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U.S. Code as of:
01/19/04
Section 640d-2. Implementation of agreements
(a) Full agreement
If, within one hundred and eighty days after the first session
scheduled by the Mediator under section 640d-1(c) of this title,
full agreement is reached, such agreement shall be put in such form
as the Mediator determines best expresses the intent of the tribes
and shall then be submitted to the Secretary and the Attorney
General of the United States for their comments as they relate to
the interest of the United States in the proceedings. These
comments are to be submitted to the Mediator and the negotiating
teams within thirty days. The negotiating teams and the Mediator
shall then consider the comments and, if agreement can still be
reached on terms acceptable to the negotiating teams and the
Mediator within sixty days of receipt by him of the comments, the
agreement shall be put in final written form and shall be signed by
the members of the negotiating teams and the Mediator. The Mediator
shall then cause the agreement to be entered into the records of
the supplemental proceedings in the Healing case. The provisions of
the agreement shall be reviewed by the District Court, modified
where necessary, and put into effect immediately thereafter.
(b) Partial agreement
If, within the one hundred and eighty day period referred to in
subsection (a) of this section, a partial agreement has been
reached between the tribes and they wish such partial agreement to
go into effect, they shall follow the procedure set forth in
subsection (a) of this section. The partial agreement shall then be
considered by the Mediator in preparing his report, and the
District Court in making a final adjudication, pursuant to section
640d-3 of this title.
(c) Consistency with existing law
For the purpose of this section, the negotiating teams may make
any provision in the agreement or partial agreement not
inconsistent with existing law. No such agreement or any provision
in it shall result in a taking by the United States of private
property compensable under the Fifth Amendment of the Constitution
of the United States.
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