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U.S. Code as of:
01/19/04
Section 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:
(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.
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