§ 640d-4. — Authorized recommendations for facilitation of agreement or report to District Court; discretionary nature of recommendations.
[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-4]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 640d-4. Authorized recommendations for facilitation of
agreement or report to District Court; discretionary nature of
recommendations
(a) For the purpose of facilitating an agreement pursuant to section
640d-2 of this title or preparing a report pursuant to section 640d-3 of
this title, the Mediator is authorized--
(1) notwithstanding the provisions of section 211 of this title,
to recommend that, subject to the consent of the Secretary, there be
purchased or otherwise acquired additional lands for the benefit of
either tribe from the funds of either tribe or funds under any other
authority of law;
(2) to recommend that, subject to the consent of the Secretary,
there be undertaken a program of restoration of lands lying within
the joint use area, employing for such purpose funds authorized by
this subchapter, funds of either tribe, or funds under any other
authority of law;
(3) to recommend that, subject to the consent of the Secretary,
there be undertaken a program for relocation of members of one tribe
from lands which may be partitioned to the other tribe in the joint
use area;
(4) Repealed. Pub. L. 93-531, Sec. 30(a), as added Pub. L. 96-
305, Sec. 11, July 8, 1980, 94 Stat. 934.
(5) to make any other recommendations as are in conformity with
this subchapter and the Healing case to facilitate a settlement.
(b) The authorizations contained in subsection (a) of this section
shall be discretionary and shall not be construed to represent any
directive of the Congress.
(Pub. L. 93-531, Sec. 5, Dec. 22, 1974, 88 Stat. 1714; Pub. L. 93-531,
Sec. 30(a), as added Pub. L. 96-305, Sec. 11, July 8, 1980, 94 Stat.
934.)
Amendments
1980--Subsec. (a)(4). Pub. L. 96-305 struck out par. (4) which
authorized the Mediator to recommend, in exceptional cases where
necessary to prevent hardship, a limited tenure for residential use, not
exceeding a life estate, and a phased relocation of members of one tribe
from lands which may be partitioned to the other tribe in the joint use
area.
