§ 640d-5. — Considerations and guidelines for preparation of report by Mediator and final adjudication by District Court.
[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-5]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 640d-5. Considerations and guidelines for preparation of
report by Mediator and final adjudication by District Court
The Mediator in preparing his report, and the District Court in
making the final adjudication, pursuant to section 640d-3 of this title,
shall consider and be guided by the decision of the Healing case, under
which the tribes have joint, undivided, and equal interests in and to
all of the joint use area; by any partial agreement reached by the
parties under section 640d-2(b) of this title; by the last best offer
for a complete settlement as a part of the negotiating process by each
of the tribes; and by the following:
(a) The rights and interests, as defined in the Healing case, of the
Hopi Tribe in and to that portion of the reservation established by the
Executive order of December 16, 1882, which is known as land management
district no. 6 (hereinafter referred to as the ``Hopi Reservation'')
shall not be reduced or limited in any manner.
(b) The boundary lines resulting from any partitioning of lands in
the joint use area shall be established so as to include the higher
density population areas of each tribe within the portion of the lands
partitioned to such tribe to minimize and avoid undue social, economic,
and cultural disruption insofar as practicable.
(c) In any division of the surface rights to the joint use area,
reasonable provision shall be made for the use of and right of access to
identified religious shrines for the members of each tribe on the
reservation of the other tribe where such use and access are for
religious purposes.
(d) In any partition of the surface rights to the joint use area,
the lands shall, insofar as is practicable, be equal in acreage and
quality: Provided, That if such partition results in a lesser amount of
acreage, or value, or both to one tribe such differential shall be fully
and finally compensable to such tribe by the other tribe. The value of
the land for the purposes of this subsection shall be based on not less
than its value with improvements and its grazing capacity fully
restored: Provided further, That, in the determination of compensation
for any such differential, the Federal Government shall pay any
difference between the value of the particular land involved in its
existing state and the value of such land in a fully restored state
which results from damage to the land which the District Court finds
attributable to a failure of the Federal Government to provide
protection where such protection is or was required by law or by the
demands of the trust relationship.
(e) Any lands partitioned to each tribe in the joint use area shall,
where feasible and consistent with the other provisions of this section,
be contiguous to the reservation of each such tribe.
(f) Any boundary line between lands partitioned to the two tribes in
the joint use area shall, insofar as is practicable, follow terrain
which will facilitate fencing or avoid the need for fencing.
(g) Any claim the Hopi Tribe may have against the Navajo Tribe for
an accounting of all sums collected by the Navajo Tribe since September
17, 1957, as trader license fees or commissions, lease rental, or
proceeds, or other similar charges for doing business or for damages in
the use of lands within the joint use area, shall be for a one-half
share in such sums.
(h) Any claim the Hopi Tribe may have against the Navajo Tribe for
the determination and recovery of the fair value of the grazing and
agricultural use of the lands within the joint use area by the Navajo
Tribe and its individual members, since September 28, 1962, shall be for
one-half of such value.
(Pub. L. 93-531, Sec. 6, Dec. 22, 1974, 88 Stat. 1714.)
