Page:United States Statutes at Large Volume 88 Part 2.djvu/396

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PUBLIC LAW 93-531-DEC. 22, 1974

[88 STAT.

Public Law 93-531 December 22, 1974 [ H. R. 10337]

AN ACT

To provide for final settlement ot the conflicting riglits and interests of the Hopi and Navajo Tribes to and in lands lying within the joint nse area of the reservation established by the Executive order of December 16, 1882, and lands lying within the reservation created by the Act of June 14, 1934, and for other purposes.

Be It enacted by the Senate and House of Representatives of the Hopf^nd Vnited /States of America h Congress assembled, That, (a) within Navajo Tribes. thirty days after enactment of this Act, the Director of the Federal Mediator. Mediation and Conciliation Service shall appoint a Mediator (herein25 USC 640d. after referi'ecl to as the "Mediator") who shall assist in the ner^otiations for the settlement and partition of the relative rights and interests, as determined by the decision in the case of Healing v. Jones (210 F. Supp. 125, D. "Ariz., 1962, afl"d 363 XLS. 758, 1963) (hereinafter referred to as the "Healing case"), of the Hopi and Navajo Tribes (hereinafter referred to as the "tr-ibes") to and in lands within the reservation established by the Executive order of December 16, 1882, except land management district no. 6 (snch lands her-anafter referred to as the "joint nse area"). The Mediator shall not have any interest, direct or indirect, in the settlement of the interests and rights set ont in this subsection. The dnties of the Mediator shall cease npon the entering of a fnll agreement into the records of the snpplemental proceedings pursuant to section 3 or the submission of a report to the District Conrt after- a defanlt in negotiations or a partial agreement pursuant to section 4. (b) The proceedings in which the Mediator shall be acting under the provisions of this x\ct shall be the supplemental ]n-oceedings in the Healing case now pending in the United States District Court for the District of Arizona (hereinafter referred to as "the District Court"). (c)(1) The Mediator is authorized to request from any department, agency, or independent instrumentality of the Federal Government any information, personnel, service, or materials he deems necessary to carry out his responsibilities under the provisions of this Act. Each such department, agency, or insti-umentality is authorized to cooperate with the Mediator and to comply with such requests to the extent permitted by law, on a reimbursable or nonreimbursable basis. commiuee""^ (2) To facilitate the expeditious and orderly compilation and Establishment, development of factual information relevant to the negotiating process, the President shall, within fifteen days of enactment of this Act, establish an interagency committee chaired by the Secretary of the Interior (hereinafter referred to as the "Secretary") to develop relevant information and to respond to the requests of the Mediator. (d) The Secretary shall appoint a full-time representative as his liaison with the Mediator to facilitate the provision of information and assistance requested by the Mediator from the Department of the Interior. (e) The Mediator may retain the services of such staff assistants and consviltants as he shall deem necessary, subject to the approval of the Director of the Federal Mediation and Conciliation Service. Negotiating gj,^^ 2. (a) Within thirty days after enactment of this Act, the Secteam. 2 5 "use 640d.i. retary shall communicate in writing with the tribal councils of the tribes directing the appointment of a negotiating team representing each tribe. Each negotiating team shall be composed of not more than five members to be certified by appropriate resolution of the respective tribal council. Each tribal council shall promptly fill any vacancies which may occur on its negotiating team. Notwithstanding any other

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