[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[Senate]
[Pages S11179-S11185]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 2111. A bill to amend the act commonly known as the Navajo-Hopi 
Land Settlement Act of 1974, and for other purposes; to the Committee 
on Indian Affairs.


         THE NAVAJO-HOPI LAND SETTLEMENT ACT AMENDMENTS OF 1996

  Mr. McCAIN. Mr. President, I introduce legislation to make certain 
amendments to the Navajo-Hopi Land Settlement Act of 1974 in order to 
bring the relocation process to an orderly conclusion within 5 years. 
This legislation will phase out the Navajo-Hopi relocation program by 
September 30, 2001, and at that time transfer any remaining 
responsibilities to the Secretary of the Interior. This legislation 
will provide a time certain for eligible Navajo and Hopi individuals to 
apply for and receive relocation benefits and after that time the 
Federal Government will no longer be obligated to provide replacement 
housing for such individual. Under this legislation, the funds that 
would have been used to provide replacement housing to such individual 
will be kept in trust by the Secretary for distribution to the 
individual or their heirs.
  Mr. President, the Navajo-Hopi Land Settlement Act of 1974 was 
enacted to resolve longstanding disputes that have divided the Navajo 
and Hopi Indian Tribes for more than a century. The origins of this 
dispute can be traced directly to the creation of the 1882 reservation 
for the Hopi Tribe and the creation of the 1934 Navajo Reservation. At 
the times these reservations were established there were Navajo 
families residing within the lands set aside for the Hopi Tribe and 
Hopi families residing on lands set aside for the Navajo Nation. 
Tensions between the two tribes continued to heighten until in 1958 
Congress, in an effort to resolve this dispute, passed legislation that 
authorized the tribes to file suit in Federal court to quiet title to 
the 1882 reservation and to their respective claims and rights. That 
legislation has given rise to more than 35 years of continuous 
litigation between the tribes in an effort to resolve their respective 
rights and claims to the land.
  In 1974, Congress enacted the Navajo-Hopi Land Settlement Act which 
established Navajo and Hopi negotiating teams under the auspices of a 
Federal mediator to negotiate a settlement to the 1882 reservation land 
dispute. The act also authorized the tribes to file suit in Federal 
court to quiet title to the 1934 reservation and to file any

[[Page S11180]]

claims for damages arising out of the dispute against each other or the 
United States. The act also established a three member Navajo-Hopi 
Indian Relocation Commission to oversee the relocation of members of 
the Navajo Nation who were residing on lands partitioned to the Hopi 
Tribe and members of the Hopi Tribe who were residing on lands 
partitioned to the Navajo Nation. Since its establishment, the 
relocation program has proven to be an extremely difficult and 
contentious process.
  When this program was first established, it was estimated that the 
cost of relocation would be roughly $40 million to provide relocation 
benefits to approximately 6,000 Navajos estimated to be eligible for 
relocation. These figures woefully underestimated the number of 
families impacted by relocation and the tremendous delays that have 
plagued this program. To date, the United States has expended over $350 
million to relocate more than 11,000 Navajo and Hopi tribal members. 
There remain over 640 eligible families who have never received 
relocation benefits and an additional 50 to 100 families who have never 
applied for relocation benefits. In addition, there are over 130 
eligibility appeals still pending. The funding for this settlement has 
exceeded the original cost estimates by more than 900 percent.

  Mr. President, we cannot continue to fund this program with no end in 
sight. I am convinced that our current Federal budgetary pressures 
require us to ensure that the Navajo-Hopi relocation housing program is 
brought to an orderly and certain conclusion. It is for that reason 
that I am introducing the Navajo-Hopi Land Settlement Act Amendments of 
1996. This legislation will phase out the Navajo-Hopi Indian relocation 
program by September 30, 2001, and transfer the remaining 
responsibilities under the act to the Secretary of the Interior. Under 
the bill, the relocation commissioner shall transfer to the Secretary 
such funds as are necessary to construct replacement homes for any 
eligible head of household who has left the Hopi partitioned land but 
has not received a replacement home by September 30, 2001. These funds 
will be held in trust by the Secretary of the Interior for distribution 
to such individual or their heirs. In addition, the bill includes 
provisions establishing an expedited procedure for handling appeals of 
final eligibility determinations.
  Mr. President, I have developed this legislation as an initial 
starting point for ongoing discussions with the representatives of the 
Office of Navajo and Hopi Indian Relocation and the administration, the 
Hopi Tribe, the Navajo Nation, and the affected families of both 
tribes. It is my hope that this bill will stimulate discussions that 
will lead to the passage of legislation in the 105th Congress that will 
bring this long and difficult process to a certain and ordered 
conclusion.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2111

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

     SECTION 1. SHORT TITLE.

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

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

     SEC. 101. REFERENCES.

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

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

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

     ``SECTION 1. PARTITIONED LANDS.

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

     ``SEC. 2. JOINT OWNERSHIP OF MINERALS.

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

     ``SEC. 3. ACTIONS.

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

     ``SEC. 4. PAUITE INDIAN ALLOTMENTS.

       ``Notwithstanding''.
       (5) Section 10 (25 U.S.C. 640d-9) is amended--
       (A) by striking ``Sec. 10. (a) Subject'' and inserting the 
     following:

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

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

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

       ``(a) Transfer of Lands.--The Secretary'';
       (B) in subsection (b), by inserting ``Proximity of Lands To 
     Be Transferred or Acquired.--'' before ``(b)'';
       (C) in subsection (c)--
       (i) by inserting ``Selection of Lands To Be Transferred or 
     Acquired.--'' after ``(c)''; and
       (ii) by striking the period at the end and inserting the 
     following: ``: Provided further, That the authority of the 
     Commissioner to select lands under this subsection shall 
     terminate on September 30, 2000.'';
       (D) in subsection (d), by inserting ``Reports.--'' after 
     ``(d)'';
       (E) in subsection (e), by inserting ``Payments.--'' after 
     ``(e)'';
       (F) in subsection (f), by inserting ``Acquisition of Title 
     To Surface and Subsurface Interests.--'' after ``(f)'';
       (G) in subsection (g), by inserting ``Lands Not Available 
     for Transfer.--'' after ``(g)''; and
       (H) in subsection (h)--
       (i) by inserting ``Administration of Lands Transferred or 
     Acquired.--'' after ``(h)'';
       (ii) by striking the period at the end and inserting the 
     following: ``: Provided further, That, in order to facilitate 
     relocation, in the discretion of the Commissioner, the 
     Commissioner may grant homesite leases on land acquired 
     pursuant to this section to members of the extended family of 
     a Navajo who is certified as eligible to receive benefits 
     under this Act, except that the Commissioner may not expend, 
     or otherwise make available funds made available by 
     appropriations to the Commissioner to carry out this Act, to 
     provide housing to those extended family members.''; and
       (I) in subsection (i)--
       (i) by inserting ``Negotiations Regarding Land Exchanges or 
     Leases.'' after ``(i); and
       (ii) by striking ``section 23'' and inserting ``section 
     18''.
       (7) Section 12 (25 U.S.C. 640d-11) is amended--

[[Page S11181]]

       (A) by striking ``Sec. 12. (a) There is hereby'' and 
     inserting the following:

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

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

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

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

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

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

     ``SEC. 9. RELOCATION HOUSING.

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

[[Page S11182]]

     agreements to procure such services, and employ such 
     personnel (including attorneys), as are necessary.
       ``(2) Detail of administrative law judges or hearing 
     officers.--The Commissioner may request the Secretary to act 
     through the Director of the Office of Hearings and Appeals of 
     the Department of the Interior, to make available, by detail 
     or other appropriate arrangement, to the Office of Navajo and 
     Hopi Indian Relocation, an administrative law judge or other 
     hearing officer with appropriate qualifications to review the 
     requests referred to in subsection (i)(3)(A).
       ``(k) Appeal to United States Circuit Court of Appeals.--
       ``(l) In general.--Subject to paragraph (3), any individual 
     who, under the procedures established by the Commissioner 
     under this section, is determined not to be eligible to 
     receive benefits under this Act may appeal that determination 
     to the United States Circuit Court of Appeals for the Ninth 
     Circuit (hereafter in this subsection referred to as the 
     `Circuit Court').
       ``(2) Review.--
       ``(A) In general.--The Circuit Court shall, with respect to 
     each appeal referred to in paragraph (1)--
       ``(i) review the entire record (as certified to the Circuit 
     Court under paragraph (3) on which a determination of the 
     ineligibility of the appellant to receive benefits under this 
     Act was based; and
       ``(ii) on the basis of that review, affirm or reverse that 
     determination.
       ``(B) Standard of review.--The Circuit Court shall affirm 
     any determination that the Circuit Court determines to be 
     supported by substantial evidence.
       ``(3) Notice of appeal.--
       ``(A) In general.--An individual who appeals a 
     determination of ineligibility under paragraph (1) shall, not 
     later than 30 days after the date of that determination, file 
     a notice of appeal with--
       ``(i) the Circuit Court; and
       ``(ii) the Commissioner.
       ``(B) Certification of record.--Upon receipt of a notice 
     provided under subparagraph (A)(ii), the Commissioner shall 
     certify to the Circuit Court the record on which the 
     determination that is the subject of the appeal was made.
       ``(C) Review period.--The Circuit Court shall conduct a 
     review and render a decision under paragraph (2) not later 
     than 60 days after receiving a certified record under 
     subparagraph (B).
       ``(D) Binding decision.--A decision made by the Circuit 
     Court under this subsection shall be final and binding on all 
     parties.
  (11) Section 16 (25 U.S.C. 640d-15) is amended--
  (A) by striking ``Sec. 16. (a) The Navajo'' and inserting the 
following:

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

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

     ``SEC. 11. STATUTORY CONSTRUCTION.

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

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

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

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

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

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

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

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

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

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

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

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

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

     ``SEC. 19. SEVERABILITY OF PROVISIONS.

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

     ``SEC. 20 AUTHORIZATIONS OF APPROPRIATIONS.

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

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

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

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

       ``(a) In General.--No action'';
       (B) in subsection (b), by inserting ``Effect of Wilderness 
     Study.--'' after ``(b)''; and
       (C) by adding at the end the following new subsection:
       ``(c) Construction Requirements.--
       ``(1) In general.--Any construction activities that are 
     undertaken under this Act shall be conducted in compliance 
     with sections 3 through 7 of Public Law 86-523 (16 U.S.C. 
     469a-1 through 469c).
       ``(2) Compliance with other requirements.--With respect to 
     any construction activity referred to in paragraph (1), 
     compliance with the provisions referred to in that paragraph 
     shall be considered to satisfy the applicable requirements 
     of--
       ``(A) the Act entitled ``an Act to establish a program for 
     the preservation of additional historic properties throughout 
     the Nation, and for other purposes'', approved October 15, 
     1966 (Public Law, 89-665); and
       ``(B) the Act entitled ``An Act for the preservation of 
     American antiquities'', approved June 8, 1906 (34 Stat. 225, 
     chapter 3060).''.
       (24) Section 29 (25 U.S.C. 640d-27) is amended--
       (A) by striking ``Sec. 29. (a) In any'' and inserting the 
     following:

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

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

     ``SEC. 24. LOBBYING.

       ``(a) In General.--Except''; and
       (B) in subsection (b), by inserting ``Applicability.--'' 
     before ``(b)''.
       (26) The first section designated as section 32 (25 U.S.C. 
     640d-30), as added by section 7 of

[[Page S11183]]

     the Navajo-Hopi Relocation Act Amendments of 1988, is 
     amended--
       (A) by striking ``Sec. 32. (a) There'' and inserting the 
     following:

     ``SEC. 25. NAVAJO REHABILITATION TRUST FUND.

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

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

     Nothing''.

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

     SEC. 201. RETENTION PREFERENCE.

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

     SEC. 202. SEPARATION PAY.

       (a) In General.--Chapter 55 title 5, United States Code, is 
     amended by adding at the end the following new section:

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

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

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

     SEC. 203. IMMEDIATE RETIREMENT.

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

     SEC. 204. COMPUTATION OF ANNUITY.

       Section 8339(d) of title 5, United States Code is amended 
     by adding at the end the following new paragraph:
       ``(8) The annuity of an employee of the Office of Navajo 
     and Hopi Indian Relocation described in section 8336(j)(1)(B) 
     shall be determined under subsection 9a), except that with 
     respect to service of that employee on or after January 1, 
     1990, the annuity of that employee shall be--
       ``(A)(i) 2\1/2\ percent of the employee's average pay; 
     multiplied by
       ``(ii) so much of the employee's service on or after 
     January 1, 1990, as does not exceed 10 years; plus
       ``(B)(i) a percent of the average pay of the employee; 
     multiplied by
       ``(ii) so much of the service of the employee on or after 
     January 1, 1990, as exceeds 10 years.''.

     SEC. 205. IMMEDIATE RETIREMENT.

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

     SEC. 206. COMPUTATION OF BASIC ANNUITY.

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

        TITLE III--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

     SEC. 301. DEFINITIONS.

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

     SEC. 302. TRANSFER OF FUNCTIONS.

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

     SEC. 303. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS.

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

     SEC. 304. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or be a court of competent jurisdiction, in 
     the performance of functions which are transferred under 
     this title, and
       (2) which are in effect at the time this title takes 
     effect, or were final before the effective date of this title 
     and are to become effective on or after the effective date of 
     this title,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary of the 
     Interior or other authorized official, a court of competent 
     jurisdiction, or by operation of law.
       (b) Proceeding Not Affected.--The provisions of this title 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     the Office of Navajo and Hopi Relocation at the time this 
     title takes effect, with respect to functions transferred by 
     this title but such proceedings and applications shall be 
     continued. Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this title had not been 
     enacted, and orders issued in any such proceedings shall 
     continue in effect until modified, terminated, superseded, or 
     revoked by a duly authorized official, by a court of 
     competent jurisdiction, or by operation of law. Nothing in 
     this subsection shall be deemed to prohibit the 
     discontinuance or modification of any such proceeding under 
     the same terms and conditions and to the same extent that 
     such proceeding could have been discontinued or modified if 
     this title had not been enacted.
       (c) Suits Not Affected.--The provisions of this title shall 
     not affect suits commenced before the effective date of this 
     title, and in

[[Page S11184]]

     all such suits, proceedings shall be had, appeal taken, and 
     judgments rendered in the same manner and with the same 
     effect as if this title had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against Office of Navajo and Hopi 
     Relocation, or by or against any individual in the official 
     capacity of such individual as an Office of Navajo and Hopi 
     Relocation, shall abate by reason of the enactment of this 
     title.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by Office of 
     Navajo and Hopi Relocation relating to a function transferred 
     under this title may be continued by the Department of the 
     Interior with the same effect as if this title had not been 
     enacted.
                                                                    ____



   Section-By-Section Summary of the Navajo-Hopi Land Settlement Act 
                           Amendments of 1996

       Section 1. Short Title. This section provides that the bill 
     may be cited as the ``Navajo-Hopi Land Settlement Act 
     Amendments of 1996''.


   Title I--Amendments to the Navajo-Hopi Land Settlement Act of 1974

       Section 101. References. This section provides that 
     whenever an amendment or repeal is expressed in this Act it 
     shall be considered to be made to a section of the Navajo-
     Hopi Land Settlement Act of 1974 (25 U.S.C. Sec. Sec. 640 et 
     seq.).
       Section 102. Amendments to the Navajo and Hopi Settlement 
     Act. This section sets forth amendments to the Navajo-Hopi 
     Land Settlement Act of 1974.
       Subsection (a) repeals six sections of the Act in their 
     entirety: Section 1 (25 U.S.C. Sec. 640d) relating to the 
     appointment and duties of the mediator; Section 2 (25 U.S.C. 
     Sec. 640d-1) relating to the appointment and duties of the 
     Navajo and Hopi negotiating teams; Section 3 (25 U.S.C. 
     Sec. 640-d-2) relating to the implementation of any 
     agreements reached by the tribal negotiating teams; Section 4 
     (25 U.S.C. Sec. 640d-3) relating to the procedures to be used 
     by the mediator and the Federal District Court in the event 
     that the tribal negotiating teams did not reach agreement; 
     Section 5 (25 U.S.C. Sec. 640d-4) relating to other 
     recommendations by the mediator to the Federal District 
     Court; Section 30 (25 U.S.C. Sec. 640d-28) relating to the 
     provision of life estates to Navajos residing on lands 
     partitioned to the Hopi Tribe.
       Subsection (b) redesignates section 6 (25 U.S.C. Sec. 640d-
     5) as section 1 and amends the provisions of this section 
     relating to the partition of the former Joint Use Area of the 
     1882 Executive Order reservation.
       Paragraph (2) amends section 7 by renaming it ``Joint 
     Ownership of Minerals'' and redesignates it as section 2.
       Paragraph (3) redesignates section 8 (25 U.S.C. Sec. 640d-
     7) as section 3 and amends the section by repealing 
     subparagraph (f) which contained special provisions related 
     to the payment of legal fees for the San Juan Southern Paiute 
     Tribe prior to the time of its Federal recognition.
       Paragraph (4) redesignates section 9 (25 U.S.C. Sec. 640d-
     8) as section 4 and retitles it ``Paiute Indian Allotments''.
       Paragraph (5) redesignates section 10 (25 U.S.C. Sec. 640d-
     9) as section 5 and by amending it to strike references to 
     Navajo life estates.
       Paragraph (6) redesignates section 11 (25 U.S.C. Sec. 640d-
     10) as section 6 and amending it to provide for the 
     termination of the Commissioner's authority to select lands 
     for the Navajo Nation on September 30, 2000. This section of 
     the Act is further amended to authorize the Commissioner to 
     make homesites available to extended family members of those 
     Navajos who are certified eligible for relocation benefits in 
     order to facilitate the relocation program.
       Paragraph (7) redesignates section 12 (25 U.S.C. Sec. 640d-
     11) as section 7. This section of the Act is amended to 
     provide for: the termination of the Office of Navajo and Hopi 
     Indian Relocation on September 30, 2001; the transfer of any 
     remaining duties or functions, resources, funds, property and 
     staff of the Office to the Secretary of the Department of the 
     Interior in accordance with Title III of this Act; the 
     establishment of an Office of Relocation in the Office of the 
     Secretary which shall remain in existence until the Secretary 
     determines that its functions have been fully discharged.
       Paragraph (8) retitles section 13 (25 U.S.C. Sec. 640d-12) 
     as ``Report Concerning Relocation of Households and Members 
     of Each Tribe.''
       Paragraph (9) redesignates section 14 (25 U.S.C. Sec. 640d-
     13) as section 8. This section of the Act is amended to 
     delete a reference in subsection (a) to the filing of the 
     relocation plan and the completion of the relocation program. 
     A new subsection (d) is added to prohibit the payment of any 
     benefits to any head of household who has not been certified 
     eligible by September 30, 2001.
       Paragraph (10) redesignates section 15 (25 U.S.C. 
     Sec. 640d-14) as section 9. This section of the Act is 
     amended by adding a new subsection (e) which requires the 
     Commissioner to notify the Secretary of any eligible 
     relocatees who have left the lands partitioned to the tribe 
     of which they are not members, but who have not received a 
     replacement home by September 30, 2001 and to transfer to the 
     Secretary the funds necessary to provide such homes. The 
     Secretary is authorized to hold such funds in trust for each 
     head of household until such time as the head of household 
     requests the construction of a replacement home. If the 
     Secretary still holds the funds in trust for a head of 
     household at the time of the death of the head of household, 
     then the funds shall be distributed to the heirs of the head 
     of household upon attaining 18 years of age and shall no 
     longer be held in trust.
       Paragraph (10) further amends the Act by adding a new 
     subsection (f) which directs the Commissioner to implement 
     the provisions of 25 C.F.R. Sec. 700.138 within 180 days 
     after the date of enactment of these amendments. Upon the 
     expiration of all time periods in 25 C.F.R. Sec. 700.138, 
     the Commissioner shall provide the notices to the 
     Secretary and the United States Attorney for the District 
     of Arizona which are required by 25 C.F.R. Sec. 700.139. 
     At any time prior to July 1, 1999, the Commissioner is 
     authorized to construct a replacement home within 90 days 
     of the receipt of a notice from the Secretary or the 
     United States Attorney for the District of Arizona that 
     the removal of a relocatee from the lands partitioned to 
     the Hopi Tribe is imminent.
       Finally, paragraph (10) provides that the Act is also 
     amended by striking the existing subsection (g) and inserting 
     in lieu thereof a new subsection (i) which authorizes the 
     Commissioner to establish an expedited procedure for reaching 
     final determinations on any appeals from denials of 
     eligibility. The Commissioner must provide a final notice, by 
     mail and/or publication, to anyone who may have a right to an 
     eligibility determination within 30 days from the enactment 
     of the amendments and all requests for such determinations 
     must be filed within 180 days from the date of such notice.
       A new subsection (j) is added to this section of the Act to 
     authorize the Commissioner to contract for services and 
     employ personnel in order to provide for eligibility 
     determinations and appeals. Upon request, the Director of the 
     Office of Hearings and Appeals of the Department of the 
     Interior shall provide a qualified hearing officer to the 
     Commissioner to assist in hearings to review eligibility 
     determinations.
       A new subsection (k) is added to this section of the Act to 
     provide for a final and expedited appeal of any final 
     eligibility determinations by the Office to the Circuit Court 
     of Appeals for the Ninth Circuit. All such appeals shall be 
     filed within 30 days of the final action by the Office and 
     the Court shall complete its review within 60 days after 
     receipt of the certified record from the Office. All such 
     appeals shall be reviewed on the basis of the certified 
     record and any denial of eligibility which is supported by 
     substantial evidence shall be affirmed.
       Paragraph (11) redesignates section 16 (25 U.S.C. 
     Sec. 640d-15) as section 10 and retitles it ``Payment of Fair 
     Rental Value for Use of Lands''.
       Paragraph (12) redesignates section 17 (25 U.S.C. 
     Sec. 640d-16) as section 11 and retitles it ``Statutory 
     Construction''.
       Paragraph (13) redesignates section 18 (25 U.S.C. 
     Sec. 640d-17) as section 12 and retitles it ``Actions for 
     Accounting, Fair Value of Grazing, and Claims for Damages to 
     Land''.
       Paragraph (14) redesignates section 19 (25 U.S.C. 
     Sec. 640d-18) as section 14 and retitles it ``Reduction in 
     Livestock with Joint Use''.
       Paragraph (15) redesignates section 20 (25 U.S.C. 
     Sec. 640d-19) as section 15 and retitles it ``Perpetual Use 
     of Cliff Springs for Religious Ceremonial Uses; Piping of 
     Water for Use by Residents''.
       Paragraph (16) redesignates section 21 (25 U.S.C. 
     Sec. 640d-20) as section 16 and retitles it ``Use and Right 
     of Access to Religious Shrines on Reservation of Other 
     Tribe''.
       Paragraph (17) redesignates section 22 (25 U.S.C. 
     Sec. 640d-21) as section 17 and retitles it ``Exclusion of 
     Payments from Certain Federal Determination of Income''.
       Paragraph (18) redesignates section 23 (25 U.S.C. 
     Sec. 640d-22) as section 18 and retitles it ``Authorization 
     for Exchange of Reservation Lands''.
       Paragraph (19) redesignates section 24 (25 U.S.C. 
     Sec. 640d-23) as section 19 and retitles it ``Severability of 
     Provisions''.
       Paragraph (20) redesignates section 25 (25 U.S.C. 
     Sec. 640d-24) as section 20 and amends this section in 
     subsection (a) by providing authorizations for appropriations 
     of such sums as may be necessary for fiscal years 1998 
     through 2002. The authority for appropriations for the 
     mediator, life estates and special discretionary funds for 
     the Commissioner is repealed.
       Paragraph (21) repeals section 26 (88 Stat. 1723).
       Paragraph (22) redesignates section 27 (25 U.S.C. 
     Sec. 640d-25) as section 21 and amends it by repealing 
     subsections (a) and (b) and retitling it ``Funding and 
     Construction of Hopi High School and Medical Center.''
       Paragraph (23) redesignates section 28 (25 U.S.C. 
     Sec. 640d-26) as section 22 and adding a new subsection (c) 
     to require all construction activities to be undertaken in 
     compliance with 16 U.S.C. Sec. Sec. 469a-1 through 469c and 
     declaring that such compliance shall also be deemed to be 
     compliance with P.L. 89-665, as amended, and P.L. 96-95, as 
     amended.
       Paragraph (24) redesignates section 29 (25 U.S.C. 
     Sec. 640d-27) as section 23 and retitles it ``Attorney Fees, 
     Costs and Expenses for Litigation or Court Action''.
       Paragraph (25) redesignates section 31 (25 U.S.C. 
     Sec. 640d-29) as section 24 and retitles it ``Lobbying''.
       Paragraph (26) redesignates section 32 (25 U.S.C. 
     Sec. 640d-30) as section 25 and retitles it ``Navajo 
     Rehabilitation Trust Fund''.
       Paragraph (27) redesignates section 32 (25 U.S.C. 
     Sec. 640d-31) as section 26 and retitles it

[[Page S11185]]

     ``Availability of Funds for Relocation Assistance Regardless 
     of Place of Residence''.


 Title II. Personnel of the Office of Navajo and Hopi Indian Relocation

       This Title contains six amendments to Title 5 of the United 
     States Code, as follows:
       Section 201. Retention Preference. This section amends 
     paragraph (b) of section 3501 to exclude employees of the 
     Office of Navajo and Hopi Indian Relocation from reduction-
     in-force regulations.
       Section 202. Separation Pay. This section amends section 
     5597 to provide a new paragraph (a)(3) and new subsections 
     (h) and (i) to include employees of the Office of Navajo and 
     Hopi Indian Relocation in the provisions for voluntary 
     separation incentive payments.
       Section 203. Immediate Retirement. This section amends 
     section 8336 to include employees of the Office of Navajo and 
     Hopi Indian Relocation in paragraph (1) to make them eligible 
     for early or optional retirement programs.
       Section 204. Computation of Annuity. This section amends 
     subsection (d) of section 8336 to modify the retirement 
     computations for those employees of the Office of Navajo and 
     Hopi Indian Relocation who can retire under early or optional 
     retirement regulations.
       Section 205. Immediate Retirement. This section amends 
     section 8412 by adding a new subsection (g) to include 
     employees of the Office of Navajo and Hopi Indian Relocation 
     in the provisions for annuities.
       Section 206. Computation of Basic Annuity. This section 
     amends section 8415 by adding a new subsection (g) to modify 
     the annuity computations for those employees of the Office of 
     Navajo and Hopi Indian Relocation who are eligible for 
     annuities.


        Title III--Transfer of Functions and Savings Provisions

       Section 301. Definitions. This section sets out the 
     definitions used in this title.
       Section 302. Transfer of Functions. This section provides 
     for the transfer of all of the functions of the Office of 
     Navajo and Hopi Relocation that have not been fully 
     discharged to the Department of the Interior.
       Section 303. Transfer and Allocations of Appropriations. 
     This section provides that the assets, liabilities, 
     contracts, property, records and unexpended balances of 
     appropriations, allocations and other funds related to the 
     functions transferred under this title, shall be transferred 
     to the Department of the Interior.
       Section 304. Savings Provisions. This section provides that 
     all orders, determinations, rulings, regulations, permits, 
     agreements, grants, contracts, licenses, privileges and other 
     administrative actions shall have continuing legal effect 
     until modified, superseded, set aside or revoked in 
     accordance with or by operation of law. It also provides that 
     proceedings, including notices of proposed rulemaking, and 
     lawsuits commenced before the effective date of this title 
     shall not be affected by the transfer.
       Section 305. Separability. This section provides that if a 
     provision of this title is held invalid, the remainder of the 
     title shall remain unaffected.
       Section 306. References. This section provides that any 
     reference to the Commissioner of the Office of Navajo and 
     Hopi Relocation and the Office of Relocation shall be deemed 
     to refer to the Secretary of the Interior and the Office of 
     Relocation of the Department of Interior respectively.
       Section 307. Effective Date. This section provides that 
     this title shall take effect on September 30, 2001.
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