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U.S. Code as of:
01/19/04
Section 640d-17. Actions for accounting, fair value of grazing, and claims for damages to land
(a) Authorization to commence and defend actions in District Court
Either tribe, acting through the chairman of its tribal council,
for and on behalf of the tribe, including all villages, clans, and
individual members thereof, is hereby authorized to commence or
defend in the District Court an action or actions against the other
tribe for the following purposes if such action or actions are not
settled pursuant to section 640d-2 or 640d-3 of this title:
(1) for an accounting of all sums collected by either tribe
since the 17th day of September 1957 as trader license fees or
commissions, lease proceeds, or other similar charges for the
doing of business or the use of lands within the joint use area,
and judgment for one-half of all sums so collected, and not paid
to the other tribe, together with interest at the rate of 6 per
centum per annum compounded annually;
(2) for the determination and recovery of the fair value of the
grazing and agricultural use by either tribe and its individual
members since the 28th day of September 1962 of the undivided
one-half interest of the other tribe in the lands within the
joint use area, together with interest at the rate of 6 per
centum per annum compounded annually, notwithstanding the fact
that the tribes are tenants in common of such lands; and
(3) for the adjudication of any claims that either tribe may
have against the other for damages to the lands to which title
was quieted as aforesaid by the United States District Court for
the District of Arizona in such tribes, share and share alike,
subject to the trust title of the United States, without
interest, notwithstanding the fact that such tribes are tenants
in common of such lands: Provided, That the United States may be
joined as a party to such an action and, in such case, the
provisions of sections 1346(a)(2) and 1505 of title 28 shall not
be applicable to such action.
(b) Defenses
Neither laches nor the statute of limitations shall constitute a
defense to any action authorized by this subchapter for existing
claims if commenced within two years from December 22, 1974, or one
hundred and eighty days from the date of issuance of an order of
the District Court pursuant to section 640d-2 or 640d-3 of this
title, whichever is later.
(c) Further original, ancillary or supplementary actions to insure
quiet enjoyment
Either tribe may institute such further original, ancillary, or
supplementary actions against the other tribe as may be necessary
or desirable to insure the quiet and peaceful enjoyment of the
reservation lands of the tribes by the tribes and the members
thereof, and to fully accomplish all objects and purposes of this
subchapter. Such actions may be commenced in the District Court by
either tribe against the other, acting through the chairman of its
tribal council, for and on behalf of the tribe, including all
villages, clans, and individual members thereof.
(d) United States as party; judgments as claims against the United
States
Except as provided in clause (3) of subsection (a) of this
section, the United States shall not be an indispensable party to
any action or actions commenced pursuant to this section. Any
judgment or judgments by the District Court in such action or
actions shall not be regarded as a claim or claims against the
United States.
(e) Remedies
All applicable provisional and final remedies and special
proceedings provided for by the Federal Rules of Civil Procedure
and all other remedies and processes available for the enforcement
and collection of judgments in the district courts of the United
States may be used in the enforcement and collection of judgments
obtained pursuant to the provisions of this subchapter.
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