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U.S. Code as of:
01/19/04
Section 640d. Mediator
(a) Appointment; duties; qualifications; termination of duties
Within thirty days after December 22, 1974, the Director of the
Federal Mediation and Conciliation Service shall appoint a Mediator
(hereinafter referred to as the "Mediator") who shall assist in the
negotiations for the settlement and partition of the relative
rights and interests, as determined by the decision in the case of
Healing v. Jones (210 F. Supp. 125, D. Ariz., 1962, aff'd 363 U.S.
758, 1963) (hereinafter referred to as the "Healing case"), of the
Hopi and Navajo Tribes (hereinafter referred to as the "tribes") to
and in lands within the reservation established by the Executive
order of December 16, 1882, except land management district no. 6
(such lands hereinafter referred to as the "joint use area"). The
Mediator shall not have any interest, direct or indirect, in the
settlement of the interests and rights set out in this subsection.
The duties of the Mediator shall cease upon the entering of a full
agreement into the records of the supplemental proceedings pursuant
to section 640d-2 of this title or the submission of a report to
the District Court after a default in negotiations or a partial
agreement pursuant to section 640d-3 of this title.
(b) Nature of proceedings
The proceedings in which the Mediator shall be acting under the
provisions of this subchapter shall be the supplemental proceedings
in the Healing case now pending in the United States District Court
for the District of Arizona (hereinafter referred to as "the
District Court").
(c) Interagency committee
(1) The Mediator is authorized to request from any department,
agency, or independent instrumentality of the Federal Government
any information, personnel, service, or materials he deems
necessary to carry out his responsibilities under the provisions of
this subchapter. Each such department, agency, or instrumentality
is authorized to cooperate with the Mediator and to comply with
such requests to the extent permitted by law, on a reimbursable or
nonreimbursable basis.
(2) To facilitate the expeditious and orderly compilation and
development of factual information relevant to the negotiating
process, the President shall, within fifteen days of December 22,
1974, establish an interagency committee chaired by the Secretary
of the Interior (hereinafter referred to as the "Secretary") to
develop relevant information and to respond to the requests of the
Mediator.
(d) Liaison with Secretary
The Secretary shall appoint a full-time representative as his
liaison with the Mediator to facilitate the provision of
information and assistance requested by the Mediator from the
Department of the Interior.
(e) Staff assistants and consultants
The Mediator may retain the services of such staff assistants and
consultants as he shall deem necessary, subject to the approval of
the Director of the Federal Mediation and Conciliation Service.
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