
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
