25 U.S.C. § 640D
Section 640d · Mediator
This is the Navajo and Hopi Indian Relocation Amendments
Amended 1 time on record
Applied in 31 court decisions — leading case Hopi Tribe v. Navajo Tribe (1995)
Most recently applied in Johnnie Fuson v. Office of Navajo and Hopi Indian Relocation (April 2025)
Within thirty days after December 22, 1974, the Director of the Federal Mediation and Conciliation Service shall appoint a Mediator (hereinafter referred to as the “Mediator”) who shall assist in the negotiations 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, aff'd 363 U.S. 758, 1963) (hereinafter referred to as the “Healing case”), of the Hopi and Navajo Tribes (hereinafter referred to as the “tribes”) to and in lands within the reservation established by the Executive order of December 16, 1882, except land management district no. 6 (such lands hereinafter referred to as the “joint use area”). The Mediator shall not have any interest, direct or indirect, in the settlement of the interests and rights set out in this subsection. The duties of the Mediator shall cease upon the entering of a full agreement into the records of the supplemental proceedings pursuant to section 640d–2 of this title or the submission of a report to the District Court after a default in negotiations or a partial agreement pursuant to section 640d–3 of this title.
The proceedings in which the Mediator shall be acting under the provisions of this subchapter shall be the supplemental proceedings in the Healing case now pending in the United States District Court for the District of Arizona (hereinafter referred to as “the District Court”).
(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 subchapter. Each such department, agency, or instrumentality 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.
(2) To facilitate the expeditious and orderly compilation and development of factual information relevant to the negotiating process, the President shall, within fifteen days of December 22, 1974, 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.
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.
The Mediator may retain the services of such staff assistants and consultants as he shall deem necessary, subject to the approval of the Director of the Federal Mediation and Conciliation Service.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Short Title of 1991 Amendment
Pub. L. 102–180, §1, Dec. 2, 1991, 105 Stat. 1230, provided that: “This Act [amending sections 640d–11 and 640d–24 of this title and section 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 640d–11 of this title] may be cited as the ‘Navajo-Hopi Relocation Housing Program Reauthorization Act of 1991’.”
Short Title of 1988 Amendment
Pub. L. 100–666, §1, Nov. 16, 1988, 102 Stat. 3929, provided that: “This Act [enacting sections 640d–29 and 640d–30 of this title, amending sections 640d–7, 640d–9 to 640d–14, 640d–22, 640d–24, 640d–25, and 640d–28 of this title, and enacting provisions set out as a note under section 640d–11 of this title] may be cited as the ‘Navajo and Hopi Indian Relocation Amendments of 1988’.”
Short Title of 1980 Amendment
Pub. L. 96–305, §1, July 8, 1980, 94 Stat. 929, provided: “That this Act [enacting sections 640d–25 to 640d–28 of this title and amending sections 640d–4, 640d–7, 640d–9 to 640d–12, 640d–14, 640d–18, 640d–22, and 640d–24 of this title] may be cited as the ‘Navajo and Hopi Indian Relocation Amendments Act of 1980’.”
Executive Order No. 11829
Ex. Ord. No. 11829, Jan. 6, 1975, 40 F.R. 1497, as amended by Ex. Ord. No. 11853, Apr. 17, 1975, 40 F.R. 17537, which established the Hopi-Navajo Land Settlement Interagency Committee and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, §11, Aug. 17, 1982, 47 F.R. 36099, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.