§ 635. — Disposition of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC635]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXI--NAVAJO AND HOPI TRIBES: REHABILITATION
Sec. 635. Disposition of lands
(a) Lease of restricted lands; renewals
Any restricted Indian lands owned by the Navajo Tribe, members
thereof, or associations of such members, or by the Hopi Tribe, members
thereof, or associations of such members, may be leased by the Indian
owners, with the approval of the Secretary of the Interior, for public,
religious, educational, recreational, or business purposes, including
the development or utilization of natural resources in connection with
operations under such leases. All leases so granted shall be for a term
of not to exceed twenty-five years, but may include provisions
authorizing their renewal for an additional term of not to exceed
twenty-five years, and shall be made under such regulations as may be
prescribed by the Secretary. Restricted allotments of deceased Indians
may be leased under this section, for the benefit of their heirs or
devisees, in the circumstances and by the persons prescribed in section
380 of this title. Nothing contained in this section shall be construed
to repeal or affect any authority to lease restricted Indian lands
conferred by or pursuant to any other provision of law.
(b) Lease, sale, or other disposition of lands owned in fee simple by
Navajo Tribe
Notwithstanding any other provision of law, land owned in fee simple
by the Navajo Tribe may be leased, sold, or otherwise disposed of by the
sole authority of the Navajo Tribal Council, in any manner that similar
land in the State in which such land is situated may be leased, sold, or
otherwise disposed of by private landowners, and such disposition shall
create no liability on the part of the United States.
(c) Transfer of unallotted lands to tribally owned or municipal
corporations
The Secretary of the Interior is authorized to transfer, upon
request of the Navajo Tribal Council, to any corporation owned by the
tribe and organized pursuant to State law, or to any municipal
corporation organized under State law, legal title to or a leasehold
interest in any unallotted lands held for the Navajo Indian Tribe, and
thereafter the United States shall have no responsibility or liability
for, but on request of the tribe shall render advice and assistance in,
the management, use, or disposition of such lands.
(Apr. 19, 1950, ch. 92, Sec. 5, 64 Stat. 46; Pub. L. 86-505, Sec. 1,
June 11, 1960, 74 Stat. 199.)
Amendments
1960--Pub. L. 86-505 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).