[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''.