[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1003 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 1003

_______________________________________________________________________

                                 AN ACT


 
     To amend the Act of December 22, 1974, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Navajo-Hopi Land 
Settlement Amendments of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Effect of Act.
          TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974

Sec. 101. Repeal of sections.
Sec. 102. Short title; definitions.
Sec. 103. Joint ownership of minerals.
Sec. 104. Actions.
Sec. 105. Paiute Indian allotments.
Sec. 106. Partitioned and other designated land.
Sec. 107. Resettlement land for Navajo Tribe.
Sec. 108. Office of Navajo and Hopi Indian Relocation.
Sec. 109. Report.
Sec. 110. Relocation of households and members.
Sec. 111. Relocation housing.
Sec. 112. Payment for use of land.
Sec. 113. Effect of Act.
Sec. 114. Actions for accounting, fair value of grazing, and claims for 
                            damages to land.
Sec. 115. Joint use.
Sec. 116. Religious ceremonies; piping of water.
Sec. 117. Access to religious shrines.
Sec. 118. Exclusion of Payments from certain Federal determinations of 
                            income.
Sec. 119. Authorization of exchange.
Sec. 120. Severability.
Sec. 121. Authorization of appropriations.
Sec. 122. Discretionary fund.
Sec. 123. Attorney fees and court costs.
Sec. 124. Lobbying.
Sec. 125. Navajo Rehabilitation Trust Fund.
Sec. 126. Availability of Funds for relocation assistance.
         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

Sec. 201. Definitions.
Sec. 202. Transfer of functions.
Sec. 203. Personnel provisions.
Sec. 204. Delegation and assignment.
Sec. 205. Reorganization.
Sec. 206. Rules.
Sec. 207. Transfer and allocations of appropriations and personnel.
Sec. 208. Incidental transfers.
Sec. 209. Effect on personnel.
Sec. 210. Separability.
Sec. 211. Transition.
Sec. 212. Report.
Sec. 213. References.
Sec. 214. Additional conforming amendment.
Sec. 215. Effect of title.
Sec. 216. Effective date.
    TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION

Sec. 301. Separation pay.
Sec. 302. Federal retirement.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Act of December 22, 1974 (25 U.S.C. 640d et seq.) 
        (commonly known as the ``Navajo-Hopi Land Settlement Act of 
        1974'') was enacted to address the century-long land disputes 
        between the Navajo Tribe and the Hopi Tribe and to establish a 
        relocation process to remove, by December 31, 1986, Navajos and 
        Hopis from land allocated to the other tribe by requiring the 
        filing of a relocation plan;
            (2) the Office of Navajo and Hopi Relocation was 
        established in 1988 as a temporary independent agency to 
        implement a 1981 relocation plan under that Act to relocate 
        eligible families that lived on disputed land as of December 
        22, 1974;
            (3) the relocation process has been plagued with 
        controversy and delay, and Congress has had to amend the Act 
        several times to authorize the expansion of original relocation 
        activity and to provide additional appropriations for the 
        implementation of relocation activities;
            (4) the Office of Navajo and Hopi Indian Relocation has 
        reviewed over 4,600 applications, considered numerous appeals, 
        provided relocation homes for over 3,600 families;
            (5) the Office of Navajo and Hopi Indian Relocation has 
        provided financial assistance and technical support to the 
        Navajo Tribe and the Hopi Tribe to address the impacts of 
        relocation, including the operation of livestock grazing 
        programs and resources to assist in the resettlement of 
        individuals;
            (6) individual Navajos and Hopis have had over 20 years 
        during which to apply for and receive relocation benefits or to 
        appeal a finding of ineligibility through the Office of Navajo 
        and Hopi Relocation and in Federal district court; and
            (7) the Office of Navajo and Hopi Relocation has had 
        sufficient time in which to notify potential eligible 
        applicants of the opportunity to receive relocation benefits, 
        to certify that specific individuals qualify for such benefits, 
        and to provide eligible individuals with replacement housing, 
        counseling, and other assistance to adapt to relocation on 
        Indian land or within non-Indian communities.

SEC. 3. EFFECT OF ACT.

    Nothing in this Act, or an amendment made by this Act--
            (1) limits or otherwise affects any determination of a 
        court, including a determination relating to an action pending 
        as of the date of enactment of this Act, relating to a dispute 
        of the Navajo Indian tribe or the Hopi Indian tribe with 
        respect to--
                    (A) land; or
                    (B) any settlement agreement; or
            (2) authorizes any cause of action not in existence on the 
        day before the date of enactment of this Act.

          TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974

SEC. 101. REPEAL OF SECTIONS.

    (a) In General.--The Act of December 22, 1974 (25 U.S.C. 640d et 
seq.), is amended in the first undesignated section by striking ``That, 
(a) within'' and all that follows through the end of the section.
    (b) Additional Repeals.--Sections 2 through 5 and sections 26, 28, 
and 30 of the Act of December 22, 1974 (25 U.S.C. 640d-1 through 640d-
4; 88 Stat. 1723; 25 U.S.C. 640d-26, 640d-28), are repealed.

SEC. 102. SHORT TITLE; DEFINITIONS.

    Section 6 of the Act of December 22, 1974 (25 U.S.C. 640d-5), is 
amended by striking ``Sec. 6. The Mediator'' and all that follows 
through the end of the section and inserting the following:

``SECTION 1. SHORT TITLE.

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

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) District court.--The term `District Court' means the 
        United States District Court for the District of Arizona.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(3) Tribe.--The term `Tribe' means--
                    ``(A) the Navajo Indian Tribe; and
                    ``(B) the Hopi Indian Tribe.''.

SEC. 103. JOINT OWNERSHIP OF MINERALS.

    Section 7 of the Act of December 22, 1974 (25 U.S.C. 640d-6), is 
amended--
            (1) by striking ``Sec. 7. Partition'' and inserting the 
        following:

``SEC. 3. JOINT OWNERSHIP OF MINERALS.

    ``(a) In General.--Partition''; and
            (2) in the second sentence, by striking ``All'' and 
        inserting the following:
    ``(b) Joint Management.--All''.

SEC. 104. ACTIONS.

    Section 8 of the Act of December 22, 1974 (25 U.S.C. 640d-7), is 
amended--
            (1) by striking ``Sec. 8. (a) Either Tribe'' and inserting 
        the following:

``SEC. 4. ACTIONS.

    ``(a) Actions in District Court.--Either Tribe'';
            (2) in subsection (b)--
                    (A) in the first sentence, by striking ``(b) Lands, 
                if any,'' and inserting the following:
    ``(b) Allocation of Land.--
            ``(1) Navajo reservation.--Any land'';
                    (B) in the second sentence, by striking ``Lands, if 
                any,'' and inserting the following:
            ``(2) Hopi reservation.--Any land''; and
                    (C) in the third sentence, by striking ``Any 
                lands'' and inserting the following:
            ``(3) Joint and undivided interests.--Any land'';
            (3) in subsection (c)--
                    (A) by striking ``(c)(1) Either'' and inserting the 
                following:
    ``(c) Exchange of Land.--
            ``(1) In general.--Either'';
                    (B) in paragraph (2), by striking ``(2) In the 
                event'' and inserting the following:
            ``(2) Interests of tribes.--If'';
                    (C) in paragraph (3), by striking ``(3) Neither'' 
                and inserting the following:
            ``(3) Defense.--Neither''; and
                    (D) by striking ``section 18'' each place it 
                appears and inserting ``section 14'';
            (4) in subsection (d), by striking ``(d) Nothing'' and 
        inserting the following:
    ``(d) Effect of Section.--Nothing'';
            (5) in subsection (e), by striking ``(e) The'' and 
        inserting the following:
    ``(e) Payment of Legal Fees, Court Costs, and Other Expenses.--
The''; and
            (6) by striking subsection (f).

SEC. 105. PAIUTE INDIAN ALLOTMENTS.

    Section 9 of the Act of December 22, 1974 (25 U.S.C. 640d-8), is 
amended by striking ``Sec. 9. Notwithstanding'' and inserting the 
following:

``SEC. 5. PAIUTE INDIAN ALLOTMENTS.

    ``Notwithstanding''.

SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND.

    Section 10 of the Act of December 22, 1974 (25 U.S.C. 640d-9), is 
amended--
            (1) by striking ``Sec. 10. (a) Subject'' and inserting the 
        following:

``SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND.

    ``(a) Navajo Trust Land.--Subject'';
            (2) in subsection (a), by striking ``section 9 and 
        subsection (a) of section 17'' and inserting ``sections 5 and 
        13(a)'';
            (3) in subsection (b)--
                    (A) by striking ``(b) Subject'' and inserting the 
                following:
    ``(b) Hopi Trust Land.--Subject'';
                    (B) by striking ``section 9 and subsection (a) of 
                section 17'' and inserting ``sections 5 and 13(a)'';
                    (C) by inserting ``(as in effect on the day before 
                the date of enactment of the Navajo-Hopi Land 
                Settlement Amendments of 2005)'' after ``section 3 or 
                4''; and
                    (D) by striking ``section 8'' and inserting 
                ``section 4'';
            (4) in subsection (c)--
                    (A) by striking ``(c) The'' and inserting the 
                following:
    ``(c) Protection of Rights and Property.--The''; and
                    (B) by striking ``pursuant thereto'' and all that 
                follows through the end of the subsection and inserting 
                ``pursuant to this Act'';
            (5) in subsection (d), by striking ``(d) With'' and 
        inserting the following:
    ``(d) Protection of Benefits and Services.--With''; and
            (6) in subsection (e)--
                    (A) by striking ``(e)(1) Lands'' and inserting the 
                following:
    ``(e) Tribal Jurisdiction Over Partitioned Land.--
            ``(1) In general.--Land'';
                    (B) by adjusting the margins of subparagraphs (A) 
                and (B) of paragraph (1) appropriately; and
                    (C) in the matter following subparagraph (B)--
                            (i) by striking ``The provisions'' and 
                        inserting the following:
            ``(2) Responsibility of secretary.--The provisions''; and
                            (ii) by striking ``life tenants and''.

SEC. 107. RESETTLEMENT LAND FOR NAVAJO TRIBE.

    (a) In General.--Section 11(a) of the Act of December 22, 1974 (25 
U.S.C. 640d-10(a)), is amended--
            (1) by striking ``Sec. 11. (a) The Secretary'' and 
        inserting the following:

``SEC. 7. RESETTLEMENT LAND FOR NAVAJO TRIBE.

    ``(a) Transfer of Land.--
            ``(1) In general.--The Secretary'';
            (2) by striking ``(1) transfer not to exceed two hundred 
        and fifty thousand acres of lands'' and inserting the 
        following:
                    ``(A) transfer not more than 250,000 acres of land 
                (including any acres previously transferred under this 
                Act)'';
            (3) by striking ``Tribe: Provided, That'' and all that 
        follows through ``as possible.'' and inserting ``Tribe; and'';
            (4) in the first paragraph designated as paragraph (2)--
                    (A) by striking ``(2) on behalf'' and inserting the 
                following:
                    ``(B) on behalf''; and
                    (B) by striking the second sentence;
            (5) in the matter following paragraph (1)(B) (as 
        redesignated by paragraph (4))--
                    (A) in the first sentence--
                            (i) by striking ``Subject to'' and all that 
                        follows through ``all rights'' and inserting 
                        the following:
            ``(4) Requirements of transfer.--
                    ``(A) In general.--Subject to this paragraph, all 
                rights''; and
                            (ii) by striking ``paragraph (1)'' and 
                        inserting ``paragraph (1)(A)'';
                    (B) in the second sentence, by striking ``So long 
                as'' and inserting the following:
                    ``(B) Coal lease applications.--
                            ``(i) In general.--If'';
                    (C) in the third sentence, by striking ``If such 
                adjudication'' and inserting the following:
                            ``(ii) Issuance of leases.--If an 
                        adjudication under clause (i)'';
                    (D) in the fourth sentence, by striking ``The 
                leaseholders rights and interests'' and inserting the 
                following:
                            ``(iii) Rights and interests of 
                        leaseholders.--The rights and interests of a 
                        holder of a lease described in clause (i)''; 
                        and
                    (E) in the fifth sentence, by striking ``If any'' 
                and inserting the following:
                    ``(C) Claims under mining law.--If any'';
            (6) by inserting after paragraph (1)(B) (as redesignated by 
        paragraph (4)) the following:
            ``(2) Exchange of land.--
                    ``(A) In general.--In order to facilitate a 
                transfer of land under paragraph (1)(A), the Secretary 
                may exchange land described in paragraph (1)(A) for 
                State or private land of equal value.
                    ``(B) Unequal value.--If the State or private land 
                described in subparagraph (A) is of unequal value to 
                the land described in paragraph (1)(A), the recipient 
                of the land that is of greater value shall pay to the 
                other party to the exchange under subparagraph (A) 
                compensation in an amount not to exceed the lesser of--
                            ``(i) the difference between the values of 
                        the land exchanged; or
                            ``(ii) the amount that is 25 percent of the 
                        total value of the land transferred from the 
                        Secretary to the Navajo Tribe.
                    ``(C) Responsibility of secretary.--The Secretary 
                shall make reasonable efforts to reduce any payment 
                under subparagraph (B) to the lowest practicable 
                amount.
            ``(3) Title to land accepted.--The Secretary shall accept 
        title to land under subparagraphs (A) and (B) of paragraph (1) 
        on behalf of the United States in trust for the benefit of the 
        Navajo Tribe as a part of the Navajo reservation.''; and
            (7) in the second paragraph designated as paragraph (2)--
                    (A) in the first sentence--
                            (i) by striking ``(2) Those'' and inserting 
                        the following:
            ``(5) State rights.--
                    ``(A) In general.--The''; and
                            (ii) by striking ``subsection 2 of this 
                        section'' and inserting ``paragraph (1)(B)''; 
                        and
                    (B) in the second sentence, by striking ``The'' and 
                inserting the following:
                    ``(B) State interests.--The''.
    (b) Proximity of Land; Exchanges of Land.--Section 11(b) of the Act 
of December 22, 1974 (25 U.S.C. 640d-10(b)), is amended by striking 
``(b) A border'' and inserting the following:
    ``(b) Proximity of Land to Be Transferred or Acquired.--A border''.
    (c) Selection of Land.--Section 11(c) of the Act of December 22, 
1974 (25 U.S.C. 640d-10(c)), is amended--
            (1) by striking ``(c) Lands'' and inserting the following:
    ``(c) Selection of Land to Be Transferred or Acquired.--Land''; and
            (2) by striking the period at the end and inserting the 
        following: ``: Provided further, That the authority of the 
        Commissioner to select lands under this subsection shall 
        terminate on September 30, 2008.''.
    (d) Reports.--Section 11(d) of the Act of December 22, 1974 (25 
U.S.C. 640d-10(d)), is amended by striking ``(d) The'' and inserting 
the following:
    ``(d) Reports.--The''.
    (e) Payments.--Section 11(e) of the Act of December 22, 1974 (25 
U.S.C. 640d-10(e)), is amended by striking ``(e) Payments'' and 
inserting the following:
    ``(e) Payments.--Payments''.
    (f) Acquisition of Title to Surface and Subsurface Interests.--
Section 11(f) of the Act of December 22, 1974 (25 U.S.C. 640d-10(f)), 
is amended--
            (1) by striking ``(f)(1) For'' and inserting the following:
    ``(f) Acquisition of Title to Surface and Subsurface Interests.--
            ``(1) In general.--For'';
            (2) in paragraph (2), by striking ``(2) If'' and inserting 
        the following:
            ``(2) Public notice; report.--If''; and
            (3) in paragraph (3), by striking ``(3) In any case where'' 
        and inserting the following:
            ``(3) Rights of subsurface owners.--If''.
    (g) Land Not Available for Transfer.--Section 11(g) of the Act of 
December 22, 1974 (25 U.S.C. 640d-10(g)), is amended by striking ``(g) 
No'' and inserting the following:
    ``(g) Land Not Available for Transfer.--No''.
    (h) Administration of Land Transferred or Acquired.--Section 11(h) 
of the Act of December 22, 1974 (25 U.S.C. 640d-10(h)), is amended--
            (1) by striking ``(h) The lands'' and inserting the 
        following:
    ``(h) Administration of Land Transferred or Acquired.--
            ``(1) In general.--The land''; and
            (2) by adding at the end the following:
            ``(2) Relocation.--
                    ``(A) In general.--In order to facilitate 
                relocation of a member of a Tribe, the Commissioner may 
                grant a homesite lease on land acquired under this 
                section to a member of the extended family of a Navajo 
                Indian who is certified as eligible to receive benefits 
                under this Act.
                    ``(B) Exception.--The Commissioner may not use any 
                funds available to the Commissioner to carry out this 
                Act to provide housing to an extended family member 
                described in subparagraph (A).''.
    (i) Negotiations Regarding Land Exchanges and Leases.--Section 
11(i) of the Act of December 22, 1974 (25 U.S.C. 640d-10(i)), is 
amended--
            (1) by striking ``(i) The'' and inserting the following:
    ``(i) Negotiations Regarding Land Exchanges and Leases.--The''; and
            (2) by striking ``section 23'' and inserting ``section 
        19''.

SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

    Section 12 of the Act of December 22, 1974 (25 U.S.C. 640d-11), is 
amended--
            (1) by striking ``Sec. 12. (a) There is hereby'' and 
        inserting the following:

``SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

    ``(a) Establishment.--There is'';
            (2) in subsection (b), by striking ``(b) The'' and 
        inserting the following:
    ``(b) Appointment.--The'';
            (3) in subsection (c)--
                    (A) by striking ``(c)(1)(A) Except'' and inserting 
                the following:
    ``(c) Continuation of Powers.--
            ``(1) Powers and duties of commissioner; existing funds.--
                    ``(A) Powers and duties of commissioner.--Except'';
                    (B) in paragraph (1)(B), by striking ``(B) All'' 
                and inserting the following:
                    ``(B) Existing funds.--All''; and
                    (C) in paragraph (2), by striking ``(2) There are 
                hereby'' and inserting the following:
            ``(2) Transfer of powers.--There are'';
            (4) in subsection (d)--
                    (A) by striking ``(d)(1) Subject'' and inserting 
                the following:
    ``(d) Powers of Commissioner.--
            ``(1) In general.--Subject'';
                    (B) by adjusting the margins of subparagraphs (A) 
                and (B) of paragraph (1) appropriately;
                    (C) in paragraph (2), by striking ``(2) The'' and 
                inserting the following:
            ``(2) Contracts.--The''; and
                    (D) in paragraph (3), by striking ``(3) There'' and 
                inserting the following:
            ``(3) Authorization of appropriations.--There'';
            (5) in subsection (e)--
                    (A) by striking ``(e)(1)'' and inserting the 
                following:
    ``(e) Administration.--
            ``(1) Administrative, fiscal, and housekeeping services.--
        '';
                    (B) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``The'' and inserting the following:
                    ``(A) In general.--The''; and
                            (ii) in the second sentence, by striking 
                        ``In any'' and inserting the following:
                    ``(B) Assistance from departments and agencies.--In 
                any''; and
                    (C) in paragraph (2), by striking ``(2) On'' and 
                inserting the following:
            ``(2) Failure to provide assistance.--On'';
            (6) by striking subsection (f) and inserting the following:
    ``(f) Termination.--
            ``(1) In general.--The Office of Navajo and Hopi Indian 
        Relocation shall terminate on September 30, 2008.
            ``(2) Transfer of office duties.--On the date of 
        termination of the Office, any duty of the Office that has not 
        been carried out, as determined in accordance with this Act, 
        shall be transferred to the Secretary in accordance with title 
        II of the Navajo-Hopi Land Settlement Amendments of 2005.''; 
        and
            (7) by adding at the end the following:
    ``(g) Ease of Transition.--Beginning on the date of enactment of 
the Navajo-Hopi Land Settlement Amendments of 2005, the Secretary may--
            ``(1) consult with the Commissioner regarding the transfer 
        of the responsibilities of the Office of Navajo and Hopi Indian 
        Relocation to the Department of the Interior; and
            ``(2) take any action the Secretary determines to be 
        necessary to assume the responsibilities of the Office on 
        September 30, 2008.''.

SEC. 109. REPORT.

    Section 13 of the Act of December 22, 1974 (25 U.S.C. 640d-12), is 
amended--
            (1) by striking ``Sec. 13. (a) By no'' and inserting the 
        following:

``SEC. 9. REPORT.

    ``(a) In General.--Not''; and
            (2) in subsection (b)--
                    (A) by striking ``(b) The'' and inserting the 
                following:
    ``(b) Inclusions.--The''; and
                    (B) by striking ``contain, among other matters, the 
                following:'' and inserting ``include--''.

SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS.

    Section 14 of the Act of December 22, 1974 (25 U.S.C. 640d-13), is 
amended--
            (1) by striking ``Sec. 14. (a)'' and inserting the 
        following:

``SEC. 10. RELOCATION OF HOUSEHOLDS AND MEMBERS.

    ``(a) Authorization.--'';
            (2) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``Consistent'' and 
                        inserting the following:
            ``(1) In general.--Consistent'';
                            (ii) by striking ``section 8'' each place 
                        it appears and inserting ``section 4'';
                            (iii) by inserting ``(as in effect on the 
                        day before the date of enactment of the Navajo-
                        Hopi Land Settlement Amendments of 2005)'' 
                        after ``section 3 or 4''; and
                            (iv) by inserting ``, or, after September 
                        30, 2008, the Attorney General,'' after ``the 
                        Commissioner'';
                    (B) by striking the second sentence;
                    (C) in the third sentence, by striking ``No 
                further'' and inserting the following:
            ``(2) Settlements of navajo.--No further'';
                    (D) in the fourth sentence, by striking ``No 
                further'' and inserting the following:
            ``(3) Settlements of hopi.--No further''; and
                    (E) in the fifth sentence, by striking ``No 
                individual'' and inserting the following:
            ``(4) Grazing.--No individual'';
            (3) in subsection (b)--
                    (A) by striking ``(b) In addition'' and inserting 
                the following:
    ``(b) Additional Payments to Heads of Households.--In addition'';
                    (B) by striking ``section 15'' and inserting 
                ``section 11''; and
                    (C) by striking ``section 13'' and inserting 
                ``section 9'';
            (4) in subsection (c), by striking ``(c) No'' and inserting 
        the following:
    ``(c) Payments for Persons Moving After a Certain Date.--No''; and
            (5) by adding at the end the following:
    ``(d) Prohibition.--No payment for benefits under this Act may be 
made to any head of a household if, as of September 30, 2008, that head 
of household has not been certified as eligible to receive the 
payment.''.

SEC. 111. RELOCATION HOUSING.

    Section 15 of the Act of December 22, 1974 (25 U.S.C. 640d-14), is 
amended--
            (1) by striking ``Sec. 15. (a)'' and inserting the 
        following:

``SEC. 11. RELOCATION HOUSING.

    ``(a) Purchase of Habitation and Improvements.--'';
            (2) in subsection (a)--
                    (A) in the first sentence, by striking ``The 
                Commission'' and inserting the following:
            ``(1) In general.--The Commission''; and
                    (B) in the second sentence--
                            (i) by striking ``The purchase'' and 
                        inserting the following:
            ``(2) Purchase price.--The purchase''; and
                            (ii) by striking ``as determined under 
                        clause (2) of subsection (b) of section 13'';
            (3) in subsection (b)--
                    (A) by striking ``(b) In addition'' and inserting 
                the following:
    ``(b) Reimbursement for Moving Expenses and Payment for Replacement 
Dwelling.--In addition'';
                    (B) by striking ``shall:'' and inserting ``shall--
                ''; and
                    (C) in paragraph (1), by inserting ``and'' after 
                the semicolon at the end;
            (4) in subsection (c)--
                    (A) by striking ``(c) In implementing'' and 
                inserting the following:
    ``(c) Standards; Certain Payments.--
            ``(1) Standards.--In carrying out''; and
                    (B) in the second sentence--
                            (i) by striking ``No payment'' and 
                        inserting the following:
            ``(2) Certain payments.--No payment''; and
                            (ii) by inserting ``(as in effect on the 
                        day before the date of enactment of the Navajo-
                        Hopi Land Settlement Amendments of 2005)'' 
                        after ``section 8 or section 3 or 4'';
            (5) in subsection (d)--
                    (A) by striking ``(d) The'' and inserting the 
                following:
    ``(d) Methods of Payment.--The'';
                    (B) by striking ``(1) Should'' and inserting the 
                following:
            ``(1) Home ownership opportunity projects.--Should'';
                    (C) by striking ``(2) Should'' and inserting the 
                following:
            ``(2) Purchased and constructed dwellings.--Should''; and
                    (D) by striking ``(3) Should'' and inserting the 
                following:
            ``(3) Failure to arrange relocation.--Should'';
            (6) in subsection (e)--
                    (A) by striking ``(e) The'' and inserting the 
                following:
    ``(e) Disposal of Acquired Dwellings and Improvements.--The'';
                    (B) by striking ``section 8'' and inserting 
                ``section 4''; and
                    (C) by inserting ``(as in effect on the day before 
                the date of enactment of the Navajo-Hopi Land 
                Settlement Amendments of 2005)'' after ``section 3 or 
                4'';
            (7) in subsection (f), by striking ``(f) Notwithstanding'' 
        and inserting the following:
    ``(f) Preferential Treatment.--Notwithstanding''; and
            (8) by striking subsection (g) and inserting the following:
    ``(g) Benefits.--
            ``(1) In general.--Not later than September 30, 2008, the 
        Commissioner shall notify the Secretary and each Tribe of the 
        identity of any head of household member of the Tribe that, as 
        of that date--
                    ``(A) is certified as eligible to receive benefits 
                under this Act;
                    ``(B) does not reside on land that has been 
                partitioned to the Tribe; and
                    ``(C) has not received a replacement home.
            ``(2) Transfer of funds.--Not later than September 30, 
        2008, and except as provided in paragraph (4), the Commissioner 
        shall--
                    ``(A) transfer to the Secretary any funds not used 
                by the Commissioner to make payments under this Act to 
                eligible heads of households; and
                    ``(B) provide a notice to each Tribe regarding the 
                amount of the funds transferred under subparagraph (B).
            ``(3) Disposition of transferred funds.--
                    ``(A) In general.--The Secretary shall hold any 
                funds transferred under paragraph (2) for the heads of 
                households described in paragraph (1)(A) until the date 
                on which a request for the funds, or a portion of the 
                funds, is submitted to the Secretary by--
                            ``(i) an eligible head of household; or
                            ``(ii) the Tribe, acting with the consent 
                        of such a head of household.
                    ``(B) Payment amounts.--Of the funds held under 
                subparagraph (A), the Secretary shall make payments to 
                the Tribe or heads of households described in paragraph 
                (1)(A) in amounts that would have been made to the 
                heads of households under this Act before September 30, 
                2008--
                            ``(i) on receipt of a request of a head of 
                        household, to be used for a replacement home; 
                        or
                            ``(ii) on the date of death of the head of 
                        household, if the head of household does not 
                        make a request under clause (i), in accordance 
                        with subparagraph (C).
                    ``(C) Distribution of funds on death of head of 
                household.--If the Secretary holds funds under this 
                paragraph for a head of household described in 
                paragraph (1)(A) on the death of the head of household, 
                the Secretary shall--
                            ``(i) identify and notify any heir of the 
                        head of household, in accordance with 
                        applicable law; and
                            ``(ii) distribute the funds held by the 
                        Secretary for the head of household to any 
                        heir--
                                    ``(I) immediately, if the heir is 
                                at least 18 years old; or
                                    ``(II) if the heir is younger than 
                                18 years old on the date on which the 
                                Secretary identified the heir, on the 
                                date on which the heir attains the age 
                                of 18.
                    ``(D) Claims of competing heirs.--Any claim to a 
                distribution under subparagraph (C) that is disputed by 
                any competing heir of a head of household shall be 
                determined during the probate process in accordance 
                with applicable law.
            ``(4) Disputed eligibility claims.--
                    ``(A) Transfer of funds.--Not later than September 
                30, 2008, the Commissioner shall transfer to the 
                Secretary an appropriate percentage, as determined by 
                the Commissioner, of the funds not used by the 
                Commissioner to make payments under this Act to 
                eligible heads of households.
                    ``(B) Disposition of transferred funds.--
                            ``(i) In general.--The Secretary shall hold 
                        any funds transferred under subparagraph (A) 
                        for any individual the status of whom under 
                        this Act is the subject of a dispute with the 
                        Commissioner.
                            ``(ii) Distributions to heads of 
                        households.--If an individual described in 
                        clause (i) is identified by the Commissioner as 
                        a head of household described in paragraph (1), 
                        the Secretary shall distribute funds 
                        transferred under subparagraph (A) to the 
                        individual in accordance with paragraph (3).
    ``(h) Notification.--
            ``(1) In general.--To the extent not already provided, not 
        later than 180 days after the date of enactment of the Navajo-
        Hopi Land Settlement Amendments of 2005, the Commissioner shall 
        notify each eligible head of household who has not entered into 
        a lease with the Hopi Tribe to reside on land partitioned to 
        the Hopi Tribe, in accordance with section 700.138 of title 25, 
        Code of Federal Regulations (or a successor regulation).
            ``(2) List.--On the date on which a notice period referred 
        to in section 700.139 of title 25, Code of Federal Regulations 
        (or a successor regulation), expires, the Commissioner shall 
        submit to the Secretary and the United States Attorney for the 
        District of Arizona a list containing the name and address of 
        each eligible head of household who--
                    ``(A) continues to reside on land that has not been 
                partitioned to the Tribe of the head of household; and
                    ``(B) has not entered into a lease to reside on 
                that land.
            ``(3) Construction of replacement homes.--Before July 1, 
        2008, but not later than 90 days after receiving a notice of 
        the imminent removal of a relocatee from land provided to the 
        Navajo Tribe or the Hopi Tribe under this Act, the Commissioner 
        shall--
                    ``(A) make an eligibility determination with 
                respect to the relocatee in accordance with any 
                appropriate policy or procedure; and
                    ``(B) on a determination under subparagraph (A) 
                that the relocatee is eligible for relocation--
                            ``(i) begin construction of a replacement 
                        home on any land acquired under section 6; or
                            ``(ii) establish a fund for the benefit of 
                        the relocatee, to be administered in accordance 
                        with this section.
    ``(i) Appeals.--
            ``(1) In general.--The Commissioner shall establish an 
        expedited hearing procedure for any appeal relating to the 
        denial of eligibility for benefits under this Act (including 
        regulations promulgated pursuant to this Act) that is pending 
        on, or filed after, the date of enactment of Navajo-Hopi Land 
        Settlement Amendments of 2005.
            ``(2) Final determinations.--The hearing procedure 
        established under paragraph (1) shall--
                    ``(A) provide for a hearing before an impartial 
                third party, as the Commissioner determines necessary: 
                and
                    ``(B) ensure that a final determination is made by 
                the Office of Navajo and Hopi Indian Relocation for 
                each appeal described in paragraph (1) by not later 
                than January 1, 2008.
    ``(j) Procurement of Services.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, to ensure the full and fair evaluation of an appeal 
        hearing before an impartial third party referred to in 
        subsection (i)(2)(A), the Commissioner may enter into such 
        contracts or agreements to procure such services, and employ 
        such personnel (including attorneys), as the Commissioner 
        determines to be necessary.
            ``(2) Detail of administrative law judges or hearing 
        officers.--The Commissioner may request the Secretary to act 
        through the Director of the Office of Hearings and Appeals to 
        make available to the Office of Navajo and Hopi Indian 
        Relocation an administrative law judge or other hearing officer 
        with appropriate qualifications, as determined by the 
        Commissioner.
    ``(k) Appeal to United States Circuit Court of Appeals.--
            ``(1) In general.--Subject to paragraph (3), any individual 
        who, under the procedures established by the Commissioner 
        pursuant to this section, is determined not to be eligible to 
        receive benefits under this Act may appeal that determination 
        to the United States Circuit Court of Appeals for the Ninth 
        Circuit (referred to in this subsection as the `Circuit 
        Court').
            ``(2) Review.--
                    ``(A) In general.--The Circuit Court shall, with 
                respect to each appeal described in paragraph (1)--
                            ``(i) review the entire record (as 
                        certified to the Circuit Court under paragraph 
                        (3)) on which a determination of the 
                        ineligibility of the appellant to receive 
                        benefits under this Act was based; and
                            ``(ii) on the basis of that review, affirm 
                        or reverse that determination.
                    ``(B) Standard of review.--The Circuit Court shall 
                affirm any determination that the Circuit Court 
                determines to be supported by substantial evidence.
            ``(3) Notice of appeal.--
                    ``(A) In general.--To the extent not already 
                provided by this Act or other applicable Federal law, 
                not later than 30 days after a determination of 
                ineligibility under paragraph (1), an affected 
                individual shall file a notice of appeal with--
                            ``(i) the Circuit Court; and
                            ``(ii) the Commissioner.
                    ``(B) Certification of record.--On receipt of a 
                notice under subparagraph (A)(ii), the Commissioner 
                shall submit to the Circuit Court the certified record 
                on which the determination that is the subject of the 
                appeal was made.
                    ``(C) Review period.--Not later than 60 days after 
                receiving a certified record under subparagraph (B), 
                the Circuit Court shall conduct a review and file a 
                decision regarding an appeal in accordance with 
                paragraph (2).
                    ``(D) Binding decision.--A decision made by the 
                Circuit Court under this subsection shall be final and 
                binding on all parties.''.

SEC. 112. PAYMENT FOR USE OF LAND.

    Section 16 of the Act of December 22, 1974 (25 U.S.C. 640d-15), is 
amended--
            (1) by striking ``Sec. 16. (a) The Navajo'' and inserting 
        the following:

``SEC. 12. PAYMENT FOR USE OF LAND.

    ``(a) In General.--The Navajo'';
            (2) in subsection (a), by inserting ``(as in effect on the 
        day before the date of enactment of the Navajo-Hopi Land 
        Settlement Amendments of 2005)'' before ``sections 8 and 3 or 
        4''; and
            (3) in subsection (b)--
                    (A) by striking ``(b) The'' and inserting the 
                following:
    ``(b) Payment.--The''; and
                    (B) by inserting ``(as in effect on the day before 
                the date of enactment of the Navajo-Hopi Land 
                Settlement Amendments of 2005)'' after ``sections 8 and 
                3 or 4''.

SEC. 113. EFFECT OF ACT.

    Section 17 of the Act of December 22, 1974 (25 U.S.C. 640d-16), is 
amended--
            (1) by striking ``Sec. 17. (a)'' and inserting the 
        following:

``SEC. 13. EFFECT OF ACT.

    ``(a) Title, Possession, and Enjoyment.--'';
            (2) in subsection (a)--
                    (A) in the first sentence, by striking ``Nothing'' 
                and inserting the following:
            ``(1) In general.--Nothing''; and
                    (B) in the second sentence, by striking ``Such'' 
                and inserting the following:
            ``(2) Residence on other reservations.--Any''; and
            (3) in subsection (b), by striking ``(b) Nothing'' and 
        inserting the following:
    ``(b) Federal Employees.--Nothing''.

SEC. 114. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS FOR 
              DAMAGES TO LAND.

    Section 18 of the Act of December 22, 1974 (25 U.S.C. 640d-17), is 
amended--
            (1) by striking ``Sec. 18. (a) Either'' and inserting the 
        following:

``SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS 
              FOR DAMAGES TO LAND.

    ``(a) Actions by Tribes.--Either'';
            (2) in subsection (a), by inserting ``(as in effect on the 
        day before the date of enactment of the Navajo-Hopi Land 
        Settlement Amendments of 2005)'' after ``section 3 or 4'';
            (3) in subsection (b)--
                    (A) by striking ``(b) Neither'' and inserting the 
                following:
    ``(b) Defenses.--Neither''; and
                    (B) by inserting ``(as in effect on the day before 
                the date of enactment of the Navajo-Hopi Land 
                Settlement Amendments of 2005)'' after ``section 3 or 
                4'';
            (4) in subsection (c)--
                    (A) by striking ``(c) Either'' and inserting the 
                following:
    ``(c) Further Original, Ancillary, or Supplementary Acts to Ensure 
Quiet Enjoyment.--
            ``(1) In general.--Either''; and
                    (B) in the second sentence, by striking ``Such 
                actions'' and inserting the following:
            ``(2) Action through chairman.--An action under paragraph 
        (1)'';
            (5) in subsection (d)--
                    (A) by striking ``(d) Except'' and inserting the 
                following:
    ``(d) United States as Party; Judgments Against the United 
States.--
            ``(1) In general.--Except''; and
                    (B) in the second sentence, by striking ``Any 
                judgment or judgments'' and inserting the following:
            ``(2) Effect of judgments.--Any judgment''; and
            (6) in subsection (e), by striking ``(e) All'' and 
        inserting the following:
    ``(e) Remedies.--All''.

SEC. 115. JOINT USE.

    Section 19 of the Act of December 22, 1974 (25 U.S.C. 640d-18), is 
amended--
            (1) by striking ``Sec. 19. (a) Notwithstanding'' and 
        inserting the following:

``SEC. 15. JOINT USE.

    ``(a) Reduction of Livestock.--
            ``(1) In general.--Notwithstanding'';
            (2) in subsection (a)(1) (as designated by paragraph (1))--
                    (A) by inserting ``(as in effect on the day before 
                the date of enactment of the Navajo-Hopi Land 
                Settlement Amendments of 2005)'' after ``section 3 or 
                4''; and
                    (B) in the second sentence, by striking ``The 
                Secretary is directed to'' and inserting the following:
            ``(2) Conservation practices and methods.--The Secretary 
        shall'';
            (3) in subsection (b)--
                    (A) by striking ``(b) The'' and inserting the 
                following:
    ``(b) Survey Location of Monuments and Fencing of Boundaries.--
The''; and
                    (B) by inserting ``(as in effect on the day before 
                the date of enactment of the Navajo-Hopi Land 
                Settlement Amendments of 2005)'' after ``sections 8 and 
                3 or 4'' each place it appears; and
            (4) in subsection (c)--
                    (A) by striking ``(c)(1) Surveying'' and inserting 
                the following:
    ``(c) Surveying, Monumenting, and Fencing; Livestock Reduction 
Program.--
            ``(1) Surveying, monumenting, and fencing.--Surveying'';
                    (B) in paragraph (1)--
                            (i) by striking ``of this Act'' and 
                        inserting ``(as in effect on the day before the 
                        date of enactment of the Navajo-Hopi Land 
                        Settlement Amendments of 2005)''; and
                            (ii) by striking ``section 8'' and 
                        inserting ``section 4''; and
                    (C) in paragraph (2), by striking ``(2) The'' and 
                inserting the following:
            ``(2) Livestock reduction program.--The''.

SEC. 116. RELIGIOUS CEREMONIES; PIPING OF WATER.

    Section 20 of the Act of December 22, 1974 (25 U.S.C. 640d-19), is 
amended by striking ``Sec. 20. The members'' and inserting the 
following:

``SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER.

    ``The members''.

SEC. 117. ACCESS TO RELIGIOUS SHRINES.

    Section 21 of the Act of December 22, 1974 (25 U.S.C. 640d-20), is 
amended by striking ``Sec. 21. Notwithstanding'' and inserting the 
following:

``SEC. 17. ACCESS TO RELIGIOUS SHRINES.

    ``Notwithstanding''.

SEC. 118. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF 
              INCOME.

    Section 22 of the Act of December 22, 1974 (25 U.S.C. 640d-21), is 
amended--
            (1) by striking ``Sec. 22. The availability'' and inserting 
        the following:

``SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF 
              INCOME.

    ``(a) In General.--The availability''; and
            (2) by striking ``None of the funds'' and inserting the 
        following:
    ``(b) Federal and State Income Taxes.--None of the funds''.

SEC. 119. AUTHORIZATION OF EXCHANGE.

    Section 23 of the Act of December 22, 1974 (25 U.S.C. 649d-22), is 
amended--
            (1) by striking ``Sec. 23. The Navajo'' and inserting the 
        following:

``SEC. 19. AUTHORIZATION OF EXCHANGE.

    ``(a) In General.--The Navajo''; and
            (2) in the second sentence--
                    (A) by striking ``In the event that the Tribes 
                should'' and inserting the following:
    ``(b) Negotiated Exchanges.--If the Tribes''; and
                    (B) by striking ``sections 14 and 15'' and 
                inserting ``sections 10 and 11''.

SEC. 120. SEVERABILITY.

    Section 24 of the Act of December 22, 1974 (25 U.S.C. 640d-23), is 
amended by striking ``Sec. 24. If'' and inserting the following:

``SEC. 20. SEVERABILITY.

    ``If''.

SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

    Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-24), 
is--
            (1) moved so as to appear at the end of the Act; and
            (2) amended to read as follows:

``SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out section 11 
such sums as are necessary for each of fiscal years 2006 through 
2008.''.

SEC. 122. DISCRETIONARY FUND.

    Section 27 of the Act of December 22, 1974 (25 U.S.C. 640d-25), is 
amended by striking ``Sec. 27.'' and all that follows through ``(c) The 
Secretary'' and inserting the following:

``SEC. 21. DISCRETIONARY FUND.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to a discretionary fund of the Commissioner to carry out 
this Act--
            ``(1) $6,000,000 for the period of fiscal years 2006 
        through 2008; and
            ``(2) such sums as are necessary for each subsequent fiscal 
        year.
    ``(b) Hopi High School and Medical Center.--The Secretary''.

SEC. 123. ATTORNEY FEES AND COURT COSTS.

    Section 29 of the Act of December 22, 1974 (25 U.S.C. 640d-27), is 
amended--
            (1) by striking ``Sec. 29. (a)'' and inserting the 
        following:

``SEC. 22. ATTORNEY FEES AND COURT COSTS.

    ``(a) In General.--'';
            (2) in subsection (a)--
                    (A) by striking ``In any'' and inserting the 
                following:
            ``(1) In general.--In any''; and
                    (B) by striking ``For each'' and inserting the 
                following:
            ``(2) Authorization of appropriations.--For each'';
            (3) in subsection (b)--
                    (A) by striking ``(b) Upon'' and inserting the 
                following:
    ``(b) Award by Court.--
            ``(1) In general.--On''; and
                    (B) in the second sentence, by striking ``Any 
                party'' and inserting the following:
            ``(2) Reimbursement of united states.--Any party'';
            (4) in subsection (c), by striking ``(c) To'' and inserting 
        the following:
    ``(c) Excess Difference.--To''; and
            (5) in subsection (d)--
                    (A) by striking ``(d) This'' and inserting the 
                following:
    ``(d) Application of Section.--This''; and
                    (B) by striking ``section 8 or 18(a) of this Act'' 
                and inserting ``section 4 or section 14(a)''.

SEC. 124. LOBBYING.

    Section 31 of the Act of December 22, 1974 (25 U.S.C. 640d-29), is 
amended--
            (1) by striking ``Sec. 31. (a) Except'' and inserting the 
        following:

``SEC. 23. LOBBYING.

    ``(a) In General.--Except''; and
            (2) in subsection (b), by striking ``(b) Subsection'' and 
        inserting the following:
    ``(b) Applicability.--Subsection''.

SEC. 125. NAVAJO REHABILITATION TRUST FUND.

    The first section designated as section 32 of the Act of December 
22, 1974 (25 U.S.C. 640d-30), is amended--
            (1) by striking ``Sec. 32. (a) There'' and inserting the 
        following:

``SEC. 24. NAVAJO REHABILITATION TRUST FUND.

    ``(a) Establishment.--There'';
            (2) in subsection (b), by striking ``(b) All'' and 
        inserting the following:
    ``(b) Deposit of Income Into Fund.--All'';
            (3) in subsection (c), by striking ``(c) The'' and 
        inserting the following:
    ``(c) Investment of Funds.--The'';
            (4) in subsection (d)--
                    (A) by striking ``(d) Funds'' and inserting the 
                following:
    ``(d) Availability of Funds.--Funds'';
                    (B) in paragraph (1), by striking ``proceedings,'' 
                and inserting ``proceedings;''; and
                    (C) in paragraph (2), by striking ``Act, or'' and 
                inserting ``Act; or'';
            (5) in subsection (e)--
                    (A) by striking ``(e) By December 1'' and inserting 
                the following:
    ``(e) Expenditure of Funds.--
            ``(1) In general.--Not later than December 1''; and
                    (B) in the second sentence, by striking ``Such 
                framework is to be'' and inserting the following:
            ``(2) Requirement.--The framework under paragraph (1) shall 
        be'';
            (6) in subsection (f)--
                    (A) by striking ``(f) The'' and inserting the 
                following:
    ``(f) Termination.--
            ``(1) In general.--The''; and
                    (B) in the second sentence, by striking ``All 
                funds'' and inserting the following:
            ``(2) Transfer of remaining funds.--All funds''; and
            (7) by striking subsection (g).

SEC. 126. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.

    The second section designated as section 32 of the Act of December 
22, 1974 (25 U.S.C. 640-31), is amended by striking ``Sec. 32. 
Nothing'' and inserting the following:

``SEC. 25. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.''.

    ``Nothing''.

         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551(1) of title 5, 
        United States Code.
            (2) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program carried out under Federal law in 
        accordance with the purposes of the Office.
            (3) Office.--The term ``Office'' means the Office of Navajo 
        and Hopi Relocation (including any component of that office).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 202. TRANSFER OF FUNCTIONS.

    (a) In General.--Effective beginning on September 30, 2008, there 
is transferred to the Secretary any function of the Office that has not 
been carried out by the Office in accordance with the Act of December 
22, 1974 (25 U.S.C. 640 et seq.) (as amended by title I).
    (b) Memorandum of Agreement.--Not later than September 29, 2008, 
the Secretary, in consultation with the Director of the Office of 
Management and Budget, may enter into a memorandum of agreement with 
the Office, as the Secretary determines to be appropriate to facilitate 
the transfer under subsection (a).

SEC. 203. PERSONNEL PROVISIONS.

    (a) Appointments.--The Secretary may appoint and fix the 
compensation of such officers and employees as the Secretary determines 
to be necessary to carry out any function transferred under this title.
    (b) Requirements.--Except as otherwise provided by law--
            (1) any officer or employee described in subsection (a) 
        shall be appointed in accordance with the civil service laws; 
        and
            (2) the compensation of such an officer or employee shall 
        be fixed in accordance with title 5, United States Code.

SEC. 204. DELEGATION AND ASSIGNMENT.

    (a) In General.--Except where otherwise expressly prohibited by law 
or otherwise provided by this title, the Secretary may delegate any of 
the functions transferred to the Secretary by this title and any 
function transferred or granted to the Secretary after the effective 
date of this title to such officers and employees of the Department of 
the Interior as the Secretary may designate, and may authorize 
successive redelegations of such functions as may be necessary or 
appropriate.
    (b) Delegation.--No delegation of functions by the Secretary under 
this section or under any other provision of this title shall relieve 
the Secretary of responsibility for the administration of the 
functions.

SEC. 205. REORGANIZATION.

    The Secretary is authorized to allocate or reallocate any function 
transferred under section 202 among the officers of the Department of 
the Interior, and to establish, consolidate, alter, or discontinue such 
organizational entities in the Department of the Interior as the 
Secretary determines to be necessary or appropriate.

SEC. 206. RULES.

    The Secretary is authorized to prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States Code, such 
rules and regulations as the Secretary determines to be necessary or 
appropriate to administer and manage the functions of the Department of 
the Interior.

SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--Except as otherwise provided in this title, the 
personnel employed in connection with, and the assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
used, held, arising from, available to, or to be made available in 
connection with the functions transferred by this title, subject to 
section 1531 of title 31, United States Code, shall be transferred to 
the Department of the Interior in accordance with section 3503 of title 
5, United States Code.
    (b) Unexpended Funds.--Unexpended funds transferred pursuant to 
this section shall be used only for the purposes for which the funds 
were originally authorized and appropriated.

SEC. 208. INCIDENTAL TRANSFERS.

    The Secretary is authorized to make such determinations as may be 
necessary to accept the functions transferred by this title, and to 
make such additional incidental dispositions of personnel, assets, 
liabilities, grants, contracts, property, records, and unexpended 
balances of appropriations, authorizations, allocations, and other 
funds held, used, arising from, available to, or to be made available 
in connection with such functions, as may be necessary to carry out the 
provisions of this title.

SEC. 209. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this title, the 
transfer pursuant to this title of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employee to be separated or reduced 
in grade or compensation for 1 year after the date of transfer of the 
employee under this title.
    (b) Executive Schedule Positions.--Except as otherwise provided in 
this title, any person who, on the day preceding the effective date of 
this title, held a position compensated in accordance with the 
Executive Schedule prescribed in chapter 53 of title 5, United States 
Code, and who, without a break in service, is appointed in the 
Department of the Interior to a position having duties comparable to 
the duties performed immediately preceding such appointment shall 
continue to be compensated in such new position at not less than the 
rate provided for such previous position, for the duration of the 
service of such person in such new position.
    (c) Termination of Certain Positions.--Positions whose incumbents 
are appointed by the President, by and with the advice and consent of 
the Senate, the functions of which are transferred by this title, shall 
terminate on the effective date of this title.

SEC. 210. SEPARABILITY.

    If a provision of this title or the application of this title to 
any person or circumstance is held invalid, neither the remainder of 
this title nor the application of the provision to other persons or 
circumstances shall be affected.

SEC. 211. TRANSITION.

    The Secretary is authorized to use--
            (1) the services of such officers, employees, and other 
        personnel of the Office with respect to functions transferred 
        to the Department of the Interior by this title; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this title.

SEC. 212. REPORTS.

    (a) Fiscal Years 2007 and 2008.--For each of fiscal years 2007 and 
2008, the Commissioner of the Office, in consultation with the Navajo 
and Hopi Indian tribes, shall submit to Congress a report describing--
            (1) the status of the Office;
            (2) any progress made during the preceding year in 
        transferring functions, appropriations, and personnel under 
        this title;
            (3) any progress made toward, or obstacle relating to, 
        completing the relocation process under the Act of December 22, 
        1974 (25 U.S.C. 640d et seq.) (as amended by title I);
            (4) the status of the grazing management program on the 
        area commonly known as the ``New Lands'' of the Navajo Tribe; 
        and
            (5) the needs of the Navajo and Hopi Indian tribes to 
        address the affect of relocation activity, if any, including a 
        financial estimate relating to the needs.
    (b) Subsequent Fiscal Years.--Not later than 1 year after the 
effective date of this title, and annually thereafter, the Secretary, 
in consultation with the Navajo and Hopi Indian tribes, shall submit to 
Congress a report described in subsection (a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2007 through 2009.

SEC. 213. REFERENCES.

    Any reference in a Federal law, Executive order, rule, regulation, 
delegation of authority, or document relating to--
            (1) the Commissioner of the Office, with respect to 
        functions transferred under this title, shall be deemed to be a 
        reference to the Secretary; and
            (2) the Office, with respect to functions transferred under 
        this title, shall be deemed to be a reference to the Department 
        of the Interior.

SEC. 214. ADDITIONAL CONFORMING AMENDMENT.

    Section 5315 of title 5, United States Code, is amended by striking 
the item relating to the Commissioner of the Office.

SEC. 215. EFFECT OF TITLE.

    (a) Continuing Effect of Legal Documents.--Any legal document 
relating to a function transferred by this title that is in effect on 
the effective date of this title shall continue in effect in accordance 
with the terms of the document until the document is modified or 
terminated by--
            (1) the President;
            (2) the Secretary;
            (3) a court of competent jurisdiction; or
            (4) operation of Federal or State law.
    (b) Proceedings Not Affected.--This title shall not affect any 
proceeding (including a notice of proposed rulemaking, an 
administrative proceeding, and an application for a license, permit, 
certificate, or financial assistance) relating to a function 
transferred under this title that is pending before the Office of 
Navajo and Hopi Relocation on the effective date of this title.

SEC. 216. EFFECTIVE DATE.

    This title takes effect beginning September 30, 2008.

    TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION

SEC. 301. SEPARATION PAY.

    The Office of Navajo and Hopi Relocation (referred to in this title 
as the ``Office'') may request funding for, and offer to any employee 
of the Office, voluntary separation incentive payments in accordance 
with subchapter II of chapter 35 of title 5, United States Code.

SEC. 302. FEDERAL RETIREMENT.

    The Office may request funding for, and offer to any employee of 
the Office, voluntary early retirement in accordance with sections 
8336(d)(2) and 8414(b)(1) of title 5, United States Code.

            Passed the Senate May 2, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 1003

_______________________________________________________________________

                                 AN ACT

     To amend the Act of December 22, 1974, and for other purposes.