Page:United States Statutes at Large Volume 110 Part 5.djvu/577

 PUBLIC LAW 104-301—OCT. 11, 1996 110 STAT. 3651 (A) at least 85 percent of the eligible Navajo heads of household (as determined under the Settlement Agreement) have entered into an accommodation or have chosen to relocate and are eligible for relocation assistance (as determined under the Settlement Agreement); and (B) the Tribe has consulted with the State of Arizona concerning the lands proposed to be placed in trust, including consulting with the State concerning the impact of placing those lands into trust on the State and political subdivisions thereof resulting from the removal of land from the tax rolls in a manner consistent with the provisions of part 151 of title 25, Code of Federal Regulations. (3) PROHIBITION. —The Secretary may not, pursuant to the f)rovisions of this Act and the Settlement Agreement, place ands, any portion of which are located within or contiguous to a 5-mile radius of an incorporated town or city (as those terms are defined by the Secretary) in northern Arizona, into trust for benefit of the Tribe without specific statutory authority. (4) EXPEDITIOUS ACTION BY THE SECRETARY. —Consistent with all other provisions of this Act, the Secretary is directed to take lands into trust under this Act expeditiously and without undue delay. SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN INTER- 25 USC 640d SPERSED LANDS. note. (a) IN GENERAL. — Arizona. (1) ACTION BY THE SECRETARY.— (A) IN GENERAL. — The Secretary shall take action as specified in subparagraph (B), to the extent that the Tribe, in accordsince with section 7(b) of the Settlement Agreement— (i) acquires private lands; and (ii) requests the Secretary to acquire through condemnation interspersed lands that are owned by the State of Arizona and eire located within the exterior boundaries of those private lands in order to have both the private lands and the State Isuids taken into trust by the Secretary for the benefit of the Tribe. (B) ACQUISITION THROUGH CONDEMNATION.—With respect to a request for an acquisition of lands through condemnation made under subparagraph (A), the Secretary shall, upon the recommendation of the Tribe, take such action as may be necessary to acquire the lands through condemnation and, with ftmds provided by the Tribe, pay the State of Arizona fair market value for those lands in accordance with applicable Federal law, if the conditions described in paragraph (2) are met. (2) CONDITIONS FOR ACQUISITION THROUGH CONDEMNA- TION.—The Secretary may acquire lands through condemnation under this subsection if— (A) that acquisition is consistent with the purpose of obtaining not more than 500,000 acres of land to be taken into trust for the Tribe; (B) the State of Arizona concurs with the United States that the acquisition is consistent with the interests of the State; and 29-194O-96 - 19:QL3Part5

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