[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5039 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5039

   To make technical amendments to Public Law 93-531, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2014

 Mrs. Kirkpatrick introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To make technical amendments to Public Law 93-531, 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. NAVAJO RESERVATION BOUNDARY CLARIFICATION.

    Subsection (b) of section 11 of the Act of December 22, 1974 (25 
U.S.C. 640d-10(b)) is amended--
            (1) by striking ``present boundary of the Navajo 
        Reservation'' and inserting ``trust lands of the Navajo Tribe, 
        including the bands of the Navajo Tribe, as of January 1, 
        2014''; and
            (2) by striking ``present boundary of the reservation'' and 
        inserting ``trust lands of the Navajo Tribe, including the 
        bands of the Navajo Tribe, as of January 1, 2014''.

SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING ERROR.

    Section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10) is 
amended by adding at the end the following:
    ``(j) The Navajo Tribe shall have the right to deselect not more 
than 757 acres of the land selected under this section as of January 1, 
2014, whether or not that land has already been taken into trust by the 
Secretary. Trust land deselected by the Navajo Tribe shall be taken out 
of trust and shall be administered by the Bureau of Land Management. 
The Navajo Tribe shall then have the right to reselect up to the same 
amount of land that is deselected and returned, in accordance with the 
provisions of this section.''.

SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the Interior shall submit a report to the Committee on 
Natural Resources in the House of Representatives and the Committee on 
Indian Affairs in the Senate a report that contains the following:
            (1) The dates that the Secretary rendered initial rental 
        decisions on annual rents owed by the Navajo Tribe to the Hopi 
        Tribe pursuant to section 16(a) of the Act of December 22, 1974 
        (25 U.S.C. 640d-15(a)) for each of years 2001 through 2013, 
        including an explanation for any delay longer than 12 months 
        after the end of any year during that period.
            (2) The current status of all rental determinations for 
        each of years 2001 through 2013, and, to the extent appeals are 
        pending with the Secretary, where these appeals are pending, 
        and how long such appeals have been pending at that locale.
            (3) To the extent that rental determinations have been 
        delayed, the role, if any, in the delay that has been the 
        result of contracts with the Bureau of Indian Affairs related 
        to a contract under the Indian Self-Determination Act (25 
        U.S.C. 450f).
            (4) What contract provisions, if any, have been included in 
        any contract under the Indian Self-Determination Act (25 U.S.C. 
        450f) between the Bureau of Indian Affairs and any contractor 
        to ensure that the contractor's performance of those functions 
        which are otherwise the obligations of the Bureau of Indian 
        Affairs to carry out the requirements of section 16(a) of the 
        Act of December 22, 1974 (25 U.S.C. 640d-15(a)) is free from 
        conflicts of interest as required by part 900.231 through part 
        900.236 of title 25, Code of Federal Regulations.
            (5) The total amount that the Navajo Tribe has paid as rent 
        and interest pursuant to section 16(a) of the Act of December 
        22, 1974 (25 U.S.C. 640d-15(a)), including the amount of 
        prejudgment interest paid by the Navajo Tribe and the amount of 
        post-judgment interest paid by the Navajo Tribe.
            (6) A plan to bring initial rental determinations current 
        through the 2014 year as of April 1, 2015.
            (7) A plan to ensure that, beginning on April 1, 2016, all 
        annual rental determinations are completed and delivered to the 
        Navajo Tribe and the Hopi Tribe on or before April 1 of each 
        year.

SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT DEMONSTRATION PROJECT.

    (a) Navajo Sovereignty Empowerment Zones.--The Navajo Tribe shall 
have the authority to designate up to 150,000 acres within one or more 
of the following, which shall be designated as Navajo Sovereignty 
Empowerment Zones:
            (1) All lands selected by the Navajo Tribe pursuant to 
        section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10).
            (2) The lands within that portion of the Navajo Reservation 
        lying west of the Executive Order Reservation of 1882 and 
        bounded on the north and south by westerly extensions, to the 
        reservation line, of the northern and southern boundaries of 
        said Executive Order Reservation (formerly known as the 
        ``Bennett Freeze'' area).
            (3) All lands partitioned to the Navajo Tribe pursuant to 
        sections 3 and 4 of the Act of December 22, 1974 (25 U.S.C. 
        640d-2 and 640d-3).
    (b) Applicability of Certain Laws.--Within the Navajo Sovereignty 
Empowerment Zones, the following laws are waived with regard to 
renewable energy development, housing development, public and community 
facilities, and infrastructure development (such as water and 
wastewater development, roads, transmission lines, gas lines, and 
rights-of-way):
            (1) The Wilderness Act (16 U.S.C. 1131 et seq.).
            (2) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (3) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
            (4) The National Historic Preservation Act (16 U.S.C. 470 
        et seq.).
            (5) Public Law 86-523 (16 U.S.C. 469 et seq.).
            (6) The Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906'' (16 U.S.C. 431 et seq.)).
            (7) The Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
            (8) The National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.).
            (9) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
        seq.).
            (10) The Fish and Wildlife Coordination Act (16 U.S.C. 661 
        et seq.).
            (11) Subchapter II of chapter 5, and chapter 7, of title 5, 
        United States Code (commonly known as the ``Administrative 
        Procedure Act'').
            (12) The National Park Service Organic Act (16 U.S.C. 1 et 
        seq.).
            (13) The General Authorities Act of 1970 (Public Law 91-
        383) (16 U.S.C. 1a-1 et seq.).
            (14) Sections 401(7), 403, and 404 of the National Parks 
        and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 3467).
            (15) The Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
    (c) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes--
            (1) the laws and regulations of the Navajo Nation which 
        shall remain in full force and effect within the Navajo 
        Sovereignty Empowerment Zones; or
            (2) the treaties or other agreements between the United 
        States and the Navajo Tribe.
    (d) Navajo-Hopi Dispute Settlement Act.--Nothing in this section 
waives the provisions of the Navajo-Hopi Dispute Settlement Act of 1996 
(25 U.S.C. 640d note).
    (e) Funding and Grants.--Nothing in this section negates or 
diminishes the eligibility of the Navajo Tribe to receive or continue 
to receive funding and grants under the Navajo-Hopi Dispute Settlement 
Act of 1996 or any other laws of the United States.

SEC. 5. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR 
              RELOCATION BENEFITS.

    The Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d 
note) is amended by adding at the end the following:

``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY 
              FOR RELOCATION BENEFITS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Settlement Agreement, or the Accommodation Agreement, any Navajo 
head of household, or the successor thereto if such person is no longer 
the head of household, that has entered into an Accommodation Agreement 
shall have the following rights:
            ``(1) To relinquish that Agreement for up to two years 
        after the effective date of this section.
            ``(2) After a relinquishment under paragraph (1), to 
        receive the full relocation benefits to which the Navajo head 
        of household would otherwise have been entitled had the head of 
        household not signed the Accommodation Agreement, including 
        relocation housing, counseling, and other services. In the 
        event that the Navajo head of household is no longer the head 
        of household, the successor thereto shall be entitled to 
        receive the full relocation benefits.
    ``(b) Timing.--A relinquishment under subsection (a) shall not go 
into effect until the Office of Navajo and Hopi Indian Relocation 
provides the full relocation benefits to the Navajo head of household, 
or successor thereto.''.

SEC. 6. NAVAJO REHABILITATION TRUST FUND.

    Section 32 of Public Law 93-531 (25 U.S.C. 640d-30) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (2), by striking ``or'';
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``, or''; and
                    (C) by adding at the end the following:
            ``(4) at the discretion of the Navajo Tribe, to use for 
        development in the Navajo Sovereignty Empowerment Zones 
        established pursuant to section 104.'';
            (2) in the first sentence of subsection (f), by striking 
        ``and the United States has been reimbursed for funds 
        appropriated under subsection (f) of this section''; and
            (3) in subsection (g)--
                    (A) in the first sentence, by striking ``1990, 
                1991, 1992, 1993, and 1994'' and all that follows 
                through the final period and inserting ``2014, 2015, 
                2016, 2017, and 2018.''; and
                    (B) by striking the second sentence.
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