102 STAT. 3932

PUBLIC LAW 100-666—NOV. 16, 1988

NEW DEVELOPMENT ON CERTAIN LANDS

SEC. 6. Subsection (f) of section 10 of Public Law 93-531 (25 U.S.G
640d-9(f)) is amended—

(1) by striking out "Any development" and inserting in lieu
thereof "(1) Any development", and

(2) by adding at the end thereof the following new paragraphs:
"(2) Each Indian tribe which receives a written request for the

consent of the Indian tribe to a particular improvement, construc-
tion, or other development on the lands to which paragraph (1)
applies shall respond in writing to such request by no later than the
date that is 30 days after the date on which the Indian tribe receives
the request. If the Indian tribe refuse to consent to the improve-
ment, construction, or other development, the response shall include
the reasons why consent is being refused.

"(3XA) Paragraph (1) shall not apply to any improvement,
construction, or other development if—

"(i) such improvement, construction, or development does not
involve new housing construction, and

Safety. "(ii) after the Navajo Tribe or Hopi Tribe has refused to

consent to such improvement, construction, or development (or
after the close of the SOnday period described in paragraph (2), if
the Indian tribe does not respond within such period in writing
to a written request for such consent), the Secretary of the
Interior determines that such improvement, construction, or
development is necessary for the health or safety of the Navajo
Tribe, the Hopi Tribe, or any individual who is a member of
either tribe.

Safety. "(B) If a written request for a determination described in subpara-

graph (AXH) is submitted to the Secretary of the Interior after the
Navajo Tribe or Hopi Tribe has refused to consent to any improve-
ment, construction, or development (or after the close of the 30-day
period described in paragraph (2), if the Indian tribe does not
respond within such period in writing to a written request for such
consent), the Secretary shall, by no later than the date that is 45
days after the date on which such request is submitted to the
Secretary, determine whether such improvement, construction, or
development is necessary for the health or safety of the Navajo
Tribe, the Hopi Tribe, or any individual who is a member of either
Tribe.

"(C) Any development that is undertaken pursuant to this section
shall be without prejudice to the rights of the parties in the civil
action pending before the United States District Court for the
District of Arizona commenced pursuant to section 8 of this Act, as
amended.".

NAVAJO REHABILITATION TRUST FUND

SBC. 7. Public Law 93-531 is amended by adding at the end thereof
the following new section:

25 USC 640d-30. "Sec. 32. (a) There is hereby established in the Treasury of the
United States a trust fund to be known as the 'Navajo Rehabilita-
tion Trust Fund', which shall consist of the funds transferred under
subsection (b) and of the funds appropriated pursuant to subsection
(f) and any interest or investment income accrued on such funds.

"(b) All of the net income derived by the Navajo Tribe from the
surface and mineral estates of lands located in New Mexico that are

Courts, U.S.
Arizona.