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16 U.S.C. § 228iHavasupai Indian Reservation

submitted 51 years ago by Pub. L. 93-620 to r/title-16-CONSERVATION · 1,191 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law puts about 185,000 acres known as the Havasupai Reservation Addition into trust for the Havasupai Tribe, to be run like other trust Indian lands with limits on commercial use. It sets grazing rules for the Raintank Allotment and lets the tribe use another 95,300 acres called Havasupai Use Lands. It also declares any tribal claim to land not covered by these rules extinguished.

(a) Lands of Havasupai Reservation Addition held in trust; boundaries. To help the Havasupai Tribe improve its members' social, cultural, and economic life, about 185,000 acres called the "Havasupai Reservation Addition" are now held by the United States in trust for the tribe. A map on file with the Secretary in Washington, D.C. shows the exact boundary, which generally runs a quarter mile from the rim of the Grand Canyon's outer gorge and follows Havasu Creek between two named points. (b) Lands held in trust included within Reservation; administration; specific restrictions. This trust land becomes part of the Havasupai Reservation and is managed under the same laws that apply to other trust Indian lands, with seven specific rules: (1) the tribe may use the land for traditional and religious purposes, including gathering wild foods, paints, and medicines; (2) the tribe may use the land for farming and grazing, as long as the land can support it, as the Secretary decides; (3) historical burial grounds may keep being used as burial grounds; (4) the Secretary, working with the Havasupai Tribal Council, must study and create a land-use plan, which must go through public review, public hearings, and be sent to Congress at least 90 days before it takes effect — and any later changes to the plan follow the same process; (5) no commercial timber cutting, commercial mining, or commercial or industrial development is allowed, though the Secretary can approve small tribal businesses that fit the land-use plan; (6) non-tribal members can cross the land at Secretary-approved locations to reach nearby park land, and with the tribe's consent, may temporarily use the land for recreation under the approved plan or buy hunting licenses from the tribe, subject to Secretary rules; and (7) apart from those six allowed uses, the land must stay forever wild, and the plan cannot allow anything that would hurt its scenic and natural qualities. (c) Conservation measures; Federal programs; right of access. The Secretary must set up and maintain conservation measures for this land, including protecting it from fire, disease, insects, trespassing, erosion, harmful land use, overgrazing, and pollution. The Secretary can contract with the Secretary of Agriculture for help with this. The tribe can use any federal program available to other Indian tribes for their well-being, as long as the program fits the purposes of this group of laws. The Secretary keeps a right of access to this land to manage and preserve Grand Canyon National Park resources. Nothing here blocks tribal members from reaching sacred or religious places, burial grounds, native foods, paints, materials, or medicines on public land not otherwise covered by these laws. (d) Grazing rights on the Raintank Allotment. Anyone already grazing livestock under a federal permit or lease on the part of Kaibab National Forest called the "Raintank Allotment" — now included in the Havasupai Reservation — can keep grazing there, but no permit or renewal can extend more than ten years past January 3, 1975. After that, all rights to use that land transfer to the tribe under the same terms as the rest of the reservation land described in subsection (b). (e) Havasupai Use Lands. Subject to reasonable rules the Secretary sets to protect scenery, nature, and wildlife, the Secretary must let the tribe use about 95,300 acres inside Grand Canyon National Park called "Havasupai Use Lands" for grazing and other traditional purposes. (f) Extinguishment of other tribal claims. By passing this group of laws, Congress declares that any tribal right, title, or interest in land not specifically placed in trust for the Havasupai Tribe or otherwise covered by these laws is extinguished — meaning the tribe gives up any claim to land not covered here.
the actual law source: uscode.house.gov ↗public domain
(a) Lands of Havasupai Reservation Addition held in trust by United States; boundaries

For the purpose of enabling the tribe of Indians known as the Havasupai Indians of Arizona (hereinafter referred to as the “tribe”) to improve the social, cultural, and economic life of its members, the lands generally depicted as the “Havasupai Reservation Addition” on the map described in section 228b of this title, and consisting of approximately one hundred and eighty-five thousand acres of land and any improvements thereon, are hereby declared to be held by the United States in trust for the Havasupai Tribe. Such map, which shall delineate a boundary line generally one-fourth of a mile from the rim of the outer gorge of the Grand Canyon of the Colorado River and shall traverse Havasu Creek from a point on the rim at Yumtheska Point to Beaver Falls to a point on the rim at Ukwalla Point, shall be on file and available for public inspection in the Offices of the Secretary, Department of the Interior, Washington, District of Columbia.

(b) Lands held in trust by United States included within Reservation; administration pursuant to laws and regulations applicable to other trust Indian lands; specific administrative criteria and restrictions

The lands held in trust pursuant to this section shall be included in the Havasupai Reservation, and shall be administered under the laws and regulations applicable to other trust Indian lands: Provided, That—

(1)

the lands may be used for traditional purposes, including religious purposes and the gathering of, or hunting for, wild or native foods, materials for paints and medicines;

(2)

the lands shall be available for use by the Havasupai Tribe for agricultural and grazing purposes, subject to the ability of such lands to sustain such use as determined by the Secretary;

(3)

any areas historically used as burial grounds may continue to be so used;

(4)

a study shall be made by the Secretary, in consultation with the Havasupai Tribal Council, to develop a plan for the use of this land by the tribe which shall include the selection of areas which may be used for residential, educational, and other community purposes for members of the tribe and which shall not be inconsistent with, or detract from, park uses and values; Provided further, That before being implemented by the Secretary, such plan shall be made available through his offices for public review and comment, shall be subject to public hearings, and shall be transmitted, together with a complete transcript of the hearings, at least 90 days prior to implementation, to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and Provided further, That any subsequent revisions of this plan shall be subject to the same procedures as set forth in this paragraph;

(5)

no commercial timber production, no commercial mining or mineral production, and no commercial or industrial development shall be permitted on such lands: Provided further, That the Secretary may authorize the establishment of such tribal small business enterprises as he deems advisable to meet the needs of the tribe which are in accordance with the plan provided in paragraph (4) of this subsection;

(6)

nonmembers of the tribe shall be permitted to have access across such lands at locations established by the Secretary in consultation with the Tribal Council in order to visit adjacent parklands, and with the consent of the tribe, may be permitted (i) to enter and temporarily utilize lands within the reservation in accordance with the approved land use plan described in paragraph (4) of this subsection for recreation purposes or (ii) to purchase licenses from the tribe to hunt on reservation lands subject to limitations and regulations imposed by the Secretary of the Interior; and

(7)

except for the uses permitted in paragraphs 1 through 6 of this subsection, the lands hereby transferred to the tribe shall remain forever wild and no uses shall be permitted under the plan which detract from the existing scenic and natural values of such lands.

(c) Establishment, maintenance, and implementation of conservation measures; availability of Federal programs relating to Indians; right of access to lands for implementation of Federal projects, resource management and preservation, and tribal religious, etc., functions

The Secretary shall be responsible for the establishment and maintenance of conservation measures for these lands, including, without limitation, protection from fire, disease, insects, or trespass and reasonable prevention or elimination of erosion, damaging land use, overgrazing, or pollution. The Secretary of the Interior is authorized to contract with the Secretary of Agriculture for any services or materials deemed necessary to institute or carry out any such measures. Any authorized Federal programs available to any other Indian tribes to enhance their social, cultural, and economic well-being shall be deemed available to the tribe on these lands so long as such programs or projects are consistent with the purposes of sections 228a to 228j of this title. For these purposes, and for the purpose of managing and preserving the resources of the Grand Canyon National Park, the Secretary shall have the right of access to any lands hereby included in the Havasupai Reservation. Nothing in sections 228a to 228j of this title shall be construed to prohibit access by any members of the tribe to any sacred or religious places or burial grounds, native foods, paints, materials, and medicines located on public lands not otherwise covered in sections 228a to 228j of this title.

(d) Grazing rights on the Raintank Allotment; continuation and renewal

The Secretary shall permit any person presently exercising grazing privileges pursuant to Federal permit or lease in that part of the Kaibab National Forest designated as the “Raintank Allotment”, and which is included in the Havasupai Reservation by this section, to continue in the exercise thereof, but no permit or renewal shall be extended beyond the period ending ten years from January 3, 1975, at which time all rights of use and occupancy of the lands will be transferred to the tribe subject to the same terms and conditions as the other lands included in the reservation in paragraph (b) of this section.

(e) Havasupai Use Lands; use for grazing and other traditional purposes subject to regulations

The Secretary, subject to such reasonable regulations as he may prescribe to protect the scenic, natural, and wildlife values thereof, shall permit the tribe to use lands within the Grand Canyon National Park which are designated as “Havasupai Use Lands” on the Grand Canyon National Park boundary map described in section 228b of this title, and consisting of approximately ninety-five thousand three hundred acres of land, for grazing and other traditional purposes.

(f) Extinguishment of all tribal right, title, and interest in lands not otherwise declared as held in trust or covered by provisions enlarging park

By the enactment of sections 228a to 228j of this title, the Congress recognizes and declares that all right, title, and interest in any lands not otherwise declared to be held in trust for the Havasupai Tribe or otherwise covered by sections 228a to 228j of this title is extinguished.

Source credit: (Pub. L. 93–620, § 10, Jan. 3, 1975, 88 Stat. 2091; Pub. L. 103–437, § 6(a)(2), Nov. 2, 1994, 108 Stat. 4583.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 93-620 · 88 Stat. 2091
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4583

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-620 on 1975-01-03.

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