
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[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-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).
