[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1973 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1973

To provide for the settlement of the Navajo-Hopi land dispute, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 1996

  Mr. McCain introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the settlement of the Navajo-Hopi land dispute, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Navajo-Hopi Land Dispute Settlement 
Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) it is in the public interest for the Tribe, Navajos 
        residing on the Hopi Partitioned Lands, and the United States 
        to reach a peaceful resolution of the longstanding 
        disagreements between the parties under the Act commonly known 
        as the ``Navajo-Hopi Land Settlement Act of 1974'' (Public Law 
        93-531; 25 U.S.C. 640d et seq.);
            (2) it is in the best interest of the Tribe and the United 
        States that there be a fair and final settlement of certain 
        issues remaining in connection with the Navajo-Hopi Land 
        Settlement Act of 1974, including the full and final settlement 
        of the multiple claims that the Tribe has against the United 
        States;
            (3) this Act, together with the Settlement Agreement 
        executed on December 14, 1995, and the Accommodation Agreement 
        (as incorporated by the Settlement Agreement), provide the 
        authority for the Tribe to enter agreements with eligible, 
        traditional Navajo families in order for those families to 
        remain residents of the Hopi Partitioned Lands for a period of 
        75 years, subject to the terms and conditions of the 
        Accommodation Agreement;
            (4) the United States acknowledges and respects--
                    (A) the sincerity of the traditional beliefs of the 
                members of the Tribe and the Navajo families residing 
                on the Hopi Partitioned Lands; and
                    (B) the importance that the respective traditional 
                beliefs of the members of the Tribe and Navajo families 
                have with respect to the culture and way of life of 
                those members and families;
            (5) this Act, the Settlement Agreement, and the 
        Accommodation Agreement provide for the mutual respect and 
        protection of the traditional religious beliefs and practices 
        of the Navajo families residing on the Hopi Partitioned Lands; 
        and
            (6) the Tribe is encouraged to work with the Navajo 
        families residing on the Hopi Partitioned Lands to address 
        their concerns regarding the establishment of family or 
        individual burial plots for deceased family members who have 
        resided on the Hopi Partitioned Lands.

SEC. 3. DEFINITIONS.

    Except as otherwise provided in this Act, for purposes of this Act, 
the following definitions shall apply:
            (1) Accommodation.--The term ``Accommodation'' has the 
        meaning provided the term ``Accommodation'' under the 
        Settlement Agreement.
            (2) Hopi partitioned lands.--The term ``Hopi Partitioned 
        Lands'' means lands located in the Hopi Partitioned Area, as 
        defined in section 168.1(g) of title 25, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (3) Navajo partitioned lands.--The term ``Navajo 
        Partitioned Lands'' has the meaning provided that term in the 
        proposed regulations issued on November 1, 1995, at 60 Fed. 
        Reg. 55506.
            (4) New lands.--The term ``New Lands'' has the meaning 
        provided that term in section 700.701(b) of title 25, Code of 
        Federal Regulations.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Settlement agreement.--The term ``Settlement 
        Agreement'' means the agreement between the United States and 
        the Hopi Tribe executed on December 14, 1995.
            (7) Tribe.--The term ``Tribe'' means the Hopi Tribe.

SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

    The United States approves, ratifies, and confirms the Settlement 
Agreement.

SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.

    The Secretary shall take such action as may be necessary to ensure 
that the following conditions are met prior to taking lands into trust 
for the benefit of the Tribe pursuant to the Settlement Agreement:
            (1) Selection of lands taken into trust.--
                    (A) Primary area.--In accordance with section 7(a) 
                of the Settlement Agreement, the primary area within 
                which lands may be taken into trust by the Secretary 
                for the benefit of the Tribe under the Settlement 
                Agreement shall be located in northern Arizona.
                    (B) Requirements for lands taken into trust in the 
                primary area.--Lands taken into trust in the primary 
                area referred to in subparagraph (A) shall be--
                            (i) land that is used substantially for 
                        ranching, agriculture, or another similar use; 
                        and
                            (ii) to the extent feasible, in contiguous 
                        parcels.
            (2) Acquisition of lands.--Before taking any land into 
        trust for the benefit of the Tribe under this section, the 
        Secretary shall ensure that:
                    (A) At least 75 percent of the eligible Navajo 
                heads of household (as determined under the Settlement 
                Agreement) have entered into an accommodation or have 
                chosen to relocate and are eligible for relocation 
                assistance (as determined under the Settlement 
                Agreement).
                    (B) The Tribe has consulted with the State of 
                Arizona concerning the lands proposed to be placed in 
                trust, including consulting the State concerning the 
                impact of placing those lands into trust on the State 
                and political subdivisions thereof resulting from the 
                removal of land from the tax rolls in a manner 
                consistent with the provisions of part 151 of title 25, 
                Code of Federal Regulations.

SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN INTERSPERSED LANDS.

    (a) In General.--
            (1) Action by the secretary.--
                    (A) In general.--The Secretary shall take action as 
                specified in subparagraph (B), to the extent that the 
                Tribe, in accordance with section 7(b) of the 
                Settlement Agreement--
                            (i) acquires private lands; and
                            (ii) requests the Secretary to acquire 
                        through condemnation interspersed lands that 
                        are owned by the State of Arizona and are 
                        located within the exterior boundaries of those 
                        private lands in order to have both the private 
                        lands and the State lands taken into trust by 
                        the Secretary for the benefit of the Tribe.
                    (B) Acquisition through condemnation.--With respect 
                to a request for an acquisition of lands through 
                condemnation made under subparagraph (A), the Secretary 
                shall, upon the recommendation of the Tribe, take such 
                action as may be necessary to acquire the lands through 
                condemnation and pay the State of Arizona fair market 
                value for those lands in accordance with applicable 
                Federal law, if the conditions described in paragraph 
                (2) are met.
            (2) Conditions for acquisition through condemnation.--The 
        Secretary may acquire lands through condemnation under this 
        subsection if--
                    (A) that acquisition is consistent with the purpose 
                of obtaining not more than 500,000 acres of land to be 
                taken into trust for the Tribe;
                    (B) the State of Arizona concurs with the United 
                States that the acquisition is consistent with the 
                interests of the State; and
                    (C) the Tribe pays for the land acquired through 
                condemnation under this subsection.
    (b) Disposition of Lands.--If the Secretary acquires lands through 
condemnation under subsection (a), the Secretary shall take those lands 
into trust for the Tribe in accordance with this Act and the Settlement 
Agreement.
    (c) Private Lands.--The Secretary may not acquire private lands 
through condemnation for the purpose specified in subsection (a)(2)(A).

SEC. 7. ACTION TO QUIET TITLE.

    If the United States fails to discharge the obligations specified 
in section 9(c) of the Settlement Agreement with respect to voluntary 
relocation of Navajos residing on Hopi Partitioned Lands, or section 
9(d) of the Settlement Agreement, relating to the implementation of 
sections 700.137 through 700.139 of title 25, Code of Federal 
Regulations, on the New Lands, including failure for reason of 
insufficient funds made available by appropriations or otherwise, the 
Tribe may bring an action to quiet possession that relates to the use 
of the Hopi Partitioned Lands after February 1, 2000, by a Navajo 
family that is eligible for an accommodation, but fails to enter into 
an accommodation.

SEC. 8. PAYMENTS IN LIEU OF TAXES.

    Section 6901(1) of title 31, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting ``; and''; and
            (3) by inserting at the end the following new subparagraph:
                    ``(H) Fee lands owned by the Hopi Tribe or members 
                of the Hopi Tribe that are taken into trust by the 
                Secretary of the Interior pursuant to the agreement 
                between the United States and the Hopi Tribe executed 
                on December 14, 1995.''.

SEC. 9. 75-YEAR LEASING AUTHORITY.

    The first section of the Act of August 9, 1955 (69 Stat. 539, 
chapter 615; 25 U.S.C. 415) is amended--
            (l) in subsection (a), by inserting before the period at 
        the end of the second sentence the following: ``, and except 
        leases of land by the Hopi Tribe to Navajo Indians on the Hopi 
        Partitioned lands, which may be for a term of years not to 
        exceed seventy-five years''; and
            (2) by adding at the end the following new subsection:
    ``(c) For purposes of this section--
            ``(1) the term `Hopi Partitioned Lands' means lands located 
        in the Hopi Partitioned Area, as defined in section 168.1 (g) 
        of title 25, Code of Federal Regulations (as in effect on the 
        date of enactment of this subsection); and
            ``(2) the term `Navajo Indians' means members of the Navajo 
        Tribe.''.

SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING PROGRAM.

    Section 25(a)(8) of Public Law 93-531 (25 U.S.C. 640d-24(a)(8)) is 
amended by striking ``1996, and 1997'' and inserting ``1996, 1997, 
1998, 1999, and 2000''.
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