109th CONGRESS
2d Session
S. 1003
IN THE HOUSE OF REPRESENTATIVES
May 3, 2006
Referred to the Committee on Resources
AN ACT
To amend the Act of December 22, 1974, and for other purposes.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Navajo-Hopi Land Settlement
Amendments of 2005'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974
Sec. 101. Repeal of sections.
Sec. 102. Short title; definitions.
Sec. 103. Joint ownership of minerals.
Sec. 105. Paiute Indian allotments.
Sec. 106. Partitioned and other designated land.
Sec. 107. Resettlement land for Navajo Tribe.
Sec. 108. Office of Navajo and Hopi Indian Relocation.
Sec. 110. Relocation of households and members.
Sec. 111. Relocation housing.
Sec. 112. Payment for use of land.
Sec. 114. Actions for accounting, fair value of grazing, and claims for
damages to land.
Sec. 116. Religious ceremonies; piping of water.
Sec. 117. Access to religious shrines.
Sec. 118. Exclusion of Payments from certain Federal determinations of
income.
Sec. 119. Authorization of exchange.
Sec. 121. Authorization of appropriations.
Sec. 122. Discretionary fund.
Sec. 123. Attorney fees and court costs.
Sec. 125. Navajo Rehabilitation Trust Fund.
Sec. 126. Availability of Funds for relocation assistance.
TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS
Sec. 202. Transfer of functions.
Sec. 203. Personnel provisions.
Sec. 204. Delegation and assignment.
Sec. 205. Reorganization.
Sec. 207. Transfer and allocations of appropriations and personnel.
Sec. 208. Incidental transfers.
Sec. 209. Effect on personnel.
Sec. 214. Additional conforming amendment.
Sec. 215. Effect of title.
Sec. 216. Effective date.
TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION
Sec. 301. Separation pay.
Sec. 302. Federal retirement.
SEC. 2. FINDINGS.
(1) the Act of December 22, 1974 (25 U.S.C. 640d et seq.) (commonly known
as the `Navajo-Hopi Land Settlement Act of 1974') was enacted to address
the century-long land disputes between the Navajo Tribe and the Hopi Tribe
and to establish a relocation process to remove, by December 31, 1986,
Navajos and Hopis from land allocated to the other tribe by requiring
the filing of a relocation plan;
(2) the Office of Navajo and Hopi Relocation was established in 1988 as
a temporary independent agency to implement a 1981 relocation plan under
that Act to relocate eligible families that lived on disputed land as
of December 22, 1974;
(3) the relocation process has been plagued with controversy and delay,
and Congress has had to amend the Act several times to authorize the expansion
of original relocation activity and to provide additional appropriations
for the implementation of relocation activities;
(4) the Office of Navajo and Hopi Indian Relocation has reviewed over
4,600 applications, considered numerous appeals, provided relocation homes
for over 3,600 families;
(5) the Office of Navajo and Hopi Indian Relocation has provided financial
assistance and technical support to the Navajo Tribe and the Hopi Tribe
to address the impacts of relocation, including the operation of livestock
grazing programs and resources to assist in the resettlement of individuals;
(6) individual Navajos and Hopis have had over 20 years during which to
apply for and receive relocation benefits or to appeal a finding of ineligibility
through the Office of Navajo and Hopi Relocation and in Federal district
court; and
(7) the Office of Navajo and Hopi Relocation has had sufficient time in
which to notify potential eligible applicants of the opportunity to receive
relocation benefits, to certify that specific individuals qualify for
such benefits, and to provide eligible individuals with replacement housing,
counseling, and other assistance to adapt to relocation on Indian land
or within non-Indian communities.
SEC. 3. EFFECT OF ACT.
Nothing in this Act, or an amendment made by this Act--
(1) limits or otherwise affects any determination of a court, including
a determination relating to an action pending as of the date of enactment
of this Act, relating to a dispute of the Navajo Indian tribe or the Hopi
Indian tribe with respect to--
(B) any settlement agreement; or
(2) authorizes any cause of action not in existence on the day before
the date of enactment of this Act.
TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974
SEC. 101. REPEAL OF SECTIONS.
(a) In General- The Act of December 22, 1974 (25 U.S.C. 640d et seq.), is
amended in the first undesignated section by striking `That, (a) within'
and all that follows through the end of the section.
(b) Additional Repeals- Sections 2 through 5 and sections 26, 28, and 30
of the Act of December 22, 1974 (25 U.S.C. 640d-1 through 640d-4; 88 Stat.
1723; 25 U.S.C. 640d-26, 640d-28), are repealed.
SEC. 102. SHORT TITLE; DEFINITIONS.
Section 6 of the Act of December 22, 1974 (25 U.S.C. 640d-5), is amended
by striking `Sec. 6. The Mediator' and all that follows through the end
of the section and inserting the following:
`SECTION 1. SHORT TITLE.
`This Act may be cited as the `Navajo-Hopi Land Settlement Act'.
`SEC. 2. DEFINITIONS.
`(1) DISTRICT COURT- The term `District Court' means the United States
District Court for the District of Arizona.
`(2) SECRETARY- The term `Secretary' means the Secretary of the Interior.
`(3) TRIBE- The term `Tribe' means--
`(A) the Navajo Indian Tribe; and
`(B) the Hopi Indian Tribe.'.
SEC. 103. JOINT OWNERSHIP OF MINERALS.
Section 7 of the Act of December 22, 1974 (25 U.S.C. 640d-6), is amended--
(1) by striking `Sec. 7. Partition' and inserting the following:
`SEC. 3. JOINT OWNERSHIP OF MINERALS.
`(a) In General- Partition'; and
(2) in the second sentence, by striking `All' and inserting the following:
`(b) Joint Management- All'.
SEC. 104. ACTIONS.
Section 8 of the Act of December 22, 1974 (25 U.S.C. 640d-7), is amended--
(1) by striking `Sec. 8. (a) Either Tribe' and inserting the following:
`SEC. 4. ACTIONS.
`(a) Actions in District Court- Either Tribe';
(A) in the first sentence, by striking `(b) Lands, if any,' and inserting
the following:
`(1) NAVAJO RESERVATION- Any land';
(B) in the second sentence, by striking `Lands, if any,' and inserting
the following:
`(2) HOPI RESERVATION- Any land'; and
(C) in the third sentence, by striking `Any lands' and inserting the
following:
`(3) JOINT AND UNDIVIDED INTERESTS- Any land';
(A) by striking `(c)(1) Either' and inserting the following:
`(1) IN GENERAL- Either';
(B) in paragraph (2), by striking `(2) In the event' and inserting the
following:
`(2) INTERESTS OF TRIBES- If';
(C) in paragraph (3), by striking `(3) Neither' and inserting the following:
`(3) DEFENSE- Neither'; and
(D) by striking `section 18' each place it appears and inserting `section
14';
(4) in subsection (d), by striking `(d) Nothing' and inserting the following:
`(d) Effect of Section- Nothing';
(5) in subsection (e), by striking `(e) The' and inserting the following:
`(e) Payment of Legal Fees, Court Costs, and Other Expenses- The'; and
(6) by striking subsection (f).
SEC. 105. PAIUTE INDIAN ALLOTMENTS.
Section 9 of the Act of December 22, 1974 (25 U.S.C. 640d-8), is amended
by striking `Sec. 9. Notwithstanding' and inserting the following:
`SEC. 5. PAIUTE INDIAN ALLOTMENTS.
SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND.
Section 10 of the Act of December 22, 1974 (25 U.S.C. 640d-9), is amended--
(1) by striking `Sec. 10. (a) Subject' and inserting the following:
`SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND.
`(a) Navajo Trust Land- Subject';
(2) in subsection (a), by striking `section 9 and subsection (a) of section
17' and inserting `sections 5 and 13(a)';
(A) by striking `(b) Subject' and inserting the following:
`(b) Hopi Trust Land- Subject';
(B) by striking `section 9 and subsection (a) of section 17' and inserting
`sections 5 and 13(a)';
(C) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `section
3 or 4'; and
(D) by striking `section 8' and inserting `section 4';
(A) by striking `(c) The' and inserting the following:
`(c) Protection of Rights and Property- The'; and
(B) by striking `pursuant thereto' and all that follows through the
end of the subsection and inserting `pursuant to this Act';
(5) in subsection (d), by striking `(d) With' and inserting the following:
`(d) Protection of Benefits and Services- With'; and
(A) by striking `(e)(1) Lands' and inserting the following:
`(e) Tribal Jurisdiction Over Partitioned Land-
(B) by adjusting the margins of subparagraphs (A) and (B) of paragraph
(1) appropriately; and
(C) in the matter following subparagraph (B)--
(i) by striking `The provisions' and inserting the following:
`(2) RESPONSIBILITY OF SECRETARY- The provisions'; and
(ii) by striking `life tenants and'.
SEC. 107. RESETTLEMENT LAND FOR NAVAJO TRIBE.
(a) In General- Section 11(a) of the Act of December 22, 1974 (25 U.S.C.
640d-10(a)), is amended--
(1) by striking `Sec. 11. (a) The Secretary' and inserting the following:
`SEC. 7. RESETTLEMENT LAND FOR NAVAJO TRIBE.
`(1) IN GENERAL- The Secretary';
(2) by striking `(1) transfer not to exceed two hundred and fifty thousand
acres of lands' and inserting the following:
`(A) transfer not more than 250,000 acres of land (including any acres
previously transferred under this Act)';
(3) by striking `Tribe: Provided, That' and all that follows
through `as possible.' and inserting `Tribe; and';
(4) in the first paragraph designated as paragraph (2)--
(A) by striking `(2) on behalf' and inserting the following:
(B) by striking the second sentence;
(5) in the matter following paragraph (1)(B) (as redesignated by paragraph
(4))--
(A) in the first sentence--
(i) by striking `Subject to' and all that follows through `all rights'
and inserting the following:
`(4) REQUIREMENTS OF TRANSFER-
`(A) IN GENERAL- Subject to this paragraph, all rights'; and
(ii) by striking `paragraph (1)' and inserting `paragraph (1)(A)';
(B) in the second sentence, by striking `So long as' and inserting the
following:
`(B) COAL LEASE APPLICATIONS-
(C) in the third sentence, by striking `If such adjudication' and inserting
the following:
`(ii) ISSUANCE OF LEASES- If an adjudication under clause (i)';
(D) in the fourth sentence, by striking `The leaseholders rights and
interests' and inserting the following:
`(iii) RIGHTS AND INTERESTS OF LEASEHOLDERS- The rights and interests
of a holder of a lease described in clause (i)'; and
(E) in the fifth sentence, by striking `If any' and inserting the following:
`(C) CLAIMS UNDER MINING LAW- If any';
(6) by inserting after paragraph (1)(B) (as redesignated by paragraph
(4)) the following:
`(A) IN GENERAL- In order to facilitate a transfer of land under paragraph
(1)(A), the Secretary may exchange land described in paragraph (1)(A)
for State or private land of equal value.
`(B) UNEQUAL VALUE- If the State or private land described in subparagraph
(A) is of unequal value to the land described in paragraph (1)(A), the
recipient of the land that is of greater value shall pay to the other
party to the exchange under subparagraph (A) compensation in an amount
not to exceed the lesser of--
`(i) the difference between the values of the land exchanged; or
`(ii) the amount that is 25 percent of the total value of the land
transferred from the Secretary to the Navajo Tribe.
`(C) RESPONSIBILITY OF SECRETARY- The Secretary shall make reasonable
efforts to reduce any payment under subparagraph (B) to the lowest practicable
amount.
`(3) TITLE TO LAND ACCEPTED- The Secretary shall accept title to land
under subparagraphs (A) and (B) of paragraph (1) on behalf of the United
States in trust for the benefit of the Navajo Tribe as a part of the Navajo
reservation.'; and
(7) in the second paragraph designated as paragraph (2)--
(A) in the first sentence--
(i) by striking `(2) Those' and inserting the following:
`(A) IN GENERAL- The'; and
(ii) by striking `subsection 2 of this section' and inserting `paragraph
(1)(B)'; and
(B) in the second sentence, by striking `The' and inserting the following:
`(B) STATE INTERESTS- The'.
(b) Proximity of Land; Exchanges of Land- Section 11(b) of the Act of December
22, 1974 (25 U.S.C. 640d-10(b)), is amended by striking `(b) A border' and
inserting the following:
`(b) Proximity of Land to Be Transferred or Acquired- A border'.
(c) Selection of Land- Section 11(c) of the Act of December 22, 1974 (25
U.S.C. 640d-10(c)), is amended--
(1) by striking `(c) Lands' and inserting the following:
`(c) Selection of Land to Be Transferred or Acquired- Land'; and
(2) by striking the period at the end and inserting the following: `:
Provided further, That the authority of the Commissioner to select
lands under this subsection shall terminate on September 30, 2008.'.
(d) Reports- Section 11(d) of the Act of December 22, 1974 (25 U.S.C. 640d-10(d)),
is amended by striking `(d) The' and inserting the following:
(e) Payments- Section 11(e) of the Act of December 22, 1974 (25 U.S.C. 640d-10(e)),
is amended by striking `(e) Payments' and inserting the following:
`(e) Payments- Payments'.
(f) Acquisition of Title to Surface and Subsurface Interests- Section 11(f)
of the Act of December 22, 1974 (25 U.S.C. 640d-10(f)), is amended--
(1) by striking `(f)(1) For' and inserting the following:
`(f) Acquisition of Title to Surface and Subsurface Interests-
(2) in paragraph (2), by striking `(2) If' and inserting the following:
`(2) PUBLIC NOTICE; REPORT- If'; and
(3) in paragraph (3), by striking `(3) In any case where' and inserting
the following:
`(3) RIGHTS OF SUBSURFACE OWNERS- If'.
(g) Land Not Available for Transfer- Section 11(g) of the Act of December
22, 1974 (25 U.S.C. 640d-10(g)), is amended by striking `(g) No' and inserting
the following:
`(g) Land Not Available for Transfer- No'.
(h) Administration of Land Transferred or Acquired- Section 11(h) of the
Act of December 22, 1974 (25 U.S.C. 640d-10(h)), is amended--
(1) by striking `(h) The lands' and inserting the following:
`(h) Administration of Land Transferred or Acquired-
`(1) IN GENERAL- The land'; and
(2) by adding at the end the following:
`(A) IN GENERAL- In order to facilitate relocation of a member of a
Tribe, the Commissioner may grant a homesite lease on land acquired
under this section to a member of the extended family of a Navajo Indian
who is certified as eligible to receive benefits under this Act.
`(B) EXCEPTION- The Commissioner may not use any funds available to
the Commissioner to carry out this Act to provide housing to an extended
family member described in subparagraph (A).'.
(i) Negotiations Regarding Land Exchanges and Leases- Section 11(i) of the
Act of December 22, 1974 (25 U.S.C. 640d-10(i)), is amended--
(1) by striking `(i) The' and inserting the following:
`(i) Negotiations Regarding Land Exchanges and Leases- The'; and
(2) by striking `section 23' and inserting `section 19'.
SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.
Section 12 of the Act of December 22, 1974 (25 U.S.C. 640d-11), is amended--
(1) by striking `Sec. 12. (a) There is hereby' and inserting the following:
`SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.
`(a) Establishment- There is';
(2) in subsection (b), by striking `(b) The' and inserting the following:
(A) by striking `(c)(1)(A) Except' and inserting the following:
`(c) Continuation of Powers-
`(1) POWERS AND DUTIES OF COMMISSIONER; EXISTING FUNDS-
`(A) POWERS AND DUTIES OF COMMISSIONER- Except';
(B) in paragraph (1)(B), by striking `(B) All' and inserting the following:
`(B) EXISTING FUNDS- All'; and
(C) in paragraph (2), by striking `(2) There are hereby' and inserting
the following:
`(2) TRANSFER OF POWERS- There are';
(A) by striking `(d)(1) Subject' and inserting the following:
`(d) Powers of Commissioner-
`(1) IN GENERAL- Subject';
(B) by adjusting the margins of subparagraphs (A) and (B) of paragraph
(1) appropriately;
(C) in paragraph (2), by striking `(2) The' and inserting the following:
`(2) CONTRACTS- The'; and
(D) in paragraph (3), by striking `(3) There' and inserting the following:
`(3) AUTHORIZATION OF APPROPRIATIONS- There';
(A) by striking `(e)(1)' and inserting the following:
`(1) ADMINISTRATIVE, FISCAL, AND HOUSEKEEPING SERVICES- ';
(i) in the first sentence, by striking `The' and inserting the following:
`(A) IN GENERAL- The'; and
(ii) in the second sentence, by striking `In any' and inserting the
following:
`(B) ASSISTANCE FROM DEPARTMENTS AND AGENCIES- In any'; and
(C) in paragraph (2), by striking `(2) On' and inserting the following:
`(2) FAILURE TO PROVIDE ASSISTANCE- On';
(6) by striking subsection (f) and inserting the following:
`(1) IN GENERAL- The Office of Navajo and Hopi Indian Relocation shall
terminate on September 30, 2008.
`(2) TRANSFER OF OFFICE DUTIES- On the date of termination of the Office,
any duty of the Office that has not been carried out, as determined in
accordance with this Act, shall be transferred to the Secretary in accordance
with title II of the Navajo-Hopi Land Settlement Amendments of 2005.';
and
(7) by adding at the end the following:
`(g) Ease of Transition- Beginning on the date of enactment of the Navajo-Hopi
Land Settlement Amendments of 2005, the Secretary may--
`(1) consult with the Commissioner regarding the transfer of the responsibilities
of the Office of Navajo and Hopi Indian Relocation to the Department of
the Interior; and
`(2) take any action the Secretary determines to be necessary to assume
the responsibilities of the Office on September 30, 2008.'.
SEC. 109. REPORT.
Section 13 of the Act of December 22, 1974 (25 U.S.C. 640d-12), is amended--
(1) by striking `Sec. 13. (a) By no' and inserting the following:
`SEC. 9. REPORT.
`(a) In General- Not'; and
(A) by striking `(b) The' and inserting the following:
`(b) Inclusions- The'; and
(B) by striking `contain, among other matters, the following:' and inserting
`include--'.
SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS.
Section 14 of the Act of December 22, 1974 (25 U.S.C. 640d-13), is amended--
(1) by striking `Sec. 14. (a)' and inserting the following:
`SEC. 10. RELOCATION OF HOUSEHOLDS AND MEMBERS.
(A) in the first sentence--
(i) by striking `Consistent' and inserting the following:
`(1) IN GENERAL- Consistent';
(ii) by striking `section 8' each place it appears and inserting `section
4';
(iii) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `section
3 or 4'; and
(iv) by inserting `, or, after September 30, 2008, the Attorney General,'
after `the Commissioner';
(B) by striking the second sentence;
(C) in the third sentence, by striking `No further' and inserting the
following:
`(2) SETTLEMENTS OF NAVAJO- No further';
(D) in the fourth sentence, by striking `No further' and inserting the
following:
`(3) SETTLEMENTS OF HOPI- No further'; and
(E) in the fifth sentence, by striking `No individual' and inserting
the following:
`(4) GRAZING- No individual';
(A) by striking `(b) In addition' and inserting the following:
`(b) Additional Payments to Heads of Households- In addition';
(B) by striking `section 15' and inserting `section 11'; and
(C) by striking `section 13' and inserting `section 9';
(4) in subsection (c), by striking `(c) No' and inserting the following:
`(c) Payments for Persons Moving After a Certain Date- No'; and
(5) by adding at the end the following:
`(d) Prohibition- No payment for benefits under this Act may be made to
any head of a household if, as of September 30, 2008, that head of household
has not been certified as eligible to receive the payment.'.
SEC. 111. RELOCATION HOUSING.
Section 15 of the Act of December 22, 1974 (25 U.S.C. 640d-14), is amended--
(1) by striking `Sec. 15. (a)' and inserting the following:
`SEC. 11. RELOCATION HOUSING.
`(a) Purchase of Habitation and Improvements- ';
(A) in the first sentence, by striking `The Commission' and inserting
the following:
`(1) IN GENERAL- The Commission'; and
(B) in the second sentence--
(i) by striking `The purchase' and inserting the following:
`(2) PURCHASE PRICE- The purchase'; and
(ii) by striking `as determined under clause (2) of subsection (b)
of section 13';
(A) by striking `(b) In addition' and inserting the following:
`(b) Reimbursement for Moving Expenses and Payment for Replacement Dwelling-
In addition';
(B) by striking `shall:' and inserting `shall--'; and
(C) in paragraph (1), by inserting `and' after the semicolon at the
end;
(A) by striking `(c) In implementing' and inserting the following:
`(c) Standards; Certain Payments-
`(1) STANDARDS- In carrying out'; and
(B) in the second sentence--
(i) by striking `No payment' and inserting the following:
`(2) CERTAIN PAYMENTS- No payment'; and
(ii) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `section
8 or section 3 or 4';
(A) by striking `(d) The' and inserting the following:
`(d) Methods of Payment- The';
(B) by striking `(1) Should' and inserting the following:
`(1) HOME OWNERSHIP OPPORTUNITY PROJECTS- Should';
(C) by striking `(2) Should' and inserting the following:
`(2) PURCHASED AND CONSTRUCTED DWELLINGS- Should'; and
(D) by striking `(3) Should' and inserting the following:
`(3) FAILURE TO ARRANGE RELOCATION- Should';
(A) by striking `(e) The' and inserting the following:
`(e) Disposal of Acquired Dwellings and Improvements- The';
(B) by striking `section 8' and inserting `section 4'; and
(C) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `section
3 or 4';
(7) in subsection (f), by striking `(f) Notwithstanding' and inserting
the following:
`(f) Preferential Treatment- Notwithstanding'; and
(8) by striking subsection (g) and inserting the following:
`(1) IN GENERAL- Not later than September 30, 2008, the Commissioner shall
notify the Secretary and each Tribe of the identity of any head of household
member of the Tribe that, as of that date--
`(A) is certified as eligible to receive benefits under this Act;
`(B) does not reside on land that has been partitioned to the Tribe;
and
`(C) has not received a replacement home.
`(2) TRANSFER OF FUNDS- Not later than September 30, 2008, and except
as provided in paragraph (4), the Commissioner shall--
`(A) transfer to the Secretary any funds not used by the Commissioner
to make payments under this Act to eligible heads of households; and
`(B) provide a notice to each Tribe regarding the amount of the funds
transferred under subparagraph (B).
`(3) DISPOSITION OF TRANSFERRED FUNDS-
`(A) IN GENERAL- The Secretary shall hold any funds transferred under
paragraph (2) for the heads of households described in paragraph (1)(A)
until the date on which a request for the funds, or a portion of the
funds, is submitted to the Secretary by--
`(i) an eligible head of household; or
`(ii) the Tribe, acting with the consent of such a head of household.
`(B) PAYMENT AMOUNTS- Of the funds held under subparagraph (A), the
Secretary shall make payments to the Tribe or heads of households described
in paragraph (1)(A) in amounts that would have been made to the heads
of households under this Act before September 30, 2008--
`(i) on receipt of a request of a head of household, to be used for
a replacement home; or
`(ii) on the date of death of the head of household, if the head of
household does not make a request under clause (i), in accordance
with subparagraph (C).
`(C) DISTRIBUTION OF FUNDS ON DEATH OF HEAD OF HOUSEHOLD- If the Secretary
holds funds under this paragraph for a head of household described in
paragraph (1)(A) on the death of the head of household, the Secretary
shall--
`(i) identify and notify any heir of the head of household, in accordance
with applicable law; and
`(ii) distribute the funds held by the Secretary for the head of household
to any heir--
`(I) immediately, if the heir is at least 18 years old; or
`(II) if the heir is younger than 18 years old on the date on which
the Secretary identified the heir, on the date on which the heir
attains the age of 18.
`(D) CLAIMS OF COMPETING HEIRS- Any claim to a distribution under subparagraph
(C) that is disputed by any competing heir of a head of household shall
be determined during the probate process in accordance with applicable
law.
`(4) DISPUTED ELIGIBILITY CLAIMS-
`(A) TRANSFER OF FUNDS- Not later than September 30, 2008, the Commissioner
shall transfer to the Secretary an appropriate percentage, as determined
by the Commissioner, of the funds not used by the Commissioner to make
payments under this Act to eligible heads of households.
`(B) DISPOSITION OF TRANSFERRED FUNDS-
`(i) IN GENERAL- The Secretary shall hold any funds transferred under
subparagraph (A) for any individual the status of whom under this
Act is the subject of a dispute with the Commissioner.
`(ii) DISTRIBUTIONS TO HEADS OF HOUSEHOLDS- If an individual described
in clause (i) is identified by the Commissioner as a head of household
described in paragraph (1), the Secretary shall distribute funds transferred
under subparagraph (A) to the individual in accordance with paragraph
(3).
`(1) IN GENERAL- To the extent not already provided, not later than 180
days after the date of enactment of the Navajo-Hopi Land Settlement Amendments
of 2005, the Commissioner shall notify each eligible head of household
who has not entered into a lease with the Hopi Tribe to reside on land
partitioned to the Hopi Tribe, in accordance with section 700.138 of title
25, Code of Federal Regulations (or a successor regulation).
`(2) LIST- On the date on which a notice period referred to in section
700.139 of title 25, Code of Federal Regulations (or a successor regulation),
expires, the Commissioner shall submit to the Secretary and the United
States Attorney for the District of Arizona a list containing the name
and address of each eligible head of household who--
`(A) continues to reside on land that has not been partitioned to the
Tribe of the head of household; and
`(B) has not entered into a lease to reside on that land.
`(3) CONSTRUCTION OF REPLACEMENT HOMES- Before July 1, 2008, but not later
than 90 days after receiving a notice of the imminent removal of a relocatee
from land provided to the Navajo Tribe or the Hopi Tribe under this Act,
the Commissioner shall--
`(A) make an eligibility determination with respect to the relocatee
in accordance with any appropriate policy or procedure; and
`(B) on a determination under subparagraph (A) that the relocatee is
eligible for relocation--
`(i) begin construction of a replacement home on any land acquired
under section 6; or
`(ii) establish a fund for the benefit of the relocatee, to be administered
in accordance with this section.
`(1) IN GENERAL- The Commissioner shall establish an expedited hearing
procedure for any appeal relating to the denial of eligibility for benefits
under this Act (including regulations promulgated pursuant to this Act)
that is pending on, or filed after, the date of enactment of Navajo-Hopi
Land Settlement Amendments of 2005.
`(2) FINAL DETERMINATIONS- The hearing procedure established under paragraph
(1) shall--
`(A) provide for a hearing before an impartial third party, as the Commissioner
determines necessary: and
`(B) ensure that a final determination is made by the Office of Navajo
and Hopi Indian Relocation for each appeal described in paragraph (1)
by not later than January 1, 2008.
`(j) Procurement of Services-
`(1) IN GENERAL- Notwithstanding any other provision of this Act, to ensure
the full and fair evaluation of an appeal hearing before an impartial
third party referred to in subsection (i)(2)(A), the Commissioner may
enter into such contracts or agreements to procure such services, and
employ such personnel (including attorneys), as the Commissioner determines
to be necessary.
`(2) DETAIL OF ADMINISTRATIVE LAW JUDGES OR HEARING OFFICERS- The Commissioner
may request the Secretary to act through the Director of the Office of
Hearings and Appeals to make available to the Office of Navajo and Hopi
Indian Relocation an administrative law judge or other hearing officer
with appropriate qualifications, as determined by the Commissioner.
`(k) Appeal to United States Circuit Court of Appeals-
`(1) IN GENERAL- Subject to paragraph (3), any individual who, under the
procedures established by the Commissioner pursuant to this section, is
determined not to be eligible to receive benefits under this Act may appeal
that determination to the United States Circuit Court of Appeals for the
Ninth Circuit (referred to in this subsection as the `Circuit Court').
`(A) IN GENERAL- The Circuit Court shall, with respect to each appeal
described in paragraph (1)--
`(i) review the entire record (as certified to the Circuit Court under
paragraph (3)) on which a determination of the ineligibility of the
appellant to receive benefits under this Act was based; and
`(ii) on the basis of that review, affirm or reverse that determination.
`(B) STANDARD OF REVIEW- The Circuit Court shall affirm any determination
that the Circuit Court determines to be supported by substantial evidence.
`(A) IN GENERAL- To the extent not already provided by this Act or other
applicable Federal law, not later than 30 days after a determination
of ineligibility under paragraph (1), an affected individual shall file
a notice of appeal with--
`(i) the Circuit Court; and
`(B) CERTIFICATION OF RECORD- On receipt of a notice under subparagraph
(A)(ii), the Commissioner shall submit to the Circuit Court the certified
record on which the determination that is the subject of the appeal
was made.
`(C) REVIEW PERIOD- Not later than 60 days after receiving a certified
record under subparagraph (B), the Circuit Court shall conduct a review
and file a decision regarding an appeal in accordance with paragraph
(2).
`(D) BINDING DECISION- A decision made by the Circuit Court under this
subsection shall be final and binding on all parties.'.
SEC. 112. PAYMENT FOR USE OF LAND.
Section 16 of the Act of December 22, 1974 (25 U.S.C. 640d-15), is amended--
(1) by striking `Sec. 16. (a) The Navajo' and inserting the following:
`SEC. 12. PAYMENT FOR USE OF LAND.
`(a) In General- The Navajo';
(2) in subsection (a), by inserting `(as in effect on the day before the
date of enactment of the Navajo-Hopi Land Settlement Amendments of 2005)'
before `sections 8 and 3 or 4'; and
(A) by striking `(b) The' and inserting the following:
(B) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `sections
8 and 3 or 4'.
SEC. 113. EFFECT OF ACT.
Section 17 of the Act of December 22, 1974 (25 U.S.C. 640d-16), is amended--
(1) by striking `Sec. 17. (a)' and inserting the following:
`SEC. 13. EFFECT OF ACT.
`(a) Title, Possession, and Enjoyment- ';
(A) in the first sentence, by striking `Nothing' and inserting the following:
`(1) IN GENERAL- Nothing'; and
(B) in the second sentence, by striking `Such' and inserting the following:
`(2) RESIDENCE ON OTHER RESERVATIONS- Any'; and
(3) in subsection (b), by striking `(b) Nothing' and inserting the following:
`(b) Federal Employees- Nothing'.
SEC. 114. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS FOR
DAMAGES TO LAND.
Section 18 of the Act of December 22, 1974 (25 U.S.C. 640d-17), is amended--
(1) by striking `Sec. 18. (a) Either' and inserting the following:
`SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS FOR
DAMAGES TO LAND.
`(a) Actions by Tribes- Either';
(2) in subsection (a), by inserting `(as in effect on the day before the
date of enactment of the Navajo-Hopi Land Settlement Amendments of 2005)'
after `section 3 or 4';
(A) by striking `(b) Neither' and inserting the following:
`(b) Defenses- Neither'; and
(B) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `section
3 or 4';
(A) by striking `(c) Either' and inserting the following:
`(c) Further Original, Ancillary, or Supplementary Acts to Ensure Quiet
Enjoyment-
`(1) IN GENERAL- Either'; and
(B) in the second sentence, by striking `Such actions' and inserting
the following:
`(2) ACTION THROUGH CHAIRMAN- An action under paragraph (1)';
(A) by striking `(d) Except' and inserting the following:
`(d) United States as Party; Judgments Against the United States-
`(1) IN GENERAL- Except'; and
(B) in the second sentence, by striking `Any judgment or judgments'
and inserting the following:
`(2) EFFECT OF JUDGMENTS- Any judgment'; and
(6) in subsection (e), by striking `(e) All' and inserting the following:
SEC. 115. JOINT USE.
Section 19 of the Act of December 22, 1974 (25 U.S.C. 640d-18), is amended--
(1) by striking `Sec. 19. (a) Notwithstanding' and inserting the following:
`SEC. 15. JOINT USE.
`(a) Reduction of Livestock-
`(1) IN GENERAL- Notwithstanding';
(2) in subsection (a)(1) (as designated by paragraph (1))--
(A) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `section
3 or 4'; and
(B) in the second sentence, by striking `The Secretary is directed to'
and inserting the following:
`(2) CONSERVATION PRACTICES AND METHODS- The Secretary shall';
(A) by striking `(b) The' and inserting the following:
`(b) Survey Location of Monuments and Fencing of Boundaries- The'; and
(B) by inserting `(as in effect on the day before the date of enactment
of the Navajo-Hopi Land Settlement Amendments of 2005)' after `sections
8 and 3 or 4' each place it appears; and
(A) by striking `(c)(1) Surveying' and inserting the following:
`(c) Surveying, Monumenting, and Fencing; Livestock Reduction Program-
`(1) SURVEYING, MONUMENTING, AND FENCING- Surveying';
(i) by striking `of this Act' and inserting `(as in effect on the
day before the date of enactment of the Navajo-Hopi Land Settlement
Amendments of 2005)'; and
(ii) by striking `section 8' and inserting `section 4'; and
(C) in paragraph (2), by striking `(2) The' and inserting the following:
`(2) LIVESTOCK REDUCTION PROGRAM- The'.
SEC. 116. RELIGIOUS CEREMONIES; PIPING OF WATER.
Section 20 of the Act of December 22, 1974 (25 U.S.C. 640d-19), is amended
by striking `Sec. 20. The members' and inserting the following:
`SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER.
SEC. 117. ACCESS TO RELIGIOUS SHRINES.
Section 21 of the Act of December 22, 1974 (25 U.S.C. 640d-20), is amended
by striking `Sec. 21. Notwithstanding' and inserting the following:
`SEC. 17. ACCESS TO RELIGIOUS SHRINES.
SEC. 118. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF
INCOME.
Section 22 of the Act of December 22, 1974 (25 U.S.C. 640d-21), is amended--
(1) by striking `Sec. 22. The availability' and inserting the following:
`SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF
INCOME.
`(a) In General- The availability'; and
(2) by striking `None of the funds' and inserting the following:
`(b) Federal and State Income Taxes- None of the funds'.
SEC. 119. AUTHORIZATION OF EXCHANGE.
Section 23 of the Act of December 22, 1974 (25 U.S.C. 649d-22), is amended--
(1) by striking `Sec. 23. The Navajo' and inserting the following:
`SEC. 19. AUTHORIZATION OF EXCHANGE.
`(a) In General- The Navajo'; and
(2) in the second sentence--
(A) by striking `In the event that the Tribes should' and inserting
the following:
`(b) Negotiated Exchanges- If the Tribes'; and
(B) by striking `sections 14 and 15' and inserting `sections 10 and
11'.
SEC. 120. SEVERABILITY.
Section 24 of the Act of December 22, 1974 (25 U.S.C. 640d-23), is amended
by striking `Sec. 24. If' and inserting the following:
`SEC. 20. SEVERABILITY.
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-24), is--
(1) moved so as to appear at the end of the Act; and
(2) amended to read as follows:
`SEC. 26. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out section 11 such sums
as are necessary for each of fiscal years 2006 through 2008.'.
SEC. 122. DISCRETIONARY FUND.
Section 27 of the Act of December 22, 1974 (25 U.S.C. 640d-25), is amended
by striking `Sec. 27.' and all that follows through `(c) The Secretary'
and inserting the following:
`SEC. 21. DISCRETIONARY FUND.
`(a) Authorization of Appropriations- There are authorized to be appropriated
to a discretionary fund of the Commissioner to carry out this Act--
`(1) $6,000,000 for the period of fiscal years 2006 through 2008; and
`(2) such sums as are necessary for each subsequent fiscal year.
`(b) Hopi High School and Medical Center- The Secretary'.
SEC. 123. ATTORNEY FEES AND COURT COSTS.
Section 29 of the Act of December 22, 1974 (25 U.S.C. 640d-27), is amended--
(1) by striking `Sec. 29. (a)' and inserting the following:
`SEC. 22. ATTORNEY FEES AND COURT COSTS.
(A) by striking `In any' and inserting the following:
`(1) IN GENERAL- In any'; and
(B) by striking `For each' and inserting the following:
`(2) AUTHORIZATION OF APPROPRIATIONS- For each';
(A) by striking `(b) Upon' and inserting the following:
`(1) IN GENERAL- On'; and
(B) in the second sentence, by striking `Any party' and inserting the
following:
`(2) REIMBURSEMENT OF UNITED STATES- Any party';
(4) in subsection (c), by striking `(c) To' and inserting the following:
`(c) Excess Difference- To'; and
(A) by striking `(d) This' and inserting the following:
`(d) Application of Section- This'; and
(B) by striking `section 8 or 18(a) of this Act' and inserting `section
4 or section 14(a)'.
SEC. 124. LOBBYING.
Section 31 of the Act of December 22, 1974 (25 U.S.C. 640d-29), is amended--
(1) by striking `Sec. 31. (a) Except' and inserting the following:
`SEC. 23. LOBBYING.
`(a) In General- Except'; and
(2) in subsection (b), by striking `(b) Subsection' and inserting the
following:
`(b) Applicability- Subsection'.
SEC. 125. NAVAJO REHABILITATION TRUST FUND.
The first section designated as section 32 of the Act of December 22, 1974
(25 U.S.C. 640d-30), is amended--
(1) by striking `Sec. 32. (a) There' and inserting the following:
`SEC. 24. NAVAJO REHABILITATION TRUST FUND.
`(a) Establishment- There';
(2) in subsection (b), by striking `(b) All' and inserting the following:
`(b) Deposit of Income Into Fund- All';
(3) in subsection (c), by striking `(c) The' and inserting the following:
`(c) Investment of Funds- The';
(A) by striking `(d) Funds' and inserting the following:
`(d) Availability of Funds- Funds';
(B) in paragraph (1), by striking `proceedings,' and inserting `proceedings;';
and
(C) in paragraph (2), by striking `Act, or' and inserting `Act; or';
(A) by striking `(e) By December 1' and inserting the following:
`(e) Expenditure of Funds-
`(1) IN GENERAL- Not later than December 1'; and
(B) in the second sentence, by striking `Such framework is to be' and
inserting the following:
`(2) REQUIREMENT- The framework under paragraph (1) shall be';
(A) by striking `(f) The' and inserting the following:
`(1) IN GENERAL- The'; and
(B) in the second sentence, by striking `All funds' and inserting the
following:
`(2) TRANSFER OF REMAINING FUNDS- All funds'; and
(7) by striking subsection (g).
SEC. 126. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.
The second section designated as section 32 of the Act of December 22, 1974
(25 U.S.C. 640-31), is amended by striking `Sec. 32. Nothing' and inserting
the following:
`SEC. 25. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.'.
TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS
SEC. 201. DEFINITIONS.
(1) FEDERAL AGENCY- The term `Federal agency' has the meaning given the
term `agency' in section 551(1) of title 5, United States Code.
(2) FUNCTION- The term `function' means any duty, obligation, power, authority,
responsibility, right, privilege, activity, or program carried out under
Federal law in accordance with the purposes of the Office.
(3) OFFICE- The term `Office' means the Office of Navajo and Hopi Relocation
(including any component of that office).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
SEC. 202. TRANSFER OF FUNCTIONS.
(a) In General- Effective beginning on September 30, 2008, there is transferred
to the Secretary any function of the Office that has not been carried out
by the Office in accordance with the Act of December 22, 1974 (25 U.S.C.
640 et seq.) (as amended by title I).
(b) Memorandum of Agreement- Not later than September 29, 2008, the Secretary,
in consultation with the Director of the Office of Management and Budget,
may enter into a memorandum of agreement with the Office, as the Secretary
determines to be appropriate to facilitate the transfer under subsection
(a).
SEC. 203. PERSONNEL PROVISIONS.
(a) Appointments- The Secretary may appoint and fix the compensation of
such officers and employees as the Secretary determines to be necessary
to carry out any function transferred under this title.
(b) Requirements- Except as otherwise provided by law--
(1) any officer or employee described in subsection (a) shall be appointed
in accordance with the civil service laws; and
(2) the compensation of such an officer or employee shall be fixed in
accordance with title 5, United States Code.
SEC. 204. DELEGATION AND ASSIGNMENT.
(a) In General- Except where otherwise expressly prohibited by law or otherwise
provided by this title, the Secretary may delegate any of the functions
transferred to the Secretary by this title and any function transferred
or granted to the Secretary after the effective date of this title to such
officers and employees of the Department of the Interior as the Secretary
may designate, and may authorize successive redelegations of such functions
as may be necessary or appropriate.
(b) Delegation- No delegation of functions by the Secretary under this section
or under any other provision of this title shall relieve the Secretary of
responsibility for the administration of the functions.
SEC. 205. REORGANIZATION.
The Secretary is authorized to allocate or reallocate any function transferred
under section 202 among the officers of the Department of the Interior,
and to establish, consolidate, alter, or discontinue such organizational
entities in the Department of the Interior as the Secretary determines to
be necessary or appropriate.
SEC. 206. RULES.
The Secretary is authorized to prescribe, in accordance with the provisions
of chapters 5 and 6 of title 5, United States Code, such rules and regulations
as the Secretary determines to be necessary or appropriate to administer
and manage the functions of the Department of the Interior.
SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
(a) In General- Except as otherwise provided in this title, the personnel
employed in connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations, allocations,
and other funds employed, used, held, arising from, available to, or to
be made available in connection with the functions transferred by this title,
subject to section 1531 of title 31, United States Code, shall be transferred
to the Department of the Interior in accordance with section 3503 of title
5, United States Code.
(b) Unexpended Funds- Unexpended funds transferred pursuant to this section
shall be used only for the purposes for which the funds were originally
authorized and appropriated.
SEC. 208. INCIDENTAL TRANSFERS.
The Secretary is authorized to make such determinations as may be necessary
to accept the functions transferred by this title, and to make such additional
incidental dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from, available to, or
to be made available in connection with such functions, as may be necessary
to carry out the provisions of this title.
SEC. 209. EFFECT ON PERSONNEL.
(a) In General- Except as otherwise provided by this title, the transfer
pursuant to this title of full-time personnel (except special Government
employees) and part-time personnel holding permanent positions shall not
cause any such employee to be separated or reduced in grade or compensation
for 1 year after the date of transfer of the employee under this title.
(b) Executive Schedule Positions- Except as otherwise provided in this title,
any person who, on the day preceding the effective date of this title, held
a position compensated in accordance with the Executive Schedule prescribed
in chapter 53 of title 5, United States Code, and who, without a break in
service, is appointed in the Department of the Interior to a position having
duties comparable to the duties performed immediately preceding such appointment
shall continue to be compensated in such new position at not less than the
rate provided for such previous position, for the duration of the service
of such person in such new position.
(c) Termination of Certain Positions- Positions whose incumbents are appointed
by the President, by and with the advice and consent of the Senate, the
functions of which are transferred by this title, shall terminate on the
effective date of this title.
SEC. 210. SEPARABILITY.
If a provision of this title or the application of this title to any person
or circumstance is held invalid, neither the remainder of this title nor
the application of the provision to other persons or circumstances shall
be affected.
SEC. 211. TRANSITION.
The Secretary is authorized to use--
(1) the services of such officers, employees, and other personnel of the
Office with respect to functions transferred to the Department of the
Interior by this title; and
(2) funds appropriated to such functions for such period of time as may
reasonably be needed to facilitate the orderly implementation of this
title.
SEC. 212. REPORTS.
(a) Fiscal Years 2007 and 2008- For each of fiscal years 2007 and 2008,
the Commissioner of the Office, in consultation with the Navajo and Hopi
Indian tribes, shall submit to Congress a report describing--
(1) the status of the Office;
(2) any progress made during the preceding year in transferring functions,
appropriations, and personnel under this title;
(3) any progress made toward, or obstacle relating to, completing the
relocation process under the Act of December 22, 1974 (25 U.S.C. 640d
et seq.) (as amended by title I);
(4) the status of the grazing management program on the area commonly
known as the `New Lands' of the Navajo Tribe; and
(5) the needs of the Navajo and Hopi Indian tribes to address the affect
of relocation activity, if any, including a financial estimate relating
to the needs.
(b) Subsequent Fiscal Years- Not later than 1 year after the effective date
of this title, and annually thereafter, the Secretary, in consultation with
the Navajo and Hopi Indian tribes, shall submit to Congress a report described
in subsection (a).
(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as are necessary to carry out this section for each of fiscal
years 2007 through 2009.
SEC. 213. REFERENCES.
Any reference in a Federal law, Executive order, rule, regulation, delegation
of authority, or document relating to--
(1) the Commissioner of the Office, with respect to functions transferred
under this title, shall be deemed to be a reference to the Secretary;
and
(2) the Office, with respect to functions transferred under this title,
shall be deemed to be a reference to the Department of the Interior.
SEC. 214. ADDITIONAL CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking the
item relating to the Commissioner of the Office.
SEC. 215. EFFECT OF TITLE.
(a) Continuing Effect of Legal Documents- Any legal document relating to
a function transferred by this title that is in effect on the effective
date of this title shall continue in effect in accordance with the terms
of the document until the document is modified or terminated by--
(3) a court of competent jurisdiction; or
(4) operation of Federal or State law.
(b) Proceedings Not Affected- This title shall not affect any proceeding
(including a notice of proposed rulemaking, an administrative proceeding,
and an application for a license, permit, certificate, or financial assistance)
relating to a function transferred under this title that is pending before
the Office of Navajo and Hopi Relocation on the effective date of this title.
SEC. 216. EFFECTIVE DATE.
This title takes effect beginning September 30, 2008.
TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION
SEC. 301. SEPARATION PAY.
The Office of Navajo and Hopi Relocation (referred to in this title as the
`Office') may request funding for, and offer to any employee of the Office,
voluntary separation incentive payments in accordance with subchapter II
of chapter 35 of title 5, United States Code.
SEC. 302. FEDERAL RETIREMENT.
The Office may request funding for, and offer to any employee of the Office,
voluntary early retirement in accordance with sections 8336(d)(2) and 8414(b)(1)
of title 5, United States Code.
Passed the Senate May 2, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary.
END
