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







                                                       Calendar No. 324
109th CONGRESS
  1st Session
                                S. 1003

                          [Report No. 109-206]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2005

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

                           December 12, 2005

                Reported by Mr. McCain, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
     To amend the Act of December 22, 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; 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.
   TITLE I--AMENDMENTS TO THE NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974

Sec. 101. Repeal of sections.
Sec. 102. Definitions; division of land.
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. Funding and construction of high school and medical center.
Sec. 123. Environmental impact; wilderness study; cancellation of 
                            leases and permits.
Sec. 124. Attorney fees and court costs.
Sec. 125. Lobbying.
Sec. 126. Navajo Rehabilitation Trust Fund.
Sec. 127. Availability of funds for relocation assistance.
 TITLE II--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

Sec. 201. Retention preference.
Sec. 202. Separation pay.
Sec. 203. Federal retirement.
        TITLE III--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

Sec. 301. Definitions.
Sec. 302. Transfer of functions.
Sec. 303. Transfer and allocations of appropriations.
Sec. 304. Effect of title.

          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 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-28) are repealed.

SEC. 102. DEFINITIONS; DIVISION OF LAND.

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

``SECTION 1. 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. 2. DIVISION OF LAND.

    ``(a) Division.--
            ``(1) In general.--The land located within the boundaries 
        of the reservation established by Executive order on December 
        16, 1982, shall be divided into parcels of equal acreage and 
        quality--
                    ``(A) to the maximum extent practicable; and
                    ``(B) in accordance with the final order issued by 
                the District Court on August 30, 1978 (providing for 
                the partition of the surface rights and interest of the 
                Tribes).
            ``(2) Valuation of parcels.--For the purpose of calculating 
        the value of a parcel produced by a division under paragraph 
        (1), the Secretary shall--
                    ``(A) take into account any improvement on the 
                land; and
                    ``(B) consider the grazing capacity of the land to 
                be fully restored.
            ``(3) Compensation by tribes.--If the partition under 
        paragraph (1) results in parcels of unequal value, as 
        determined by the Secretary, the Tribe that receives the more 
        valuable parcel shall pay to the other Tribe compensation in an 
        amount equal to the difference in the values of the parcels, as 
        determined by the Secretary.
            ``(4) Compensation by federal government.--If the District 
        Court determines that the failure of the Federal Government to 
        fulfill an obligation of the Government decreased the value of 
        a parcel under paragraph (1), the Government shall pay to the 
        recipient of the parcel compensation in an amount equal to the 
        difference between--
                    ``(A) the decreased value of the parcel; and
                    ``(B) the value of the fully restored parcel.'';
            (2) by striking ``(g) Any'' and inserting the following:
    ``(b) License Fees and Rents.--Any''; and
            (3) by striking ``(h) Any'' and inserting the following:
    ``(c) Grazing and Agricultural Use.--Any''.

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 striking ``section 3 or 4'' and inserting 
                ``section <DELETED>1</DELETED> 2''; 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'';
            (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 ensure that the amount of a payment under 
                subparagraph (B) is as minimal as practicable.
            ``(3) Title to land accepted.--The Secretary shall accept 
        title to land under paragraph (1)(B) 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 
        III of the Navajo-Hopi Land Settlement Amendments of 2005.''; 
        and
            (7) by adding at the end the following:
    ``(g) Office of Relocation.--
            ``(1) Establishment.--Effective on October 1, 2006, there 
        is established in the Department of the Interior an Office of 
        Relocation.
            ``(2) Duties.--The Secretary, acting through the Office of 
        Relocation, shall carry out the duties of the Office of Navajo 
        and Hopi Indian Relocation that are transferred to the 
        Secretary in accordance with title III of the Navajo-Hopi Land 
        Settlement Amendments of 2005.
            ``(3) Termination.--The Office of Relocation shall 
        terminate on the date on which the Secretary determines that 
        the duties of the Office have been carried out.''.

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''; and
                            (iii) by striking ``section 3 or 4'' and 
                        inserting ``section <DELETED>1</DELETED> 2'';
                    (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, 2005, 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'';
                            (ii) by striking ``section 8'' and 
                        inserting ``section 4''; and
                            (iii) by striking ``section 3 or 4'' and 
                        inserting ``section <DELETED>1</DELETED> 2'';
            (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 striking ``section 3 or 4'' and inserting 
                ``section <DELETED>1</DELETED> 2'';
            (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 Held in Trust.--
            ``(1) In general.--Not later than September 30, 2008, the 
        Commissioner shall notify the Secretary of the identity of any 
        head of household 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 of which the head of household 
                is a member; and
                    ``(C) has not received a replacement home.
            ``(2) Transfer of funds.--Not later than September 30, 
        2008, the Commissioner shall transfer to the Secretary any 
        funds not used by the Commissioner to make payments under this 
        Act to eligible heads of households.
            ``(3) Disposition of transferred funds.--
                    ``(A) In general.--The Secretary shall hold any 
                funds transferred under paragraph (2) in trust for the 
                heads of households described in paragraph (1)(A).
                    ``(B) Payment amounts.--Of the funds held in trust 
                under subparagraph (A), the Secretary shall make 
                payments to 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 in trust 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; 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.
    ``(h) Notification.--
            ``(1) In general.--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 
        Hopi Tribe under this Act from the Secretary or the United 
        States Attorney for the District of Arizona, the Commissioner 
        may begin construction of a replacement home on any land 
        acquired under section 6.
    ``(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.
            ``(3) Notice.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of the Navajo-Hopi Land Settlement 
                Amendments of 2005, 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 subparagraph (A) shall--
                            ``(i) specify that a request for a 
                        determination of eligibility for benefits under 
                        this Act shall be presented to the Commission 
                        not later than 180 days after the date on which 
                        the notice is issued; and
                            ``(ii) be provided--
                                    ``(I) by mail (including means 
                                other than certified mail) to the last 
                                known address 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 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 to review the requests referred 
        to in subsection (i)(3)(A), 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.--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 striking ``sections 8 and 3 or 
        4'' and inserting ``sections <DELETED>1</DELETED> 2 and 4''; 
        and
            (3) in subsection (b)--
                    (A) by striking ``(b) The'' and inserting the 
                following:
    ``(b) Payment.--The''; and
                    (B) by striking ``sections 8 and 3 or 4'' and 
                inserting ``sections <DELETED>1</DELETED> 2 and 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 striking ``section 3 or 4'' and 
        inserting ``section <DELETED>1</DELETED> 2'';
            (3) in subsection (b)--
                    (A) by striking ``(b) Neither'' and inserting the 
                following:
    ``(b) Defenses.--Neither''; and
                    (B) by striking ``section 3 or 4'' and inserting 
                ``section <DELETED>1</DELETED> 2'';
            (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 striking ``section 3 or 4'' and inserting 
                ``section <DELETED>1</DELETED> 2''; 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 striking ``sections 8 and 3 or 4'' each 
                place it appears and inserting ``sections <DELETED>1</DELETED> 
                2 and 4''; 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 ``section 4'' and inserting 
                        ``section <DELETED>1</DELETED> 2''; 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. 27. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Relocation of Households and Members.--There is authorized to 
be appropriated to carry out section 10(b) $13,000,000.
    ``(b) Relocation of Households and Members.--There are authorized 
to be appropriated to carry out section 11 such sums as are necessary 
for each of fiscal years 2006 through 2008.
    ``(c) Return to Carrying Capacity and Institution of Conservation 
Practices.--There is authorized to be appropriated to carry out section 
15(a) $10,000,000.
    ``(d) Survey Location of Monuments and Fencing of Boundaries.--
There is authorized to be appropriated to carry out section 15(b) 
$500,000.''.

SEC. 122. FUNDING AND CONSTRUCTION OF HIGH SCHOOL AND MEDICAL CENTER.

    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. FUNDING AND CONSTRUCTION OF HIGH SCHOOL AND MEDICAL CENTER.

    ``The Secretary''.

SEC. 123. ENVIRONMENTAL IMPACT; WILDERNESS STUDY; CANCELLATION OF 
              LEASES AND PERMITS.

    Section 28 of the Act of December 22, 1974 (25 U.S.C. 640d-26) is 
amended--
            (1) by striking ``sec. 28. (a) No action'' and inserting 
        the following:

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

    ``(a) In General.--No action'';
            (2) in subsection (b), by striking ``(b) Any'' and 
        inserting the following:
    ``(b) Effect of Wilderness Study.--Any''; and
            (3) by adding at the end the following:
    ``(c) Construction Requirements.--
            ``(1) In general.--Any construction activity under this Act 
        shall be carried out in accordance with sections 3 through 7 of 
        the Act of June 27, 1960 (16 U.S.C. 469a-1 through 469c).
            ``(2) Compliance with other requirements.--If a 
        construction activity meets the requirements under paragraph 
        (1), the activity shall be considered to be in accordance with 
        any applicable requirement of--
                    ``(A) Public Law 89-665 (80 Stat. 915); and
                    ``(B) the Act of June 8, 1906 (34 Stat. 225, 
                chapter 3060).''.

SEC. 124. 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. 23. 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. 125. 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. 24. LOBBYING.

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

SEC. 126. 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. 25. 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) in subsection (g)--
                    (A) by striking ``(g) There is hereby'' and 
                inserting the following:
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is'';
                    (B) in the first sentence, by striking ``1990, 
                1991, 1992, 1993, 1994, and 1995'' and inserting ``2006 
                through 2008''; and
                    (C) in the second sentence, by striking ``The 
                income'' and inserting the following:
            ``(2) Income from land.--The income''.

SEC. 127. 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. 26. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.''.

    ``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 of title 5, United States Code, is 
amended by adding at the end the following:
``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 (referred to in this 
section 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 an occupational group 
        or at a pay level that minimizes the disruption of ongoing 
        Office programs at the time that the separation pay is offered.
            ``(2) Requirement.--Any separation pay offered under this 
        subsection--
                    ``(A) shall be paid in a lump sum;
                    ``(B) shall be in an amount equal to $25,000, if 
                paid on or before December 31, 2007;
                    ``(C) shall be in an amount equal to $20,000, if 
                paid after December 31, 2007, and before January 1, 
                2009;
                    ``(D) shall be in an amount equal to $15,000, if 
                paid after December 31, 2008, and before January 1, 
                2010;
                    ``(E) shall not--
                            ``(i) be a basis for payment;
                            ``(ii) be considered to be 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, shall 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 31, 2009.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 55 of 
title 5 is amended by adding at the end the following:

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

SEC. 203. FEDERAL RETIREMENT.

    (a) Civil Service Retirement System.--
            (1) 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, 1985, and ending on 
        the date of separation of that employee'' before the final 
        comma.
            (2) Computation of annuity.--Section 8339(d) of title 5, 
        United States Code, is amended by adding at the end the 
        following:
    ``(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, 1985, the annuity of that employee 
shall be in an amount equal to the sum of--
            ``(A) the product obtained by multiplying--
                    ``(i) 2\1/2\ percent of the average pay of the 
                employee; and
            ``(ii) the quantity of service of the employee on or after 
        January 1, 1985, that does not exceed 10 years; and
            ``(B) the product obtained by multiplying--
                    ``(i) 2 percent of the average pay of the employee; 
                and
                    ``(ii) the quantity of the service of the employee 
                on or after January 1, 1985, that exceeds 10 years.''.
    (b) Federal Employees Retirement System.--
            (1) Immediate retirement.--Section 8412 of title 5, United 
        States Code, is amended by adding at the end the following:
    ``(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, 1985, 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.''.
            (2) Computation of basic annuity.--Section 8415 of title 5, 
        United States Code, is amended--
        <DELETED>    (1) by redesignating subsection (l) as subsection 
        (m);</DELETED>
        <DELETED>    (2) by redesignating the second subsection 
        designated as subsection (k) as subsection (l); and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                    (A) by redesignating subsection (l) as subsection 
                (m);
                    (B) by redesignating the second subsection 
                designated as subsection (k) as subsection (l); and
                    (C) by adding at the end the following:
    ``(n) The annuity of an employee retiring under section 8412(i) 
shall be determined in accordance with subsection (d), except that with 
respect to service during the period beginning on January 1, 1985, the 
annuity of the employee shall be an amount equal to the sum of--
            ``(1) the product obtained by multiplying--
                    ``(A) 2 percent of the average pay of the employee; 
                and
                    ``(B) the quantity of the total service of the 
                employee that does not exceed 10 years; and
            ``(2) the product obtained by multiplying--
                    ``(A) 1\1/2\ percent of the average pay of the 
                employee; and
                    ``(B) the quantity of the total service of the 
                employee that exceeds 10 years.''.

        TITLE III--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

SEC. 301. 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.
            (3) Office.--The term ``Office'' means the Office of Navajo 
        and Hopi Relocation (including any component of that office).

SEC. 302. TRANSFER OF FUNCTIONS.

    Effective on the date of enactment of this Act, there is 
transferred to the Secretary of the Interior any function of the Office 
that has not been carried out by the Office on the date of enactment of 
this Act, as determined by the Secretary of the Interior in accordance 
with the Act of December 22, 1974 (25 U.S.C. 640 et seq.) (as amended 
by title I).

SEC. 303. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS.

    (a) In General.--Except as otherwise provided in this Act and the 
amendments made by this Act, any asset, liability, contract, property, 
record, or unexpended balance of appropriations, authorizations, 
allocations, and other funds made available to carry out the functions 
transferred by this title shall be transferred to the Secretary of the 
Interior, subject to section 1531 of title 31, United States Code.
    (b) Use of Funds.--Any unexpended funds transferred under 
subsection (a) shall be used only for the purposes for which the funds 
were originally authorized and appropriated.

SEC. 304. 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 date of enactment of this Act 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 of the Interior;
            (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 date of enactment of this Act.
                                                       Calendar No. 324

109th CONGRESS

  1st Session

                                S. 1003

                          [Report No. 109-206]

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                                 A BILL

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

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                           December 12, 2005

                        Reported with amendments