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





                                                       Calendar No. 582

104th CONGRESS

  2d Session

                                S. 1973

                          [Report No. 104-363]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 9, 1996

                       Reported with an amendment





                                                       Calendar No. 582
104th CONGRESS
  2d Session
                                S. 1973

                          [Report No. 104-363]

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

                           September 9, 1996

               Reported by Mr. McCain, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds that--</DELETED>
        <DELETED>    (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.);</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) the United States acknowledges and respects--
        </DELETED>
                <DELETED>    (A) the sincerity of the traditional 
                beliefs of the members of the Tribe and the Navajo 
                families residing on the Hopi Partitioned Lands; 
                and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    Except as otherwise provided in this Act, for purposes of 
this Act, the following definitions shall apply:</DELETED>
        <DELETED>    (1) Accommodation.--The term ``Accommodation'' has 
        the meaning provided the term ``Accommodation'' under the 
        Settlement Agreement.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) Settlement agreement.--The term ``Settlement 
        Agreement'' means the agreement between the United States and 
        the Hopi Tribe executed on December 14, 1995.</DELETED>
        <DELETED>    (7) Tribe.--The term ``Tribe'' means the Hopi 
        Tribe.</DELETED>

<DELETED>SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.</DELETED>

<DELETED>    The United States approves, ratifies, and confirms the 
Settlement Agreement.</DELETED>

<DELETED>SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) Selection of lands taken into trust.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) land that is used 
                        substantially for ranching, agriculture, or 
                        another similar use; and</DELETED>
                        <DELETED>    (ii) to the extent feasible, in 
                        contiguous parcels.</DELETED>
        <DELETED>    (2) Acquisition of lands.--Before taking any land 
        into trust for the benefit of the Tribe under this section, the 
        Secretary shall ensure that:</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN 
              INTERSPERSED LANDS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Action by the secretary.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) acquires private lands; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Conditions for acquisition through 
        condemnation.--The Secretary may acquire lands through 
        condemnation under this subsection if--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the State of Arizona concurs with the 
                United States that the acquisition is consistent with 
                the interests of the State; and</DELETED>
                <DELETED>    (C) the Tribe pays for the land acquired 
                through condemnation under this subsection.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Private Lands.--The Secretary may not acquire private 
lands through condemnation for the purpose specified in subsection 
(a)(2)(A).</DELETED>

<DELETED>SEC. 7. ACTION TO QUIET TITLE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 8. PAYMENTS IN LIEU OF TAXES.</DELETED>

<DELETED>    Section 6901(1) of title 31, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of subparagraph 
        (F);</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (G) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting at the end the following new 
        subparagraph:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 9. 75-YEAR LEASING AUTHORITY.</DELETED>

<DELETED>    The first section of the Act of August 9, 1955 (69 Stat. 
539, chapter 615; 25 U.S.C. 415) is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(c) For purposes of this section--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) the term `Navajo Indians' means members of 
        the Navajo Tribe.''.</DELETED>

<DELETED>SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING 
              PROGRAM.</DELETED>

<DELETED>    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''.</DELETED>

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 
        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 Tribe and 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 that term 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 acquired by the Tribe 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 85 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); and
                    (B) the Tribe has consulted with the State of 
                Arizona concerning the lands proposed to be placed in 
                trust, including consulting with 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.
            (3) Prohibition.--The Secretary may not, pursuant to the 
        provisions of this Act and the Settlement Agreement, place 
        lands, any portion of which are located within or contiguous to 
        a 5-mile radius of an incorporated town (as that term is 
        defined by the Secretary) in northern Arizona, into trust for 
        benefit of the Tribe without specific statutory authority.

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, with funds provided by the Tribe, 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 POSSESSION.

    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. PAYMENT TO STATE OF ARIZONA.

    (a) Authorization of Appropriations.--Subject to subsection (b), 
there are authorized to be appropriated to the Department of the 
Interior $250,000 for fiscal year 1998, to be used by the Secretary of 
the Interior for making a payment to the State of Arizona.
    (b) Payment.--The Secretary shall make a payment in the amount 
specified in subsection (a) to the State of Arizona after an initial 
acquisition of land from the State has been made by the Secretary 
pursuant to section 6.

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 by adding at the end the 
following new subsections:
    ``(c) Leases Involving the Hopi Tribe and the Hopi Partitioned 
Lands Accommodation Agreement.--Notwithstanding subsection (a), a lease 
of land by the Hopi Tribe to Navajo Indians on the Hopi Partitioned 
Lands may be for a term of 75 years, and may be extended at the 
conclusion of the term of the lease.
    ``(d) Definitions.--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''.