[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2111 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2111

 To amend the Act commonly known as the ``Navajo-Hopi Land Settlement 
                 Act of 1974'', and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 20), 1996

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Act commonly known as the ``Navajo-Hopi Land Settlement 
                 Act of 1974'', 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.

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

   TITLE I--AMENDMENTS TO THE NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974

SEC. 101. REFERENCES.

    Whenever in this Act an amendment or repeal is expressed in terms 
of an amendment or repeal to a section or other provision, the 
references shall be considered to be made to a section or other 
provision of the Act commonly known as the Navajo-Hopi Land Settlement 
Act of 1974 (Public law 93-531; 25 U.S.C. 640 et seq.).

SEC. 102. AMENDMENTS TO THE NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974.

    (a) Repeals.--Sections 1 through 5 (25 U.S.C. 640d through 640d-4) 
and section 30 (25 U.S.C. 640d-28) are each repealed.
    (b) Amendments and Redesignations.--
            (1) Section 6 (25 U.S.C. 640d-5) is amended--
                    (A) by striking the matter preceding subsection (a) 
                through subsection (c);
                    (B) by inserting the following before subsection 
                (d):

``SECTION 1. PARTITIONED LANDS.'';

                    (C) by redesignating subsection (d) as subsection 
                (a);
                    (D) by striking subsections (e) and (f); and
                    (E) by redesignating subsections (g) and (h) as 
                subsections (b) and (c), respectively; and
                    (F) in subsection (a), as so redesignated, by 
                striking ``In any partition of the surface rights to 
                the joint use area,'' and inserting the following: 
                ``With regard to the final order issued by the United 
                States District Court for the District of Arizona 
                (hereafter in this Act referred to as the `District 
                Court') on August 30, 1978, that provides for the 
                partition of surface rights and interest of the Navajo 
                and Hopi Tribes (hereafter in this Act referred to as 
                the `Tribes') in lands laying within the reservation 
                established by Executive order on December 16, 1982,''.
            (2) Section 7 (25 U.S.C. 640d-6) is amended by striking 
        ``Sec. 7. Partitioned'' and inserting the following:

``SEC. 2. JOINT OWNERSHIP OF MINERALS.

    ``Partitioned.''.
            (3) Section 8 (25 U.S.C. 640d-7) is amended--
                    (A) by striking ``Sec. 8. (a) Either tribe'' and 
                inserting the following:

``SEC. 3. ACTIONS.

    ``(a) Authorization To Commence and Defend Actions in District 
Court.--Either tribe'';
                    (B) in subsection (b), by inserting ``Allocation of 
                Land to Respective Reservations Upon Determination of 
                Interests.--'' after ``(b)'';
                    (C) in subsection (c)--
                            (i) by inserting ``Actions for Accounting, 
                        Fair Value of Grazing, and Claims for Damages 
                        to Land.--'' after ``(c)''; and
                            (ii) by striking ``section 18'' each place 
                        it appears and inserting ``section 12'';
                    (D) in subsection (d), by inserting ``Rule of 
                Construction.--'' after ``(d)'';
                    (E) in subsection (e), by inserting ``Payment of 
                Legal Fees, Court Costs, and Other Expenses.--'' after 
                ``(e)''; and
                    (F) by striking subsection (f).
            (4) Section 9 (25 U.S.C. 640d-8) is amended by striking 
        ``Sec. 9. Notwithstanding'' and inserting the following:

``SEC. 4. PAUITE INDIAN ALLOTMENTS.

    ``Notwithstanding.''.
            (5) Section 10 (25 U.S.C. 630d-9) is amended--
                    (A) by striking ``Sec. 10. (a) Subject'' and 
                inserting the following:

``SEC. 5. PARTITIONED AND OTHER DESIGNATED LANDS.

    ``(a) Navajo Trust Lands.--'';
                    (B) in subsection (a), by striking ``sections 9 and 
                16(a)'' and inserting ``sections 4 and 10(a)'';
                    (C) in subsection (b)--
                            (i) by inserting ``Hopi Trust Lands.--'' 
                        after ``(b)'';
                            (ii) by striking ``sections 9 and 16(a)'' 
                        and inserting ``sections 4 and 10(a)'';
                            (iii) by striking ``sections 2 and 3'' and 
                        inserting ``section 1''; and
                            (iv) by striking ``section 8'' and 
                        inserting ``section 3'';
                    (D) in subsection (c)--
                            (i) by inserting ``Protection of Rights and 
                        Property.--'' after ``(c)''; and
                            (ii) by striking the comma after ``pursuant 
                        thereto'' and all that follows through the end 
                        of the subsection and inserting a period;
                    (E) in subsection (d), by inserting ``Protection of 
                Benefits and Services.--'' after ``d)''; and
                    (F) in subsection (e)--
                            (i) by inserting ``Tribal Jurisdiction Over 
                        Partitioned Lands.--'' after ``(e)''; and
                            (ii) in the last sentence, by striking 
                        ``life tenants and''.
            (6) Section 11 (25 U.S.C. 640d-10) is amended--
                    (A) by striking ``Sec. 11. (a) The Secretary'' and 
                inserting the following:

``SEC. 6. RESETTLEMENT LANDS FOR NAVAJO TRIBE.

    ``(a) Transfer of Lands.--The Secretary'';
                    (B) in subsection (b), by inserting ``Proximity of 
                Lands To Be Transferred or Acquired.--'', before 
                ``(b)'';
                    (C) in subsection (c)--
                            (i) by inserting ``Selection of Lands To Be 
                        Transferred or Acquired.--'' after ``(c)''; and
                            (ii) 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, 2000.'';
                    (D) in subsection (d), by inserting ``Reports.--'' 
                after ``(d)'';
                    (E) in subsection (e), by inserting ``Payments.--'' 
                after ``(e)'';
                    (F) in subsection (f), by inserting ``Acquisition 
                of Title to Surface and Subsurface Interests.--'' after 
                ``(f)'';
                    (G) in subsection (g), by inserting ``Lands Not 
                Available for Transfer.--'' after ``(g)''; and
                    (H) in subsection (h)--
                            (i) by inserting ``Administration of Lands 
                        Transferred or Acquired.--'' after ``(h)'';
                            (ii) by striking the period at the end and 
                        inserting the following: ``: Provided further, 
                        That, in order to facilitate relocation, in the 
                        discretion of the Commissioner, the 
                        Commissioner may grant homesite leases on land 
                        acquired pursuant to this section to members of 
                        the extended family of a Navajo who is 
                        certified as eligible to receive benefits under 
                        this Act, except that the Commissioner may not 
                        expend, or otherwise make available funds made 
                        available by appropriations to the Commissioner 
                        to carry out this Act, to provide housing to 
                        those extended family members.''; and
                    (I) in subsection (i)--
                            (i) by inserting ``Negotiations Regarding 
                        Land Exchanges or Leases.'' after ``(i)''; and
                            (ii) by striking ``section 23'' and 
                        inserting ``section 18''.
            (7) Section 12 (25 U.S.C. 640d-11) is amended--
                    (A) by striking ``Sec. 12. (a) There is hereby'' 
                and inserting the following:

``SEC. 7. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

    ``(a) Establishment.--There is hereby'';
                    (B) in subsection (b), by inserting ``Appointment--
                '' after ``(b)'';
                    (C) in subsection (c), by inserting ``Continuation 
                of Powers.--'' after ``(c)'';
                    (D) in subsection (d), by inserting ``Powers of 
                Commissioner.--'' after ``(d)'';
                    (E) in subsection (e), by inserting 
                ``Administration.--'' after ``(e)'';
                    (F) by striking subsection (f) and inserting the 
                following:
    ``(f) Termination.--The Office of Navajo and Hopi Indian Relocation 
shall cease to exist on September 30, 2001. On that date, any functions 
of the Office that have not been fully discharged, as determined in 
accordance with this Act shall be transferred to the Secretary of the 
Interior in accordance with title III of the Navajo-Hopi Land 
Settlement Act Amendments of 1996.''; and
                    (G) by adding at the end the following new 
                subsections:
    ``(g) Office of Relocation.--Effective on October 1, 2001, there is 
established in the Department of the Interior an Office of Relocation. 
The Secretary of the Interior, acting through the Office of Relocation, 
shall carry out the functions of the Office of Navajo and Hopi Indian 
Relocation transferred to the Secretary of the Interior in accordance 
with title III of the Navajo-Hopi Land Settlement Act Amendments of 
1996.
    ``(h) Termination of Office of Relocation.--The Office of 
Relocation shall cease to exist on the date on which the Secretary of 
the Interior determines that the functions of the Office have been 
fully discharged.''.
            (8) Section 13 (25 U.S.C. 640d-12) is amended--
                    (A) by striking ``Sec. 13. (a) Within'' and 
                inserting the following:

``SEC. 13. REPORT CONCERNING RELOCATION OF HOUSEHOLDS AND MEMBERS OF 
              EACH TRIBE.

    ``(a) In General.--Within'';
                    (B) in subsection (b), by inserting ``Content of 
                report.--'' after ``(b)''; and
                    (C) in subsection (c), by inserting ``Detailed Plan 
                for Relocation.--'' after ``(c)'';
            (9) Section 14 (25 U.S.C. 640d-13) is amended--
                    (A) by striking ``Sec. 14. (a) Consistent'' and 
                inserting the following:

``SEC. 8. RELOCATION OF HOUSEHOLDS AND MEMBERS.

    ``(a) Authorization.--'';
                    (B) in subsection (a)--
                            (i) in the first sentence--
                                    (I) by striking ``section 8'' each 
                                place it appears and inserting 
                                ``section 3''; and
                                    (II) by striking ``sections 2 and 
                                3'' and inserting ``section 1''; and
                            (ii) by striking the second sentence;
                    (C) in subsection (b)--
                            (i) by inserting ``Additional Payments to 
                        Heads of Households'' after ``(b)''; and
                            (ii) by striking ``section 15'' and 
                        inserting ``section 9'';
                    (D) in subsection (c), by inserting ``Payments for 
                Persons Moving After a Certain Date.--''; and
                    (E) by adding at the end the following new 
                subsection:
    ``(d) Prohibition.--No payment for benefits under this Act may be 
made to any head of a household if, as of September 30, 2001, that head 
has not been certified as eligible to receive those payments.''.
            (10) In section 15 (25 U.S.C. 640d-14)--
                    (A) by striking ``Sec. 15. (a) The Commission'' and 
                inserting the following:

``SEC. 9. RELOCATION HOUSING.

    ``(a) Purchase of Habitation and Improvements.--The Commission'';
                    (B) in the last sentence of subsection (a), by 
                striking ``as determined under section 13(b)(2) of this 
                title'';
                    (C) in subsection (b), by inserting ``Reimbursement 
                for Moving Expenses and Payment for Replacement 
                Dwelling.--'' after ``(b)'';
                    (D) in subsection (c)--
                            (i) by inserting ``Standards; Certain 
                        Payments.--'' after ``(c)'';
                            (ii) by striking ``section 8'' and 
                        inserting ``section 3''; and
                            (iii) by striking ``section 3 or 4 of this 
                        title'' and inserting ``section 1'';
                    (E) in subsection (d), by inserting ``Methods of 
                Payment.--'' after ``(d)'';
                    (F) by striking subsection (g);
                    (G) by redesignating subsections (e) and (f) as 
                subsections (g) and (h), respectively;
                    (H) by inserting after subsection (d) the following 
                new subsections:
    ``(e) Benefits Held in Trust.--
            ``(1) In general.--On September 30, 2001, the Commissioner 
        shall notify the Secretary of the Interior (hereafter in this 
        subsection referred to as the `Secretary') of the identity of 
        any head of household that is certified as eligible to receive 
        benefits under this Act (hereafter in this subsection referred 
        to as an `eligible head of household') who, as of such date--
                    ``(A) does not reside on lands that have been 
                partitioned to the tribe of that eligible head of 
                household; and
                    ``(B) has not received a replacement home.
            ``(2) Transfer of funds.--On the date specified in 
        paragraph (1), the Commissioner shall transfer to the Secretary 
        any unexpended funds that were made available to the 
        Commissioner for the purpose of making payments under this Act 
        to the eligible heads of household referred to in paragraph 
        (1).
            ``(3) Disposition of transferred funds.--
                    ``(A) In general.--The Secretary shall hold the 
                funds transferred under paragraph (2) in trust for the 
                eligible heads of household referred to in paragraph 
                (1). The Secretary shall provide payments in amounts 
                that would have otherwise have been made to an eligible 
                head of household before the date specified in 
                paragraph (1) from the amounts held in trust--
                            ``(i) upon request of the eligible head of 
                        household, to be used for a replacement home; 
                        or
                            ``(ii) if the eligible head of household 
                        does not make a request under clause (i), upon 
                        the death of the eligible head of household, in 
                        accordance with subparagraph (B).
                    ``(B) Distribution of funds upon the death or an 
                eligible head of household.--If, upon the death of an 
                eligible head of household, the Secretary holds funds 
                in trust under this paragraph for that eligible head of 
                household, the Secretary shall--
                            ``(i) determine and notify the heirs of the 
                        head of household; and
                            ``(ii) distribute the funds to--
                                    ``(I) the heirs who have attained 
                                the age of 18; and
                                    ``(II) each remaining heir, at the 
                                time that the heir attains the age of 
                                18.
    ``(f) Notification.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Navajo-Hopi Land Settlement Act Amendments 
        of 1996, the Commissioner shall, in accordance with section 
        700.138 of title 25, Code of Federal Regulations, notify each 
        eligible head of household who has not entered into a lease 
        with the Hopi Tribe to reside on lands partitioned to the Hopi 
        Tribe.
            ``(2) List.--Upon the expiration of the notice periods 
        referred to in section 700.139 of title 25, Code of Federal 
        Regulations, the Commissioner shall forward 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 lands that have not 
                been partitioned to the tribe of that eligible head of 
                household; and
                    ``(B) has not entered into a lease to reside on 
                those lands.
            ``(3) Construction of replacement homes.--Before July 1, 
        1999, the Commissioner may commence construction of a 
        replacement home on the lands acquired under section 6 not 
        later than 90 days after receiving a notice of the imminent 
        removal of a relocatee from the lands partitioned under this 
        Act to the Hopi Tribe from--
                    ``(A) the Secretary; or
                    ``(B) the United States Attorney for the District 
                of Arizona.'';
                    (I) in subsection (g), as redesignated by 
                subparagraph (G)--
                            (i) by inserting ``Disposal of Acquired 
                        Dwellings and Improvements.--'' after ``(g)''
                            (ii) by striking ``section 8'' and 
                        inserting ``section 3''; and
                            (iii) by striking ``section 3 or 4 of this 
                        title'' and inserting ``section 1'';
                    (J) in subsection (h), as redesignated by 
                subparagraph (G), by inserting ``Preferential Treatment 
                for Heads of Households of the Navajo Tribe Evicted 
                From the Hopi Reservation by Judicial Decision.--''; 
                and
                    (K) by adding after subsection (h) the following 
                new subsections:
    ``(i) Appeals.--
            ``(1) In general.--The Commissioner shall establish an 
        expedited hearing procedure that shall apply to an appeal 
        relating to the denial of eligibility for benefits under this 
        Act (including the regulations issued under this Act) that is--
                    ``(A) pending on the date of enactment of Navajo-
                Hopi Land Settlement Act Amendments of 1996; or
                    ``(B) filed after the date specified in 
                subparagraph (A).
            ``(2) Final determinations.--The hearing procedure 
        established under paragraph (1) shall--
                    ``(A) as necessary, provide for a hearing before an 
                impartial third party: and
                    ``(B) ensure the achievement of a final 
                determination by the Office of Navajo and Hopi Indian 
                Relocation for each appeal described in that paragraph 
                not later than January 1, 1999.
            ``(3) Notice.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of the Navajo-Hopi Land Settlement 
                Act Amendments of 1996, the Commissioner shall provide 
                written notice to any individual that the Commissioner 
                determines may have the right to a determination of 
                eligibility for benefits under this Act.
                    ``(B) Requirements for notice.--The notice provided 
                under this paragraph shall--
                            ``(i) specify that a request for a 
                        determination of eligibility referred to in 
                        subparagraph (A) shall be presented to the 
                        Commission not later than 180 days after the 
                        date of issuance of the notice; and
                            ``(ii) be provided--
                                    ``(I) by mail (which may be carried 
                                out by a means other than certified 
                                mail) to the last known address (if 
                                available) of the recipient; and
                                    ``(II) in a newspaper of general 
                                circulation in the geographic area in 
                                which an address referred to in 
                                subclause (I) is located.
    ``(j) Procurement of Services.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, to ensure the full and fair evaluation of the 
        requests referred to in subsection (i)(3)(A) (including 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 are 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 of 
        the Department of the Interior, to make available, by detail or 
        other appropriate arrangement, to the Office of Navajo and Hopi 
        Indian Relocation, an administrative law judge or other hearing 
        officer with appropriate qualifications to review the requests 
referred to in subsection (i)(3)(A).
    ``(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 under 
        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 
        (hereafter in this subsection referred to as the `Circuit 
        Court').
            ``(2) Review.--
                    ``(A) In general.--The Circuit Court shall, with 
                respect to each appeal referred to 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.
            ``(3) Notice of appeal.--
                    ``(A) In general.--An individual who appeals a 
                determination of ineligibility under paragraph (1) 
                shall, not later than 30 days after the date of that 
                determination, file a notice of appeal with--
                            ``(i) the Circuit Court; and
                            ``(ii) the Commissioner.
                    ``(B) Certification of record.--Upon receipt of a 
                notice provided under subparagraph (A)(ii), the 
                Commissioner shall certify to the Circuit Court the 
                record on which the determination that is the subject 
                of the appeal was made.
                    ``(C) Review period.--The Circuit Court shall 
                conduct a review and render a decision under paragraph 
                (2) not later than 60 days after receiving a certified 
                record under subparagraph (B).
                    ``(D) Binding decision.--A decision made by the 
                Circuit Court under this subsection shall be final and 
                binding on all parties.''.
            (11) Section 16 (25 U.S.C. 640d-15) is amended--
                    (A) by striking ``Sec. 16. (a) The Navajo'' and 
                inserting the following:

``SEC. 10. PAYMENT OF FAIR RENTAL VALUE FOR USE OF LANDS.

    ``(a) In General.--The Navajo'';
                    (B) in subsection (a), by striking ``sections 8 and 
                3 or 4'' and inserting ``sections 1 and 3''; and
                    (C) in subsection (b)--
                            (i) by inserting ``Payment.--'' after 
                        ``(b)''; and
                            (ii) by striking sections 8 and 3 or 4'' 
                        and inserting ``sections 1 and 3''.
            (12) Section 17 (25 U.S.C. 640d-16) is amended--
                    (A) by striking ``Sec. 17. (a) Nothing'' and 
                inserting the following:

``SEC. 11. STATUTORY CONSTRUCTION.

    (a) In General.--Nothing''; and
                    (B) in subsection (b), by inserting ``Federal 
                Employees.--'' after ``(b)''.
          (13) Section 18 (25 U.S.C. 640d-17) is amended--
                    (A) by striking ``Sec. 18. (a) Either'' and 
                inserting the following:

``SEC. 12. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS 
              FOR DAMAGES TO LAND.

    ``(a) Either'';
                    (B) in the matter preceding paragraph (1) in 
                subsection (a), by striking ``section 3 or 4'' and 
                inserting ``section 1'';
                    (C) in subsection (b)--
                            (i) by inserting ``Defenses.--'' after 
                        ``(b)'';
                            (ii) by striking ``section 3 or 4'' and 
                        inserting ``section 1'';
                    (D) in subsection (c), by inserting ``Further 
                Original, Ancillary, or Supplementary Acts To Insure 
                Quiet Enjoyment.--'' after ``(c)'';
                    (E) in subsection (d), by inserting ``United States 
                as Party; Judgments Against the United States'' after 
                ``(d)''; and
                    (F) in subsection (e), by inserting ``Remedies'' 
                after ``(e)''.
            (14) Section 19 (25 U.S.C. 640d-18) is amended--
                    (A) by striking ``Sec. 19. (a) Notwithstanding'' 
                and inserting the following:

``SEC. 14. REDUCTION IN LIVESTOCK WITH JOINT USE.

    ``(a) In General.--Notwithstanding'';
                    (B) in subsection (a), by striking ``section 3 or 
                4'' and inserting ``section 1'';
                    (C) in subsection (b)--
                            (i) by inserting ``Survey Location of 
                        Monuments and Fencing of Boundaries.--'' after 
                        ``(b)'';
                            (ii) by striking ``sections 8 and 3 or 4'' 
                        and inserting ``sections 1 and 3'';
                    (D) in subsection (c)--
                            (i) by inserting ``Completion of Surveying, 
                        Monumenting, and Fencing Operations; Livestock 
                        Reduction Program.--'' after ``(c)'';
                            (ii) by striking ``section 4 of this 
                        title'' and inserting ``section 1''; and
                            (iii) by striking ``section 8'' and 
                        inserting ``section 3''.
            (15) Section 20 (25 U.S.C. 640d-19) is amended by striking 
        ``Sec. 20. The members'' and inserting the following:

``SEC. 15. PERPETUAL USE OF CLIFF SPRINGS FOR RELIGIOUS CEREMONIAL 
              USES; PIPING OF WATER FOR USE BY RESIDENTS.

    The members''.
            (16) Section 21 (25 U.S.C. 640d-20) is amended by striking 
        ``Sec. 21. Notwithstanding'' and inserting the following:

``SEC. 16. USE AND RIGHT OF ACCESS TO RELIGIOUS SHRINES ON RESERVATION 
              OF OTHER TRIBE.

    Notwithstanding''.
            (17) Section 22 (25 U.S.C. 640d-21) is amended by striking 
        ``Sec. 22. The availability'' and inserting the following:

``SEC. 17. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF 
              INCOME.

    The availability''.
            (18) Section 23 (25 U.S.C. 649d-22) is amended--
                    (A) by striking ``Sec. 23. The Navajo'' and 
                inserting the following:

``SEC. 18. AUTHORIZATION FOR EXCHANGE OF RESERVATION LANDS.

    The Navajo''; and
                    (B) by striking ``sections 14 and 15'' and 
                inserting ``sections 8 and 9''.
            (19) Section 24 (25 U.S.C. 640d-23) is amended by striking 
        ``Sec. 24. If'' and inserting the following:

``SEC. 19. SEVERABILITY OF PROVISIONS.

    ``If''.
            (20) Section 25 (25 U.S.C. 640d-24) is amended to read as 
        follows:

``SEC. 20. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) In General.--
            ``(1) Reclocation of households and members.--For the 
        purposes of carrying out the provisions of section 9, there are 
        authorized to be appropriated such sums as may be necessary for 
        each of fiscal years 1998 through 2002.
            ``(2) Return to carrying capacity and institution of 
        conservation practices.--For the purposes of carrying out 
        section 14(a), there are authorized to be appropriated 
        $10,000,000.
            ``(3) Survey location of monuments and fencing of 
        boundaries.--For the purpose of carrying out section 14(b), 
        there are authorized to be appropriated $500,000.
            ``(4) Reclocation of households and members.--For the 
        purposes of carrying out section 8(b) there are authorized to 
        be appropriated $13,000,000.''.
            (21) Section 26 (88 Stat. 1723) is repealed.
            (22) Section 27 (25 U.S.C. 640d-25) is amended--
                    (A) by striking ``Sec. 27.'' and all that follows 
                through subsection (b) and inserting the following:

``SEC. 21. FUNDING AND CONSTRUCTION OF HOPI HIGH SCHOOL AND MEDICAL 
              CENTER.''; and

                    (B) in subsection (c), by striking ``(c)''.
            (23) Section 28 (25 U.S.C. 640d-26) is amended--
                    (A) by striking ``Sec. 28. (a) No action'' and 
                inserting the following:

``SEC. 22. ENVIRONMENTAL IMPACT; APPLICABILITY OF WILDERNESS STUDY; 
              CANCELLATION OF GRAZING LEASES AND PERMITS.

    ``(a) In General.--No action'';
                    (B) in subsection (b), by inserting ``Effect of 
                Wilderness Study.--'' after ``(b)''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(c) Construction Requirements.--
            ``(1) In general.--Any construction activities that are 
        undertaken under this Act shall be conducted in compliance with 
        sections 3 through 7 of Public law 86-523 (16 U.S.C. 469a-1 
        through 469c).
            ``(2) Compliance with other requirements.--With respect to 
        any construction activity referred to in paragraph (1), 
        compliance with the provisions referred to in that paragraph 
        shall be considered to satisfy the applicable requirements of--
                    ``(A) the Act entitled ``An Act to establish a 
                program for the preservation of additional historic 
                properties throughout the Nation, and for other 
                purposes'', approved October 15, 1996 (Public Law 89-
                665); and
                    ``(B) The Act entitled ``An Act for the 
                preservation of American antiquities'', approved June 
                8, 1906 (34 Stat. 225, chapter 3060).''.
            (24) Section 29 (25 U.S.C. 640d-27) is amended--
                    (A) by striking ``Sec. 29. (a) In any'' and 
                inserting the following:

``SEC. 23. ATTORNEY FEES, COST AND EXPENSES FOR LITIGATION OR COURT 
              ACTION.

    ``(a) Payment by Secretary; Authorization of Appropriations.--In 
any;
                    (B) in subsection (b), by inserting ``Award by 
                Court.--'' after ``(b)'';
                    (C) in subsection (c), by inserting ``Excess 
                Difference.--'' after ``(c)''; and
                    (D) in subsection (d)--
                            (i) by inserting ``Litigation of Court 
                        Actions Appicable.--'' after ``d''; and
                            (ii) by striking ``section 8'' and 
                        inserting ``section 3''.
            (25) Section 31 (25 U.S.C. 640d-29) is amended--
                    (A) by striking ``Sec. 31. (a) Except'' and 
                inserting the following:

``SEC. 24. LOBBYING.

    ``(a) In General.--Except''; and
                    (B) in subsection (b), by inserting 
                ``Applicability.--'' before ``(b)''.
            (26) The first section designated as section 32 (25 U.S.C. 
        640d-30), as added by section 7 of the Navajo-Hopi Relocation 
        Act Amendments of 1988, is amended--
                    (A) by striking ``Sec. 32. (a) There'' and 
                inserting the following:

``SEC. 25. NAVAJO REHABILITATION TRUST FUND.

    ``(a) In General.--There'';
                  (B) in subsection (b), by inserting ``Deposit of 
                Income into Fund.--'' after ``(b)'';
                    (C) in subsection (c), by inserting ``Investment of 
                Funds.--'' after ``(c)'';
                    (D) in subsection (d), by inserting ``Availability 
                of Funds.--'' after ``d)'';
                    (E) in subsection (e), by inserting ``Expenditure 
                of Funds.--'' after ``(e)'';
                    (F) in subsection (f), by inserting ``Termination 
                of Trust Fund.--'' after ``(f)''; and
                    (G) in subsection (g), by inserting ``Authorization 
                of Appropriations.--'' after ``(g)''.
            (27) Section 32 (25 U.S.C. 640-31), as added by section 407 
        of the Arizona-Idaho Conservation Act of 1988m, is amended by 
        striking ``Sec. 32. Nothing'' and inserting the following:

``SEC. 26. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE REGARDLESS 
              OF PLACE OF RESIDENCE.''.

    ``Nothing''.

 TITLE II--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SEC. 201. RETENTION PREFERENCE.

    The second sentence of section 3501(b) of title 5, United States 
Code, is amended--
            (1) by striking ``or'' after ``Senate'' and inserting a 
        comma;
            (2) by striking ``or'' after ``Service'' and inserting a 
        comma; and
            (3) by inserting ``, or to an employee of the Office of 
        Navajo and Hopi Indian Relocation before the period.

SEC. 202. SEPARATION PAY.

    (a) In General.--Chapter 55 title 5, United States Code, is amended 
by adding at the end the following new section:
Sec. 5598 Separation pay for certain employees of the Office of Navajo 
              and Hopi Indian Relocation
    ``(a) In General.--Except as provided in subsections (b) and (c), 
the Commissioner of the Office of Navajo and Hopi Indian Relocation 
shall establish a program to offer separation pay to employees of the 
Office of Navajo and Hopi Indian Relocation (hereafter in this section 
referred to as the `Office') in the same manner as the Secretary of 
Defense offers separation pay to employees of a defense agency under 
section 5597.
    ``(b) Separation Pay.--
            ``(1) In general.--Under the program established under 
        subsection (a), the Commissioner of the Office may offer 
        separation pay only to employees within the occupational groups 
        or at pay levels that will minimize disruption of ongoing 
        Office programs at the time that the separation pay is offered.
            ``(2) Requirement.--Any separation pay offered under this 
        subsection shall--
                    ``(A) be paid in a lump sum;
                    ``(B) be in an amount equal to $25,000, if paid on 
                or before December 31, 1998;
                    ``(C) be in an amount equal to $20,000, if paid 
                after December 31, 1998, and before January 1, 2000;
                    ``(D) be in an amount equal to $15,000, if paid 
                after December 31, 1999, and before January 1, 2001;
                    ``(E) not--
                            ``(i) be a basis for payment;
                            ``(ii) be considered as income for the 
                        purposes of computing any other type of benefit 
                        provided by the Federal Government; and
                    ``(F) if an individual is otherwise entitled to 
                receive any severance pay under section 5595 on the 
                basis of any other separation, not be payable in 
                addition to the amount of the severance pay to which 
                that individual is entitled under section 5595.
    ``(c) Prohibition.--No amount shall be payable under this section 
to any employee of the Office for any separation occurring after 
December 30, 2000.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 55 of 
title 5 is amended by adding at the end the following new item:

``5598. Separation pay for certain employees of the Office of Navajo 
                            and Hopi Indian Relocation.''.

SEC. 203. IMMEDIATE RETIREMENT.

    Section 8336(j)(1)(B) of title 5, United States Code, is amended by 
inserting ``or was employed by the Office of Navajo and Hopi Indian 
Relocation during the period beginning on January 1, 1990, and ending 
on the date of separation of that employee'' before the final comma.

SEC. 204. COMPUTATION OF ANNUITY.

    Section 8339(d) of title 5, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(8) The annuity of an employee of the Office of Navajo and Hopi 
Indian Relocation described in section 8336(j)(1)(B) shall be 
determined under subsection (a), except that with respect to service of 
that employee on or after January 1, 1990, the annuity of that employee 
shall be--
            ``(A)(i) 2\1/2\ percent of the employee's average pay; 
        multiplied by
            ``(ii) so much of the employee's service on or after 
        January 1, 1990, as does not exceed 10 years; plus
            ``(B)(i) 2 percent of the average pay of the employee; 
        multiplied by
            ``(ii) so much of the service of the employee on or after 
        January 1, 1990, as exceeds 10 years.''.

SEC. 205. IMMEDIATE RETIREMENT.

    Section 8412 of title 5, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) An employee of the Office of Navajo and Hopi Indian 
Relocation is entitled to an annuity if that employee--
            ``(1) has been continuously employed in the Office of 
        Navajo and Hopi Indian Relocation during the period beginning 
on January 1, 1990, and ending on the date of separation of that 
individual; and
            ``(2)(A) has completed 25 years of service at any age; or
            ``(B) has attained the age of 50 years and has completed 20 
        years of service.''.

SEC. 206. COMPUTATION OF BASIC ANNUITY.

    Section 8415 of title 5, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) The annuity of an employee retiring under section 8412(i) 
shall be determined under subsection (d), except that with respect to 
service during the period beginning on January 1, 1990, the annuity of 
the employee shall be--
            ``(1)(A) 2 percent of the average pay of that individual; 
        multiplied by
            ``(B) so much of the total service of that individual as 
        does not exceed 10 years; plus
            ``(2)(A) 1\1/2\ percent of the average pay of the 
        individual; multiplied by
            ``(B) so much of the total service of that individual as 
        exceeds 10 years.''.

        TITLE III--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

SEC. 301. DEFINITIONS.

    For purposes of this title, unless otherwise provided or indicated 
by the context--
            (1) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (2) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (3) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.

SEC. 302. TRANSFER OF FUNCTIONS.

    Effective on the date specified in section 307, there are 
transferred to the Department of the Interior all functions which 
Office of Navajo and Hopi Relocation exercised before the date of the 
enactment of this title (including all related functions of any officer 
or employee of the Office of Navajo and Hopi Relocation) relating to 
functions of the Office that have not been fully discharged, as 
determined in accordance with the Act commonly known as the ``Navajo-
Hopi Land Settlement Act of 1974'' (Public law 93-531; 25 U.S.C. 640 et 
seq.).

SEC. 303. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS.

    Except as otherwise provided in this Act and the amendments made by 
this Act, 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. Unexpended funds 
transferred pursuant to this section shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.

SEC. 304. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
the performance of functions which are transferred under this title, 
and
            (2) which are in effect at the time this title takes 
        effect, or were final before the effective date of this title 
        and are to become effective on or after the effective date of 
        this title,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary of the Interior or other authorized 
official, a court of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this title shall 
not affect any proceedings, including notices of proposed rulemaking, 
or any application for any license, permit, certificate, or financial 
assistance pending before the Office of Navajo and Hopi Relocation at 
the time this title takes effect, with respect to functions transferred 
by this title but such proceedings and applications shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken 
therefrom, and payments shall be made pursuant to such orders, as if 
this title had not been enacted, and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
subsection shall be deemed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this title had not been enacted.
    (c) Suits Not Affected.--The provisions of this title shall not 
affect suits commenced before the effective date of this title, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this title 
had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against Office of Navajo and Hopi Relocation, or by or 
against any individual in the official capacity of such individual as 
an officer of Office of Navajo and Hopi Relocation, shall abate by 
reason of the enactment of this title.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by Office of Navajo and Hopi Relocation 
relating to a function transferred under this title may be continued by 
the Department of the Interior with the same effect as if this title 
had not been enacted.
                                 <all>