[Congressional Record Volume 142, Number 106 (Thursday, July 18, 1996)]
[Senate]
[Pages S8160-S8162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 1973. A bill to provide for the settlement of the Navajo-Hopi land 
dispute, and for other purposes; to the Committee on Indian Affairs.


          The Navajo-Hopi Land Dispute Settlement Act of 1996

  Mr. McCAIN. Mr. President, I introduce legislation to ratify the 
settlement of four claims of the Hopi Tribe against the United States 
and to provide the necessary authority to the Hopi Tribe to issue 75-
year lease agreements to Navajo families residing on the Hopi 
Partitioned Land. This legislation will ratify the settlement and 
accommodation agreements between the Department of Justice, the Hopi 
Tribe, the Navajo Nation, and the Navajo families residing on the Hopi 
Partitioned Lands.
  This settlement marks an important first step in bringing this 
longstanding dispute between the Hopi Tribe, the Navajo Nation, and the 
United States to an orderly and peaceful conclusion. These agreements 
are the product of many years of negotiation under the auspices of the 
Ninth Circuit Court of Appeals mediation process. While I understand 
that there are factions in both the Hopi Tribe and the Navajo Nation 
who have voiced their opposition to this proposal, I believe that these 
agreements represent the only realistic way to settle the claims of the 
Hopi Tribe against the United States and to provide an accommodation 
for the hundreds of Navajos residing on Hopi Partitioned Lands.
  I believe it is imperative that the Congress take steps to bring this 
longstanding dispute to a final resolution. It has been over 22 years 
since the Navajo-Hopi Settlement Act was passed to settle the disputes 
between the Navajo Nation and the Hopi Tribe. Since that time, the 
Federal Government has spent over $350 million to fund the Navajo-Hopi 
Relocation Program. The funding for this settlement has exceeded the 
original cost estimates by more than 900 percent. And yet, there are 
over 130 appeals still pending, which raises a great deal of 
uncertainty regarding who is and is not eligible for relocation 
benefits under the act. I am convinced that future Federal budgetary 
pressures will require that the Navajo-Hopi Relocation Housing Program 
be brought to an orderly and certain conclusion. In light of the 
current atmosphere in Congress, it is highly unlikely that the Federal 
Government will continue to provide benefits through the Office of 
Navajo and Hopi Indian Relocation much longer. In order to bring this 
process to an orderly conclusion, I will introduce separate legislation 
in the near future that will provide for an orderly phase out of the 
Navajo-Hopi Relocation Housing Program in 5 years. As an important 
first step, it is critical that the Congress pass legislation to settle 
the outstanding claims of the Hopi Tribe against the United States.
  The legislation I am introducing today will provide a resolution to 
these outstanding claims while allowing those Navajo families who are 
inclined to remain on Hopi Partitioned Land the opportunity to do so 
for 75 years under an accommodation agreement with the Hopi Tribe. The 
settlement agreement provides that those eligible Navajo families 
wishing to receive relocation benefits will have a time certain in 
which to apply for and receive their benefits. The Agreement also 
recognizes the Hopi Tribe's right to exercise jurisdiction over the 
Hopi Partitioned Lands where Navajo families are residing.

  The settlement agreement settles four claims by the Hopi Tribe 
against the United States. The first claim settled by the agreement is 
Hopi Tribe versus Navajo Tribe, et al., pending in the U.S. District 
Court in Phoenix, which is a claim for damages due to the failure of 
the Federal Government to make timely rental value determinations 
required under 25 U.S.C. 640d-15(a).
  The second claim settled by this agreement is Secakuku versus Hale, 
et al., pending in the U.S. Court of Appeals for the Ninth Circuit, 
which is a claim for damages against the United States for post-
partition damages to the Hopi partitioned lands caused by overgrazing 
before the lands were partitioned.
  The third claim settled by this agreement is Hopi Tribe v. United 
States, pending in the United States Court of Federal Appeals, which is 
a claim for damages for the failure of the Federal Government to 
collect livestock trespass penalties, forage consumed fees, and 
property damages fees on behalf of the Hopi Tribe.
  The last claim settled by the agreement is a claim against the United 
States for the failure of the Federal Government to give the Hopi Tribe 
quiet possession of the Hopi lands that are used and occupied by Navajo 
families.
  In exchange for waiving these claims against the United States and 
for providing an accommodation agreement for the Navajo families 
residing on the

[[Page S8161]]

Hopi Partitioned Lands, the United States will pay the Hopi Tribe $50.2 
million under a structured settlement which is keyed to the performance 
of certain activities under the settlement agreement.
  The settlement agreement provides that funds shall be paid out in the 
following manner: First, the Hopi Tribe will receive $2.4 million once 
the tribe files a motion to dismiss its appeal in the Ninth Circuit in 
Secakuku versus Hale; second the Hopi Tribe will receive $22.7 million 
once legislation extending the tribe's leasing authority to 75 years 
has been enacted and once the tribe's claims in the Court of Claims for 
damages due to any Federal action which occurred before 1982 are 
dismissed; third, the Hopi Tribe will receive $10 million once 65 
percent of the Navajo families residing on the Hopi reservation have 
signed the accommodation agreement or request to be relocated and once 
the Hopi Tribe's claims in the Court of Claims for livestock trespass 
damages against the United States from 1983 through 1988 are dismissed; 
fourth the Hopi Tribe will receive $15.1 million once 75 percent of the 
Navajo families residing on the Hopi reservation have signed the 
accommodation agreements or request to be relocated and once the Hopi 
Tribe's claims in the Court of Federal Appeals for livestock trespass 
damages against the United States from 1989 through and including 1996 
are dismissed.
  This settlement has the support of the Navajo Nation, Hopi Tribe, the 
Departments of Justice and Interior, and the State of Arizona. The 
accommodation agreement for the Navajo families was negotiated and 
approved by representatives of the Navajo families residing on the Hopi 
Partitioned Land. While I understand that this legislation ratifying 
the settlement agreement does not completely resolve the disputes 
between the Navajo and Hopi Tribes, I believe the agreement represents 
significant progress toward an overall settlement of these highly 
contentious and longstanding claims between the two tribes.
  Finally, I would like to congratulate all the parties for their 
dedication and hard work in crafting these historic agreements. I am 
pleased to note that the parties have been sensitive to the concerns of 
local government in negotiating this settlement agreement, which enjoys 
the support of the Governor of the State of Arizona.
  Mr. President, I ask unanimous consent that the full text ofthe bill 
and the accompanying section by section analysis appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1973

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) it is in the public interest for the Tribe, Navajos 
     residing on the Hopi Partitioned Lands, and the United States 
     to reach a peaceful resolution of the longstanding 
     disagreements between the parties under the Act commonly 
     known as the ``Navajo-Hopi Land Settlement Act of 1974'' 
     (Public Law 93-531; 25 U.S.C. 640d et seq.);
       (2) it is in the best interest of the Tribe and the United 
     States that there be a fair and final settlement of certain 
     issues remaining in connection with the Navajo-Hopi Land 
     Settlement Act of 1974, including the full and final 
     settlement of the multiple claims that the Tribe has against 
     the United States;
       (3) this Act, together with the Settlement Agreement 
     executed on December 14, 1995, and the Accommodation 
     Agreement (as incorporated by the Settlement Agreement), 
     provide the authority for the Tribe to enter agreements with 
     eligible, traditional Navajo families in order for those 
     families to remain residents of the Hopi Partitioned Lands 
     for a period of 75 years, subject to the terms and conditions 
     of the Accommodation Agreement;
       (4) the United States acknowledges and respects--
       (A) the sincerity of the traditional beliefs of the members 
     of the Tribe and the Navajo families residing on the Hopi 
     Partitioned Lands; and
       (B) the importance that the respective traditional beliefs 
     of the members of the Tribe and Navajo families have with 
     respect to the culture and way of life of those members and 
     families;
       (5) this Act, the Settlement Agreement, and the 
     Accommodation Agreement provide for the mutual respect and 
     protection of the traditional religious beliefs and practices 
     of the Navajo families residing on the Hopi Partitioned 
     Lands; and
       (6) the Tribe is encouraged to work with the Navajo 
     families residing on the Hopi Partitioned Lands to address 
     their concerns regarding the establishment of family or 
     individual burial plots for deceased family members who have 
     resided on the Hopi Partitioned Lands.

     SEC. 3. DEFINITIONS.

       Except as otherwise provided in this Act, for purposes of 
     this Act, the following definitions shall apply:
       (1) Accommodation.--The term ``Accommodation'' has the 
     meaning provided the term ``Accommodation'' under the 
     Settlement Agreement.
       (2) Hopi partitioned lands.--The term ``Hopi Partitioned 
     Lands'' means lands located in the Hopi Partitioned Area, as 
     defined in section 168.1(g) of title 25, Code of Federal 
     Regulations (as effect on the date of enactment of this Act).
       (3) Navajo partitioned lands.--The term ``Navajo 
     Partitioned Lands'' has the meaning provided that term in the 
     proposed regulations issued on November 1, 1995, at 60 Fed. 
     Reg. 55506.
       (4) New lands.--The term ``New Lands'' has the meaning 
     provided that term in section 700.701(b) of title 25, Code of 
     Federal Regulations.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Settlement agreement.--The term ``Settlement 
     Agreement'' means the agreement between the United States and 
     the Hopi Tribe executed on December 14, 1995.
       (7) Tribe.--The term ``Tribe'' means the Hopi Tribe.

     SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

       The United States approves, ratifies, and confirms the 
     Settlement Agreement.

     SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.

       The Secretary shall take such action as may be necessary to 
     ensure that the following conditions are met prior to taking 
     lands into trust for the benefit of the Tribe pursuant to the 
     Settlement Agreement:
       (1) Selection of lands taken into trust.--
       (A) Primary area.--In accordance with section 7(a) of the 
     Settlement Agreement, the primary area within which lands may 
     be taken into trust by the Secretary for the benefit of the 
     Tribe under the Settlement Agreement shall be located in 
     northern Arizona.
       (B) Requirements for lands taken into trust in the primary 
     area.--Lands taken into trust in the primary area referred to 
     in subparagraph (A) shall be--
       (i) land that is used substantially for ranching, 
     agriculture, or another similar use; and
       (ii) to the extent feasible, in contiguous parcels.
       (2) Acquisition of lands.--Before taking any land into 
     trust for the benefit of the Tribe under this section, the 
     Secretary shall ensure that:
       (A) At least 75 percent of the eligible Navajo heads of 
     household (as determined under the Settlement Agreement) have 
     entered into an accommodation or have chosen to relocate and 
     are eligible for relocation assistance (as determined under 
     the Settlement Agreement).
       (B) The Tribe has consulted with the State of Arizona 
     concerning the lands proposed to be placed in trust, 
     including consulting the State concerning the impact of 
     placing those lands into trust on the State and political 
     subdivisions thereof resulting from the removal of land from 
     the tax rolls in a manner consistent with the provisions of 
     part 151 of title 25, Code of Federal Regulations.

     SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN 
                   INTERSPERSED LANDS.

       (a) In General.--
       (1) Action by the secretary.--
       (A) In general.--The Secretary shall take action as 
     specified in subparagraph (B), to the extent that the Tribe, 
     in accordance with section 7(b) of the Settlement Agreement--
       (i) acquires private lands; and
       (ii) requests the Secretary to acquire through condemnation 
     interspersed lands that are owned by the State of Arizona and 
     are located within the exterior boundaries of those private 
     lands in order to have both the private lands and the State 
     lands taken into trust by the Secretary for the benefit of 
     the Tribe.
       (B) Acquisition through condemnation.--With respect to a 
     request for an acquisition of lands through condemnation made 
     under subparagraph (A), the Secretary shall, upon the 
     recommendation of the Tribe, take such action as may be 
     necessary to acquire the lands through condemnation and pay 
     the State of Arizona fair market value for those lands in 
     accordance with applicable Federal law, if the conditions 
     described in paragraph (2) are met.
       (2) Conditions for acquisition through condemnation.--The 
     Secretary may acquire lands through condemnation under this 
     subsection if--
       (A) that acquisition is consistent with the purpose of 
     obtaining not more than 500,000 acres of land to be taken 
     into trust for the Tribe;
       (B) the State of Arizona concurs with the United States 
     that the acquisition is consistent with the interests of the 
     State; and
       (C) the Tribe pays for the land acquired through 
     condemnation under this subsection.

[[Page S8162]]

       (b) Disposition of Lands.--If the Secretary acquires lands 
     through condemnation under subsection (a), the Secretary 
     shall take those lands into trust for the Tribe in accordance 
     with this Act and the Settlement Agreement.
       (c) Private Lands.--The Secretary may not acquire private 
     lands through condemnation for the purpose specified in 
     subsection (a)(2)(A).

     SEC. 7. ACTION TO QUIET TITLE.

       If the United States fails to discharge the obligations 
     specified in section 9(c) of the Settlement Agreement with 
     respect to voluntary relocation of Navajos residing on Hopi 
     Partitioned Lands, or section 9(d) of the Settlement 
     Agreement, relating to the implementation of sections 700.137 
     through 700.139 of title 25, Code of Federal Regulations, on 
     the New Lands, including failure for reason of insufficient 
     funds made available by appropriations or otherwise, the 
     Tribe may bring an action to quiet possession that relates to 
     the use of the Hopi Partitioned Lands after February 1, 2000, 
     by a Navajo family that is eligible for an accommodation, but 
     fails to enter into an accommodation.

     SEC. 8. PAYMENTS IN LIEU OF TAXES.

       Section 6901(1) of title 31, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (F);
       (2) by striking the period at the end of subparagraph (G) 
     and inserting ``; and''; and
       (3) by inserting at the end the following new subparagraph:
       ``(H) Fee lands owned by the Hopi Tribe or members of the 
     Hopi Tribe that are taken into trust by the Secretary of the 
     Interior pursuant to the agreement between the United States 
     and the Hopi Tribe executed on December 14, 1995.''.

     SEC. 9. 75-YEAR LEASING AUTHORITY.

       The first section of the Act of August 9, 1955 (69 Stat. 
     539, chapter 615; 25 U.S.C. 415) is amended--
       (1) in subsection (a), by inserting before the period at 
     the end of the second sentence the following: ``, and except 
     leases of land by the Hopi Tribe to Navajo Indians on the 
     Hopi Partitioned lands, which may be for a term of years not 
     to exceed seventy-five years''; and
       (2) by adding at the end the following new subsection:
       ``(c) For purposes of this section--
       ``(1) the term `Hopi Partitioned Lands' means lands located 
     in the Hopi Partitioned Area, as defined in section 168.1 (g) 
     of title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this subsection); and
       ``(2) the term `Navajo Indians' means members of the Navajo 
     Tribe.''.

     SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION 
                   HOUSING PROGRAM.

       Section 25(a)(8) of Public Law 93-531 (25 U.S.C. 640d-
     24(a)(8)) is amended by striking ``1996, and 1997'' and 
     inserting ``1996, 1997, 1998, 1999, and 2000''.
                                                                    ____


Section by Section Analysis of the Navajo-Hopi Land Dispute Settlement 
                              Act of 1996

       SECTION ONE.--SHORT TITLE
       This section cites the short title of the Act as the 
     ``Navajo-Hopi Land Dispute Settlement Act of 1996''.
       SECTION TWO.--FINDINGS
       This section sets out the findings of the Congress.
       SECTION THREE.--DEFINITIONS
       This section sets out the definitions used in the Act.
       SECTION FOUR. RATIFICATION OF THE SETTLEMENT AGREEMENT
       This section provides that the United States approves, 
     ratifies and confirms the Settlement Agreement between the 
     Hopi tribe and the United States executed on December 14, 
     1995.
       SECTION FIVE.--CONDITIONS FOR LANDS TAKEN INTO TRUST
       This section provides that, in accordance with section 7(a) 
     of the Settlement Agreement lands which may be taken into 
     trust by the Secretary of the Interior for the Hopi tribe 
     shall be located in Northern Arizona. It provides that lands 
     selected by the Hopi tribe shall be in contiguous parcels if 
     feasible and shall be lands that were substantially used for 
     ranching and agriculture. It further provides that the 
     Secretary shall ensure that at least 75 percent of the heads 
     of households, as determined by the Settlement Agreement, 
     have entered into an accommodation agreement with the Hopi 
     tribe or have chosen to receive their relocation benefits, 
     prior to placing land into trust for the Hopi tribe pursuant 
     to this settlement. The Secretary must also ensure that the 
     Hopi tribe has consulted with the State of Arizona regarding 
     the lands to be placed in trust consistent with 25 C.F.R. 
     part 151.
       SECTION SIX.--ACQUISITION BY CONDEMNATION OF CERTAIN 
     INTERSPERSED LANDS
       This section authorizes the Secretary of the Interior, at 
     the request of the Hopi tribe take such action as is 
     necessary to acquire, through condemnation action, lands 
     owned by the State of Arizona that are located within the 
     exterior boundaries of lands owned by the Hopi tribe. It also 
     provides that the Secretary shall pay the State of Arizona 
     fair market value for such lands. It further provides that 
     the Secretary may only acquire such lands if the State of 
     Arizona concurs with the acquisition, the tribe pays for the 
     lands acquired through the condemnation, and the Hopi tribe 
     has not exceeded the 500,000 acre limit in the settlement 
     agreement. Finally, the section provides that the Secretary 
     shall take lands acquired under the section into trust for 
     the benefit of the Hopi Tribe in accordance with the 
     Settlement Agreement.
       SECTION SEVEN.--ACTION TO QUIET TITLE
       This section provides that if the United States fails to 
     discharge its obligations under section 9 of the settlement 
     agreement, the Hopi Tribe is authorized to bring an action of 
     quiet possession against any Navajo family residing on the 
     Hopi Partitioned Lands after February 1, 2000, that has not 
     entered into an accommodation agreement with the Hopi Tribe.


               SECTION EIGHT.--PAYMENTS IN LIEU OF TAXES

       This section amends 31 U.S.C. 6901 to authorize payments in 
     lieu of taxes for those lands acquired by the Hopi Tribe and 
     taken into trust by the Secretary of the Interior pursuant to 
     the Settlement Agreement.


                SECTION NINE.--75 YEAR LEASING AUTHORITY

       This section amends 25 U.S.C. 415 to provide authority to 
     the Hopi tribe to enter into 75 year leases with Navajo 
     Indians residing on the Hopi Partitioned Lands.
       SECTION TEN.--REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION 
     HOUSING PROGRAM
       This section extends the authorization of appropriations 
     for the Navajo-Hopi Relocation Housing Program through the 
     year 2000.

                          ____________________