subsection, the lands hereby transferred to the tribe shall
remain forever wild and no uses shall be permitted under the plan
which detract from the existing scenic and natural values of such
lands.
(c) Establishment, maintenance, and implementation of conservation
measures; availability of Federal programs relating to Indians;
right of access to lands for implementation of Federal projects,
resource management and preservation, and tribal religious,
etc., functions
The Secretary shall be responsible for the establishment and
maintenance of conservation measures for these lands, including, without
limitation, protection from fire, disease, insects, or trespass and
reasonable prevention or elimination of erosion, damaging land use,
overgrazing, or pollution. The Secretary of the Interior is authorized
to contract with the Secretary of Agriculture for any services or
materials deemed necessary to institute or carry out any such measures.
Any authorized Federal programs available to any other Indian tribes to
enhance their social, cultural, and economic well-being shall be deemed
available to the tribe on these lands so long as such programs or
projects are consistent with the purposes of sections 228a to 228j of
this title. For these purposes, and for the purpose of managing and
preserving the resources of the Grand Canyon National Park, the
Secretary shall have the right of access to any lands hereby included in
the Havasupai Reservation. Nothing in sections 228a to 228j of this
title shall be construed to prohibit access by any members of the tribe
to any sacred or religious places or burial grounds, native foods,
paints, materials, and medicines located on public lands not otherwise
covered in sections 228a to 228j of this title.
(d) Grazing rights on the Raintank Allotment; continuation and renewal
The Secretary shall permit any person presently exercising grazing
privileges pursuant to Federal permit or lease in that part of the
Kaibab National Forest designated as the ``Raintank Allotment'', and
which is included in the Havasupai Reservation by this section, to
continue in the exercise thereof, but no permit or renewal shall be
extended beyond the period ending ten years from January 3, 1975, at
which time all rights of use and occupancy of the lands will be
transferred to the tribe subject to the same terms and conditions as the
other lands included in the reservation in subsection (b) of this
section.
(e) Havasupai Use Lands; use for grazing and other traditional purposes
subject to regulations
The Secretary, subject to such reasonable regulations as he may
prescribe to protect the scenic, natural, and wildlife values thereof,
shall permit the tribe to use lands within the Grand Canyon National
Park which are designated as ``Havasupai Use Lands'' on the Grand Canyon
National Park boundary map described in section 228b of this title, and
consisting of approximately ninety-five thousand three hundred acres of
land, for grazing and other traditional purposes.
(f) Extinguishment of all tribal right, title, and interest in lands not
otherwise declared as held in trust or covered by provisions
enlarging park
By the enactment of sections 228a to 228j of this title, the
Congress recognizes and declares that all right, title, and interest in
any lands not otherwise declared to be held in trust for the Havasupai
Tribe or otherwise covered by sections 228a to 228j of this title is
extinguished.
(Pub. L. 93-620, Sec. 10, Jan. 3, 1975, 88 Stat. 2091; Pub. L. 103-437,
Sec. 6(a)(2), Nov. 2, 1994, 108 Stat. 4583.)
Codification
Provision of subsec. (f) of this section, which repealed section 3
of act of Feb. 26, 1919 (40 Stat. 1177), set out as section 223 of this
title, has been omitted from this section as executed. See note set out
under section 223 of this title.
Amendments
1994--Subsec. (b)(4). Pub. L. 103-437 substituted ``Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives'' for ``Committees on Interior
and Insular Affairs of the United States Congress''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 227, 228a to 228h, 228j of
this title.
