Page:United States Statutes at Large Volume 102 Part 4.djvu/962

 102 STAT. 3932

PUBLIC LAW 100-666—NOV. 16, 1988 NEW DEVELOPMENT ON CERTAIN LANDS

Safety.

Safety.

Courts, U.S. Arizona.

SEC. 6. Subsection (f) of section 10 of Public Law 93-531 (25 U.S.C. 640d-9(f)) is amended— (1) by sti-iking out "Any development" and inserting in lieu thereof "(1) Any development", and (2) by adding a t the end thereof the following new paragraphs: "(2) Each Indian tribe which receives a written request for the consent of the Indian tribe to a particular improvement, construction, or other development on the lands to which paragraph (1) applies shall respond in writing to such request by no later than the date that is 30 days after the date on which the Indian tribe receives the request. If the Indian tribe refuse to consent to the improvement, construction, or other development, the response shall include the reasons why consent is being refused. "(3)(A) Paragraph (1) shall not apply to any improvement, construction, or other development if^ "(i) such improvement, construction, or development does not involve new housing construction, and "(ii) after the Navajo Tribe or Hopi Tribe has refused to consent to such improvement, construction, or development (or after the close of the 30-day period described in paragraph (2), if the Indian tribe does not respond within such period in writing to a written request for such consent), the Secretary of the Interior determines that such improvement, construction, or development is necessary for the health or safety of the Navajo Tribe, the Hopi Tribe, or any individual who is a member of either tribe. "(B) If a written request for a determination described in subparagraph (A)(ii) is submitted to the Secretary of the Interior after the Navajo Tribe or Hopi Tribe has refused to consent to any improvement, construction, or development (or after the close of the 30-day period described in paragraph (2), if the Indian tribe does not respond within such period in writing to a written request for such consent), the Secretary shall, by no later than the date that is 45 days after the date on which such request is submitted to the Secretary, determine whether such improvement, construction, or development is necessary for the health or safety of the Navajo Tribe, the Hopi Tribe, or any individual who is a member of either Tribe. "(C) Any development that is undertaken pursuant to this section shall be without prejudice to the rights of the parties in the civil action pending before the United States District Court for the District of Arizona commenced pursuant to section 8 of this Act, as amended.". NAVAJO REHABnJTATION TRUST FUND

25 USC 640d-30.

SEC. 7. Public Law 93-531 is amended by adding at the end thereof the following new section: "SEC. 32. (a) There is hereby established in the Treasury of the United States a trust fund to be known as the 'Navajo Rehabilitation TVust Fund', which shall consist of the funds transferred under subsection (b) and of the funds appropriated pursuant to subsection (f) and any interest or investment income accrued on such funds. "(b) All of the net income derived by the Navajo Tribe from the surface and mineral estates of lands located in New Mexico that are

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