
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: 25USC640d-28]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
   SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND 
                                INTERESTS
 
Sec. 640d-28. Life estates


(a) Omitted

(b) Application for lease; contents; filing date; extension

    Any Navajo head of household who desires to do so may submit an 
application for a life estate lease to the Commissioner. Such 
application shall contain such information as the Commissioner may 
prescribe by regulation, such regulation to be promulgated by the 
Commissioner within ninety days of July 8, 1980. To be considered, such 
application must be filed with the Commissioner on or before April 1, 
1981: Provided, That the Commissioner may, for good cause, grant an 
extension of one hundred and eighty days.

(c) Application groupings

    Upon receipt of applications filed pursuant to this section, the 
Commissioner shall group them in the following order:
        (A) Applicants who are determined to be at least 50 per centum 
    disabled as certified by a physician approved by the Commissioner. 
    Such applicants shall be ranked in the order of the severity of 
    their disability.
        (B) Applicants who are not at least 50 per centum disabled shall 
    be ranked in order of their age with oldest listed first and the 
    youngest listed last: Provided, That, if any applicant physically 
    resides in quarter quad Nos. 78 NW, 77 NE, 77 NW, 55 SW, or 54 SE as 
    designated on the Mediator's partition map, such applicant shall be 
    given priority over another applicant of equal age.
        (C) Applicants who did not, as of December 22, 1974, and 
    continuously thereafter, maintain a separate place of abode and 
    actually remain domiciled on Hopi partitioned lands, and who, but 
    for this subsection would be required to relocate, shall be rejected 
    by the Commissioner.
        (D) Applicants who were not at least forty-nine years of age on 
    December 22, 1974, or are not at least 50 per centum disabled, shall 
    also be rejected by the Commissioner.

(d) Number of leases; priorities

    The Commissioner shall have authority to award life estate leases to 
not more than one hundred and twenty applicants with first priority 
being given to applicants listed pursuant to subsection (c)(A) of this 
section and the next priority being given to the applicants listed 
pursuant to subsection (c)(B) of this section, in order of such listing.

(e) Area; allowable livestock; assistance by Secretary in feeding 
        livestock

    Each life estate lease shall consist of a fenced area not exceeding 
ninety acres of land which shall include the life tenant's present 
residence and may be used by the life tenant to feed not to exceed 
twenty-five sheep units per year or equivalent livestock. The Secretary, 
under existing authority, shall make available to life estate tenants 
such assistance during that tenure, as may be necessary to enable such 
tenant to feed such livestock at an adequate nutritional level.

(f) Individuals permitted to reside; regulations

    No person may reside on a life estate other than the life tenant, 
his or her spouse, and minor dependents, and/or such persons who are 
necessarily present to provide for the care of the life tenant. The 
Commissioner shall promulgate regulations to carry out the intent of 
this subsection.

(g) Termination

    The life estate tenure shall end by voluntary relinquishment, or at 
the death of the life tenant or the death of his or her spouse, 
whichever occurs last: Provided, That each survivorship right shall 
apply only to those persons who were lawfully married to each other on 
or before July 8, 1980.

(h) Relocation benefits upon voluntary relinquishment; compensation upon 
        death of life tenant or surviving spouse; relocation of 
        dependents

    Nothing in this section shall be construed as prohibiting any such 
applicant who receives a life estate lease under this section from 
relinquishing, prior to its termination, such estate at any time and 
voluntarily relocating. Upon voluntary relinquishment of such estate, by 
such means or instrument as the Secretary shall prescribe, such 
applicant shall be entitled to relocation benefits from the Secretary 
comparable to those provided by section 640d-14 of this title. For life 
estates terminated by the death of the life tenant or his or her 
surviving spouse, compensation shall be paid to the estate of the 
deceased life tenant or surviving spouse based on the fair market value 
of the habitation and improvements at the time of the expiration of such 
tenure and not before. Such payment shall be in lieu of any other 
payment pursuant to subsection (a) of section 640d-14 of this title. 
Assistance provided pursuant to section 640d-14(b) of this title, shall 
be paid to any head of household lawfully residing on such life estate 
pursuant to subsection (f) of this section who is required to move by 
the termination of such life estate by the death of the life tenant and 
his or her surviving spouse and who does not maintain a residence 
elsewhere. Compensation under section 640d-14(a) of this title shall be 
paid and distributed in accordance with the last will and testament of 
the life tenant or surviving spouse or, in the event no valid last will 
and testament is left, compensation shall be paid and distributed to his 
or her heirs in accordance with existing Federal law. Upon termination 
of a life estate by whatever means, the dependents residing with the 
individuals having such life estate so terminated shall have ninety days 
following such termination within which to relocate.

(i) Payment of fair market rental value

    The Secretary shall pay, on an annual basis, the fair market rental 
value of such life estate leases to the tribe to whom the lands leased 
were partitioned.

(j) Improvements

    Nothing in this subchapter or any other law shall be construed to 
prevent a life tenant from making reasonable improvements on the life 
estate which are related to the residence and agricultural purposes of 
the life tenancy.

(k) Additional leases for Hopi heads of household

    The Commissioner is authorized to grant not to exceed ten additional 
life estate leases to Hopi heads of household residing on Navajo-
partitioned lands under such terms of this section as may be 
appropriate.

(Pub. L. 93-531, Sec. 30, as added Pub. L. 96-305, Sec. 11, July 8, 
1980, 94 Stat. 934; amended Pub. L. 100-666, Sec. 4(b), Nov. 16, 1988, 
102 Stat. 3930.)

                          Codification

    Subsec. (a) provided for the repeal of section 640d-4(a)(4) of this 
title.


                               Amendments

    1988--Subsecs. (b) to (d), (f), (k). Pub. L. 100-666 substituted 
``Commissioner'' for ``Commission'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 640d-9, 640d-24 of this 
title.
