Page:United States Statutes at Large Volume 88 Part 2.djvu/398

 1714

rewe'w'and^r°ec-*' ommendations.

Hearing.

guid"ws"' 25 USC 640d-4.

Restoration

Repo^t^- ^^^^ ^ 25 USC 640d-5. o= T,o^ ^^^j c

PUBLIC LAW 93-531-DEC. 22, 1974

[88 STAT.

recommendations for the settlement of the interests and rights set out in subsection (a) of section 1 which shall be most reasonable and equitable in light of the law and circumstances and consistent with the provisions of thls Act. Followlug the District Court's review of the Tcport aud recommendatious (which are not binding thereon) and any further proceedings which the District Court may schedule, the District Court is authorized to make a final adjudication, including partition of the joint use area, and enter the judgments in the supplemental proceedings in the Healing case. (b) Any procccdiugs as authorized in subsection (a) hereof shall be assigned for hearing at the earliest possible date, shall take precedence over all other matters pending on the docket of the District Court at that time, and shall be expedited in every way by the Court. SEC. 5. (a) For the purpose of facilitating an agreement pursuant to section o or preparing a report pursuant to section 4, the Mediator is authorized—(1) notwithstanding the provisions of section 2 of the Act of May 25, 1918 (40 Stat. 570), 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 bc undertaken a program of restoration of lands lying within the joint use area, employing for such purpose funds authorized by this Act, funds of either tribe, or funds under any other authority of law; (8) 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) to recommend, in exceptional cases where necessary to prcNent personal 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; and (5) to make any other recommendations as are in conformity with this Act 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. SEC. 6. The Mediator in i^reparing his report, and the District QQ^J.^ jj^ making the final adjudication, pursuant to section 4, 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 subsection (b) of section 3; 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.

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