[Congressional Record (Bound Edition), Volume 152 (2006), Part 5]
[Senate]
[Pages 6670-6681]
[From the U.S. Government Publishing Office, www.gpo.gov]




           NAVAJO-HOPI LAND SETTLEMENT AMENDMENTS ACT OF 2005

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 324, S. 1003.
  The PRESIDING OFFICER. The clerk will report the bill by title. The 
legislative clerk read as follows:

       A bill (S. 1003) to amend the Act of December 22, 1974, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
to amend which had been reported from the Committee on Indian Affairs, 
with amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                S. 1003

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Navajo-
     Hopi Land Settlement Amendments of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

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

Sec. 101. Repeal of sections.
Sec. 102. Definitions; division of land.
Sec. 103. Joint ownership of minerals.
Sec. 104. Actions.
Sec. 105. Paiute Indian allotments.
Sec. 106. Partitioned and other designated land.
Sec. 107. Resettlement land for Navajo Tribe.
Sec. 108. Office of Navajo and Hopi Indian Relocation.
Sec. 109. Report.
Sec. 110. Relocation of households and members.
Sec. 111. Relocation housing.
Sec. 112. Payment for use of land.
Sec. 113. Effect of Act.
Sec. 114. Actions for accounting, fair value of grazing, and claims for 
              damages to land.
Sec. 115. Joint use.
Sec. 116. Religious ceremonies; piping of water.
Sec. 117. Access to religious shrines.
Sec. 118. Exclusion of payments from certain Federal determinations of 
              income.
Sec. 119. Authorization of exchange.
Sec. 120. Severability.
Sec. 121. Authorization of appropriations.
Sec. 122. Funding and construction of high school and medical center.
Sec. 123. Environmental impact; wilderness study; cancellation of 
              leases and permits.
Sec. 124. Attorney fees and court costs.
Sec. 125. Lobbying.
Sec. 126. Navajo Rehabilitation Trust Fund.
Sec. 127. Availability of funds for relocation assistance.

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

Sec. 201. Retention preference.
Sec. 202. Separation pay.
Sec. 203. Federal retirement.

        TITLE III--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

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

          TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974

     SEC. 101. REPEAL OF SECTIONS.

       (a) In General.--The Act of December 22, 1974 (25 U.S.C. 
     640d et seq.) is amended in the first undesignated section by 
     striking ``That, (a) within'' and all that follows through 
     the end of the section.
       (b) Additional Repeals.--Sections 2 through 5 and sections 
     26 and 30 of the Act of December 22, 1974 (25 U.S.C. 640d-1 
     through 640d-4; 88 Stat. 1723; 25 U.S.C. 640d-28) are 
     repealed.

     SEC. 102. DEFINITIONS; DIVISION OF LAND.

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

     ``SECTION 1. DEFINITIONS.

       ``In this Act:
       ``(1) District court.--The term `District Court' means the 
     United States District Court for the District of Arizona.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(3) Tribe.--The term `Tribe' means--
       ``(A) the Navajo Indian Tribe; and
       ``(B) the Hopi Indian Tribe.

     ``SEC. 2. DIVISION OF LAND.

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

     SEC. 103. JOINT OWNERSHIP OF MINERALS.

       Section 7 of the Act of December 22, 1974 (25 U.S.C. 640d-
     6) is amended--
       (1) by striking ``sec. 7. Partition'' and inserting the 
     following:

     ``SEC. 3. JOINT OWNERSHIP OF MINERALS.

       ``(a) In General.--Partition''; and
       (2) in the second sentence, by striking ``All'' and 
     inserting the following:
       ``(b) Joint Management.--All''.

     SEC. 104. ACTIONS.

       Section 8 of the Act of December 22, 1974 (25 U.S.C. 640d-
     7) is amended--
       (1) by striking ``sec. 8. (a) Either Tribe'' and inserting 
     the following:

     ``SEC. 4. ACTIONS.

       ``(a) Actions in District Court.--Either Tribe'';
       (2) in subsection (b)--
       (A) in the first sentence, by striking ``(b) Lands, if 
     any,'' and inserting the following:
       ``(b) Allocation of Land.--
       ``(1) Navajo reservation.--Any land'';
       (B) in the second sentence, by striking ``Lands, if any,'' 
     and inserting the following:
       ``(2) Hopi reservation.--Any land''; and
       (C) in the third sentence, by striking ``Any lands'' and 
     inserting the following:
       ``(3) Joint and undivided interests.--Any land'';
       (3) in subsection (c)--
       (A) by striking ``(c)(1) Either'' and inserting the 
     following:
       ``(c) Exchange of Land.--

[[Page 6671]]

       ``(1) In general.--Either'';
       (B) in paragraph (2), by striking ``(2) In the event'' and 
     inserting the following:
       ``(2) Interests of tribes.--If'';
       (C) in paragraph (3), by striking ``(3) Neither'' and 
     inserting the following:
       ``(3) Defense.--Neither''; and
       (D) by striking ``section 18'' each place it appears and 
     inserting ``section 14'';
       (4) in subsection (d), by striking ``(d) Nothing'' and 
     inserting the following:
       ``(d) Effect of Section.--Nothing'';
       (5) in subsection (e), by striking ``(e) The'' and 
     inserting the following:
       ``(e) Payment of Legal Fees, Court Costs, and Other 
     Expenses.--The''; and
       (6) by striking subsection (f).

     SEC. 105. PAIUTE INDIAN ALLOTMENTS.

       Section 9 of the Act of December 22, 1974 (25 U.S.C. 640d-
     8) is amended by striking ``sec. 9. Notwithstanding'' and 
     inserting the following:

     ``SEC. 5. PAIUTE INDIAN ALLOTMENTS.

       ``Notwithstanding''.

     SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND.

       Section 10 of the Act of December 22, 1974 (25 U.S.C. 640d-
     9) is amended--
       (1) by striking ``sec. 10. (a) Subject'' and inserting the 
     following:

     ``SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND.

       ``(a) Navajo Trust Land.--Subject'';
       (2) in subsection (a), by striking ``section 9 and 
     subsection (a) of section 17'' and inserting ``sections 5 and 
     13(a)'';
       (3) in subsection (b)--
       (A) by striking ``(b) Subject'' and inserting the 
     following:
       ``(b) Hopi Trust Land.--Subject'';
       (B) by striking ``section 9 and subsection (a) of section 
     17'' and inserting ``sections 5 and 13(a)'';
       (C) by striking ``section 3 or 4'' and inserting ``section 
     [1] 2''; and
       (D) by striking ``section 8'' and inserting ``section 4'';
       (4) in subsection (c)--
       (A) by striking ``(c) The'' and inserting the following:
       ``(c) Protection of Rights and Property.--The''; and
       (B) by striking ``pursuant thereto'' and all that follows 
     through the end of the subsection and inserting ``pursuant to 
     this Act'';
       (5) in subsection (d), by striking ``(d) With'' and 
     inserting the following:
       ``(d) Protection of Benefits and Services.--With''; and
       (6) in subsection (e)--
       (A) by striking ``(e)(1) Lands'' and inserting the 
     following:
       ``(e) Tribal Jurisdiction Over Partitioned Land.--
       ``(1) In general.--Land'';
       (B) by adjusting the margins of subparagraphs (A) and (B) 
     of paragraph (1) appropriately; and
       (C) in the matter following subparagraph (B)--
       (i) by striking ``The provisions'' and inserting the 
     following:
       ``(2) Responsibility of secretary.--The provisions''; and
       (ii) by striking ``life tenants and''.

     SEC. 107. RESETTLEMENT LAND FOR NAVAJO TRIBE.

       (a) In General.--Section 11(a) of the Act of December 22, 
     1974 (25 U.S.C. 640d-10(a)) is amended--
       (1) by striking ``sec. 11. (a) The Secretary'' and 
     inserting the following:

     ``SEC. 7. RESETTLEMENT LAND FOR NAVAJO TRIBE.

       ``(a) Transfer of Land.--
       ``(1) In general.--The Secretary'';
       (2) by striking ``(1) transfer not to exceed two hundred 
     and fifty thousand acres of lands'' and inserting the 
     following:
       ``(A) transfer not more than 250,000 acres of land'';
       (3) by striking ``Tribe: Provided, That'' and all that 
     follows through ``as possible.'' and inserting ``Tribe; 
     and'';
       (4) in the first paragraph designated as paragraph (2)--
       (A) by striking ``(2) on behalf'' and inserting the 
     following:
       ``(B) on behalf''; and
       (B) by striking the second sentence;
       (5) in the matter following paragraph (1)(B) (as 
     redesignated by paragraph (4))--
       (A) in the first sentence--
       (i) by striking ``Subject to'' and all that follows through 
     ``all rights'' and inserting the following:
       ``(4) Requirements of transfer.--
       ``(A) In general.--Subject to this paragraph, all rights''; 
     and
       (ii) by striking ``paragraph (1)'' and inserting 
     ``paragraph (1)(A)'';
       (B) in the second sentence, by striking ``So long as'' and 
     inserting the following:
       ``(B) Coal lease applications.--
       ``(i) In general.--If'';
       (C) in the third sentence, by striking ``If such 
     adjudication'' and inserting the following:
       ``(ii) Issuance of leases.--If an adjudication under clause 
     (i)'';
       (D) in the fourth sentence, by striking ``The leaseholders 
     rights and interests'' and inserting the following:
       ``(iii) Rights and interests of leaseholders.--The rights 
     and interests of a holder of a lease described in clause 
     (i)''; and
       (E) in the fifth sentence, by striking ``If any'' and 
     inserting the following:
       ``(C) Claims under mining law.--If any'';
       (6) by inserting after paragraph (1)(B) (as redesignated by 
     paragraph (4)) the following:
       ``(2) Exchange of land.--
       ``(A) In general.--In order to facilitate a transfer of 
     land under paragraph (1)(A), the Secretary may exchange land 
     described in paragraph (1)(A) for State or private land of 
     equal value.
       ``(B) Unequal value.--If the State or private land 
     described in subparagraph (A) is of unequal value to the land 
     described in paragraph (1)(A), the recipient of the land that 
     is of greater value shall pay to the other party to the 
     exchange under subparagraph (A) compensation in an amount not 
     to exceed the lesser of--
       ``(i) the difference between the values of the land 
     exchanged; or
       ``(ii) the amount that is 25 percent of the total value of 
     the land transferred from the Secretary to the Navajo Tribe.
       ``(C) Responsibility of secretary.--The Secretary shall 
     ensure that the amount of a payment under subparagraph (B) is 
     as minimal as practicable.
       ``(3) Title to land accepted.--The Secretary shall accept 
     title to land under paragraph (1)(B) on behalf of the United 
     States in trust for the benefit of the Navajo Tribe as a part 
     of the Navajo reservation.''; and
       (7) in the second paragraph designated as paragraph (2)--
       (A) in the first sentence--
       (i) by striking ``(2) Those'' and inserting the following:
       ``(5) State rights.--
       ``(A) In general.--The''; and
       (ii) by striking ``subsection 2 of this section'' and 
     inserting ``paragraph (1)(B)''; and
       (B) in the second sentence, by striking ``The'' and 
     inserting the following:
       ``(B) State interests.--The''.
       (b) Proximity of Land; Exchanges of Land.--Section 11(b) of 
     the Act of December 22, 1974 (25 U.S.C. 640d-10(b)) is 
     amended by striking ``(b) A border'' and inserting the 
     following:
       ``(b) Proximity of Land To Be Transferred or Acquired.--A 
     border''.
       (c) Selection of Land.--Section 11(c) of the Act of 
     December 22, 1974 (25 U.S.C. 640d-10(c)) is amended--
       (1) by striking ``(c) Lands'' and inserting the following:
       ``(c) Selection of Land To Be Transferred or Acquired.--
     Land''; and
       (2) by striking the period at the end and inserting the 
     following: ``: Provided further, That the authority of the 
     Commissioner to select lands under this subsection shall 
     terminate on September 30, 2008.''.
       (d) Reports.--Section 11(d) of the Act of December 22, 1974 
     (25 U.S.C. 640d-10(d)) is amended by striking ``(d) The'' and 
     inserting the following:
       ``(d) Reports.--The''.
       (e) Payments.--Section 11(e) of the Act of December 22, 
     1974 (25 U.S.C. 640d-10(e)) is amended by striking ``(e) 
     Payments'' and inserting the following:
       ``(e) Payments.--Payments''.
       (f) Acquisition of Title to Surface and Subsurface 
     Interests.--Section 11(f) of the Act of December 22, 1974 (25 
     U.S.C. 640d-10(f)) is amended--
       (1) by striking ``(f)(1) For'' and inserting the following:
       ``(f) Acquisition of Title to Surface and Subsurface 
     Interests.--
       ``(1) In general.--For'';
       (2) in paragraph (2), by striking ``(2) If'' and inserting 
     the following:
       ``(2) Public notice; report.--If''; and
       (3) in paragraph (3), by striking ``(3) In any case where'' 
     and inserting the following:
       ``(3) Rights of subsurface owners.--If''.
       (g) Land Not Available for Transfer.--Section 11(g) of the 
     Act of December 22, 1974 (25 U.S.C. 640d-10(g)) is amended by 
     striking ``(g) No'' and inserting the following:
       ``(g) Land Not Available for Transfer.--No''.
       (h) Administration of Land Transferred or Acquired.--
     Section 11(h) of the Act of December 22, 1974 (25 U.S.C. 
     640d-10(h)) is amended--
       (1) by striking ``(h) The lands'' and inserting the 
     following:
       ``(h) Administration of Land Transferred or Acquired.--
       ``(1) In general.--The land''; and
       (2) by adding at the end the following:
       ``(2) Relocation.--
       ``(A) In general.--In order to facilitate relocation of a 
     member of a Tribe, the Commissioner may grant a homesite 
     lease on land acquired under this section to a member of the 
     extended family of a Navajo Indian who is certified as 
     eligible to receive benefits under this Act.
       ``(B) Exception.--The Commissioner may not use any funds 
     available to the Commissioner to carry out this Act to 
     provide housing to an extended family member described in 
     subparagraph (A).''.
       (i) Negotiations Regarding Land Exchanges and Leases.--
     Section 11(i) of the Act of December 22, 1974 (25 U.S.C. 
     640d-10(i)) is amended--
       (1) by striking ``(i) The'' and inserting the following:
       ``(i) Negotiations Regarding Land Exchanges and Leases.--
     The''; and
       (2) by striking ``section 23'' and inserting ``section 
     19''.

[[Page 6672]]



     SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

       Section 12 of the Act of December 22, 1974 (25 U.S.C. 640d-
     11) is amended--
       (1) by striking ``sec. 12. (a) There is hereby'' and 
     inserting the following:

     ``SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

       ``(a) Establishment.--There is'';
       (2) in subsection (b), by striking ``(b) The'' and 
     inserting the following:
       ``(b) Appointment.--The'';
       (3) in subsection (c)--
       (A) by striking ``(c)(1)(A) Except'' and inserting the 
     following:
       ``(c) Continuation of Powers.--
       ``(1) Powers and duties of commissioner; existing funds.--
       ``(A) Powers and duties of commissioner.--Except'';
       (B) in paragraph (1)(B), by striking ``(B) All'' and 
     inserting the following:
       ``(B) Existing funds.--All''; and
       (C) in paragraph (2), by striking ``(2) There are hereby'' 
     and inserting the following:
       ``(2) Transfer of powers.--There are'';
       (4) in subsection (d)--
       (A) by striking ``(d)(1) Subject'' and inserting the 
     following:
       ``(d) Powers of Commissioner.--
       ``(1) In general.--Subject'';
       (B) by adjusting the margins of subparagraphs (A) and (B) 
     of paragraph (1) appropriately;
       (C) in paragraph (2), by striking ``(2) The'' and inserting 
     the following:
       ``(2) Contracts.--The''; and
       (D) in paragraph (3), by striking ``(3) There'' and 
     inserting the following:
       ``(3) Authorization of appropriations.--There'';
       (5) in subsection (e)--
       (A) by striking ``(e)(1)'' and inserting the following:
       ``(e) Administration.--
       ``(1) Administrative, fiscal, and housekeeping services.--
     ''.
       (B) in paragraph (1)--
       (i) in the first sentence, by striking ``The'' and 
     inserting the following:
       ``(A) In general.--The''; and
       (ii) in the second sentence, by striking ``In any'' and 
     inserting the following:
       ``(B) Assistance from departments and agencies.--In any''; 
     and
       (C) in paragraph (2), by striking ``(2) On'' and inserting 
     the following:
       ``(2) Failure to provide assistance.--On'';
       (6) by striking subsection (f) and inserting the following:
       ``(f) Termination.--
       ``(1) In general.--The Office of Navajo and Hopi Indian 
     Relocation shall terminate on September 30, 2008.
       ``(2) Transfer of office duties.--On the date of 
     termination of the Office, any duty of the Office that has 
     not been carried out, as determined in accordance with this 
     Act, shall be transferred to the Secretary in accordance with 
     title III of the Navajo-Hopi Land Settlement Amendments of 
     2005.''; and
       (7) by adding at the end the following:
       ``(g) Office of Relocation.--
       ``(1) Establishment.--Effective on October 1, 2006, there 
     is established in the Department of the Interior an Office of 
     Relocation.
       ``(2) Duties.--The Secretary, acting through the Office of 
     Relocation, shall carry out the duties of the Office of 
     Navajo and Hopi Indian Relocation that are transferred to the 
     Secretary in accordance with title III of the Navajo-Hopi 
     Land Settlement Amendments of 2005.
       ``(3) Termination.--The Office of Relocation shall 
     terminate on the date on which the Secretary determines that 
     the duties of the Office have been carried out.''.

     SEC. 109. REPORT.

       Section 13 of the Act of December 22, 1974 (25 U.S.C. 640d-
     12) is amended--
       (1) by striking ``sec. 13. (a) By no'' and inserting the 
     following:

     ``SEC. 9. REPORT.

       ``(a) In General.--Not''; and
       (2) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Inclusions.--The''; and
       (B) by striking ``contain, among other matters, the 
     following:'' and inserting ``include--''.

     SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS.

       Section 14 of the Act of December 22, 1974 (25 U.S.C. 640d-
     13) is amended--
       (1) by striking ``sec. 14. (a)'' and inserting the 
     following:

     ``SEC. 10. RELOCATION OF HOUSEHOLDS AND MEMBERS.

       ``(a) Authorization.--'';
       (2) in subsection (a)--
       (A) in the first sentence--
       (i) by striking ``Consistent'' and inserting the following:
       ``(1) In general.--Consistent'';
       (ii) by striking ``section 8'' each place it appears and 
     inserting ``section 4''; and
       (iii) by striking ``section 3 or 4'' and inserting 
     ``section [1] 2'';
       (B) by striking the second sentence;
       (C) in the third sentence, by striking ``No further'' and 
     inserting the following:
       ``(2) Settlements of navajo.--No further'';
       (D) in the fourth sentence, by striking ``No further'' and 
     inserting the following:
       ``(3) Settlements of hopi.--No further''; and
       (E) in the fifth sentence, by striking ``No individual'' 
     and inserting the following:
       ``(4) Grazing.--No individual'';
       (3) in subsection (b)--
       (A) by striking ``(b) In addition'' and inserting the 
     following:
       ``(b) Additional Payments to Heads of Households.--In 
     addition'';
       (B) by striking ``section 15'' and inserting ``section 
     11''; and
       (C) by striking ``section 13'' and inserting ``section 9'';
       (4) in subsection (c), by striking ``(c) No'' and inserting 
     the following:
       ``(c) Payments for Persons Moving After a Certain Date.--
     No''; and
       (5) by adding at the end the following:
       ``(d) Prohibition.--No payment for benefits under this Act 
     may be made to any head of a household if, as of September 
     30, 2005, that head of household has not been certified as 
     eligible to receive the payment.''.

     SEC. 111. RELOCATION HOUSING.

       Section 15 of the Act of December 22, 1974 (25 U.S.C. 640d-
     14) is amended--
       (1) by striking ``sec. 15. (a)'' and inserting the 
     following:

     ``SEC. 11. RELOCATION HOUSING.

       ``(a) Purchase of Habitation and Improvements.--'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``The Commission'' 
     and inserting the following:
       ``(1) In general.--The Commission''; and
       (B) in the second sentence--
       (i) by striking ``The purchase'' and inserting the 
     following:
       ``(2) Purchase price.--The purchase''; and
       (ii) by striking ``as determined under clause (2) of 
     subsection (b) of section 13'';
       (3) in subsection (b)--
       (A) by striking ``(b) In addition'' and inserting the 
     following:
       ``(b) Reimbursement for Moving Expenses and Payment for 
     Replacement Dwelling.--In addition'';
       (B) by striking ``shall:'' and inserting ``shall--''; and
       (C) in paragraph (1), by inserting ``and'' after the 
     semicolon at the end;
       (4) in subsection (c)--
       (A) by striking ``(c) In implementing'' and inserting the 
     following:
       ``(c) Standards; Certain Payments.--
       ``(1) Standards.--In carrying out''; and
       (B) in the second sentence--
       (i) by striking ``No payment'' and inserting the following:
       ``(2) Certain payments.--No payment'';
       (ii) by striking ``section 8'' and inserting ``section 4''; 
     and
       (iii) by striking ``section 3 or 4'' and inserting 
     ``section [1] 2'';
       (5) in subsection (d)--
       (A) by striking ``(d) The'' and inserting the following:
       ``(d) Methods of Payment.--The'';
       (B) by striking ``(1) Should'' and inserting the following:
       ``(1) Home ownership opportunity projects.--Should'';
       (C) by striking ``(2) Should'' and inserting the following:
       ``(2) Purchased and constructed dwellings.--Should''; and
       (D) by striking ``(3) Should'' and inserting the following:
       ``(3) Failure to arrange relocation.--Should'';
       (6) in subsection (e)--
       (A) by striking ``(e) The'' and inserting the following:
       ``(e) Disposal of Acquired Dwellings and Improvements.--
     The'';
       (B) by striking ``section 8'' and inserting ``section 4''; 
     and
       (C) by striking ``section 3 or 4'' and inserting ``section 
     [1] 2'';
       (7) in subsection (f), by striking ``(f) Notwithstanding'' 
     and inserting the following:
       ``(f) Preferential Treatment.--Notwithstanding''; and
       (8) by striking subsection (g) and inserting the following:
       ``(g) Benefits Held in Trust.--
       ``(1) In general.--Not later than September 30, 2008, the 
     Commissioner shall notify the Secretary of the identity of 
     any head of household that, as of that date--
       ``(A) is certified as eligible to receive benefits under 
     this Act;
       ``(B) does not reside on land that has been partitioned to 
     the Tribe of which the head of household is a member; and
       ``(C) has not received a replacement home.
       ``(2) Transfer of funds.--Not later than September 30, 
     2008, the Commissioner shall transfer to the Secretary any 
     funds not used by the Commissioner to make payments under 
     this Act to eligible heads of households.
       ``(3) Disposition of transferred funds.--
       ``(A) In general.--The Secretary shall hold any funds 
     transferred under paragraph (2) in trust for the heads of 
     households described in paragraph (1)(A).
       ``(B) Payment amounts.--Of the funds held in trust under 
     subparagraph (A), the Secretary shall make payments to heads 
     of households described in paragraph (1)(A) in amounts that 
     would have been made to the heads of households under this 
     Act before September 30, 2008--

[[Page 6673]]

       ``(i) on receipt of a request of a head of household, to be 
     used for a replacement home; or
       ``(ii) on the date of death of the head of household, if 
     the head of household does not make a request under clause 
     (i), in accordance with subparagraph (C).
       ``(C) Distribution of funds on death of head of 
     household.--If the Secretary holds funds in trust under this 
     paragraph for a head of household described in paragraph 
     (1)(A) on the death of the head of household, the Secretary 
     shall--
       ``(i) identify and notify any heir of the head of 
     household; and
       ``(ii) distribute the funds held by the Secretary for the 
     head of household to any heir--

       ``(I) immediately, if the heir is at least 18 years old; or
       ``(II) if the heir is younger than 18 years old on the date 
     on which the Secretary identified the heir, on the date on 
     which the heir attains the age of 18.

       ``(h) Notification.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005, the Commissioner shall notify each eligible head of 
     household who has not entered into a lease with the Hopi 
     Tribe to reside on land partitioned to the Hopi Tribe, in 
     accordance with section 700.138 of title 25, Code of Federal 
     Regulations (or a successor regulation).
       ``(2) List.--On the date on which a notice period referred 
     to in section 700.139 of title 25, Code of Federal 
     Regulations (or a successor regulation), expires, the 
     Commissioner shall submit to the Secretary and the United 
     States Attorney for the District of Arizona a list containing 
     the name and address of each eligible head of household who--
       ``(A) continues to reside on land that has not been 
     partitioned to the Tribe of the head of household; and
       ``(B) has not entered into a lease to reside on that land.
       ``(3) Construction of replacement homes.--Before July 1, 
     2008, but not later than 90 days after receiving a notice of 
     the imminent removal of a relocatee from land provided to the 
     Hopi Tribe under this Act from the Secretary or the United 
     States Attorney for the District of Arizona, the Commissioner 
     may begin construction of a replacement home on any land 
     acquired under section 6.
       ``(i) Appeals.--
       ``(1) In general.--The Commissioner shall establish an 
     expedited hearing procedure for any appeal relating to the 
     denial of eligibility for benefits under this Act (including 
     regulations promulgated pursuant to this Act) that is pending 
     on, or filed after, the date of enactment of Navajo-Hopi Land 
     Settlement Amendments of 2005.
       ``(2) Final determinations.--The hearing procedure 
     established under paragraph (1) shall--
       ``(A) provide for a hearing before an impartial third 
     party, as the Commissioner determines necessary: and
       ``(B) ensure that a final determination is made by the 
     Office of Navajo and Hopi Indian Relocation for each appeal 
     described in paragraph (1) by not later than January 1, 2008.
       ``(3) Notice.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005, the Commissioner shall provide written notice to any 
     individual that the Commissioner determines may have the 
     right to a determination of eligibility for benefits under 
     this Act.
       ``(B) Requirements for notice.--The notice provided under 
     subparagraph (A) shall--
       ``(i) specify that a request for a determination of 
     eligibility for benefits under this Act shall be presented to 
     the Commission not later than 180 days after the date on 
     which the notice is issued; and
       ``(ii) be provided--

       ``(I) by mail (including means other than certified mail) 
     to the last known address of the recipient; and
       ``(II) in a newspaper of general circulation in the 
     geographic area in which an address referred to in subclause 
     (I) is located.

       ``(j) Procurement of Services.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, to ensure the full and fair evaluation of the 
     requests referred to in subsection (i)(3)(A) (including an 
     appeal hearing before an impartial third party referred to in 
     subsection (i)(2)(A)), the Commissioner may enter into such 
     contracts or agreements to procure such services, and employ 
     such personnel (including attorneys), as the Commissioner 
     determines to be necessary.
       ``(2) Detail of administrative law judges or hearing 
     officers.--The Commissioner may request the Secretary to act 
     through the Director of the Office of Hearings and Appeals to 
     make available to the Office of Navajo and Hopi Indian 
     Relocation an administrative law judge or other hearing 
     officer with appropriate qualifications to review the 
     requests referred to in subsection (i)(3)(A), as determined 
     by the Commissioner.
       ``(k) Appeal to United States Circuit Court of Appeals.--
       ``(1) In general.--Subject to paragraph (3), any individual 
     who, under the procedures established by the Commissioner 
     pursuant to this section, is determined not to be eligible to 
     receive benefits under this Act may appeal that determination 
     to the United States Circuit Court of Appeals for the Ninth 
     Circuit (referred to in this subsection as the `Circuit 
     Court').
       ``(2) Review.--
       ``(A) In general.--The Circuit Court shall, with respect to 
     each appeal described in paragraph (1)--
       ``(i) review the entire record (as certified to the Circuit 
     Court under paragraph (3)) on which a determination of the 
     ineligibility of the appellant to receive benefits under this 
     Act was based; and
       ``(ii) on the basis of that review, affirm or reverse that 
     determination.
       ``(B) Standard of review.--The Circuit Court shall affirm 
     any determination that the Circuit Court determines to be 
     supported by substantial evidence.
       ``(3) Notice of appeal.--
       ``(A) In general.--Not later than 30 days after a 
     determination of ineligibility under paragraph (1), an 
     affected individual shall file a notice of appeal with--
       ``(i) the Circuit Court; and
       ``(ii) the Commissioner.
       ``(B) Certification of record.--On receipt of a notice 
     under subparagraph (A)(ii), the Commissioner shall submit to 
     the Circuit Court the certified record on which the 
     determination that is the subject of the appeal was made.
       ``(C) Review period.--Not later than 60 days after 
     receiving a certified record under subparagraph (B), the 
     Circuit Court shall conduct a review and file a decision 
     regarding an appeal in accordance with paragraph (2).
       ``(D) Binding decision.--A decision made by the Circuit 
     Court under this subsection shall be final and binding on all 
     parties.''.

     SEC. 112. PAYMENT FOR USE OF LAND.

       Section 16 of the Act of December 22, 1974 (25 U.S.C. 640d-
     15) is amended--
       (1) by striking ``sec. 16. (a) The Navajo'' and inserting 
     the following:

     ``SEC. 12. PAYMENT FOR USE OF LAND.

       ``(a) In General.--The Navajo'';
       (2) in subsection (a), by striking ``sections 8 and 3 or 
     4'' and inserting ``sections [1] 2 and 4''; and
       (3) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Payment.--The''; and
       (B) by striking ``sections 8 and 3 or 4'' and inserting 
     ``sections [1] 2 and 4''.

     SEC. 113. EFFECT OF ACT.

       Section 17 of the Act of December 22, 1974 (25 U.S.C. 640d-
     16) is amended--
       (1) by striking ``sec. 17. (a)'' and inserting the 
     following:

     ``SEC. 13. EFFECT OF ACT.

       ``(a) Title, Possession, and Enjoyment.--'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(1) In general.--Nothing''; and
       (B) in the second sentence, by striking ``Such'' and 
     inserting the following:
       ``(2) Residence on other reservations.--Any''; and
       (3) in subsection (b), by striking ``(b) Nothing'' and 
     inserting the following:
       ``(b) Federal Employees.--Nothing''.

     SEC. 114. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND 
                   CLAIMS FOR DAMAGES TO LAND.

       Section 18 of the Act of December 22, 1974 (25 U.S.C. 640d-
     17) is amended--
       (1) by striking ``sec. 18. (a) Either'' and inserting the 
     following:

     ``SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND 
                   CLAIMS FOR DAMAGES TO LAND.

       ``(a) Actions by Tribes.--Either'';
       (2) in subsection (a), by striking ``section 3 or 4'' and 
     inserting ``section [1] 2'';
       (3) in subsection (b)--
       (A) by striking ``(b) Neither'' and inserting the 
     following:
       ``(b) Defenses.--Neither''; and
       (B) by striking ``section 3 or 4'' and inserting ``section 
     [1] 2'';
       (4) in subsection (c)--
       (A) by striking ``(c) Either'' and inserting the following:
       ``(c) Further Original, Ancillary, or Supplementary Acts To 
     Ensure Quiet Enjoyment.--
       ``(1) In general.--Either''; and
       (B) in the second sentence, by striking ``Such actions'' 
     and inserting the following:
       ``(2) Action through chairman.--An action under paragraph 
     (1)'';
       (5) in subsection (d)--
       (A) by striking ``(d) Except'' and inserting the following:
       ``(d) United States as Party; Judgments Against the United 
     States.--
       ``(1) In general.--Except''; and
       (B) in the second sentence, by striking ``Any judgment or 
     judgments'' and inserting the following:
       ``(2) Effect of judgments.--Any judgment''; and
       (6) in subsection (e), by striking ``(e) All'' and 
     inserting the following:
       ``(e) Remedies.--All''.

     SEC. 115. JOINT USE.

       Section 19 of the Act of December 22, 1974 (25 U.S.C. 640d-
     18) is amended--

[[Page 6674]]

       (1) by striking ``sec. 19. (a) Notwithstanding'' and 
     inserting the following:

     ``SEC. 15. JOINT USE.

       ``(a) Reduction of Livestock.--
       ``(1) In general.--Notwithstanding'';
       (2) in subsection (a)(1) (as designated by paragraph (1))--
       (A) by striking ``section 3 or 4'' and inserting ``section 
     [1] 2''; and
       (B) in the second sentence, by striking ``The Secretary is 
     directed to'' and inserting the following:
       ``(2) Conservation practices and methods.--The Secretary 
     shall'';
       (3) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Survey Location of Monuments and Fencing of 
     Boundaries.--The''; and
       (B) by striking ``sections 8 and 3 or 4'' each place it 
     appears and inserting ``sections [1] 2 and 4''; and
       (4) in subsection (c)--
       (A) by striking ``(c)(1) Surveying'' and inserting the 
     following:
       ``(c) Surveying, Monumenting, and Fencing; Livestock 
     Reduction Program.--
       ``(1) Surveying, monumenting, and fencing.--Surveying'';
       (B) in paragraph (1)--
       (i) by striking ``section 4'' and inserting ``section [1] 
     2''; and
       (ii) by striking ``section 8'' and inserting ``section 4''; 
     and
       (C) in paragraph (2), by striking ``(2) The'' and inserting 
     the following:
       ``(2) Livestock reduction program.--The''.

     SEC. 116. RELIGIOUS CEREMONIES; PIPING OF WATER.

       Section 20 of the Act of December 22, 1974 (25 U.S.C. 640d-
     19) is amended by striking ``sec. 20. The members'' and 
     inserting the following:

     ``SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER.

       ``The members''.

     SEC. 117. ACCESS TO RELIGIOUS SHRINES.

       Section 21 of the Act of December 22, 1974 (25 U.S.C. 640d-
     20) is amended by striking ``sec. 21. Notwithstanding'' and 
     inserting the following:

     ``SEC. 17. ACCESS TO RELIGIOUS SHRINES.

       ``Notwithstanding''.

     SEC. 118. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL 
                   DETERMINATIONS OF INCOME.

       Section 22 of the Act of December 22, 1974 (25 U.S.C. 640d-
     21) is amended--
       (1) by striking ``sec. 22. The availability'' and inserting 
     the following:

     ``SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL 
                   DETERMINATIONS OF INCOME.

       ``(a) In General.--The availability''; and
       (2) by striking ``None of the funds'' and inserting the 
     following:
       ``(b) Federal and State Income Taxes.--None of the funds''.

     SEC. 119. AUTHORIZATION OF EXCHANGE.

       Section 23 of the Act of December 22, 1974 (25 U.S.C. 649d-
     22) is amended--
       (1) by striking ``sec. 23. The Navajo'' and inserting the 
     following:

     ``SEC. 19. AUTHORIZATION OF EXCHANGE.

       ``(a) In General.--The Navajo''; and
       (2) in the second sentence--
       (A) by striking ``In the event that the Tribes should'' and 
     inserting the following:
       ``(b) Negotiated Exchanges.--If the Tribes''; and
       (B) by striking ``sections 14 and 15'' and inserting 
     ``sections 10 and 11''.

     SEC. 120. SEVERABILITY.

       Section 24 of the Act of December 22, 1974 (25 U.S.C. 640d-
     23) is amended by striking ``sec. 24. If'' and inserting the 
     following:

     ``SEC. 20. SEVERABILITY.

       ``If''.

     SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

       Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-
     24) is--
       (1) moved so as to appear at the end of the Act; and
       (2) amended to read as follows:

     ``SEC. 27. AUTHORIZATION OF APPROPRIATIONS.

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

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

       Section 27 of the Act of December 22, 1974 (25 U.S.C. 640d-
     25) is amended by striking ``sec. 27.'' and all that follows 
     through ``(c) The Secretary'' and inserting the following:

     ``SEC. 21. FUNDING AND CONSTRUCTION OF HIGH SCHOOL AND 
                   MEDICAL CENTER.

       ``The Secretary''.

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

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

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

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

     SEC. 124. ATTORNEY FEES AND COURT COSTS.

       Section 29 of the Act of December 22, 1974 (25 U.S.C. 640d-
     27) is amended--
       (1) by striking ``sec. 29. (a)'' and inserting the 
     following:

     ``SEC. 23. ATTORNEY FEES AND COURT COSTS.

       ``(a) In General.--'';
       (2) in subsection (a)--
       (A) by striking ``In any'' and inserting the following:
       ``(1) In general.--In any''; and
       (B) by striking ``For each'' and inserting the following:
       ``(2) Authorization of appropriations.--For each'';
       (3) in subsection (b)--
       (A) by striking ``(b) Upon'' and inserting the following:
       ``(b) Award by Court.--
       ``(1) In general.--On''; and
       (B) in the second sentence, by striking ``Any party'' and 
     inserting the following:
       ``(2) Reimbursement of united states.--Any party'';
       (4) in subsection (c), by striking ``(c) To'' and inserting 
     the following:
       ``(c) Excess Difference.--To''; and
       (5) in subsection (d)--
       (A) by striking ``(d) This'' and inserting the following:
       ``(d) Application of Section.--This''; and
       (B) by striking ``section 8 or 18(a) of this Act'' and 
     inserting ``section 4 or section 14(a)''.

     SEC. 125. LOBBYING.

       Section 31 of the Act of December 22, 1974 (25 U.S.C. 640d-
     29) is amended--
       (1) by striking ``sec. 31. (a) Except'' and inserting the 
     following:

     ``SEC. 24. LOBBYING.

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

     SEC. 126. NAVAJO REHABILITATION TRUST FUND.

       The first section designated as section 32 of the Act of 
     December 22, 1974 (25 U.S.C. 640d-30) is amended--
       (1) by striking ``sec. 32. (a) There'' and inserting the 
     following:

     ``SEC. 25. NAVAJO REHABILITATION TRUST FUND.

       ``(a) Establishment.--There'';
       (2) in subsection (b), by striking ``(b) All'' and 
     inserting the following:
       ``(b) Deposit of Income Into Fund.--All'';
       (3) in subsection (c), by striking ``(c) The'' and 
     inserting the following:
       ``(c) Investment of Funds.--The'';
       (4) in subsection (d)--
       (A) by striking ``(d) Funds'' and inserting the following:
       ``(d) Availability of Funds.--Funds'';
       (B) in paragraph (1), by striking ``proceedings,'' and 
     inserting ``proceedings;''; and
       (C) in paragraph (2), by striking ``Act, or'' and inserting 
     ``Act; or'';
       (5) in subsection (e)--
       (A) by striking ``(e) By December 1'' and inserting the 
     following:
       ``(e) Expenditure of Funds.--
       ``(1) In general.--Not later than December 1''; and
       (B) in the second sentence, by striking ``Such framework is 
     to be'' and inserting the following:
       ``(2) Requirement.--The framework under paragraph (1) shall 
     be'';
       (6) in subsection (f)--
       (A) by striking ``(f) The'' and inserting the following:
       ``(f) Termination.--
       ``(1) In general.--The''; and
       (B) in the second sentence, by striking ``All funds'' and 
     inserting the following:
       ``(2) Transfer of remaining funds.--All funds''; and
       (7) in subsection (g)--
       (A) by striking ``(g) There is hereby'' and inserting the 
     following:
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is'';
       (B) in the first sentence, by striking ``1990, 1991, 1992, 
     1993, 1994, and 1995'' and inserting ``2006 through 2008''; 
     and
       (C) in the second sentence, by striking ``The income'' and 
     inserting the following:
       ``(2) Income from land.--The income''.

[[Page 6675]]



     SEC. 127. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.

       The second section designated as section 32 of the Act of 
     December 22, 1974 (25 U.S.C. 640-31) is amended by striking 
     ``sec. 32. Nothing'' and inserting the following:

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

       ``Nothing''.

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

     SEC. 201. RETENTION PREFERENCE.

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

     SEC. 202. SEPARATION PAY.

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

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

       ``(a) In General.--Except as provided in subsections (b) 
     and (c), the Commissioner of the Office of Navajo and Hopi 
     Indian Relocation shall establish a program to offer 
     separation pay to employees of the Office of Navajo and Hopi 
     Indian Relocation (referred to in this section as the 
     `Office') in the same manner as the Secretary of Defense 
     offers separation pay to employees of a defense agency under 
     section 5597.
       ``(b) Separation Pay.--
       ``(1) In general.--Under the program established under 
     subsection (a), the Commissioner of the Office may offer 
     separation pay only to employees within an occupational group 
     or at a pay level that minimizes the disruption of ongoing 
     Office programs at the time that the separation pay is 
     offered.
       ``(2) Requirement.--Any separation pay offered under this 
     subsection--
       ``(A) shall be paid in a lump sum;
       ``(B) shall be in an amount equal to $25,000, if paid on or 
     before December 31, 2007;
       ``(C) shall be in an amount equal to $20,000, if paid after 
     December 31, 2007, and before January 1, 2009;
       ``(D) shall be in an amount equal to $15,000, if paid after 
     December 31, 2008, and before January 1, 2010;
       ``(E) shall not--
       ``(i) be a basis for payment;
       ``(ii) be considered to be income for the purposes of 
     computing any other type of benefit provided by the Federal 
     Government; and
       ``(F) if an individual is otherwise entitled to receive any 
     severance pay under section 5595 on the basis of any other 
     separation, shall not be payable in addition to the amount of 
     the severance pay to which that individual is entitled under 
     section 5595.
       ``(c) Prohibition.--No amount shall be payable under this 
     section to any employee of the Office for any separation 
     occurring after December 31, 2009.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     55 of title 5 is amended by adding at the end the following:

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

     SEC. 203. FEDERAL RETIREMENT.

       (a) Civil Service Retirement System.--
       (1) Immediate retirement.--Section 8336(j)(1)(B) of title 
     5, United States Code, is amended by inserting ``or was 
     employed by the Office of Navajo and Hopi Indian Relocation 
     during the period beginning on January 1, 1985, and ending on 
     the date of separation of that employee'' before the final 
     comma.
       (2) Computation of annuity.--Section 8339(d) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(8) The annuity of an employee of the Office of Navajo 
     and Hopi Indian Relocation described in section 8336(j)(1)(B) 
     shall be determined under subsection (a), except that with 
     respect to service of that employee on or after January 1, 
     1985, the annuity of that employee shall be in an amount 
     equal to the sum of--
       ``(A) the product obtained by multiplying--
       ``(i) 2\1/2\ percent of the average pay of the employee; 
     and
       ``(ii) the quantity of service of the employee on or after 
     January 1, 1985, that does not exceed 10 years; and
       ``(B) the product obtained by multiplying--
       ``(i) 2 percent of the average pay of the employee; and
       ``(ii) the quantity of the service of the employee on or 
     after January 1, 1985, that exceeds 10 years.''.
       (b) Federal Employees Retirement System.--
       (1) Immediate retirement.--Section 8412 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i) An employee of the Office of Navajo and Hopi Indian 
     Relocation is entitled to an annuity if that employee--
       ``(1) has been continuously employed in the Office of 
     Navajo and Hopi Indian Relocation during the period beginning 
     on January 1, 1985, and ending on the date of separation of 
     that individual; and
       ``(2)(A) has completed 25 years of service at any age; or
       ``(B) has attained the age of 50 years and has completed 20 
     years of service.''.
       (2) Computation of basic annuity.--Section 8415 of title 5, 
     United States Code, is amended--
       [(1) by redesignating subsection (l) as subsection (m);
       (2) by redesignating the second subsection designated as 
     subsection (k) as subsection (l); and
       (3) by adding at the end the following:]
       (A) by redesignating subsection (l) as subsection (m);
       (B) by redesignating the second subsection designated as 
     subsection (k) as subsection (l); and
       (C) by adding at the end the following:
       ``(n) The annuity of an employee retiring under section 
     8412(i) shall be determined in accordance with subsection 
     (d), except that with respect to service during the period 
     beginning on January 1, 1985, the annuity of the employee 
     shall be an amount equal to the sum of--
       ``(1) the product obtained by multiplying--
       ``(A) 2 percent of the average pay of the employee; and
       ``(B) the quantity of the total service of the employee 
     that does not exceed 10 years; and
       ``(2) the product obtained by multiplying--
       ``(A) 1\1/2\ percent of the average pay of the employee; 
     and
       ``(B) the quantity of the total service of the employee 
     that exceeds 10 years.''.

        TITLE III--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551(1) of title 
     5, United States Code.
       (2) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program.
       (3) Office.--The term ``Office'' means the Office of Navajo 
     and Hopi Relocation (including any component of that office).

     SEC. 302. TRANSFER OF FUNCTIONS.

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

     SEC. 303. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS.

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

     SEC. 304. EFFECT OF TITLE.

       (a) Continuing Effect of Legal Documents.--Any legal 
     document relating to a function transferred by this title 
     that is in effect on the date of enactment of this Act shall 
     continue in effect in accordance with the terms of the 
     document until the document is modified or terminated by--
       (1) the President;
       (2) the Secretary of the Interior;
       (3) a court of competent jurisdiction; or
       (4) operation of Federal or State law.
       (b) Proceedings Not Affected.--This title shall not affect 
     any proceeding (including a notice of proposed rulemaking, an 
     administrative proceeding, and an application for a license, 
     permit, certificate, or financial assistance) relating to a 
     function transferred under this title that is pending before 
     the Office of Navajo and Hopi Relocation on the date of 
     enactment of this Act.

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to, the McCain amendments at 
the desk be agreed to, the bill, as amended, be read a third time and 
passed, the motion to reconsider be laid upon the table and that any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The amendments (Nos. 3858 and 3859) were agreed to, as follows:


                           Amendment No. 3858

       (Purpose: In the nature of a substitute)
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                AMENDMENT NO. 3859 TO AMENDMENT NO. 388

   (Purpose: To modify a provision relating to the authorization of 
                            appropriations)

       Strike section 121 of the amendment and insert the 
     following:

     SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

       Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-
     24), is--

[[Page 6676]]

       (1) moved so as to appear at the end of the Act; and
       (2) amended to read as follows:

     ``SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out 
     section 11 such sums as are necessary for each of fiscal 
     years 2006 through 2008.''.

  The bill (S. 1003), as amended, was read the third time and passed, 
as follows:

                                S. 1003

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Navajo-
     Hopi Land Settlement Amendments of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Effect of Act.

          TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974

Sec. 101. Repeal of sections.
Sec. 102. Short title; definitions.
Sec. 103. Joint ownership of minerals.
Sec. 104. Actions.
Sec. 105. Paiute Indian allotments.
Sec. 106. Partitioned and other designated land.
Sec. 107. Resettlement land for Navajo Tribe.
Sec. 108. Office of Navajo and Hopi Indian Relocation.
Sec. 109. Report.
Sec. 110. Relocation of households and members.
Sec. 111. Relocation housing.
Sec. 112. Payment for use of land.
Sec. 113. Effect of Act.
Sec. 114. Actions for accounting, fair value of grazing, and claims for 
              damages to land.
Sec. 115. Joint use.
Sec. 116. Religious ceremonies; piping of water.
Sec. 117. Access to religious shrines.
Sec. 118. Exclusion of Payments from certain Federal determinations of 
              income.
Sec. 119. Authorization of exchange.
Sec. 120. Severability.
Sec. 121. Authorization of appropriations.
Sec. 122. Discretionary fund.
Sec. 123. Attorney fees and court costs.
Sec. 124. Lobbying.
Sec. 125. Navajo Rehabilitation Trust Fund.
Sec. 126. Availability of Funds for relocation assistance.

         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

Sec. 201. Definitions.
Sec. 202. Transfer of functions.
Sec. 203. Personnel provisions.
Sec. 204. Delegation and assignment.
Sec. 205. Reorganization.
Sec. 206. Rules.
Sec. 207. Transfer and allocations of appropriations and personnel.
Sec. 208. Incidental transfers.
Sec. 209. Effect on personnel.
Sec. 210. Separability.
Sec. 211. Transition.
Sec. 212. Report.
Sec. 213. References.
Sec. 214. Additional conforming amendment.
Sec. 215. Effect of title.
Sec. 216. Effective date.

    TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION

Sec. 301. Separation pay.
Sec. 302. Federal retirement.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Act of December 22, 1974 (25 U.S.C. 640d et seq.) 
     (commonly known as the ``Navajo-Hopi Land Settlement Act of 
     1974'') was enacted to address the century-long land disputes 
     between the Navajo Tribe and the Hopi Tribe and to establish 
     a relocation process to remove, by December 31, 1986, Navajos 
     and Hopis from land allocated to the other tribe by requiring 
     the filing of a relocation plan;
       (2) the Office of Navajo and Hopi Relocation was 
     established in 1988 as a temporary independent agency to 
     implement a 1981 relocation plan under that Act to relocate 
     eligible families that lived on disputed land as of December 
     22, 1974;
       (3) the relocation process has been plagued with 
     controversy and delay, and Congress has had to amend the Act 
     several times to authorize the expansion of original 
     relocation activity and to provide additional appropriations 
     for the implementation of relocation activities;
       (4) the Office of Navajo and Hopi Indian Relocation has 
     reviewed over 4,600 applications, considered numerous 
     appeals, provided relocation homes for over 3,600 families;
       (5) the Office of Navajo and Hopi Indian Relocation has 
     provided financial assistance and technical support to the 
     Navajo Tribe and the Hopi Tribe to address the impacts of 
     relocation, including the operation of livestock grazing 
     programs and resources to assist in the resettlement of 
     individuals;
       (6) individual Navajos and Hopis have had over 20 years 
     during which to apply for and receive relocation benefits or 
     to appeal a finding of ineligibility through the Office of 
     Navajo and Hopi Relocation and in Federal district court; and
       (7) the Office of Navajo and Hopi Relocation has had 
     sufficient time in which to notify potential eligible 
     applicants of the opportunity to receive relocation benefits, 
     to certify that specific individuals qualify for such 
     benefits, and to provide eligible individuals with 
     replacement housing, counseling, and other assistance to 
     adapt to relocation on Indian land or within non-Indian 
     communities.

     SEC. 3. EFFECT OF ACT.

       Nothing in this Act, or an amendment made by this Act--
       (1) limits or otherwise affects any determination of a 
     court, including a determination relating to an action 
     pending as of the date of enactment of this Act, relating to 
     a dispute of the Navajo Indian tribe or the Hopi Indian tribe 
     with respect to--
       (A) land; or
       (B) any settlement agreement; or
       (2) authorizes any cause of action not in existence on the 
     day before the date of enactment of this Act.

          TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974

     SEC. 101. REPEAL OF SECTIONS.

       (a) In General.--The Act of December 22, 1974 (25 U.S.C. 
     640d et seq.), is amended in the first undesignated section 
     by striking ``That, (a) within'' and all that follows through 
     the end of the section.
       (b) Additional Repeals.--Sections 2 through 5 and sections 
     26, 28, and 30 of the Act of December 22, 1974 (25 U.S.C. 
     640d-1 through 640d-4; 88 Stat. 1723; 25 U.S.C. 640d-26, 
     640d-28), are repealed.

     SEC. 102. SHORT TITLE; DEFINITIONS.

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

     ``SECTION 1. SHORT TITLE.

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

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) District court.--The term `District Court' means the 
     United States District Court for the District of Arizona.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(3) Tribe.--The term `Tribe' means--
       ``(A) the Navajo Indian Tribe; and
       ``(B) the Hopi Indian Tribe.''.

     SEC. 103. JOINT OWNERSHIP OF MINERALS.

       Section 7 of the Act of December 22, 1974 (25 U.S.C. 640d-
     6), is amended--
       (1) by striking ``Sec. 7. Partition'' and inserting the 
     following:

     ``SEC. 3. JOINT OWNERSHIP OF MINERALS.

       ``(a) In General.--Partition''; and
       (2) in the second sentence, by striking ``All'' and 
     inserting the following:
       ``(b) Joint Management.--All''.

     SEC. 104. ACTIONS.

       Section 8 of the Act of December 22, 1974 (25 U.S.C. 640d-
     7), is amended--
       (1) by striking ``Sec. 8. (a) Either Tribe'' and inserting 
     the following:

     ``SEC. 4. ACTIONS.

       ``(a) Actions in District Court.--Either Tribe'';
       (2) in subsection (b)--
       (A) in the first sentence, by striking ``(b) Lands, if 
     any,'' and inserting the following:
       ``(b) Allocation of Land.--
       ``(1) Navajo reservation.--Any land'';
       (B) in the second sentence, by striking ``Lands, if any,'' 
     and inserting the following:
       ``(2) Hopi reservation.--Any land''; and
       (C) in the third sentence, by striking ``Any lands'' and 
     inserting the following:
       ``(3) Joint and undivided interests.--Any land'';
       (3) in subsection (c)--
       (A) by striking ``(c)(1) Either'' and inserting the 
     following:
       ``(c) Exchange of Land.--
       ``(1) In general.--Either'';
       (B) in paragraph (2), by striking ``(2) In the event'' and 
     inserting the following:
       ``(2) Interests of tribes.--If'';
       (C) in paragraph (3), by striking ``(3) Neither'' and 
     inserting the following:
       ``(3) Defense.--Neither''; and
       (D) by striking ``section 18'' each place it appears and 
     inserting ``section 14'';
       (4) in subsection (d), by striking ``(d) Nothing'' and 
     inserting the following:
       ``(d) Effect of Section.--Nothing'';
       (5) in subsection (e), by striking ``(e) The'' and 
     inserting the following:
       ``(e) Payment of Legal Fees, Court Costs, and Other 
     Expenses.--The''; and
       (6) by striking subsection (f).

     SEC. 105. PAIUTE INDIAN ALLOTMENTS.

       Section 9 of the Act of December 22, 1974 (25 U.S.C. 640d-
     8), is amended by striking ``Sec. 9. Notwithstanding'' and 
     inserting the following:

     ``SEC. 5. PAIUTE INDIAN ALLOTMENTS.

       ``Notwithstanding''.

     SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND.

       Section 10 of the Act of December 22, 1974 (25 U.S.C. 640d-
     9), is amended--
       (1) by striking ``Sec. 10. (a) Subject'' and inserting the 
     following:

     ``SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND.

       ``(a) Navajo Trust Land.--Subject'';

[[Page 6677]]

       (2) in subsection (a), by striking ``section 9 and 
     subsection (a) of section 17'' and inserting ``sections 5 and 
     13(a)'';
       (3) in subsection (b)--
       (A) by striking ``(b) Subject'' and inserting the 
     following:
       ``(b) Hopi Trust Land.--Subject'';
       (B) by striking ``section 9 and subsection (a) of section 
     17'' and inserting ``sections 5 and 13(a)'';
       (C) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4''; and
       (D) by striking ``section 8'' and inserting ``section 4'';
       (4) in subsection (c)--
       (A) by striking ``(c) The'' and inserting the following:
       ``(c) Protection of Rights and Property.--The''; and
       (B) by striking ``pursuant thereto'' and all that follows 
     through the end of the subsection and inserting ``pursuant to 
     this Act'';
       (5) in subsection (d), by striking ``(d) With'' and 
     inserting the following:
       ``(d) Protection of Benefits and Services.--With''; and
       (6) in subsection (e)--
       (A) by striking ``(e)(1) Lands'' and inserting the 
     following:
       ``(e) Tribal Jurisdiction Over Partitioned Land.--
       ``(1) In general.--Land'';
       (B) by adjusting the margins of subparagraphs (A) and (B) 
     of paragraph (1) appropriately; and
       (C) in the matter following subparagraph (B)--
       (i) by striking ``The provisions'' and inserting the 
     following:
       ``(2) Responsibility of secretary.--The provisions''; and
       (ii) by striking ``life tenants and''.

     SEC. 107. RESETTLEMENT LAND FOR NAVAJO TRIBE.

       (a) In General.--Section 11(a) of the Act of December 22, 
     1974 (25 U.S.C. 640d-10(a)), is amended--
       (1) by striking ``Sec. 11. (a) The Secretary'' and 
     inserting the following:

     ``SEC. 7. RESETTLEMENT LAND FOR NAVAJO TRIBE.

       ``(a) Transfer of Land.--
       ``(1) In general.--The Secretary'';
       (2) by striking ``(1) transfer not to exceed two hundred 
     and fifty thousand acres of lands'' and inserting the 
     following:
       ``(A) transfer not more than 250,000 acres of land 
     (including any acres previously transferred under this 
     Act)'';
       (3) by striking ``Tribe: Provided, That'' and all that 
     follows through ``as possible.'' and inserting ``Tribe; 
     and'';
       (4) in the first paragraph designated as paragraph (2)--
       (A) by striking ``(2) on behalf'' and inserting the 
     following:
       ``(B) on behalf''; and
       (B) by striking the second sentence;
       (5) in the matter following paragraph (1)(B) (as 
     redesignated by paragraph (4))--
       (A) in the first sentence--
       (i) by striking ``Subject to'' and all that follows through 
     ``all rights'' and inserting the following:
       ``(4) Requirements of transfer.--
       ``(A) In general.--Subject to this paragraph, all rights''; 
     and
       (ii) by striking ``paragraph (1)'' and inserting 
     ``paragraph (1)(A)'';
       (B) in the second sentence, by striking ``So long as'' and 
     inserting the following:
       ``(B) Coal lease applications.--
       ``(i) In general.--If'';
       (C) in the third sentence, by striking ``If such 
     adjudication'' and inserting the following:
       ``(ii) Issuance of leases.--If an adjudication under clause 
     (i)'';
       (D) in the fourth sentence, by striking ``The leaseholders 
     rights and interests'' and inserting the following:
       ``(iii) Rights and interests of leaseholders.--The rights 
     and interests of a holder of a lease described in clause 
     (i)''; and
       (E) in the fifth sentence, by striking ``If any'' and 
     inserting the following:
       ``(C) Claims under mining law.--If any'';
       (6) by inserting after paragraph (1)(B) (as redesignated by 
     paragraph (4)) the following:
       ``(2) Exchange of land.--
       ``(A) In general.--In order to facilitate a transfer of 
     land under paragraph (1)(A), the Secretary may exchange land 
     described in paragraph (1)(A) for State or private land of 
     equal value.
       ``(B) Unequal value.--If the State or private land 
     described in subparagraph (A) is of unequal value to the land 
     described in paragraph (1)(A), the recipient of the land that 
     is of greater value shall pay to the other party to the 
     exchange under subparagraph (A) compensation in an amount not 
     to exceed the lesser of--
       ``(i) the difference between the values of the land 
     exchanged; or
       ``(ii) the amount that is 25 percent of the total value of 
     the land transferred from the Secretary to the Navajo Tribe.
       ``(C) Responsibility of secretary.--The Secretary shall 
     make reasonable efforts to reduce any payment under 
     subparagraph (B) to the lowest practicable amount.
       ``(3) Title to land accepted.--The Secretary shall accept 
     title to land under subparagraphs (A) and (B) of paragraph 
     (1) on behalf of the United States in trust for the benefit 
     of the Navajo Tribe as a part of the Navajo reservation.''; 
     and
       (7) in the second paragraph designated as paragraph (2)--
       (A) in the first sentence--
       (i) by striking ``(2) Those'' and inserting the following:
       ``(5) State rights.--
       ``(A) In general.--The''; and
       (ii) by striking ``subsection 2 of this section'' and 
     inserting ``paragraph (1)(B)''; and
       (B) in the second sentence, by striking ``The'' and 
     inserting the following:
       ``(B) State interests.--The''.
       (b) Proximity of Land; Exchanges of Land.--Section 11(b) of 
     the Act of December 22, 1974 (25 U.S.C. 640d-10(b)), is 
     amended by striking ``(b) A border'' and inserting the 
     following:
       ``(b) Proximity of Land to Be Transferred or Acquired.--A 
     border''.
       (c) Selection of Land.--Section 11(c) of the Act of 
     December 22, 1974 (25 U.S.C. 640d-10(c)), is amended--
       (1) by striking ``(c) Lands'' and inserting the following:
       ``(c) Selection of Land To Be Transferred or Acquired.--
     Land''; and
       (2) by striking the period at the end and inserting the 
     following: ``: Provided further, That the authority of the 
     Commissioner to select lands under this subsection shall 
     terminate on September 30, 2008.''.
       (d) Reports.--Section 11(d) of the Act of December 22, 1974 
     (25 U.S.C. 640d-10(d)), is amended by striking ``(d) The'' 
     and inserting the following:
       ``(d) Reports.--The''.
       (e) Payments.--Section 11(e) of the Act of December 22, 
     1974 (25 U.S.C. 640d-10(e)), is amended by striking ``(e) 
     Payments'' and inserting the following:
       ``(e) Payments.--Payments''.
       (f) Acquisition of Title to Surface and Subsurface 
     Interests.--Section 11(f) of the Act of December 22, 1974 (25 
     U.S.C. 640d-10(f)), is amended--
       (1) by striking ``(f)(1) For'' and inserting the following:
       ``(f) Acquisition of Title to Surface and Subsurface 
     Interests.--
       ``(1) In general.--For'';
       (2) in paragraph (2), by striking ``(2) If'' and inserting 
     the following:
       ``(2) Public notice; report.--If''; and
       (3) in paragraph (3), by striking ``(3) In any case where'' 
     and inserting the following:
       ``(3) Rights of subsurface owners.--If''.
       (g) Land Not Available for Transfer.--Section 11(g) of the 
     Act of December 22, 1974 (25 U.S.C. 640d-10(g)), is amended 
     by striking ``(g) No'' and inserting the following:
       ``(g) Land Not Available for Transfer.--No''.
       (h) Administration of Land Transferred or Acquired.--
     Section 11(h) of the Act of December 22, 1974 (25 U.S.C. 
     640d-10(h)), is amended--
       (1) by striking ``(h) The lands'' and inserting the 
     following:
       ``(h) Administration of Land Transferred or Acquired.--
       ``(1) In general.--The land''; and
       (2) by adding at the end the following:
       ``(2) Relocation.--
       ``(A) In general.--In order to facilitate relocation of a 
     member of a Tribe, the Commissioner may grant a homesite 
     lease on land acquired under this section to a member of the 
     extended family of a Navajo Indian who is certified as 
     eligible to receive benefits under this Act.
       ``(B) Exception.--The Commissioner may not use any funds 
     available to the Commissioner to carry out this Act to 
     provide housing to an extended family member described in 
     subparagraph (A).''.
       (i) Negotiations Regarding Land Exchanges and Leases.--
     Section 11(i) of the Act of December 22, 1974 (25 U.S.C. 
     640d-10(i)), is amended--
       (1) by striking ``(i) The'' and inserting the following:
       ``(i) Negotiations Regarding Land Exchanges and Leases.--
     The''; and
       (2) by striking ``section 23'' and inserting ``section 
     19''.

     SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

       Section 12 of the Act of December 22, 1974 (25 U.S.C. 640d-
     11), is amended--
       (1) by striking ``Sec. 12. (a) There is hereby'' and 
     inserting the following:

     ``SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

       ``(a) Establishment.--There is'';
       (2) in subsection (b), by striking ``(b) The'' and 
     inserting the following:
       ``(b) Appointment.--The'';
       (3) in subsection (c)--
       (A) by striking ``(c)(1)(A) Except'' and inserting the 
     following:
       ``(c) Continuation of Powers.--
       ``(1) Powers and duties of commissioner; existing funds.--
       ``(A) Powers and duties of commissioner.--Except'';
       (B) in paragraph (1)(B), by striking ``(B) All'' and 
     inserting the following:
       ``(B) Existing funds.--All''; and
       (C) in paragraph (2), by striking ``(2) There are hereby'' 
     and inserting the following:
       ``(2) Transfer of powers.--There are'';
       (4) in subsection (d)--

[[Page 6678]]

       (A) by striking ``(d)(1) Subject'' and inserting the 
     following:
       ``(d) Powers of Commissioner.--
       ``(1) In general.--Subject'';
       (B) by adjusting the margins of subparagraphs (A) and (B) 
     of paragraph (1) appropriately;
       (C) in paragraph (2), by striking ``(2) The'' and inserting 
     the following:
       ``(2) Contracts.--The''; and
       (D) in paragraph (3), by striking ``(3) There'' and 
     inserting the following:
       ``(3) Authorization of appropriations.--There'';
       (5) in subsection (e)--
       (A) by striking ``(e)(1)'' and inserting the following:
       ``(e) Administration.--
       ``(1) Administrative, fiscal, and housekeeping services.--
     '';
       (B) in paragraph (1)--
       (i) in the first sentence, by striking ``The'' and 
     inserting the following:
       ``(A) In general.--The''; and
       (ii) in the second sentence, by striking ``In any'' and 
     inserting the following:
       ``(B) Assistance from departments and agencies.--In any''; 
     and
       (C) in paragraph (2), by striking ``(2) On'' and inserting 
     the following:
       ``(2) Failure to provide assistance.--On'';
       (6) by striking subsection (f) and inserting the following:
       ``(f) Termination.--
       ``(1) In general.--The Office of Navajo and Hopi Indian 
     Relocation shall terminate on September 30, 2008.
       ``(2) Transfer of office duties.--On the date of 
     termination of the Office, any duty of the Office that has 
     not been carried out, as determined in accordance with this 
     Act, shall be transferred to the Secretary in accordance with 
     title II of the Navajo-Hopi Land Settlement Amendments of 
     2005.''; and
       (7) by adding at the end the following:
       ``(g) Ease of Transition.--Beginning on the date of 
     enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005, the Secretary may--
       ``(1) consult with the Commissioner regarding the transfer 
     of the responsibilities of the Office of Navajo and Hopi 
     Indian Relocation to the Department of the Interior; and
       ``(2) take any action the Secretary determines to be 
     necessary to assume the responsibilities of the Office on 
     September 30, 2008.''.

     SEC. 109. REPORT.

       Section 13 of the Act of December 22, 1974 (25 U.S.C. 640d-
     12), is amended--
       (1) by striking ``Sec. 13. (a) By no'' and inserting the 
     following:

     ``SEC. 9. REPORT.

       ``(a) In General.--Not''; and
       (2) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Inclusions.--The''; and
       (B) by striking ``contain, among other matters, the 
     following:'' and inserting ``include--''.

     SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS.

       Section 14 of the Act of December 22, 1974 (25 U.S.C. 640d-
     13), is amended--
       (1) by striking ``Sec. 14. (a)'' and inserting the 
     following:

     ``SEC. 10. RELOCATION OF HOUSEHOLDS AND MEMBERS.

       ``(a) Authorization.--'';
       (2) in subsection (a)--
       (A) in the first sentence--
       (i) by striking ``Consistent'' and inserting the following:
       ``(1) In general.--Consistent'';
       (ii) by striking ``section 8'' each place it appears and 
     inserting ``section 4'';
       (iii) by inserting ``(as in effect on the day before the 
     date of enactment of the Navajo-Hopi Land Settlement 
     Amendments of 2005)'' after ``section 3 or 4''; and
       (iv) by inserting ``, or, after September 30, 2008, the 
     Attorney General,'' after ``the Commissioner'';
       (B) by striking the second sentence;
       (C) in the third sentence, by striking ``No further'' and 
     inserting the following:
       ``(2) Settlements of navajo.--No further'';
       (D) in the fourth sentence, by striking ``No further'' and 
     inserting the following:
       ``(3) Settlements of hopi.--No further''; and
       (E) in the fifth sentence, by striking ``No individual'' 
     and inserting the following:
       ``(4) Grazing.--No individual'';
       (3) in subsection (b)--
       (A) by striking ``(b) In addition'' and inserting the 
     following:
       ``(b) Additional Payments to Heads of Households.--In 
     addition'';
       (B) by striking ``section 15'' and inserting ``section 
     11''; and
       (C) by striking ``section 13'' and inserting ``section 9'';
       (4) in subsection (c), by striking ``(c) No'' and inserting 
     the following:
       ``(c) Payments for Persons Moving After a Certain Date.--
     No''; and
       (5) by adding at the end the following:
       ``(d) Prohibition.--No payment for benefits under this Act 
     may be made to any head of a household if, as of September 
     30, 2008, that head of household has not been certified as 
     eligible to receive the payment.''.

     SEC. 111. RELOCATION HOUSING.

       Section 15 of the Act of December 22, 1974 (25 U.S.C. 640d-
     14), is amended--
       (1) by striking ``Sec. 15. (a)'' and inserting the 
     following:

     ``SEC. 11. RELOCATION HOUSING.

       ``(a) Purchase of Habitation and Improvements.--'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``The Commission'' 
     and inserting the following:
       ``(1) In general.--The Commission''; and
       (B) in the second sentence--
       (i) by striking ``The purchase'' and inserting the 
     following:
       ``(2) Purchase price.--The purchase''; and
       (ii) by striking ``as determined under clause (2) of 
     subsection (b) of section 13'';
       (3) in subsection (b)--
       (A) by striking ``(b) In addition'' and inserting the 
     following:
       ``(b) Reimbursement for Moving Expenses and Payment for 
     Replacement Dwelling.--In addition'';
       (B) by striking ``shall:'' and inserting ``shall--''; and
       (C) in paragraph (1), by inserting ``and'' after the 
     semicolon at the end;
       (4) in subsection (c)--
       (A) by striking ``(c) In implementing'' and inserting the 
     following:
       ``(c) Standards; Certain Payments.--
       ``(1) Standards.--In carrying out''; and
       (B) in the second sentence--
       (i) by striking ``No payment'' and inserting the following:
       ``(2) Certain payments.--No payment''; and
       (ii) by inserting ``(as in effect on the day before the 
     date of enactment of the Navajo-Hopi Land Settlement 
     Amendments of 2005)'' after ``section 8 or section 3 or 4'';
       (5) in subsection (d)--
       (A) by striking ``(d) The'' and inserting the following:
       ``(d) Methods of Payment.--The'';
       (B) by striking ``(1) Should'' and inserting the following:
       ``(1) Home ownership opportunity projects.--Should'';
       (C) by striking ``(2) Should'' and inserting the following:
       ``(2) Purchased and constructed dwellings.--Should''; and
       (D) by striking ``(3) Should'' and inserting the following:
       ``(3) Failure to arrange relocation.--Should'';
       (6) in subsection (e)--
       (A) by striking ``(e) The'' and inserting the following:
       ``(e) Disposal of Acquired Dwellings and Improvements.--
     The'';
       (B) by striking ``section 8'' and inserting ``section 4''; 
     and
       (C) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4'';
       (7) in subsection (f), by striking ``(f) Notwithstanding'' 
     and inserting the following:
       ``(f) Preferential Treatment.--Notwithstanding''; and
       (8) by striking subsection (g) and inserting the following:
       ``(g) Benefits.--
       ``(1) In general.--Not later than September 30, 2008, the 
     Commissioner shall notify the Secretary and each Tribe of the 
     identity of any head of household member of the Tribe that, 
     as of that date--
       ``(A) is certified as eligible to receive benefits under 
     this Act;
       ``(B) does not reside on land that has been partitioned to 
     the Tribe; and
       ``(C) has not received a replacement home.
       ``(2) Transfer of funds.--Not later than September 30, 
     2008, and except as provided in paragraph (4), the 
     Commissioner shall--
       ``(A) transfer to the Secretary any funds not used by the 
     Commissioner to make payments under this Act to eligible 
     heads of households; and
       ``(B) provide a notice to each Tribe regarding the amount 
     of the funds transferred under subparagraph (B).
       ``(3) Disposition of transferred funds.--
       ``(A) In general.--The Secretary shall hold any funds 
     transferred under paragraph (2) for the heads of households 
     described in paragraph (1)(A) until the date on which a 
     request for the funds, or a portion of the funds, is 
     submitted to the Secretary by--
       ``(i) an eligible head of household; or
       ``(ii) the Tribe, acting with the consent of such a head of 
     household.
       ``(B) Payment amounts.--Of the funds held under 
     subparagraph (A), the Secretary shall make payments to the 
     Tribe or heads of households described in paragraph (1)(A) in 
     amounts that would have been made to the heads of households 
     under this Act before September 30, 2008--
       ``(i) on receipt of a request of a head of household, to be 
     used for a replacement home; or
       ``(ii) on the date of death of the head of household, if 
     the head of household does not make a request under clause 
     (i), in accordance with subparagraph (C).
       ``(C) Distribution of funds on death of head of 
     household.--If the Secretary holds funds under this paragraph 
     for a head of household described in paragraph (1)(A) on the 
     death of the head of household, the Secretary shall--

[[Page 6679]]

       ``(i) identify and notify any heir of the head of 
     household, in accordance with applicable law; and
       ``(ii) distribute the funds held by the Secretary for the 
     head of household to any heir--

       ``(I) immediately, if the heir is at least 18 years old; or
       ``(II) if the heir is younger than 18 years old on the date 
     on which the Secretary identified the heir, on the date on 
     which the heir attains the age of 18.

       ``(D) Claims of competing heirs.--Any claim to a 
     distribution under subparagraph (C) that is disputed by any 
     competing heir of a head of household shall be determined 
     during the probate process in accordance with applicable law.
       ``(4) Disputed eligibility claims.--
       ``(A) Transfer of funds.--Not later than September 30, 
     2008, the Commissioner shall transfer to the Secretary an 
     appropriate percentage, as determined by the Commissioner, of 
     the funds not used by the Commissioner to make payments under 
     this Act to eligible heads of households.
       ``(B) Disposition of transferred funds.--
       ``(i) In general.--The Secretary shall hold any funds 
     transferred under subparagraph (A) for any individual the 
     status of whom under this Act is the subject of a dispute 
     with the Commissioner.
       ``(ii) Distributions to heads of households.--If an 
     individual described in clause (i) is identified by the 
     Commissioner as a head of household described in paragraph 
     (1), the Secretary shall distribute funds transferred under 
     subparagraph (A) to the individual in accordance with 
     paragraph (3).
       ``(h) Notification.--
       ``(1) In general.--To the extent not already provided, not 
     later than 180 days after the date of enactment of the 
     Navajo-Hopi Land Settlement Amendments of 2005, the 
     Commissioner shall notify each eligible head of household who 
     has not entered into a lease with the Hopi Tribe to reside on 
     land partitioned to the Hopi Tribe, in accordance with 
     section 700.138 of title 25, Code of Federal Regulations (or 
     a successor regulation).
       ``(2) List.--On the date on which a notice period referred 
     to in section 700.139 of title 25, Code of Federal 
     Regulations (or a successor regulation), expires, the 
     Commissioner shall submit to the Secretary and the United 
     States Attorney for the District of Arizona a list containing 
     the name and address of each eligible head of household who--
       ``(A) continues to reside on land that has not been 
     partitioned to the Tribe of the head of household; and
       ``(B) has not entered into a lease to reside on that land.
       ``(3) Construction of replacement homes.--Before July 1, 
     2008, but not later than 90 days after receiving a notice of 
     the imminent removal of a relocatee from land provided to the 
     Navajo Tribe or the Hopi Tribe under this Act, the 
     Commissioner shall--
       ``(A) make an eligibility determination with respect to the 
     relocatee in accordance with any appropriate policy or 
     procedure; and
       ``(B) on a determination under subparagraph (A) that the 
     relocatee is eligible for relocation--
       ``(i) begin construction of a replacement home on any land 
     acquired under section 6; or
       ``(ii) establish a fund for the benefit of the relocatee, 
     to be administered in accordance with this section.
       ``(i) Appeals.--
       ``(1) In general.--The Commissioner shall establish an 
     expedited hearing procedure for any appeal relating to the 
     denial of eligibility for benefits under this Act (including 
     regulations promulgated pursuant to this Act) that is pending 
     on, or filed after, the date of enactment of Navajo-Hopi Land 
     Settlement Amendments of 2005.
       ``(2) Final determinations.--The hearing procedure 
     established under paragraph (1) shall--
       ``(A) provide for a hearing before an impartial third 
     party, as the Commissioner determines necessary: and
       ``(B) ensure that a final determination is made by the 
     Office of Navajo and Hopi Indian Relocation for each appeal 
     described in paragraph (1) by not later than January 1, 2008.
       ``(j) Procurement of Services.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, to ensure the full and fair evaluation of an appeal 
     hearing before an impartial third party referred to in 
     subsection (i)(2)(A), the Commissioner may enter into such 
     contracts or agreements to procure such services, and employ 
     such personnel (including attorneys), as the Commissioner 
     determines to be necessary.
       ``(2) Detail of administrative law judges or hearing 
     officers.--The Commissioner may request the Secretary to act 
     through the Director of the Office of Hearings and Appeals to 
     make available to the Office of Navajo and Hopi Indian 
     Relocation an administrative law judge or other hearing 
     officer with appropriate qualifications, as determined by the 
     Commissioner.
       ``(k) Appeal to United States Circuit Court of Appeals.--
       ``(1) In general.--Subject to paragraph (3), any individual 
     who, under the procedures established by the Commissioner 
     pursuant to this section, is determined not to be eligible to 
     receive benefits under this Act may appeal that determination 
     to the United States Circuit Court of Appeals for the Ninth 
     Circuit (referred to in this subsection as the `Circuit 
     Court').
       ``(2) Review.--
       ``(A) In general.--The Circuit Court shall, with respect to 
     each appeal described in paragraph (1)--
       ``(i) review the entire record (as certified to the Circuit 
     Court under paragraph (3)) on which a determination of the 
     ineligibility of the appellant to receive benefits under this 
     Act was based; and
       ``(ii) on the basis of that review, affirm or reverse that 
     determination.
       ``(B) Standard of review.--The Circuit Court shall affirm 
     any determination that the Circuit Court determines to be 
     supported by substantial evidence.
       ``(3) Notice of appeal.--
       ``(A) In general.--To the extent not already provided by 
     this Act or other applicable Federal law, not later than 30 
     days after a determination of ineligibility under paragraph 
     (1), an affected individual shall file a notice of appeal 
     with--
       ``(i) the Circuit Court; and
       ``(ii) the Commissioner.
       ``(B) Certification of record.--On receipt of a notice 
     under subparagraph (A)(ii), the Commissioner shall submit to 
     the Circuit Court the certified record on which the 
     determination that is the subject of the appeal was made.
       ``(C) Review period.--Not later than 60 days after 
     receiving a certified record under subparagraph (B), the 
     Circuit Court shall conduct a review and file a decision 
     regarding an appeal in accordance with paragraph (2).
       ``(D) Binding decision.--A decision made by the Circuit 
     Court under this subsection shall be final and binding on all 
     parties.''.

     SEC. 112. PAYMENT FOR USE OF LAND.

       Section 16 of the Act of December 22, 1974 (25 U.S.C. 640d-
     15), is amended--
       (1) by striking ``Sec. 16. (a) The Navajo'' and inserting 
     the following:

     ``SEC. 12. PAYMENT FOR USE OF LAND.

       ``(a) In General.--The Navajo'';
       (2) in subsection (a), by inserting ``(as in effect on the 
     day before the date of enactment of the Navajo-Hopi Land 
     Settlement Amendments of 2005)'' before ``sections 8 and 3 or 
     4''; and
       (3) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Payment.--The''; and
       (B) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``sections 8 and 3 or 4''.

     SEC. 113. EFFECT OF ACT.

       Section 17 of the Act of December 22, 1974 (25 U.S.C. 640d-
     16), is amended--
       (1) by striking ``Sec. 17. (a)'' and inserting the 
     following:

     ``SEC. 13. EFFECT OF ACT.

       ``(a) Title, Possession, and Enjoyment.--'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(1) In general.--Nothing''; and
       (B) in the second sentence, by striking ``Such'' and 
     inserting the following:
       ``(2) Residence on other reservations.--Any''; and
       (3) in subsection (b), by striking ``(b) Nothing'' and 
     inserting the following:
       ``(b) Federal Employees.--Nothing''.

     SEC. 114. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND 
                   CLAIMS FOR DAMAGES TO LAND.

       Section 18 of the Act of December 22, 1974 (25 U.S.C. 640d-
     17), is amended--
       (1) by striking ``Sec. 18. (a) Either'' and inserting the 
     following:

     ``SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND 
                   CLAIMS FOR DAMAGES TO LAND.

       ``(a) Actions by Tribes.--Either'';
       (2) in subsection (a), by inserting ``(as in effect on the 
     day before the date of enactment of the Navajo-Hopi Land 
     Settlement Amendments of 2005)'' after ``section 3 or 4'';
       (3) in subsection (b)--
       (A) by striking ``(b) Neither'' and inserting the 
     following:
       ``(b) Defenses.--Neither''; and
       (B) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4'';
       (4) in subsection (c)--
       (A) by striking ``(c) Either'' and inserting the following:
       ``(c) Further Original, Ancillary, or Supplementary Acts To 
     Ensure Quiet Enjoyment.--
       ``(1) In general.--Either''; and
       (B) in the second sentence, by striking ``Such actions'' 
     and inserting the following:
       ``(2) Action through chairman.--An action under paragraph 
     (1)'';
       (5) in subsection (d)--
       (A) by striking ``(d) Except'' and inserting the following:
       ``(d) United States as Party; Judgments Against the United 
     States.--
       ``(1) In general.--Except''; and
       (B) in the second sentence, by striking ``Any judgment or 
     judgments'' and inserting the following:

[[Page 6680]]

       ``(2) Effect of judgments.--Any judgment''; and
       (6) in subsection (e), by striking ``(e) All'' and 
     inserting the following:
       ``(e) Remedies.--All''.

     SEC. 115. JOINT USE.

       Section 19 of the Act of December 22, 1974 (25 U.S.C. 640d-
     18), is amended--
       (1) by striking ``Sec. 19. (a) Notwithstanding'' and 
     inserting the following:

     ``SEC. 15. JOINT USE.

       ``(a) Reduction of Livestock.--
       ``(1) In general.--Notwithstanding'';
       (2) in subsection (a)(1) (as designated by paragraph (1))--
       (A) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4''; and
       (B) in the second sentence, by striking ``The Secretary is 
     directed to'' and inserting the following:
       ``(2) Conservation practices and methods.--The Secretary 
     shall'';
       (3) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Survey Location of Monuments and Fencing of 
     Boundaries.--The''; and
       (B) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``sections 8 and 3 or 4'' each place it 
     appears; and
       (4) in subsection (c)--
       (A) by striking ``(c)(1) Surveying'' and inserting the 
     following:
       ``(c) Surveying, Monumenting, and Fencing; Livestock 
     Reduction Program.--
       ``(1) Surveying, monumenting, and fencing.--Surveying'';
       (B) in paragraph (1)--
       (i) by striking ``of this Act'' and inserting ``(as in 
     effect on the day before the date of enactment of the Navajo-
     Hopi Land Settlement Amendments of 2005)''; and
       (ii) by striking ``section 8'' and inserting ``section 4''; 
     and
       (C) in paragraph (2), by striking ``(2) The'' and inserting 
     the following:
       ``(2) Livestock reduction program.--The''.

     SEC. 116. RELIGIOUS CEREMONIES; PIPING OF WATER.

       Section 20 of the Act of December 22, 1974 (25 U.S.C. 640d-
     19), is amended by striking ``Sec. 20. The members'' and 
     inserting the following:

     ``SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER.

       ``The members''.

     SEC. 117. ACCESS TO RELIGIOUS SHRINES.

       Section 21 of the Act of December 22, 1974 (25 U.S.C. 640d-
     20), is amended by striking ``Sec. 21. Notwithstanding'' and 
     inserting the following:

     ``SEC. 17. ACCESS TO RELIGIOUS SHRINES.

       ``Notwithstanding''.

     SEC. 118. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL 
                   DETERMINATIONS OF INCOME.

       Section 22 of the Act of December 22, 1974 (25 U.S.C. 640d-
     21), is amended--
       (1) by striking ``Sec. 22. The availability'' and inserting 
     the following:

     ``SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL 
                   DETERMINATIONS OF INCOME.

       ``(a) In General.--The availability''; and
       (2) by striking ``None of the funds'' and inserting the 
     following:
       ``(b) Federal and State Income Taxes.--None of the funds''.

     SEC. 119. AUTHORIZATION OF EXCHANGE.

       Section 23 of the Act of December 22, 1974 (25 U.S.C. 649d-
     22), is amended--
       (1) by striking ``Sec. 23. The Navajo'' and inserting the 
     following:

     ``SEC. 19. AUTHORIZATION OF EXCHANGE.

       ``(a) In General.--The Navajo''; and
       (2) in the second sentence--
       (A) by striking ``In the event that the Tribes should'' and 
     inserting the following:
       ``(b) Negotiated Exchanges.--If the Tribes''; and
       (B) by striking ``sections 14 and 15'' and inserting 
     ``sections 10 and 11''.

     SEC. 120. SEVERABILITY.

       Section 24 of the Act of December 22, 1974 (25 U.S.C. 640d-
     23), is amended by striking ``Sec. 24. If'' and inserting the 
     following:

     ``SEC. 20. SEVERABILITY.

       ``If''.

     SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

       Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-
     24), is--
       (1) moved so as to appear at the end of the Act; and
       (2) amended to read as follows:

     ``SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out 
     section 11 such sums as are necessary for each of fiscal 
     years 2006 through 2008.''.

     SEC. 122. DISCRETIONARY FUND.

       Section 27 of the Act of December 22, 1974 (25 U.S.C. 640d-
     25), is amended by striking ``Sec. 27.'' and all that follows 
     through ``(c) The Secretary'' and inserting the following:

     ``SEC. 21. DISCRETIONARY FUND.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to a discretionary fund of the 
     Commissioner to carry out this Act--
       ``(1) $6,000,000 for the period of fiscal years 2006 
     through 2008; and
       ``(2) such sums as are necessary for each subsequent fiscal 
     year.
       ``(b) Hopi High School and Medical Center.--The 
     Secretary''.

     SEC. 123. ATTORNEY FEES AND COURT COSTS.

       Section 29 of the Act of December 22, 1974 (25 U.S.C. 640d-
     27), is amended--
       (1) by striking ``Sec. 29. (a)'' and inserting the 
     following:

     ``SEC. 22. ATTORNEY FEES AND COURT COSTS.

       ``(a) In General.--'';
       (2) in subsection (a)--
       (A) by striking ``In any'' and inserting the following:
       ``(1) In general.--In any''; and
       (B) by striking ``For each'' and inserting the following:
       ``(2) Authorization of appropriations.--For each'';
       (3) in subsection (b)--
       (A) by striking ``(b) Upon'' and inserting the following:
       ``(b) Award by Court.--
       ``(1) In general.--On''; and
       (B) in the second sentence, by striking ``Any party'' and 
     inserting the following:
       ``(2) Reimbursement of united states.--Any party'';
       (4) in subsection (c), by striking ``(c) To'' and inserting 
     the following:
       ``(c) Excess Difference.--To''; and
       (5) in subsection (d)--
       (A) by striking ``(d) This'' and inserting the following:
       ``(d) Application of Section.--This''; and
       (B) by striking ``section 8 or 18(a) of this Act'' and 
     inserting ``section 4 or section 14(a)''.

     SEC. 124. LOBBYING.

       Section 31 of the Act of December 22, 1974 (25 U.S.C. 640d-
     29), is amended--
       (1) by striking ``Sec. 31. (a) Except'' and inserting the 
     following:

     ``SEC. 23. LOBBYING.

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

     SEC. 125. NAVAJO REHABILITATION TRUST FUND.

       The first section designated as section 32 of the Act of 
     December 22, 1974 (25 U.S.C. 640d-30), is amended--
       (1) by striking ``Sec. 32. (a) There'' and inserting the 
     following:

     ``SEC. 24. NAVAJO REHABILITATION TRUST FUND.

       ``(a) Establishment.--There'';
       (2) in subsection (b), by striking ``(b) All'' and 
     inserting the following:
       ``(b) Deposit of Income Into Fund.--All'';
       (3) in subsection (c), by striking ``(c) The'' and 
     inserting the following:
       ``(c) Investment of Funds.--The'';
       (4) in subsection (d)--
       (A) by striking ``(d) Funds'' and inserting the following:
       ``(d) Availability of Funds.--Funds'';
       (B) in paragraph (1), by striking ``proceedings,'' and 
     inserting ``proceedings;''; and
       (C) in paragraph (2), by striking ``Act, or'' and inserting 
     ``Act; or'';
       (5) in subsection (e)--
       (A) by striking ``(e) By December 1'' and inserting the 
     following:
       ``(e) Expenditure of Funds.--
       ``(1) In general.--Not later than December 1''; and
       (B) in the second sentence, by striking ``Such framework is 
     to be'' and inserting the following:
       ``(2) Requirement.--The framework under paragraph (1) shall 
     be'';
       (6) in subsection (f)--
       (A) by striking ``(f) The'' and inserting the following:
       ``(f) Termination.--
       ``(1) In general.--The''; and
       (B) in the second sentence, by striking ``All funds'' and 
     inserting the following:
       ``(2) Transfer of remaining funds.--All funds''; and
       (7) by striking subsection (g).

     SEC. 126. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.

       The second section designated as section 32 of the Act of 
     December 22, 1974 (25 U.S.C. 640-31), is amended by striking 
     ``Sec. 32. Nothing'' and inserting the following:

     ``SEC. 25. AVAILABILITY OF FUNDS FOR RELOCATION 
                   ASSISTANCE.''.

       ``Nothing''.

         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551(1) of title 
     5, United States Code.
       (2) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program carried out under Federal law 
     in accordance with the purposes of the Office.
       (3) Office.--The term ``Office'' means the Office of Navajo 
     and Hopi Relocation (including any component of that office).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 202. TRANSFER OF FUNCTIONS.

       (a) In General.--Effective beginning on September 30, 2008, 
     there is transferred to the Secretary any function of the 
     Office that has not been carried out by the Office in 
     accordance with the Act of December 22, 1974 (25 U.S.C. 640 
     et seq.) (as amended by title I).
       (b) Memorandum of Agreement.--Not later than September 29, 
     2008, the Secretary,

[[Page 6681]]

     in consultation with the Director of the Office of Management 
     and Budget, may enter into a memorandum of agreement with the 
     Office, as the Secretary determines to be appropriate to 
     facilitate the transfer under subsection (a).

     SEC. 203. PERSONNEL PROVISIONS.

       (a) Appointments.--The Secretary may appoint and fix the 
     compensation of such officers and employees as the Secretary 
     determines to be necessary to carry out any function 
     transferred under this title.
       (b) Requirements.--Except as otherwise provided by law--
       (1) any officer or employee described in subsection (a) 
     shall be appointed in accordance with the civil service laws; 
     and
       (2) the compensation of such an officer or employee shall 
     be fixed in accordance with title 5, United States Code.

     SEC. 204. DELEGATION AND ASSIGNMENT.

       (a) In General.--Except where otherwise expressly 
     prohibited by law or otherwise provided by this title, the 
     Secretary may delegate any of the functions transferred to 
     the Secretary by this title and any function transferred or 
     granted to the Secretary after the effective date of this 
     title to such officers and employees of the Department of the 
     Interior as the Secretary may designate, and may authorize 
     successive redelegations of such functions as may be 
     necessary or appropriate.
       (b) Delegation.--No delegation of functions by the 
     Secretary under this section or under any other provision of 
     this title shall relieve the Secretary of responsibility for 
     the administration of the functions.

     SEC. 205. REORGANIZATION.

       The Secretary is authorized to allocate or reallocate any 
     function transferred under section 202 among the officers of 
     the Department of the Interior, and to establish, 
     consolidate, alter, or discontinue such organizational 
     entities in the Department of the Interior as the Secretary 
     determines to be necessary or appropriate.

     SEC. 206. RULES.

       The Secretary is authorized to prescribe, in accordance 
     with the provisions of chapters 5 and 6 of title 5, United 
     States Code, such rules and regulations as the Secretary 
     determines to be necessary or appropriate to administer and 
     manage the functions of the Department of the Interior.

     SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND 
                   PERSONNEL.

       (a) In General.--Except as otherwise provided in this 
     title, the personnel employed in connection with, and 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 in accordance 
     with section 3503 of title 5, United States Code.
       (b) Unexpended Funds.--Unexpended funds transferred 
     pursuant to this section shall be used only for the purposes 
     for which the funds were originally authorized and 
     appropriated.

     SEC. 208. INCIDENTAL TRANSFERS.

       The Secretary is authorized to make such determinations as 
     may be necessary to accept the functions transferred by this 
     title, and to make such additional incidental dispositions of 
     personnel, assets, liabilities, grants, contracts, property, 
     records, and unexpended balances of appropriations, 
     authorizations, allocations, and other funds held, used, 
     arising from, available to, or to be made available in 
     connection with such functions, as may be necessary to carry 
     out the provisions of this title.

     SEC. 209. EFFECT ON PERSONNEL.

       (a) In General.--Except as otherwise provided by this 
     title, the transfer pursuant to this title of full-time 
     personnel (except special Government employees) and part-time 
     personnel holding permanent positions shall not cause any 
     such employee to be separated or reduced in grade or 
     compensation for 1 year after the date of transfer of the 
     employee under this title.
       (b) Executive Schedule Positions.--Except as otherwise 
     provided in this title, any person who, on the day preceding 
     the effective date of this title, held a position compensated 
     in accordance with the Executive Schedule prescribed in 
     chapter 53 of title 5, United States Code, and who, without a 
     break in service, is appointed in the Department of the 
     Interior to a position having duties comparable to the duties 
     performed immediately preceding such appointment shall 
     continue to be compensated in such new position at not less 
     than the rate provided for such previous position, for the 
     duration of the service of such person in such new position.
       (c) Termination of Certain Positions.--Positions whose 
     incumbents are appointed by the President, by and with the 
     advice and consent of the Senate, the functions of which are 
     transferred by this title, shall terminate on the effective 
     date of this title.

     SEC. 210. SEPARABILITY.

       If a provision of this title or the application of this 
     title to any person or circumstance is held invalid, neither 
     the remainder of this title nor the application of the 
     provision to other persons or circumstances shall be 
     affected.

     SEC. 211. TRANSITION.

       The Secretary is authorized to use--
       (1) the services of such officers, employees, and other 
     personnel of the Office with respect to functions transferred 
     to the Department of the Interior by this title; and
       (2) funds appropriated to such functions for such period of 
     time as may reasonably be needed to facilitate the orderly 
     implementation of this title.

     SEC. 212. REPORTS.

       (a) Fiscal Years 2007 and 2008.--For each of fiscal years 
     2007 and 2008, the Commissioner of the Office, in 
     consultation with the Navajo and Hopi Indian tribes, shall 
     submit to Congress a report describing--
       (1) the status of the Office;
       (2) any progress made during the preceding year in 
     transferring functions, appropriations, and personnel under 
     this title;
       (3) any progress made toward, or obstacle relating to, 
     completing the relocation process under the Act of December 
     22, 1974 (25 U.S.C. 640d et seq.) (as amended by title I);
       (4) the status of the grazing management program on the 
     area commonly known as the ``New Lands'' of the Navajo Tribe; 
     and
       (5) the needs of the Navajo and Hopi Indian tribes to 
     address the affect of relocation activity, if any, including 
     a financial estimate relating to the needs.
       (b) Subsequent Fiscal Years.--Not later than 1 year after 
     the effective date of this title, and annually thereafter, 
     the Secretary, in consultation with the Navajo and Hopi 
     Indian tribes, shall submit to Congress a report described in 
     subsection (a).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2007 through 2009.

     SEC. 213. REFERENCES.

       Any reference in a Federal law, Executive order, rule, 
     regulation, delegation of authority, or document relating 
     to--
       (1) the Commissioner of the Office, with respect to 
     functions transferred under this title, shall be deemed to be 
     a reference to the Secretary; and
       (2) the Office, with respect to functions transferred under 
     this title, shall be deemed to be a reference to the 
     Department of the Interior.

     SEC. 214. ADDITIONAL CONFORMING AMENDMENT.

       Section 5315 of title 5, United States Code, is amended by 
     striking the item relating to the Commissioner of the Office.

     SEC. 215. EFFECT OF TITLE.

       (a) Continuing Effect of Legal Documents.--Any legal 
     document relating to a function transferred by this title 
     that is in effect on the effective date of this title shall 
     continue in effect in accordance with the terms of the 
     document until the document is modified or terminated by--
       (1) the President;
       (2) the Secretary;
       (3) a court of competent jurisdiction; or
       (4) operation of Federal or State law.
       (b) Proceedings Not Affected.--This title shall not affect 
     any proceeding (including a notice of proposed rulemaking, an 
     administrative proceeding, and an application for a license, 
     permit, certificate, or financial assistance) relating to a 
     function transferred under this title that is pending before 
     the Office of Navajo and Hopi Relocation on the effective 
     date of this title.

     SEC. 216. EFFECTIVE DATE.

       This title takes effect beginning September 30, 2008.

    TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION

     SEC. 301. SEPARATION PAY.

       The Office of Navajo and Hopi Relocation (referred to in 
     this title as the ``Office'') may request funding for, and 
     offer to any employee of the Office, voluntary separation 
     incentive payments in accordance with subchapter II of 
     chapter 35 of title 5, United States Code.

     SEC. 302. FEDERAL RETIREMENT.

       The Office may request funding for, and offer to any 
     employee of the Office, voluntary early retirement in 
     accordance with sections 8336(d)(2) and 8414(b)(1) of title 
     5, United States Code.

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