§ 640d-3. — Default or failure to reach agreement; recommendations to District Court; final adjudication.
[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-3]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 640d-3. Default or failure to reach agreement;
recommendations to District Court; final adjudication
If the negotiating teams fail to reach full agreement within the
time period allowed in section 640d-2(a) of this title or if one or both
of the tribes are in default under the provisions of section 640d-1(b)
or (d) of this title, the Mediator, within ninety days thereafter, shall
prepare and submit to the District Court a report containing his
recommendations for the settlement of the interests and rights set out
in section 640d(a) of this title which shall be most reasonable and
equitable in light of the law and circumstances and consistent with the
provisions of this subchapter. Following the District Court's review of
the report and recommendations (which are not binding thereon) and any
further proceedings which the District Court may schedule, the District
Court is authorized to make a final adjudication, including partition of
the joint use area, and enter the judgments in the supplemental
proceedings in the Healing case.
(Pub. L. 93-531, Sec. 4, Dec. 22, 1974, 88 Stat. 1713; Pub. L. 98-620,
title IV, Sec. 402(27), Nov. 8, 1984, 98 Stat. 3359.)
Amendments
1984--Pub. L. 98-620 struck out designation ``(a)'' before ``If the
negotiating'', and struck out subsec. (b) which provided that any
proceedings as authorized in this section had to be assigned for hearing
at the earliest possible date, would take precedence over all other
matters pending on the docket of the District Court at that time, and
had to be expedited in every way by the Court.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in sections 640d, 640d-1, 640d-2, 640d-
4, 640d-5, 640d-9, 640d-13, 640d-14, 640d-15, 640d-17, 640d-18 of this
title.
