§ 640d-9. — Partitioned or other designated lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC640d-9]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 640d-9. Partitioned or other designated lands
(a) Lands to be held in trust for Navajo Tribe; exception
Subject to the provisions of sections 640d-8 and 640d-16(a) of this
title, any lands partitioned to the Navajo Tribe pursuant to sections
640d-2 and 640d-3 of this title and the lands described in the Act of
June 14, 1934 (48 Stat. 960), except the lands as described in section
640d-7 of this title, shall be held in trust by the United States
exclusively for the Navajo Tribe and as a part of the Navajo
Reservation.
(b) Lands to be held in trust for Hopi Tribe
Subject to the provisions of sections 640d-8 and 640d-16(a) of this
title, any lands partitioned to the Hopi Tribe pursuant to sections
640d-2 and 640d-3 of this title and the lands as described in section
640d-7 of this title shall be held in trust by the United States
exclusively for the Hopi Tribe and as a part of the Hopi Reservation.
(c) Protection of rights and property of individuals subject to
relocation
The Secretary shall take such action as may be necessary in order to
assure the protection, until relocation, of the rights and property of
individuals subject to relocation pursuant to this subchapter, or any
judgment of partition pursuant thereto, including any individual
authorized to reside on land covered by a life estate conferred pursuant
to section 640d-28 of this title.
(d) Protection of benefits and services of individuals subject to
relocation
With respect to any individual subject to relocation, the Secretary
shall take such action as may be necessary to assure that such
individuals are not deprived of benefits or services by reason of their
status as an individual subject to relocation.
(e) Tribal jurisdiction over partitioned lands
(1) \1\ Lands partitioned pursuant to this subchapter, whether or
not the partition order is subject to appeal, shall be subject to the
jurisdiction of the tribe to whom partitioned and the laws of such tribe
shall apply to such partitioned lands under the following schedule:
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\1\ So in original. No par. (2) has been enacted.
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(A) Effective ninety days after July 8, 1980, all conservation
practices, including grazing control and range restoration
activities, shall be coordinated and executed with the concurrence
of the tribe to whom the particular lands in question have been
partitioned, and all such grazing and range restoration matters on
the Navajo Reservation lands shall be administered by the Bureau of
Indian Affairs Navajo Area Office and on the Hopi Reservation lands
by the Bureau of Indian Affairs Phoenix Area Office, under
applicable laws and regulations.
(B) Notwithstanding any provision of law to the contrary, each
tribe shall have such jurisdiction and authority over any lands
partitioned to it and all persons located thereon, not in conflict
with the laws and regulations referred to in paragraph (A) above, to
the same extent as is applicable to those other portions of its
reservation. Such jurisdiction and authority over partitioned lands
shall become effective April 18, 1981.
The provisions of this subsection shall be subject to the responsibility
of the Secretary to protect the rights and property of life tenants and
persons awaiting relocation as provided in subsections (c) and (d) of
this section.
(f) Development of lands in litigation; exception
(1) Any development of lands in litigation pursuant to section 640d-
7 of this title and further defined as ``that portion of the Navajo
Reservation lying west of the Executive Order Reservation of 1882 and
bounded on the north and south by westerly extensions, to the
reservation line, of the northern and southern boundaries of said
Executive Order Reservation,'' shall be carried out only upon the
written consent of each tribe except for the limited areas around the
village of Moenkopi and around Tuba City. Each such area has been
heretofore designated by the Secretary. ``Development'' as used herein
shall mean any new construction or improvement to the property and
further includes public work projects, power and water lines, public
agency improvements, and associated rights-of-way.
(2) Each Indian tribe which receives a written request for the
consent of the Indian tribe to a particular improvement, construction,
or other development on the lands to which paragraph (1) applies shall
respond in writing to such request by no later than the date that is 30
days after the date on which the Indian tribe receives the request. If
the Indian tribe refuse to consent to the improvement, construction, or
other development, the response shall include the reasons why consent is
being refused.
(3)(A) Paragraph (1) shall not apply to any improvement,
construction, or other development if--
(i) such improvement, construction, or development does not
involve new housing construction, and
(ii) after the Navajo Tribe or Hopi Tribe has refused to consent
to such improvement, construction, or development (or after the
close of the 30-day period described in paragraph (2), if the Indian
tribe does not respond within such period in writing to a written
request for such consent), the Secretary of the Interior determines
that such improvement, construction, or development is necessary for
the health or safety of the Navajo Tribe, the Hopi Tribe, or any
individual who is a member of either tribe.
(B) If a written request for a determination described in
subparagraph (A)(ii) is submitted to the Secretary of the Interior after
the Navajo Tribe or Hopi Tribe has refused to consent to any
improvement, construction, or development (or after the close of the 30-
day period described in paragraph (2), if the Indian tribe does not
respond within such period in writing to a written request for such
consent), the Secretary shall, by no later than the date that is 45 days
after the date on which such request is submitted to the Secretary,
determine whether such improvement, construction, or development is
necessary for the health or safety of the Navajo Tribe, the Hopi Tribe,
or any individual who is a member of either Tribe.
(C) Any development that is undertaken pursuant to this section
shall be without prejudice to the rights of the parties in the civil
action pending before the United States District Court for the District
of Arizona commenced pursuant to section 640d-7 of this title, as
amended.
(Pub. L. 93-531, Sec. 10, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-305,
Sec. 3, July 8, 1980, 94 Stat. 929; Pub. L. 100-666, Sec. 6, Nov. 16,
1988, 102 Stat. 3932.)
References in Text
Act of June 14, 1934, referred to in subsec. (a), is act June 14,
1934, ch. 521, 48 Stat. 960, which was not classified to the Code.
Amendments
1988--Subsec. (f). Pub. L. 100-666 designated existing provisions as
par. (1) and added pars. (2) and (3).
1980--Subsecs. (c) to (f). Pub. L. 96-305 added subsecs. (c) to (f).
