[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H12165-H12167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT OF 1996

  Mr. GILCHREST. Mr. Speaker, I ask unanimous consent that the 
Committee on Resources be discharged from further consideration of the 
Senate bill (S. 1973) to provide for the settlement of the Navajo-Hopi 
land dispute, and for other purposes, and I ask for its immediate 
consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  The Clerk read the Senate bill, 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 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 Tribe and the Navajo families residing on the Hopi 
     Partitioned Lands;
       (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; and
       (7) neither the Navajo Nation nor the Navajo families 
     residing upon Hopi Partitioned Lands were parties to or 
     signers of the Settlement Agreement between the United States 
     and the Hopi Tribe.

     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 that term 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 in 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.
       (8) Newly acquired trust lands.--The term ``newly acquired 
     trust lands'' means lands taken into trust for the Tribe 
     within the State of Arizona pursuant to this Act or the 
     Settlement Agreement.

     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:

[[Page H12166]]

       (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 
     acquired by the Tribe 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 85 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); and
       (B) the Tribe has consulted with the State of Arizona 
     concerning the lands proposed to be placed in trust, 
     including consulting with 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.
       (3) Prohibition.--The Secretary may not, pursuant to the 
     provisions of this Act and the Settlement Agreement, place 
     lands, any portion of which are located within or contiguous 
     to a 5-mile radius of an incorporated town or city (as those 
     terms are defined by the Secretary) in northern Arizona, into 
     trust for benefit of the Tribe without specific statutory 
     authority.
       (4) Expeditious action by the secretary.--Consistent with 
     all other provisions of this Act, the Secretary is directed 
     to take lands into trust under this Act expeditiously and 
     without undue delay.

     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, with 
     funds provided by the Tribe, 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.
       (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 POSSESSION.

       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. PAYMENT TO STATE OF ARIZONA.

       (a) Authorization of Appropriations.--Subject to subsection 
     (b), there are authorized to be appropriated to the 
     Department of the Interior $250,000 for fiscal year 1998, to 
     be used by the Secretary of the Interior for making a payment 
     to the State of Arizona.
       (b) Payment.--The Secretary shall make a payment in the 
     amount specified in subsection (a) to the State of Arizona 
     after an initial acquisition of land from the State has been 
     made by the Secretary pursuant to section 6.

     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 by adding at the 
     end the following new subsections:
       ``(c) Leases Involving the Hopi Tribe and the Hopi 
     Partitioned Lands Accommodation Agreement.--Notwithstanding 
     subsection (a), a lease of land by the Hopi Tribe to Navajo 
     Indians on the Hopi Partitioned Lands may be for a term of 75 
     years, and may be extended at the conclusion of the term of 
     the lease.
       ``(d) Definitions.--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''.

     SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO 
                   NATION AND THE HOPI TRIBE.

       Nothing in this Act or the amendments made by this Act 
     shall be interpreted or deemed to preclude, limit, or 
     endorse, in any manner, actions by the Navajo Nation that 
     seek, in court, an offset from judgments for payments 
     received by the Hopi Tribe under the Settlement Agreement.

     SEC. 12. WATER RIGHTS.

       (a) In General.--
       (1) Water rights.--Subject to the other provisions of this 
     section, newly acquired trust lands shall have only the 
     following water rights:
       (A) The right to the reasonable use of groundwater pumped 
     from such lands.
       (B) All rights to the use of surface water on such lands 
     existing under State law on the date of acquisition, with the 
     priority date of such right under State law.
       (C) The right to make any further beneficial use on such 
     lands which is unappropriated on the date each parcel of 
     newly acquired trust lands is taken into trust. The priority 
     date for the right shall be the date the lands are taken into 
     trust.
       (2) Rights not subject to forfeiture or abandonment.--The 
     Tribe's water rights for newly acquired trust lands shall not 
     be subject to forfeiture or abandonment arising from events 
     occurring after the date the lands are taken into trust.
       (b) Recognition as valid uses.--
       (1) Groundwater.--With respect to water rights associated 
     with newly acquired trust lands, the Tribe, and the United 
     States on the Tribe's behalf, shall recognize as valid all 
     uses of groundwater which may be made from wells (or their 
     subsequent replacements) in existence on the date each parcel 
     of newly acquired trust land is acquired and shall not object 
     to such groundwater uses on the basis of water rights 
     associated with the newly acquired trust lands. The Tribe, 
     and the United States on the Tribe's behalf, may object only 
     to the impact of groundwater uses on newly acquired trust 
     lands which are initiated after the date the lands affected 
     are taken into trust and only on grounds allowed by the State 
     law as it exits when the objection is made. The Tribe, and 
     the United States on the Tribe's behalf, shall not object to 
     the impact of groundwater uses on the Tribe's right to 
     surface water established pursuant to subsection (a)(3) when 
     those groundwater uses are initiated before the Tribe 
     initiates its beneficial use of surface water pursuant to 
     subsection (a)(3).
       (2) Surface water.--With respect to water rights associated 
     with newly acquired trust lands, the Tribe, and the United 
     States on the Tribe's behalf, shall recognize as valid all 
     uses of surface water in existence on or prior to the date 
     each parcel of newly acquired trust land is acquired and 
     shall not object to such surface water uses on the basis of 
     water rights associated with the newly acquired trust lands, 
     but shall have the right to enforce the priority of its 
     rights against all junior water rights the exercise of which 
     interfere with the actual use of the Tribe's senior surface 
     water rights.
       (3) Rule of construction.--Nothing in paragraph (1) or (2) 
     shall preclude the Tribe, or the United States on the Tribe's 
     behalf, from asserting objections to water rights and uses on 
     the basis of the Tribe's water rights on its currently 
     existing trust lands.
       (c) Applicability of State Law on Lands Other Than Newly 
     Acquired Lands.--The Tribe, and the United States on the 
     Tribe's behalf, further recognize that State law applies to 
     water uses on lands, including subsurface estates, that exist 
     within the exterior boundaries of newly acquired trust lands 
     and that are owned by any party other than the Tribe.
       (d) Adjudication of Water Rights on Newly Acquired Trust 
     Lands.--The Tribe's water rights on newly acquired trust 
     lands shall be adjudicated with the rights of all

[[Page H12167]]

     other competing users in the court now presiding over the 
     Little Colorado River Adjudication, or if that court no 
     longer has jurisdiction, in the appropriate State or Federal 
     court. Any controversies between or among users arising under 
     Federal or State law involving the Tribe's water rights on 
     newly acquired trust lands shall be resolved in the court now 
     presiding over the Little Colorado River Adjudication, or, if 
     that court no longer has jurisdiction, in the appropriate 
     State or Federal court. Nothing in this subsection shall be 
     construed to affect any court's jurisdiction; provided, that 
     the Tribe shall administer all water rights established in 
     subsection (a).
       (e) Prohibition.--Water rights for newly acquired trust 
     lands shall not be used, leased, sold, or transported for use 
     off of such lands or the Tribe's other trust lands, provided 
     that the Tribe may agree with other persons having junior 
     water rights to subordinate the Tribe's senior water rights. 
     Water rights for newly acquired trust lands can only be used 
     on those lands or other trust lands of the Tribe located 
     within the same river basin tributary to the main stream of 
     the Colorado River.
       (f) Subsurface Interests.--On any newly acquired trust 
     lands where the subsurface interest is owned by any party 
     other than the Tribe, the trust status of the surface 
     ownership shall not impair any existing right of the 
     subsurface owner to develop the subsurface interest and to 
     have access to the surface for the purpose of such 
     development.
       (g) Statutory Construction with Respect to Water Rights of 
     Other Federally Recognized Indian Tribes.--Nothing in this 
     section shall affect the water rights of any other federally 
     recognized Indian tribe with a priority date earlier than the 
     date the newly acquired trust lands are taken into trust.
       (h) Statutory Construction.--Nothing in this section shall 
     be construed to determine the law applicable to water use on 
     lands owned by the United States, other than on the newly 
     acquired trust lands. The granting of the right to make 
     beneficial use of unappropriated surface water on the newly 
     acquired trust lands with a priority date such lands are 
     taken into trust shall not be construed to imply that such 
     right is a Federal reserved water right. Nothing in this 
     section or any other provision of this Act shall be construed 
     to establish any Federal reserved right to groundwater. 
     Authority for the Secretary to take land into trust for the 
     Tribe pursuant to the Settlement Agreement and this Act shall 
     be construed as having been provided solely by the provisions 
     of this Act.

  Mr. MILLER of California. Mr. Speaker, I rise in support of S. 1973, 
the Navajo-Hopi Land Dispute Settlement Act of 1996. This bill is 
another step in the right direction toward bringing the problems with 
the land dispute between the two tribes to a close. It will enact the 
settlement agreement reached between the Hopi Tribe and the Department 
of Justice acting on behalf of the United States.
  S. 1973 will provide the Hopi Tribe with the authority to enter in 
lease agreements with Navajo residents living on Hopi partitioned land. 
These leases will allow the Navajo residents to live peaceably on Hopi 
land for 75 years with the promise that they will be treated under Hopi 
law the same as members of the Hopi Tribe.
  Further, this legislation will settle four law suits pending against 
the United States by the Hopi Tribe. Enactment of this bill will save 
millions in continued litigation costs and probable U.S. liability.
  I urge my colleagues to support this measure--the Hopi Tribe has 
remained willing to negotiate and discuss each issue which has arisen 
over this matter. They have waited long enough for this bill to pass.
  I want to thank the Navajo nation for its help in getting this 
settlement to this point. I further wish to thank the Hopi Tribe, the 
tribal council, and particularly chairman Ferrell Secakuku and Kim 
Secakuku for their determination and long hours of hard work.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________