§ 640d-17. — Actions for accounting, fair value of grazing, and claims for damages to land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC640d-17]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 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.
(Pub. L. 93-531, Sec. 18, Dec. 22, 1974, 88 Stat. 1721.)
Section Referred to in Other Sections
This section is referred to in sections 640d-7, 640d-27 of this
title.
