[Senate Report 109-206]
[From the U.S. Government Publishing Office]
Calendar No. 324
109th Congress Report
SENATE
1st Session 109-206
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AMENDING THE ACT OF DECEMBER 22, 1974, AND FOR OTHER PURPOSES
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December 12, 2005.--Ordered to be printed
_______
Mr. McCain, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 1003]
The Committee on Indian Affairs, to which was referred the
bill, S. 1003, to amend the Act of December 22, 1974, as
amended, and for other purposes, having considered the same,
reports favorably thereon and recommends that the bill do pass.
Purpose
The purpose of S. 1003 is to amend P.L. 93-5311,\1\ the
Navajo and Hopi Indian Land Settlement Act, to complete the
relocation program and to phase out the Office of the Navajo
and Hopi Indian Relocation by September 30, 2008.
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\1\ 25 U.S.C. Sec. 640d et seq., as amended.
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Background
The Navajo and Hopi Indian Land Settlement Act was enacted
on December 22, 1974 (hereafter, ``the 1974 Act''). The Act was
intended to facilitate a settlement of all of the rights and
interests of the Navajo and Hopi Tribes in lands known as the
1882 Executive Order Reservation and the 1934 Navajo
Reservation. The Act was subsequently amended in 1980 (P.L. 96-
305), 1988 (P.L. 100-166), 1991 (P.L. 102-180) and 1995 (P.L.
104-15).
The necessity for the 1974 Act arose out of an Executive
Order signed by President Chester Arthur on December 16, 1882
and two Acts of Congress enacted on June 14,\2\ and June 18,\3\
1934. The 1882 Executive Order set aside approximately 2.5
million acres of land for the Hopi and ``such other Indians as
the Secretary of the Interior may see fit to settle thereon.''
The 1934 Act established the exterior boundaries of the Navajo
Nation and set aside the lands within the reservation for the
Navajos and ``such other Indians as may already be located
thereon.''
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\2\ 48 Stat. 960.
\3\ 48 Stat. 984.
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At the time of the 1882 Executive Order a small but
indeterminate number of Navajos resided on portion of the
reserved lands. At the time of the 1934 enactments, Hopi and
other Indians, including the San Juan Southern Paiutes,
occupied the lands reserved as part of the Navajo reservation.
Most of the Hopi residents of the 1934 Reservation were located
in the Village of Moencopi near Tuba City, Arizona. Throughout
the 1890s and up to the present, the Hopi and Navajo Tribes
have disputed the right to title and occupancy of lands in both
reservations based on the 1882 Executive Order and the 1934
Acts of Congress.
The land disputes intensified in the 1940s as a result of
action taken by the Secretary of the Interior pursuant to the
Indian Reorganization Act \4\ to establish grazing management
districts on the two reservations for livestock control and to
improve range management and soil conservation. Twenty-one
districts were established in the early 1940s. District Six,
comprised of about 631,000 acres, was identified as an
exclusive Hopi district located in the south-central portion of
the 1882 Reservation. All remaining districts were assigned to
the Navajo Tribe.
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\4\ 25 U.S.C. Sec. 461 et seq.
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The Hopi Tribe vigorously protested the establishment of
District Six. Due to increasing tensions between the two
tribes, the Congress passed the Navajo and Hopi Rehabilitation
Act in 1950 (P.L. 85-740).\5\ The Act was intended to promote
cooperation between the tribes by providing federal funding for
the construction of infrastructure including roads, hospitals,
irrigation, radio and telephone communications. The Act
authorized funds for the development of off-reservation
employment opportunities for members of both tribes and for the
continuing relocation of Navajos and Hopis to the Colorado
River Indian Reservation.
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\5\ 25 U.S.C. Sec. 631 et seq.
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By 1957, all hope for cooperation and a mutual resolution
of the underlying land disputes had evaporated. The Hopi Tribe
sought legislation from Congress authorizing both tribes to sue
one another to quiet title to the 1882 Reservation. On July 22,
1958, P.L. 85-547 (72 Stat. 403) was enacted to authorize a
suit in the Arizona Federal District Court `` . . . for the
purpose of determining the rights and interests of [each tribe]
in and to [the 1882 Reservation] and quieting title thereto in
the tribes . . . establishing such claims . . . as may be just
and fair in law and equity.'' On August 1, 1958, the Hopi
Tribes sued the Navajo Tribe under the authority of P.L. 85-
547.
Four years later, the court ruled that the Hopi Tribe had
the exclusive right to District Six and that both tribes had
joint and equal rights to the surface and subsurface of the
remainder of the 1882 Reservation. Healing v. Jones, 210 F.
Supp 125 (D. Az. 1962), aff'd 373 U.S. 758 (1963). The area
outside of District Six became known as the Joint Use Area
(JUA). Throughout the 1960s and into the early 1970s the Hopi
Tribe sought assistance from the Department of the Interior to
gain joint and equal use of the JUA. All efforts by the
Secretary to negotiate implementation of the Healing decision
proved futile.
In the early 1970s, the Hopi Tribe had several favorable
Federal Court decisions which led to the enactment of the 1974
Act. In Hamilton v. Nakai, 453 F.2d 152 (9th Cir. 1971) the
Appellate Court reversed the District Court's denial of a Hopi
petition for a Writ of Assistance to compel the Navajo Tribe to
reduce its livestock in the JUA to enable Hopi to have access
to the lands and to prevent further overgrazing. The Appellate
Court ruled that the District Court had jurisdiction to enter
an order in aid of its decision in Healing, even though the
Congress had not expressly provided that authority to the Court
in P.L. 85-547.
In 1972, the United States brought suit on behalf of the
Hopi Tribe to evict sixteen Navajos who were residing in
District Six. United States v. Kabinto, 456 F.2d 1087 (9th Cir.
1972). The Appeals Court held that the Healing decision
effectively extinguished any claim that the Navajo Tribe may
have had to aboriginal title in District Six and that no
compensation was due to the tribe. All Navajos residing in
District Six were subsequently evicted.
On March 13, 1970, the Hopi Tribe petitioned the District
Court for a Writ of Compliance to compel the Navajo Tribe to
share jointly with it in the surface and subsurface interests
of the 1882 Reservation outside of District Six. The petition
was denied. In 1974, the Court of Appeals reversed the District
Court's ruling. Hamilton v. MacDonald, 503 F.2d 1138 (9th Cir.
1975). The District Court subsequently imposed a freeze on any
new construction by Navajos in the JUA and ordered the
reduction of livestock herds managed by the Navajos in the JUA.
THE 1974 ACT
P.L. 93-531 was enacted to promote a comprehensive
settlement of the land dispute between the Navajo and Hopi
Tribes in the 1882 Reservation and the 1934 Reservation. The
major provisions of the Act authorize:
The establishment of Navajo and Hopi
negotiating teams under the auspices of a federal
mediator for settlement of the 1882 Reservation dispute
through partition and land exchanges within a six month
period from the date of enactment;
Court ordered partition of the 1882
Reservation based on the mediator's recommendations in
the event that the tribal negotiations did not succeed
with the prescribed time period;
Relocation of Navajo and Hopi individuals
residing on lands partitioned to the tribe of which
they were not a member, with provisions to reduce the
hardship of relocation to the degree possible;
The establishment of a three-member
commission in the Department of the Interior to
administer the relocation program;
Authority for the purchase of 250,000 acres
of Bureau of Land Management lands by the Navajos for
the purposes of relocation;
A livestock reduction program; and
Authority for both tribes to sue each other
and the United States for damages arising out of the
disputes.
In 1972 and 1973, several bills to settle the land disputes
were introduced in the Congress prior to enactment of P.L. 93-
531. Several hearings were held on competing bills in the House
and Senate. Many of these bills included relocation provisions.
A common estimate of cost for relocation was in the $40 million
range. As many as 6,000 Navajos were estimated as eligible for
relocation. In 1977, after failed negotiations, the mediator
estimated that adopting hisrecommended partition line would
result in the relocation of approximately 3,495 Navajos.
The Act intended that the relocation program would be
complete five years after the Relocation Commission filed its
plan, or on or about July 7, 1986. However, problems in
implementing the Act arose and it became necessary for Congress
to amend the Act several times. In 1980, P.L. 96-305 was
enacted to amend the provisions on new land selections by the
Navajo Tribe. These amendments were required due to
overwhelming non-Indian resistance to the Navajo Nation's
selection of about 250,000 acres of BLM lands in the Arizona
``strip'' in the late 1970's pursuant to the original Act. The
1980 amendments authorized transferring up to 250,000 acres of
federal land to the Navajo Nation and the acquisition of
150,000 acres through purchase. Not more than 35,000 acres of
lands acquired by transfer were authorized to be selected in
New Mexico. The 1980 amendments also authorized the Relocation
Commission to grant life estates to certain Navajos residing on
the 1882 Reservation partitioned to the Hopi Tribe.
In 1988, Congress amended the Act again. P.L. 100-666
abolished the three-member Relocation Commissioner and
established in its place the Office of Navajo and Hopi Indian
Relocation as an Independent Agency of the Executive Branch
under the authority of a single Commissioner.
A 1988 amendment to the Act authorized not more than $10
million for fiscal years 1990 to 1995 to go into a trust fund
for the ``rehabilitation and improvement of the economic,
educational and social condition of families and Navajo
communities'' affected by the Healing case, relocation, or the
District Six grazing area. The amendment provided that income
derived by the Navajo Tribe from surface and minerals rights
acquired from authorized land purchases would reimburse the
U.S. Treasury for amounts appropriated to the Fund. The
Rehabilitation Trust Fund is to be administered by the Navajo
Tribe under a ``conceptual framework'' approved by the
Secretary of the Interior.
In 1991, Congress amended the Act again to extend the
authorization for the provision of relocation benefits until
the end of fiscal year 1995. P.L. 102-180. In 1995, Congress
extended the authorization through the end of fiscal year 1997.
P.L. 104-15.
THE NAVAJO AND HOPI SETTLEMENT ACT AMENDMENTS OF 2005
S. 1003 amends P.L. 93-531, as amended, to provide for the
termination of the Office of Navajo and Hopi Indian Relocation
[hereafter ``ONHIR''] by September 30, 2008. At that time, any
remaining responsibilities under the Act are transferred to the
Interior Secretary. ONHIR shall transfer to the Secretary the
remaining personnel and funds to provide relocation benefits to
remaining eligible individuals who have not received their
benefits by September 30, 2008. The funds will be held in trust
by the Secretary for distribution to such individuals or their
heirs. The bill also establishes an expedited appellate
procedure for final eligibility determinations.
As noted above, the Office of Navajo and Hopi Indian
Relocation was established by Public Law 100-666. The Act
authorized ONHIR to make eligibility determinations and to hear
appeals of those denied eligibility. Appeals of ineligibility
decisions may be brought in federal court within 6 years of
ONHIR's final decision. Congress originally imposed a July 1985
deadline for Navajos and Hopis to apply for relocation benefits
through the ONHIR. A court order postponed that deadline to
July 7, 1986.
To be eligible for relocation benefits, an applicant (1)
must have been a legal resident of the disputed land on
December 22, 1974 and (2) must be the head of the household
before July 7, 1986. Death or divorce from an original ``head
of household'' could provide an exception to the criteria.
Those found eligible are assigned a counselor to help them
determine an area of relocation (on or off the reservation),
acquire a home site, purchase an existing home or build a new
one. Once relocated, the family is provided financial and other
assistance to adjust to their new surroundings. At its
inception, ONHIR employed 108 employees to carry out these
responsibilities.
By 1985, ONHIR had certified 1,276 individuals as eligible
for relocation benefits. By 1994, that number increased to
3,302. As of May 1996 a total of 4,432 heads of household from
both tribes had applied for relocation benefits. Of those
certified, 26 were enrolled in the Hopi Tribe and 3,258 were
enrolled in the Navajo Tribe. Of the Navajos who were
certified, 2,617 households had received their benefits and 641
were still awaiting their relocation benefits. By April 1996,
the cost for the relocation program was $319 million.
In the 104th Congress, S. 2111 was introduced to phase-out
the relocation program by September 2001. A hearing was held on
the bill and many of the witnesses testified that the program
could come to a close by 2001. Nonetheless, opposition to final
passage remained due to pending approval by the Department of
the Interior of the Accommodation Lease Agreement that provided
for Navajo families to remain on portions of the Hopi
Partitioned Land with the consent of the Hopi Tribe.
The Committee believes that the ONHIR has consistently made
best efforts to make relocation services available to all
eligible Navajos and Hopis. Despite the July 1986 deadline for
application and ONHIR's efforts, however, by 1996, an estimated
50-100 individuals who were likely eligible for relocation
benefits had not yet applied for such benefits. By March 2005,
the ONHIR estimated that approximately 50 such individuals had
not applied for relocation benefits. Nonetheless, by March,
2005, ONHIR had certified a total of 3,626 individuals as
eligible for relocation benefits and documented 6 active
pending appeals challenging a finding of ineligibility for
relocation services. The Committee believes that ample notice
to eligible individuals about the relocation program and the
process for application has occurred over the last 30 years.
The Committee is also aware that actual funding for
settlement activity has far exceeded the original cost estimate
of $40 million. By June 2005, expenditures of ONHIR were
estimated at approximately $480 million. Contributing to this
is the continuing increase in cost to provide replacement home
benefits over the last 30 years. These costs rose from $17,000
to $25,000 in 1974, $55,000 in 1985, and to $114,000 in 2005.
During the operation of the relocation program, the average
cost per home or move has steadily increased and continues to
increase exponentially.
Title I, Amendments to the Act of December 22, 1974
To accomplish the intent of S. 1003, existing Sections of
the Act are redesignated and seven sections of the Act are
repealed, including Sections 1 through 5. These sections
provide for the authority of the mediator, the tribal
negotiating teams and the Arizona Federal District Court for
the partition of the JUA. The authorities conferred by these
Sections have been fully discharged. Similarly, Section 13,
relating to the preparation and filing of reports to the
Congress by the Commissioner is repealed. The mandated reports
have been filed and no further reports are necessary.
Section 6 which provides guidelines for use by the mediator
and the court for partitioning the 1882 Reservation would be
partially repealed as this authority has been discharged.
Section 8 is amended by repealing paragraph (f) relating to
the payment of legal fees for the San Juan Southern Paiute
Tribe. This paragraph was added by P.L. 100-166 in 1988 and has
since been discharged by the subsequent federal recognition by
the Secretary of the Interior of the San Juan Southern Paiute
Tribe.
Section 10 is amended by striking any reference to life
estates. This amendment has the effect of conforming the
amended Act to reflect the repeal of Section 30.
Section 11 is amended to terminate the Commissioner's
authority to select new lands for the Navajo Nation on
September 30, 2006. Under the Act, the Commissioner's authority
to select lands continues until the land selection is complete
or until the President determines that the functions of the
ONHIR have been fully discharged pursuant to Section 12 of the
Act. To phase-out the ONHIR in an orderly fashion, termination
of the Commissioner's land selection authority by a date
certain is required. The Committee notes that although the
Navajo Nation has previously selected the acreage available by
the Act in New Mexico, it still may select up to another 13,000
acres for purchase in Arizona. The tribe may also request that
the Commissioner request that the lands be taken into trust to
complete all of the selections of land authorized by the 1980
amendments to the Act. P.L. 96-305.
Section 12 is amended to terminate the Office of Navajo and
Hopi Indian Relocation on September 30, 2008, rather than at
the discretion of the President. The Committee believes that it
is important to set a date certain to facilitate the orderly
implementation of the Act.
Section 12 is further amended to provide for the transfer
of all remaining responsibilities, funds and personnel of
ONHIR, effective October 1, 2006, to an Office of Relocation
within the Office of the Department of the Interior. This
earlier date authorizes the Secretary to prepare for assumption
of this responsibility and to permit the smooth transition of
ONHIR personnel and resources prior to the closure of ONHIR.
Thereafter, the Secretary is authorized to implement the final
disposition of the relocation program and to terminate the
Office once these responsibilities are complete. In
establishing an Office with the Interior Department,
theCommittee is aware that a potential for conflict of interest in the
Bureau of Indian Affairs [hereafter ``BIA''] in administering any
aspect of P.L. 93-531. The Committee's expects that the Office of
Relocation be sufficiently removed from the day-to-day business of the
BIA to avoid such conflicts of interest.
The Committee is aware that the Interior Department is
concerned about taking on additional responsibilities. The
Committee believes that the responsibilities to be transferred
by September 2008 will be minimal. Moreover, it is not intended
to be permanent. The ONHIR continues to implement its
responsibilities at a reasonable pace. Indeed, the ONHIR has
informed the Committee that as of March 2005, approximately 130
families remained to be relocated. ONHIR reports anticipating
that of the 130 families, 50 will be relocated during fiscal
year 2005 and that 65 families will be relocated in fiscal year
2006. Further, the ONHIR anticipates closing approximately 15
inactive cases. Therefore, the responsibilities to be assumed
by the Secretary are minimal but necessary to bring to finality
this temporary program.
Section 14 is amended in paragraph (a) to delete a
reference to the filing of the relocation program plan and the
completion of the program within five years from the date the
plan was to take effect. Although the original Relocation
Commission filed the required plan on July 7, 1981, completing
the relocation program by 1986 proved futile. A number of
factors contributed to the slow pace of the relocation program,
including an extremely low estimate by the BIA of approximately
1000 households to be relocated, resistance to Navajo land
selections, delays in administration of the National Historic
Preservation Act and the Archaeological Resources Protection
Act as they apply to the activities of the relocation program,
uncertainties associated with efforts to redraw the original
partition line in the 1882 Reservation and numerous court
challenges to the Act and its administration by either the
Commission or the Interior Secretary. The amendments to
paragraph (a) reflect the reality of these delays and otherwise
conform the Act to the amendments contained in this
legislation.
Section 14 is further amended to add a new paragraph (d)
which prohibits the payment of any benefits under the Act to
any head of household who has not been certified eligible for
benefits by September 30, 2008. The Committee intends that the
seemingly never ending process of determining eligibility for
relocation benefits be completed by a certain date. As noted
earlier, individuals have had approximately 30 years in which
to apply for benefits or to appeal ineligibility claims. Other
provisions of the bill would establish procedures to ensure
adequate notice to any potentially eligible individuals, fair
review of their applications and prompt appeals of eligibility
denials.
Section 15 is amended by adding several new paragraphs. The
Committee is aware that there are many eligible relocatees who
long ago left the partitioned lands in an effort to comply with
the Act, but who may not have received their replacement homes
for various reasons. The new paragraph (e) in Section 15
ensures that these individuals receive the benefits for which
they have been certified as eligible. If a replacement home has
not been provided by the time that the ONHIR ceases to exist,
this provision provides a final opportunity for the eligible
head of household to receive a replacement home or for his or
her heirs to receive their pro-rata share of the replacement
home benefit in cash.
The new paragraph (e) requires the Commissioner of the
ONHIR to notify the Secretary of any eligible relocatees who
have left the lands partitioned to the tribe of which they are
not members, but whose circumstances have prevented ONHIR from
completing the replacement home process and who have not
received a replacement home by September 30, 2008. The
Commissioner would simultaneously transfer to the Secretary the
funds necessary to provide such homes. The Secretary will hold
the funds in trust for the benefit of each head of household
until such time as the head of household request the funds for
the acquisition of a replacement home. If no replacement home
has been selected by the head of household at the time of his
or her death, the Secretary will distribute the funds to his or
her adult heir. Such funds would no longer be held in trust. If
the heirs of the head of household are minors, the Secretary
would continue to hold their share of the funds in trust until
they attain the age of majority. The funds would then be
distributed to such heirs and cease to be held in trust.
A new paragraph (f) is also added to Section 15 which
requires the Commissioner to implement the provisions of 25
C.F.R. sections 700.138 and 700.139 commencing 180 days after
the date of enactment. This amendment is intended to ensure
timely completion of identifying, notifying and reaching
eligibility determinations for individuals who were residents
on July 7, 1986 of the 1882 Reservation lands partitioned to
the Hopi Tribe who have continuously resided there since that
date and who were also otherwise eligible for relocation
benefits. This amendment also clarifies the roles of the
Interior Secretary, the Commissioner and the United States
Attorney for the District of Arizona in the possible removal of
individuals from Hopi partitioned lands and the construction of
replacement homes for those individuals. The Commissioner's
authority to begin construction of replacement homes for such
individuals would cease after July 1, 2008. This provision
provides adequate time for the Commissioner to complete the
construction of homes prior to the September 30, 2008, ONHIR
closure.
Section 15 is further amended by adding a new paragraph (i)
to authorize the Commissioner to establish expedited procedures
for reaching final determinations after an appeal from a
decision of ineligibility for relocation benefits. As of May 1,
1996, the ONHIR had 115 active pending appeals. By March 2005,
ONHIR had 6 appeals, including active and inactive appeals.
These appeals of ineligibility would be processed under an
expedited procedure established by the Commissioner. The
Committee expects that other appeals may arise as a result of
the new paragraph (i) which requires the Commissioner to
provide notice to anyone who may have a right to an eligibility
determination who must file a request for such determination
within 180 days of the notice. A denial of eligibility arising
therefrom would be processed through the expedited appeals
process.
The Committee is aware that the Commissioner will be
operating on a tight time-line under this section. To the
extent that any of these amendments require that the
Commissioner publish new rules, the Committee anticipates that
the Commissioner will publish Interim Final Rules consistent
with the Administrative Procedures Act to permit public comment
on the rules while the amendments are being implemented and the
relocation program is being completed.
A new paragraph (j) is added to Section 15 to authorize the
Commissioner to contract for services and employ personnel in
order to complete the expedited eligibility determination and
appeals process. The Director of the Interior Department's
Office of Hearings and Appeals is authorized to make a
qualified hearing officer available to the Commissioner.
A new paragraph (k) is added to Section 15 to establish a
process for expedited judicial review of any final decision of
the ONHIR which results in a denial of relocation benefits.
Under this procedure, applicants who have been determined
ineligible would have 30 days from the date of such
determination to file an appeal in the Ninth Circuit United
States Court of Appeals. The Commissioner would then certify
the record to the Court and the Court would have 60 days from
the receipt of the certified record to complete its review of
the appeal. All decisions of the Court would be final with no
further appeal provided. Any determination of the Commissioner
which is supported by substantial evidence would be affirmed by
the Court. The Committee believes that, given the time that
individuals have had to apply for benefits, the estimated
number of bona fide eligible individuals that have not to date
applied and the current appeals pending, the expedited judicial
review will not have a significant impact on the Court or its
function.
Section 25 of the Act is amended in paragraph (a) to
provide an authorization for such sums as are necessary to
carry out the relocation program for fiscal years 2006, 2007
and 2008. Although ONHIR will cease to exist on September 30,
2008, the Committee has authorized funding through fiscal year
2008 to ensure that the Secretary has an authorization for such
funds as may be necessary to carry out its duties in that
fiscal year.
Section 25 is also amended by deleting the authority for
appropriations for the mediator, life estates and the
discretionary funds for the Commissioner. These funds are
supplemental and not required for the completion of the
relocation program. They do not conform to other provisions of
the Act as amended.
Section 27 is amended by repealing paragraph (c) providing
for construction of the Hopi High School and the Health Center.
This provision has been fully discharged.
Section 28 is amended by adding a new paragraph (c) to
require that the construction activities of the Commission be
undertaken in compliance with 16 U.S.C. Sec. Sec. 469a-1-469c.
Compliance with these sections ensures compliance with the
National Historic Preservation Act [NHPA] and the
Archaeological Resource Protection Act [ARPA]. One major cause
of delay in completing the relocation program has been the
lengthy process of completing the consultation required of the
ONHIR under NHPA and ARPA. Requiring compliance with sections
469a-1 through 469c will provide adequate protection for
protected property and resources while allowing the
Commissioner to expeditiously discharge its duties to
relocatees. The Committee expects that personnel experienced in
the protection of cultural resources will continue to be
employed with ONHIR to ensure full compliance with these
statutes. The Committee urges the ONHIR and the Secretary to
enter into a Memorandum of Understanding on how they will
implement any remaining duties affected by this section.
Section 30, relating to life estates is repealed. This
provision was added in the 1980 amendments but was never
implemented by its intended beneficiaries--the Navajos residing
on lands in the 1882 Reservation which had been partitioned to
the Hopi Tribe. Due to the uniqueNavajo culture, the ``life
estates'' were viewed as ``death estates,'' consequently, only one
eligible Navajo chose to consider the option to remain on lands
partitioned to the Hopi Tribe pursuant to this section.
Finally, throughout the Act, various technical and
correctional amendments are provided to ensure conformity and
ease of reference.
Title II, Personnel of the Office of Navajo and Hopi Indian Relocation
Title II of S. 1003 includes amendments to facilitate the
work of the ONHIR personnel while providing for their orderly
placement and retirement. At its inception, ONHIR employed 108
employees. As of May 1996, the Office employed 85 full-time and
2 temporary employees. As of March 2005, the ONHIR employed 49
individuals. Of these employees, approximately 10 will not be
entitled to immediate retirement or discontinued service by
September 2008. All remaining employees are immediately
eligible for retirement or discontinued service or will be by
September 2008. As ONHIR phases out its duty, the Commissioner
will require authority to exercise discretion and to provide
modest incentives to employees to effectively manage the
reduction in work force while simultaneously completing the
relocation program.
Section 5597 of Title 5 is amended to provide for voluntary
separation incentive payments to personnel of the ONHIR to
increase attrition. The Commissioner would be authorized to
restrict which positions may be eligible for such payments in
order to avoid the disruption of work. The incentive payments
would not be limited to severance pay levels.
Sections 8336, 8339, 8412 and 8415 of Title 5 is amended to
modify the retirement computations for employees who are
eligible for retirement under early or optional retirement
regulations. These amendments are intended to promote
reductions in ONHIR personnel without the need for adverse
action and to provide retirement benefits comparable to those
available to other agency federal employees who have the
opportunity to complete their service and retire.
A change would also be made in the annuity formula of the
Federal Employee Retirement System [FERS] for employees of
ONHIR to provide a comparable increased retirement for those
under this system. There is precedent for instituting such a
change in annuity computation, as was provided for certain
Indian Health Service and BIA employees in P.L. 96-135.
The Committee is aware that the Office of Personnel
Management opposes the provisions of Title II. Primarily, OPM
is concerned that the ONHIR employees should not receive
employment benefits that differ from any other federal
employee. The Committee recognizes that reductions in the
number of employees of ONHIR through attrition and outplacement
will likely be nominal by 2008. Budgetary impacts of the
proposed modifications to the annuity computation formulas are
therefore, negligible.
Title III, Transfer of Functions and Savings Provisions
Title III of S. 1003 includes amendments to permit a
seamless transition of relocation duties from the ONHIR to the
Interior Department. Included in this title are provisions to
ensure that all remaining functions, including assets,
liabilities, unexpended balances, authorizations and
appropriations are transferred to the Secretary and thereafter
such resources shall be used only for their intended purpose.
The Committee expects that the Secretary shall resolve all
remaining relocation responsibilities in a manner consistent
with existing ONHIR policy and procedure. In so doing, the
Secretary is authorized to rely on existing legal documents,
such as federal regulations and policies until such time as a
particular function is complete.
Legislative History
S. 1003 was introduced by Senator McCain on May 21, 2005
and the bill was referred to the Senate Committee on Indian
Affairs. On July 21, 2005, the Committee on Indian Affairs held
a hearing on S. 1003.
Committee Recommendation and Tabulation of Vote
In an open business meeting on October 27, 2005, the
Committee on Indian Affairs unanimously voted to order the bill
reported with the recommendation that the Senate pass the bill.
Section-by-Section Analysis
Section 1. Short Title. This section provides that the bill
may be cited as the ``Navajo and Hopi Settlement Act Amendments
of 2005.''
Section 101. Amendments to the Navajo and Hopi Settlement
Act. This section sets forth twenty-six amendments to the
Navajo and Hopi Settlement Act, as amended, as follows:
1. Seven sections are repealed: Section 1 (25 U.S.C.
Sec. 640d) providing for the appointment and duties of a
Mediator; Section 2 (25 U.S.C. Sec. 640d-1) establishing the
appointment and duties of the Navajo and Hopi negotiating
teams; Section 3 (25 U.S.C. Sec. 640-d) relating to
implementation of agreements reached by the negotiating teams;
Section 4 (25 U.S.C. Sec. 640d-3) establishing procedures to be
used by the Mediator and the Federal District Court should the
negotiating teams not reach agreement; Section 5 (25 U.S.C.
Sec. 640d-4) providing other recommendations by the Mediator
and the Federal District Court; Section 13 (25 U.S.C.
Sec. 640d-12) requiring the Commission to prepare and file
reports in the Congress; Section 30 (25 U.S.C. Sec. 640d-28)
providing life estates to Navajos residing on Hopi partitioned
lands.
2. By redesignating, partially repealing and amending
Section 6 (25 U.S.C. Sec. 640d-5) relating to the partition of
the Joint Use Area of the 1882 Reservation established by
Executive Order.
3. By deliniating a Definition Section as Section 1.
4. By redesignating the remaining Section 6 as Section 2.
5. By redesignating Section 7 (25 U.S.C.Sec. 640d-6) as
Section 3.
6. By redesignating Section 8 (25 U.S.C. Sec. 640d-7) as
Section 4 and by repealing subparagraph (f) which contained
provisions relating to the payment of legal fees for the San
Juan Southern Paiute Tribe prior to its Federal recognition.
7. By redesignating Section 9 (25 U.S.C. Sec. 640d-8) as
Section 5.
8. By redesignating Section 10 (25 U.S.C. Sec. 640d-9) as
Section 6.
9. By redesignating Section 11(a) (25 U.S.C. Sec. 640-
10(a)) as Section 7 and amending it to terminate the
Commissioner's authority to select lands for the Navajo Nation
on September 30, 2008, and to authorize the Commissioner to
make homesites available to extended family members of Navajos
who are deemed eligible for benefits to facilitate the
relocation process.
10. By redesignating Section 12 (25 U.S.C. Sec. 640d-11) as
Section 8. This section is amended to provide for: termination
of the ONHIR on September 30, 2008; the transfer of all
remaining responsibilities, personnel, funds and resources to
the Secretary of the Interior; to establish an Office of
Relocation in the Office of the Secretary which will remain
until all relocation functions are discharged.
11. By redesignating Section 13 (25 U.S.C. Sec. 640d-12) as
Section 9.
12. By redesignating Section 14 (25 U.S.C. Sec. 640d-13) as
Section 10 and deleting references in paragraph (a) requiring
the filing of a relocation plan and completing the relocation
program. A new paragraph (d) is added to prohibit payment of
benefits to any head of household not certified as eligible by
September 30, 2008.
13. By redesignating Section 15 (25 U.S.C. Sec. 640d-14) as
Section 11 and amending it to add a new paragraph (e) to
require the Commissioner to notify the Secretary by September
30, 2008, of any eligible relocatees who have left partitioned
lands but who have not received a replacement home and to
transfer the funds to do so. The Secretary is authorized to
hold such funds in trust for each head of household until the
head of household requests a replacement home. If the Secretary
holds the funds for head of household at the time of his or her
death, the funds shall be distributed to the heirs of the head
of household and shall no longer be held in trust.
This section of the Act is further amended by adding a new
paragraph (f) which directs the Commissioner to implement the
provisions of 25 C.F.R. Sec. 700.138 within 180 days after the
enactment of these amendments. Upon the expiration of all time
periods in 25 C.F.R. Sec. 700.138, the Commissioner shall
provide notice to the Secretary and United States Attorney for
the District of Arizona which are required by section 700.139.
At any time prior to July 1, 2008, the Commissioner is
authorized to construct a replacement home within 90 days of
receiving notice from the Secretary or the United States
Attorney, that the removal of a relocatee from the Hopi
partitioned lands is imminent.
This section of the Act is also amended by striking the
existing paragraph (g) and inserting in lieu thereof a new
paragraph (i) to authorize the Commissioner to establish an
expedited procedure for reaching final determination on any
appeal from denial of eligibility. The Commissioner must
provide a final notice, by mail and/or publication, to anyone
who may have a right to an eligibility determination within 30
days from enactment of the amendments and all requests for such
determinations must be filed within 180 days from the date of
notice.
A new paragraph (j) is added to this section to authorize
the Commissioner to contract for services and employ personnel
to provide eligibility determinations and appeals. Upon
request, the Director of the Office of Hearings and Appeals of
the Department of the Interior shall provide a hearing officer
to the Commissioner to assist in hearings to review
eligibility.
A new paragraph (k) is added to provide for a final and
expedited appeal of any final eligibility determination by the
Office of the Circuit Court of Appeals for the Ninth Circuit.
All appeals shall be filed within 30 days of final action by
ONHIR and the Court shall complete its review within 60 days
after receipt of the certified record from ONHIR. All such
appeals shall be reviewed on the basis of a certified record
and any denial of eligibility which is supported by substantial
evidence shall be affirmed.
14. By redesignating Section 16 (25 U.S.C. Sec. 640d-15) as
Section 12.
15. By redesignating Section 17 (25 U.S.C. Sec. 640d-16) as
Section 13.
16. By redesignating Section 18 (25 U.S.C. Sec. 640d-17) as
Section 14.
17. By redesignating Section 19 (25 U.S.C. Sec. 640d-18) as
Section 15.
18. By redesignating Section 20 (25 U.S.C. Sec. 640d-19) as
Section 16.
19. By redesignating Section 21 (25 U.S.C. Sec. 640d-20) as
Section 17.
20. By redesignating Section 22 (25 U.S.C. Sec. 640d-21) as
Section 18.
21. By redesignating Section 23 (25 U.S.C. Sec. 640d-22) as
Section 19.
22. By redesignating Section 24 (25 U.S.C. Sec. 640d-23) as
Section 20.
23. By redesignating Section 25 (25 U.S.C. Sec. 640d-24) as
Section 27. This section is further amended to provide
authorizations of appropriations for fiscal years 2006 through
2008.
24. By redesignating Section 27 (25 U.S.C. Sec. 640d-25) as
Section 21.
25. By redesignating Section 28 (25 U.S.C. Sec. 640d-26) as
Section 22.
26. By redesignating Section 29 (25 U.S.C. Sec. 640d-27) as
Section 23.
27. By redesignating Section 31 (25 U.S.C. Sec. 640d-29) as
Section 24.
28. By redesignating Section 32 (25 U.S.C. Sec. 640d-30) as
Section 25.
29. By redesignating the second designated Section 32 (25
U.S.C. Sec. 640-31) as Section 26.
Title II, Personnel of the Office of Navajo and Hopi Indian
Relocation. Section 201 contains six amendments to Title 5 of
the United States Code as follows:
1. By amending pargraph (b) of Section 3501 to exclude
employees of the ONHIR from reduction-in-force regulations.
2. By amending Section 5597 to include employees of the
ONHIR in the provisions for voluntary and separation incentive
pay.
3. By amending Section 8336 to include employees of the
ONHIR in subparagraph (1) to make them eligible for early or
optional retirement programs.
4. By amending Section 8336 to modify the retirement
computations for those employees of the ONHIR who can retire
under early or optional retirement regulations.
5. By amending Section 8412 to include employees of the
ONHIR in the annuity provisions.
6. By amending Section 8415 to modify the annuity
computations for employees of the ONHIR who are eligible for
annuities.
Title III, Transfer of Functions and Savings Provisions.
This title provides the Secretary of the Interior with
necessary authority to receive funds, personnel and resources
from the ONHIR to implement its remaining responsibilities
until such time as those responsibilities are complete.
Cost and Budgetary Consideration
The cost estimate for S. 1003, as calculated by the
Congressional Budget Office is set forth below:
December 2, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1003, the Navajo-
Hopi Land Settlement Amendments of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1003--Navajo-Hopi Land Settlement Amendments of 2005
Summary: S. 1003 would amend the Navajo-Hopi Land
Settlement Act of 1974 to phase out the responsibilities of the
Office of Navajo and Hopi Indian Relocation (ONHIR) and close
that office at the end of fiscal year 2008. The remaining
duties of the ONHIR would be transferred to a new Office of
Relocation within the Department of the Interior. The bill also
would make technical changes to federal laws concerning the
Navajo-Hopi land settlement. Finally, the bill would amend
civil service laws regarding the personnel of ONHIR.
CBO estimates that enacting S. 1003 would have no
significant effect on direct spending or revenues. In addition,
we estimate that implementing S. 1003 would reduce
discretionary spending by $15 million over the 2009-2010 period
(relative to estimated baseline spending over that period),
assuming appropriations are reduced by the estimated amounts.
S. 1003 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would eliminate a provision that currently authorizes
assistance to the Navajo and Hopi Tribes for expenses
associated with the relocation process. It would impose no
other costs on state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1003 is shown in the following table.
The cost of this legislation falls within budget functions 450
(community development) and 800 (general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION \1\
ONHIR Spending Under Current Law: \2\
Estimated Authorization Level............................. 9 9 9 10 10
Estimated Outlays......................................... 9 9 9 10 10
Proposed Changes:
Spending for ONHIR:
Estimated Authorization Level......................... 0 0 0 -10 -10
Estimated Outlays..................................... 0 0 0 -9 -10
Spending for Office of Relocations:
Estimated Authorization Level......................... 0 * * 2 2
Estimated Outlays..................................... 0 * * 2 2
Separation Pay:
Estimated Authorization Level......................... 0 * * * *
Estimated Outlays..................................... 0 * * * *
ONHIR Spending Under S. 1003:
Estimated Authorization Level............................. 9 9 9 2 2
Estimated Outlays......................................... 9 9 9 3 2
----------------------------------------------------------------------------------------------------------------
\1\ Enacting S. 1003 also would increase direct spending by less than $500,000 a year over the 2006-2015 period.
\2\ Current law authorizes the appropriation of such sums as are necessary for fiscal years 2006 through 2008
for ONHIR.
CBO's baseline over that period is equal to the 2006 appropriation adjusted for anticipated inflation.
Notes: * = less than $500,000; components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted in fiscal year 2006 and that the necessary
amounts will be provided each year.
Spending subject to appropriation
CBO estimates that implementing S. 1003 would save $15
million over the 2006-2010 period--relative to CBO's baseline
projections--and assuming appropriations are reduced by the
estimated amounts.
Office of Navajo-Hopi Indian Relocation. S. 1003 would
phase out the activities of the ONHIR as authorized by the
Navajo-Hopi Land Settlement Act of 1974, terminate the office
on September 30, 2008, and transfer all remaining activities to
the Department of Interior (DOI). The bill would require ONHIR
to transfer all remaining funds for construction of replacement
homes to those who have not received a replacement home by
September 30, 2008. Based on the level of funding for 2006,
information from ONHIR, and adjusting for anticipated
inflation, CBO estimates that the termination of the office
would save about $19 million over the 2009-2010 period.
Office of Relocation. S. 1003 would establish an Office of
Relocation within DOI on October 1, 2006, to take over the
remaining duties and responsibilities of the ONHIR. This would
include final construction projects and funds held in trust for
future construction projects for individuals and future heirs.
Based on information from ONHIR, CBO estimates that the new
office would cost about $2 million annually over the 2009-2010
period.
Separation Pay. S. 1003 would establish a program to
provide separation pay for the employees of ONHIR over the
2007-2010 period during the phaseout of ONHIR and the transfer
of duties to DOI. Based on information from ONHIR, CBO expects
that this provision would not significantly affect federal
spending because less than 50 employees would qualify for such
payments.
Direct spending
Federal employees who were first hired before 1985 are
generally covered by the Civil Service Retirement System
(CSRS), while most other employees are covered by the Federal
Employees' Retirement System (FERS). S. 1003 would use a more-
generous formula to calculate retirement benefits for certain
workers employed by the Office of Navajo and Hopi Indian
Relocation.
About 50 employees currently work for the Office of Navajo
and Hopi Indian Relocation, and CBO expects almost all of those
workers would qualify for the higher benefits once they retire.
The higher accrual rate would boost annuities for workers by 10
percent to 20 percent. Because of the small number of employees
involved, CBO estimates that direct spending on CSRS and FERS
retirement benefits would increase, but by less than $500,000 a
year over the 2006-2015 period.
Intergovernmental and private-sector impact: S. 1003
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would eliminate a provision that
currently authorizes assistance to the Navajo and Hopi Tribes
for expenses associated with the relocation process. It would
impose no other costs on State, local, or tribal governments.
Estimate prepared by: Federal Costs: DOI Spending: Matthew
Pickford; Separation Pay: Ellen Hays; Civil Service Retirement:
Craig Meklir and Geoff Gerhardt.
Impact on State, Local, and Tribal Governments: Marjorie
Miller; Impact on the private sector: Selena Caldera.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory and paperwork impact that would be
incurred in carrying out the bill. The Committee concludes that
S. 1003 will reduce regulatory or paperwork requirements and
impacts.
Executive Communications
The Committee has not received written correspondence from
the Department of the Interior. However, the Department of the
Interior did provide written and oral testimony on the bill at
a Committee Hearing on July 21, 2005. The Committee received a
letter from the Office of Personnel Management regarding title
II of the bill. The letter is attached.
U.S. Office of Personnel Management,
Washington, DC, September 26, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Mr. Chairman: I am writing to offer the views of the
Office of Personnel Management (OPM) on S. 1003, the ``Navajo-
Hopi Land Settlement Amendments of 2005.''
This bill would amend prior statutory provisions intended
to provide the basis for settlement of longstanding territorial
disputes involving the Navajo Nation and the Hopi Tribe. In
1974, Public Law 93-531, the Navajo and Hopi Settlement Act,
established a Navajo and Hopi Indian Relocation Commission in
the Department of Interior. In 1988, Public Law 100-666
abolished the Commission and established in its place the
Office of Navajo and Hopi Indian Relocation (ONHIR) as an
independent agency within the executive branch. ONHIR was not
intended to be a permanent organization, and a one-time
authorization for providing relocation benefits would have
expired at the end of fiscal year 1997. The principal purpose
of the proposed amendments is to provide for the completion of
the relocation program, and termination of ONHIR by September
30, 2008. We take no position with regard to this central
aspect of the proposal.
In terms of human capital management, there is nothing that
sets ONHIR apart from numerous other temporary Government
entities. ONHIR was established as a temporary organization.
While its life has been extended, it will eventually terminate.
Its employees have always understood that their organization
would sunset. There is time for an orderly shutdown. Thus, no
basis exists to treat ONHIR in a manner different from other
temporary Government entities as to human resources policy.
However, Title II of the bill includes such provisions, related
to reduction in force, separation payments, and retirement. We
strongly oppose each of these provisions.
Section 201 would revise present 5 U.S.C. 3501(b) to
exclude employees of ONHIR from coverage under OPM's 5 CFR part
351 reduction in force regulations. The proposed language would
make employees of ONHIR subject to summary termination in a
reduction in force situation without regard to their retention
standing (including veterans' preference entitlements).
Section 202 would reference 5 U.S.C. 5597 (which covers
buyouts in the Department of Defense (DOD) and which was
supplemented by Public Law 108-136, DOD's 2003 legislation) in
authorizing ONHIR to pay buyouts to its employees through
December 31, 2009. Technically, this is confusing, since under
section 108 of the bill, ONHIR would cease to exist on December
31, 2008. Although the buyouts would be capped at $25,000, the
gross amount of a maximum buyout would decline to $20,000 in CY
2008, and then to $15,000 in CY 2009.
In determining both employees' eligibility for buyouts and
the computation of benefits, we believe the Office should
continue to be covered by the buyout provisions of section
1313(a) of the Homeland Security Act of 2002 (Public Law 107-
296), codified in 5 U.S.C. 3521 through 3525. We find no
justification for the Office to be granted its own buyout
authority or to depart from the buyout computation formula
included in 5 U.S.C. 3523(b)(3).
Section 203 would amend 5 U.S.C. 8336, 8339, 8412, and 8415
to provide preferential retirement eligibility and computation
provisions for employees of ONHIR. Under the Civil Service
Retirement System (CSRS), individuals would be permitted to
retire voluntarily at age 50 with 20 years of service, or at
any age with 25 years of service. This authority is unnecessary
since a voluntary early retirement authority could be provided
administratively under existing law, if necessary and
appropriate. If separated involuntarily, individuals would be
permitted to retire at age 48 with 18 years of service, or at
any age with 23 years of service. We object to this unwarranted
preferential benefit applicable to only a small class of
individuals whose situation is commonplace.
The normal CSRS annuity computation allows 1\1/2\ percent
for each of the first 5 years of service, 1\3/4\ percent for
each of the next 5 years of service, and 2 percent for each
year of service in excess of 10 years. Under this proposal, the
CSRS annuity of an individual would be computed under the
regular formula, except that service with ONHIR performed on
and after January 1, 1985, would be credited at 2\1/2\ percent
for the first 10 years of such service, and at 2 percent for
such service over 10 years. As with the involuntary separation
provision, we also object to this preferential benefit.
Under the Federal Employees Retirement System (FERS), ONHIR
employees would be permitted to retire voluntarily at age 50
with 20 years of service, or at any age with 25 years of
service. As with CSRS, this authority is unnecessary since a
voluntary early retirement authority could be provided
administratively under existing law.
The normal FERS annuity computation provides 1 percent for
each year of service (1.1 percent if the individual is at least
age 62 with 20 years of service at retirement). A limited
number of employees (such as law enforcement officers and
firefighters) are entitled to 1.7 percent for each of the first
20 years of service, and 1 percent for each year in excess of
20.
Under this proposal, FERS employees of ONHIR would have
their benefits computed under a uniquely liberal formula. ONHIR
service performed on and after January 1, 1985, would be
credited at 2 percent for the first 10 years of such service,
and at 1\1/2\ percent for such service over 10 years. There is
no rationale for why this small group should receive a more
liberal FERS computation than anyone else, including law
enforcement officers, firefighters, and Members of Congress.
Under both CSRS and FERS, the enhanced annuity computation
would not be limited to those persons who are involuntarily
separated. It would also be available to those who accept
voluntary early retirement or who have worked a full career and
would be eligible for regular optional retirement. It is not
logical to provide special retirement provisions that would
serve as an incentive to remain employed, while at the same
time providing for voluntary separation incentive payments to
induce early separations.
Throughout Government, organizations are changing, with
many employees not having the opportunity to complete their
careers. There is nothing unique about this situation that
would justify granting special annuity computation provisions
that are not available to other employees whose employment
terminate prior to completion of a full career. To provide such
an unfunded windfall to this small group would be
extraordinarily unfair to those other similarly situated
employees who would not be provided such generous treatment.
Moreover, not only are these provisions unjustified, there are
no provisions made for funding the added costs of the higher
annuities.
In summary, while we take no position on the majority of
the bill, we object to the Title II personnel provisions
related to ONHIR. The Office of Management and Budget advises
that there is no objection to the submission of this report
from the standpoint of the Administration's program.
Sincerely,
Dan G. Blair,
Deputy Director.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1003, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
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. Discretionary fund.
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.
[Sec. 640d-1
[(a) Within thirty days after December 22, 1974, the
Secretary shall communicate in writing with the tribal councils
of the tribes directing the appointment of a negotiating team
representing each tribe. Each negotiating team shall be
composed of not more than five members to be certified by
appropriate resolution of the respective tribal council. Each
tribal council shall promptly fill any vacancies which may
occur on its negotiating team. Notwithstanding any other
provision of law, each negotiating team, when appointed and
certified, shall have full authority to bind its tribe with
respect to any other matter concerning the joint use area
within the scope of this subchapter.
[(b) In the event either or both of the tribal councils
fail to select and certify a negotiating team within thirty
days after the Secretary communicates with the tribal council
under subsection (a) of this section or to select and certify a
replacement member within thirty days of the occurrence of a
vacancy, the provisions of section 640d-3(a) of this title
shall become effective.
[(c) Within fifteen days after formal certification of both
negotiating teams to the Mediator, the Mediator shall schedule
the first negotiating session at such time and place as he
deems appropriate. The negotiating sessions, which shall be
chaired by the Mediator, shall be held at such times and places
as the Mediator deems appropriate. At such sessions, the
Mediator may, if he deems it appropriate, put forward his own
suggestions for procedure, the agenda, and the resolution of
the issues in controversy.
[(d) In the event either negotiating team fails to attend
two consecutive sessions or, in the opinion of the Mediator,
either negotiating team fails to bargain in good faith or an
impasse is reached, the provisions of section 640d-3(a) of this
title shall become effective.
[(e) In the event of a disagreement within a negotiating
team the majority of the members of the team shall prevail and
act on behalf of the team unless the resolution of the tribal
council certifying the team specifically provides otherwise.
[Sec. 640d-2
[(a) If, within one hundred and eighty days after the first
session scheduled by the Mediator under section 640d-1(c) of
this title, full agreement is reached, such agreement shall be
put in such form as the Mediator determines best expresses the
intent of the tribes and shall then be submitted to the
Secretary and the Attorney General of the United States for
their comments as they relate to the interest of the United
States in the proceedings. These comments are to be submitted
to the Mediator and the negotiating teams within thirty days.
The negotiating teams and the Mediator shall then consider the
comments and, if agreement can still be reached on terms
acceptable to the negotiating teams and the Mediator within
sixty days of receipt by him of the comments, the agreement
shall be put in final written form and shall be signed by the
members of the negotiating teams and the Mediator. The Mediator
shall then cause the agreement to be entered into the records
of the supplemental proceedings in the Healing case. The
provisions of the agreement shall be reviewed by the District
Court, modified where necessary, and put into effect
immediately thereafter.
[(b) If, within the one hundred and eighty day period
referred to in subsection (a) of this section, a partial
agreement has been reached between the tribes and they wish
such partial agreement to go into effect, they shall follow the
procedure set forth in subsection (a) of this section. The
partial agreement shall then be considered by the Mediator in
preparing his report, and the District Court in making a final
adjudication, pursuant to section 640d-3 of this title.
[(c) For the purpose of this section, the negotiating teams
may make any provision in the agreement or partial agreement
not inconsistent with existing law. No such agreement or any
provision in it shall result in a taking by the United States
of private property compensable under the Fifth Amendment of
the Constitution of the United States.
[25 U.S.C. Sec. 640d-3
[If the negotiating teams fail to reach full agreement
within the time period allowed in section 640d-2(a) of this
title or if one or both of the tribes are in default under the
provisions of section 640d-1(b) or (d) of this title, the
Mediator, within ninety days thereafter, shall prepare and
submit to the District Court a report containing his
recommendations for the settlement of the interests and rights
set out in section 640d(a) of this title which shall be most
reasonable and equitable in light of the law and circumstances
and consistent with the provisions of this subchapter.
Following the District Court's review of the report and
recommendations (which are not binding thereon) and any further
proceedings which the District Court may schedule, the District
Court is authorized to make a final adjudication, including
partition of the joint use area, and enter the judgments in the
supplemental proceedings in the Healing case.
[25 U.S.C. Sec. 640d-4
[(a) For the purpose of facilitating an agreement pursuant
to section 640d-2 of this title or preparing a report pursuant
to section 640d-3 of this title, the Mediator is authorized--
[(1) notwithstanding the provisions of section 211 of
this title, to recommend that, subject to the consent
of the Secretary, there be purchased or otherwise
acquired additional lands for the benefit of either
tribe from the funds of either tribe or funds under any
other authority of law;
[(2) to recommend that, subject to the consent of the
Secretary, there be undertaken a program of restoration
of lands lying within the joint use area, employing for
such purpose funds authorized by this subchapter, funds
of either tribe, or funds under any other authority of
law;
[(3) to recommend that, subject to the consent of the
Secretary, there be undertaken a program for relocation
of members of one tribe from lands which may be
partitioned to the other tribe in the joint use area;
[(4) Repealed. Pub. L. 93-531, Sec. 30(a), as added
Pub. L. 96-305, Sec. 11, July 8, 1980, 94 Stat. 934.
[(5) to make any other recommendations as are in
conformity with this subchapter and the Healing case to
facilitate a settlement.
[(b) The authorization contained in subsection (a) of this
section shall be discretionary and shall not be construed to
represent any directive of the Congress.]
Sec. 640d-5.
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 of tribes.--If the partition under
paragraph (1) result 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 of federal government.--If the
District Court determines that the failure of the
Federal Government to fulfill an obligation of the
Government resulted in the decrease in 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.
[(g) Any]
(b) License Fees and Rents._Any claim the Hopi Tribe may
have against the Navajo Tribe for an accounting of all sums
collected by the Navajo Tribe since September 17, 1957, as
trader license fees or commissions, lease rental or proceeds,
or other similar charges for doing business or for damages in
the use of lands within the joint use area, shall be for a one-
half share in such sums.
[(h) Any] (c) Grazing and Agricultural Use._Any claim the
Hopi Tribe may have against the Navajo Tribe for the
determination and recovery of the fair value of the grazing and
agricultural use of the lands within the joint use area by the
Navajo Tribe and its individual members, since September 28,
1962, shall be for one-half of such value.
[Joint ownership and management of coal, oil, gas and other
minerals within or underlying partitioned lands; division of
proceeds]
Sec. 640d-6.
SEC. 3. JOINT OWNERSHIP OF MINERALS.
(a) In General.--Partition of the surface of the lands of
the Joint Use Area shall not affect the Joint ownership status
of the coal, oil, gas and all other minerals within or
underlying such lands.
(b) Joint Management.--All such coal, oil, gas and other
minerals within or underlying such lands shall be managed
jointly by the two tribes, subject to supervision and approval
by the Secretary as otherwise required by law, and the proceeds
therefrom shall be divided between the tribes, share and share
alike. [Determination of tribal rights and interests in land]
Sec. 640d-7.
SEC. 4. ACTIONS.
[(a) Actions in District Court._Either tribe acting through
the Chairman of its Tribal Council for and on behalf of the
tribe, is each hereby authorized to commence or defend in the
District Court an action Against the other tribe and any other
tribe of Indians claiming any interests in or to the area
described in the Act of June 14, 1934, Except the reservations
established by the Executive Or of December 16, 1882, for the
purpose of determining the rights and interests of the tribes
in and to such lands and quieting Title thereto in the tribes.
[(b) Lands, if any] (b) Allocation of Land._
(1) Navajo reservation._Any land in which the Navajo
Tribe or Navajo individuals are determined by the
District Court to have the exclusive interest shall
continue to be a part of the Navajo Reservation. [Lands
if any]
(2) Hopi reservation._Any land in which the Hopi
Tribe, including any Hopi Village or Clan thereof, or
Hopi individuals, are determined by the District Court
to have the exclusive interest shall thereafter be a
reservation for the Hopi Tribe.
(3) Joint and undivided interests._Any land in which
the Navajo and Hopi Tribes or Navajo or Hopi
Individuals are determined to have a joint or undivided
interest shall be partitioned by the District Court on
the Basis of fairness and equity and the area so
partitioned shall be retained in the Navajo Reservation
or added to the Hopi reservation, respectively.
[(c)(1) Either] (c) Exchange of Land._(1) In general._
Either as a part of or in a proceeding supplementary to the
action authorized in subsection (a) of this section, either
tribe, through the chairman of its tribal council for and on
behalf of the tribe, including all villages, clans, and
individual members thereof, may prosecute or defend an action
for the types of relief, including interest, specified in
[section 18] section 14 of this title, including all
subsections thereof, against the other tribe, through its
tribal chairman in a like representative capacity, and against
the United States as to the types of recovery specified in
subsection (a)(3) of [section 18] section 14 of this title and
subject to the same provisions as contained in said subsection,
such action to apply to the lands in issue in the reservation
established by the Act of June 14, 1934 (48 Stat. 960).
[(2) In the event] (2) Interests of tribes._If the Hopi
Tribe or Navajo Tribe is determined to have any interest in the
lands in issue, the right of either tribe to recover hereunder
shall be based upon that percentage of the total sums
collected, use made, waste committed, and other amounts of
recovery, which is equal to the percentage of lands in issue in
which either tribe is determined to have such interest.
[(3) Neither] (3) Defense._Neither laches nor the statute
of limitations shall constitute a defense to such proceedings
if they are either prosecuted as a part of the action
authorized by this section or in a proceeding supplemental
thereto, if instituted not later than 24 months following a
final order of partition and exhaustion of appeals in an action
filed pursuant to this section.
[(d) Nothing] (d) Effect of Section._Nothing in this
section shall be deemed to be a Congressional determination of
the merits of the conflicting claims to the lands that are
subject to adjudication pursuant to this section, or to affect
the liability of the United States, if any, under litigation
now pending before the Indian Claims Commission.
[(e) The] (e) Payment of Legal Fees, Court Costs, and Other
Expenses._The Secretary of the Interior is authorized to pay
any or all appropriate legal fees, court costs, and other
related expenses arising out of, or in connection with, the
commencing of, or defending against, any action brought by the
Navajo, San Juan Southern Paiute or Hopi Tribe under this
section.
[(f) * * *
[(1) Any funds made available for the San Juan
Souther Paiute Tribe to pay for attorney's fees shall
be paid directly to the tribe's attorneys of record
until such tribe is acknowledged as an Indian tribe by
the United States; Provided, That the tribe's
eligibility for such payments shall cease once a
decision by the Secretary of the Interior declining to
acknowledge such tribe becomes final and no longer
appealable.
[(2) Nothing in this subsection shall be interpreted
as a congressional acknowledgment of the San Juan
Southern Paiute as an Indian tribe or as affecting in
any way the San Juan Southern Paiute Tribe's Petition
for Recognition currently pending with the Secretary of
the Interior
[(3) There is hereby authorized to be appropriated
not to exceed $250,000 to pay for the legal expenses
incurred by the Southern Paiute Tribe on legal action
arising under this section prior to November 16, 1988]
Sec. 640d-8
[Sec. 9. Notwithstanding]
SEC. 5. PAIUTE INDIAN ALLOTMENTS.
Notwithstanding any other provision of this subchapter, the
Secretary is authorized to allot in severalty to individual
Paiute Indians, not now members of the Navajo Tribe, who are
located within the area described in the Act of June 14, 1934
(48 Stat. 960), and who were located within such area, or are
direct descendants of Paiute Indians who were located within
such area, on the date of such Act, land in quantities as
specified in section 331 of this title, and patents shall be
issued to them for such lands having the legal effect and
declaring that the United States holds such land in trust for
the sole use and benefit of each allottee and, following his
death, of his heirs according to the laws of the State of
Arizona.
Sec. 640d-9
[Sec. 10. (a) Subject]
SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND.
[(a) Lands to be held in trust for Navajo Tribe; exception]
(a) Navajo Trust Land._Subject to the provisions of
[section 9 and subsection (a) of section 17] sections 5 and
13(a) of this title, any lands partitioned to the Navajo Tribe
pursuant to sections 640d-2 and 640d-3 of this title and the
lands described in the Act of June 14, 1934 (48 Stat. 960),
except the lands as described in section 640d-7 of this title,
shall be held in trust by the United States exclusively for the
Navajo Tribe and as a part of the Navajo Reservation.
[(b)] (b) Hopi Trust Land._Subject to the provisions of
[section 9 and subsection 9(a) of section 17] sections 5 and
13(a) of this title, any lands partitioned to the Hopi Tribe
pursuant to [sections 3 or 4] section 2 of this title and the
lands as described in [section 8] section 4 of this title shall
be held in trust by the United States exclusively for the Hopi
Tribe and as a part of the Hopi Reservation.
[(c)] (c) Protection of Rights and Property._The Secretary
shall take such action as may be necessary in order to assure
the protection, until relocation, of the rights and property of
individuals subject to relocation pursuant to this subchapter,
or any judgment of partition pursuant to this Act.
[(d)] (d) Protection of Benefits and Services._With respect
to any individual subject to relocation, the Secretary shall
take such action as may be necessary to assure that such
individuals are not deprived of benefits or services by reason
of their status as an individual subject to relocation.
[(e)(1) Lands] (e) Tribal Jurisdiction Over Partitioned
Land._(1) In general._Land partitioned pursuant to this
subchapter, whether or not the partition order is subject to
appeal, shall be subject to the jurisdiction of the tribe to
whom partitioned and the laws of such tribe shall apply to such
partitioned lands under the following schedule:
(A) Effective 90 days after July 8, 1980, all
conservation practices, including grazing control and
range restoration activities, shall be coordinated and
executed with the concurrence of the tribe to whom the
particular lands in question have been partitioned, and
all such grazing and range restoration matters on the
Navajo Reservation lands shall be administered by the
Bureau of Indian Affairs Navajo Area Office and on the
Hopi Reservation lands by the Bureau of Indian Affairs
Phoenix Area Office, under applicable laws and
regulations.
(B) Notwithstanding any provision of law to the
contrary, each tribe shall have such jurisdiction and
authority over any lands partitioned to it and all
persons located thereon, not in conflict with the laws
and regulations referred to in paragraph (A) above, to
the same extent as is applicable to those other
portions of its reservation. Such jurisdiction and
authority over partitioned lands shall become effective
April 18, 1981. [The provisions]
(2) Responsibility of secretary._The provisions of this
subsection shall be subject to the responsibility of the
Secretary to protect the rights and property of [life tenants
and] persons awaiting relocation as provided in subsections (c)
and (d) of this section.
(f) Development of Lands in Litigation; Exception.--
(1) Any development of lands in litigation pursuant
to section 640d-7 of this title and further defined as
``that portion of the Navajo Reservation lying west of
the Executive Order Reservation of 1882 and bounded on
the north and south by westerly extensions, to the
reservation line, of the northern and southern
boundaries of said Executive Order Reservation,'' shall
be carried out only upon the written consent of each
tribe except for the limited areas around the village
of Moenkopi and around Tuba City. Each such area has
been heretofore designated by the Secretary.
``Development'' as used herein shall mean any new
construction or improvement to the property and further
includes public work projects, power and water lines,
public agency improvements, and associated rights-of-
way.
(2) Each Indian tribe which receives a written
request for the consent of the Indian tribe to a
particular improvement, construction, or other
development on the lands to which paragraph (1) applies
shall respond in writing to such request by no later
than the date that is 30 days after the date on which
the Indian tribe receives the request. If the Indian
tribe refuse to consent to the improvement,
construction, or other development, the response shall
include the reasons why consent is being refused.
(3)(A) Paragraph (1) shall not apply to any
improvement, construction, or other development if--
(I) such improvement, construction, or
development does not involve new housing
construction, and
(ii) after the Navajo Tribe or Hopi
Tribe has refused to consent to such
improvement, construction, or
development (or after the close of the
30-day period described in paragraph
(2), if the Indian tribe does not
respond within such period in writing
to a written request for such consent),
the Secretary of the Interior
determines that such improvement,
construction, or development is
necessary for the health or safety of
the Navajo Tribe, the Hopi Tribe, or
any individual who is a member of
either tribe.
(B) If a written request for a determination
described in subparagraph (A)(ii) is submitted to the
Secretary of the Interior after the Navajo Tribe or
Hopi Tribe has refused to consent to any improvement,
construction, or development (or after the close of the
30-day period described in paragraph (2), if the Indian
tribe does not respond within such period in writing to
a written request for such consent), the Secretary
shall, by no later than the date that is 45 days after
the date on which such request is submitted to the
Secretary, determine whether such improvement,
construction, or development is necessary for the
health or safety of the Navajo Tribe, the Hopi Tribe,
or any individual who is a member of either Tribe.
(C) Any development that is undertaken pursuant to
this section shall be without prejudice to the rights
of the parties in the civil action pending before the
United States District Court for the District of
Arizona commenced pursuant to section 640d-7 of this
title, as amended.
Sec. 640d-10(a)
[Sec. 11. (a) The Secretary]
SEC. 7. RESETTLEMENT OF LAND FOR NAVAJO TRIBE.
(a) Transfer of Land.--(1) In general.--The Secretary is
authorized and directed to--
[(1) transfer not to exceed two hundred and fifty
thousands acres of lands] (A) transfer not more than
250,000 acres of land under the jurisdiction of the
Bureau of Land Management within the State of Arizona
and New Mexico to the Navajo [Tribe: Provided, That, in
order to facilitate such transfer, the Secretary is
authorized to exchange such lands for State or private
lands of equal value or, if they are not equal, the
values shall be equalized by the payment of money to
the grantor or to the Secretary as the circumstances
require so long as payment does not exceed 25 per
centum of the total value of the lands transferred out
of Federal ownership. The Secretary shall try to reduce
the payment to as small an amount as possible.] Tribe;
and
[(2) on behalf] (B) on behalf of the United States,
accept title to not to exceed one hundred and fifty
thousand acres of private lands acquired by the Navajo
Tribe. [Title thereto shall be taken in the name of the
United States in trust for the benefit of the Navajo
Tribe as a part of the Navajo Reservation.]
(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 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.
[Subject to the provisions of the following sentences of this
subsection, all rights,]
(4) Requirement of transfer.--
(A) In general.--Subject to this paragraph, all
rights, title and interests of the United States in the
lands described in [paragraph (1)] paragraph (1)(A),
including such interests the United States as lessor
has in such lands under the Mineral Leasing Act of
1920, as amended (30 U.S.C.A. Sec. 181 et seq.), will,
subject to existing leasehold interests, be transferred
without cost to the Navajo Tribe and title thereto
shall be taken by the United States in trust for the
benefit of the Navajo Tribe as a part of the Navajo
Reservation. [So long as]
(B) Coal lease applications.--
(i) In general.--If selected lands coincide
with pending noncompetitive coal lease
applications under the Mineral Leasing Act of
1920, as amended (30 U.S.C.A. Sec. 181 et
seq.), the Secretary may not transfer any
United States interests in such lands until the
noncompetitive coal lease applications have
been fully adjudicated. [If such adjudication]
(ii) Issuance of leases.--If an adjudication
under clause (i) results in issuance of Federal
coal leases to the applicants, such transfer
shall be subject to such leases.[The
leaseholders rights and interests]
(iii) Rights and interests of leaseholders.--
The rights and interests of a holder of a lease
described in clause (i) in such coal leases
will in no way be diminished by the transfer of
the rights, title and interests of the United
States in such lands to the Navajo Tribe. [If
any]
(C) Claims under mining law.--If any selected lands
are subject to valid claims located under the Mining
Law of 1872 the transfer of the selected lands may be
made subject to those claims.
[(2) Those]
(5) State rights.--
(A) In general.--The interests in lands acquired in
the State of New Mexico by the Navajo Tribe pursuant to
[subsection 2 of this section] paragraph (1)(B) shall
be subject to the right of the State of New Mexico to
receive the same value from any sales, bonuses,
rentals, royalties and interest charges from the
conveyance, sale, lease, development, and production of
coal as would have been received had the subsurface
interest in such lands remained with the United States
and been leased pursuant to the Mineral Lands Leasing
Act of 1920, as amended (30 U.S.C.A. Sec. 181 et seq.),
or any successor Act; or otherwise developed. [The]
(B) State interests.--The State's interest shall be
accounted for in the same manner as it would have been
if a lease had issued pursuant to the Mineral Lands
Leasing Act of 1920, as amended (30 U.S.C.A. Sec. 181
et seq.).
Sec. 640d-10(b)
[(b) A border] (b) Proximity of Land To Be Transferred or
Acquired.--A border of any parcel of land so transferred or
acquired shall be within eighteen miles of the present boundary
of the Navajo Reservation: Provided, That, except as limited by
subsection (g) of this section, Bureau of Land Management lands
anywhere within the States of Arizona and New Mexico may be
used for the purpose of exchanging for lands within eighteen
miles of the present boundary of the reservation.
Sec. 640d-10(c)
[(c) Lands] (c) Selection of Land To Be Transferred or
Acquired.--Land to be so transferred or acquired shall, for a
period of three years after July 8, 1980, be selected by the
Navajo Tribe after consultation with the Commissioner:
Provided, That, at the end of such period, the Commissioner
shall have the authority to select such lands after
consultation with the Navajo Tribe: Provided further, That not
to exceed thirty-five thousand acres of lands so transferred or
acquired shall be selected within the State of New Mexico[.] :
Provided further, That the authority of the Commissioner to
select lands under this subsection shall terminate on September
30, 2008.
Sec. 640d-10(d)
[(d) The] (d) Reports.--The Commissioner, in consultation
with the Secretary, shall within sixty days following the first
year of enactment of this subsection report to the House
Committee on Interior and Insular Affairs and the Senate Select
Committee on Indian Affairs, on the progress of the land
transfer program authorized in subsection (a) of this section.
Sixty days following the second year of enactment of this
subsection the Commissioner, in consultation with the
Secretary, shall submit a report to the House Committee on
Interior and Insular Affairs and the Senate Select Committee on
Indian Affairs giving the status of the land transfer program
authorized in subsection (a) of this section, making any
recommendations that the Commissioner deems necessary to
complete the land transfer program.
Sec. 640d-10(e)
[(e) Payments] (e) Payments.--Payments being made to any
State or local government pursuant to the provisions of chapter
69 of Title 31, on any lands transferred pursuant to subsection
(a)(1) of this section shall continue to be paid as if such
transfer had not occurred.
Sec. 640d-10(f)
[(f)(1) For] (f) Acquisition of Title to Surface and
Subsurface Interests.--
(1) In general.--For a period of three years after
July 8, 1980, the Secretary shall not accept title to
lands acquired pursuant to subsection (a)(2) of this
section unless fee title to both surface and subsurface
has been acquired or the owner of the subsurface
interest consents to the acceptance of the surface
interest in trust by the Secretary. [(2) If]
(2) Public notice; Report.--If, ninety days prior to
the expiration of such three year period, the full
entitlement of private lands has not been acquired by
the Navajo Tribe and accepted by the Secretary in trust
for the Navajo Tribe under the restrictions of
paragraph (1) of this subsection, the Commissioner,
after public notice, shall, within thirty days, make a
report thereon to the House Committee on Interior and
Insular Affairs and the Senate Select Committee on
Indian Affairs.
[(3) In any case where] (3) Rights of subsurface
owners.--If the Secretary accepts, in trust, title to
the surface of lands acquired pursuant to subsection
(a)(2) of this section where the subsurface interest is
owned by third parties, the trust status of such
surface ownership and the inclusion of the land within
the Navajo Reservation shall not impair any existing
right of the subsurface owner to develop the subsurface
interest and to have access to the surface for the
purpose of such development.
Sec. 640d-10(g)
[(g) No] (g) Land Not Available for Transfer.--No public
lands lying north and west of the Colorado River in the State
of Arizona shall be available for transfer under this section.
Sec. 640d-10(h)
[(h) The lands] (h) Administration of Land Transferred or
Acquired.--
(1) In general.--The land transferred or acquired
pursuant to this section shall be administered by the
Commissioner until relocation under the Commission's
[FN4] plan is complete and such lands shall be used
solely for the benefit of Navajo families residing on
Hopi-partitioned lands as of December 22, 1974:
Provided, That the sole authority for final planning
decisions regarding the development of lands acquired
pursuant to this subchapter shall rest with the
Commissioner until such time as the Commissioner has
discharged his statutory responsibility under this
subchapter.
(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 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).
Sec. 640d-10(i)
[(i) The] (i) Negotiations Regarding Land Exchanges and
Leases.--The Commissioner shall have authority to enter into
negotiations with the Navajo and Hopi Tribes with a view to
arranging and carrying out land exchanges or leases, or both,
between such tribes; and lands which may be acquired or
transferred pursuant to this section may, with the approval of
the Commissioner, be included in any land exchange between the
tribes authorized under [section 23] section 19 of this title.
Sec. 640d-11
[Sec. 12. (a) There is hereby]
SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.
(a) Establishment.--There is established as an independent
entity in the executive branch the Office of Navajo and Hopi
Indian Relocation which shall be under the direction of the
Commissioner on Navajo and Hopi Relocation (hereinafter in this
subchapter referred to as the ``Commissioner'').
[The] (b) Appointment.--The Commissioner shall be appointed
by the President by and with the advice and consent of the
Senate.
(2) The term of office of the Commissioner shall be 2
years. An individual may be appointed Commissioner for
more than one term. The Commissioner serving at the end
of a term shall continue to serve until his or her
successor has been confirmed in accordance with
paragraph (1)of this subsection.
(3) The Commissioner shall be a full-time employee of
the United States, and shall be compensated at the rate
of basic pay payable for level IV of the Executive
Schedule.
[(c)(1)(A) Except] (c) Continuation of Powers._
(1) Powers and duties of commissioner; existing
funds._
(A) Powers and duties of commissioner._Except
as otherwise provided by the Navajo and Hopi
Indian Relocation Amendments of 1988, the
Commissioner shall have all the powers and be
responsible for all the duties that the Navajo
and Hopi Indian Relocation Commission had
before November 16, 1988.
[(B) All] (B) Existing funds._All funds
appropriated to the Navajo and Hopi Indian
Relocation Commission before the date on which
the first Commissioner on Navajo and Hopi
Indian Relocation is confirmed by the Senate
that have not been expended on such date shall
become available to the Office of Navajo and
Hopi Indian Relocation on such date and shall
remain available without fiscal year
limitation. [There are hereby]
(2) Transfer of powers._There are transferred to the
Commissioner, on January 31, 1989--
(A) all powers and duties of the Bureau of
Indian Affairs derived from Public Law 99-190
(99 Stat. at 1236) that relate to the
relocation of members of the Navajo Tribe from
lands partitioned to the Hopi Tribe, and
(B) all funds appropriated for activities
relating to such relocation pursuant to Public
Law 99-190 (99 Stat. at 1236): Provided, That
such funds shall be used by the Commissioner
for the purpose for which such funds were
appropriated to the Bureau of Indian Affairs
[FN1]: Provided further, That for
administrative purposes such funds shall be
maintained in a separate account.
[(d)(1) Subject] (d) Powers of Commissioner._
(1) In general._Subject to such rules and regulations
as may be adopted by the Office of Navajo and Hopi
Indian Relocation, the Commissioner shall have the
power to--
(A) appoint and fix the compensation of such
staff and personnel as the Commissioner deems
necessary in accordance with the provisions of
Title 5 governing appointments in the
competitive service, but at rates not in excess
of a position classified above a GS-15 of the
General Schedule under section 5108 of such
title; and
(B) procure temporary and intermittent
services to the same extent as is authorized by
section 3109 of title 5, but at rates not to
exceed $200 a day for individuals.
[(2) The] (2) Contracts._The authority of the
Commissioner to enter into contracts for the provision
of legal services for the Commissioner or for the
Office of Navajo and Hopi Indian Relocation shall be
subject to the availability of funds provided for such
purpose by appropriations Acts.
[(3) There] (3) Authorization of appropriations._
There are authorized to be appropriated for each fiscal
year $100,000 to fund contracts described in paragraph
(2).
[(e)(1)] (e) Administration._
(1) Administrative, fiscal, and housekeeping
services._
(A) In general._The Commissioner is
authorized to provide for the administrative,
fiscal, and housekeeping services of the Office
of Navajo and Hopi Indian Relocation and is
authorized to call upon any department or
agency of the United States to assist him in
implementing the relocation plan, except that
the control over and responsibility for
completing relocation shall remain in the
Commissioner. [In any]
(B) Assistance from departments and
agencies._In any case in which the Office calls
upon any such department or agency for
assistance under this section, such department
or agency shall provide reasonable assistance
so requested.
[(2) On] (2) Failure to provide assistance._On
failure of any agency to provide reasonable assistance
as required under paragraph (1) of this subsection, the
Commissioner shall report such failure to the Congress.
[f] (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.
(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. 640d-12
[Sec. 13. (a) By no]
SEC. 9. REPORT.
(a) In General._Not later than the date that is 6 months
after the date on which the first Commissioner is confirmed by
the Senate, the Commissioner shall prepare and submit to the
Congress a report concerning the relocation of households and
members thereof of each tribe and their personal property,
including livestock, from lands partitioned to the other tribe
pursuant to this subchapter.
[(b) The] (b) Inclusions._The report required under
subsection (a) of this section shall [contain, among other
matters, the following:] include--
(1) the names of all members of the Navajo Tribe who
reside within the areas partitioned to the Hopi Tribe
and the names of all members of the Hopi Tribe who
reside within the areas partitioned to the Navajo
Tribe;
(2) the names of all other members of the Navajo
Tribe, and other members of the Hopi Tribe, who are
eligible for benefits provided under this subchapter
and who have not received all the benefits for which
such members are eligible under this subchapter; and
(3) the fair market value of the habitations and
improvements owned by the heads of households
identified by the Commissioner is [FN1] being among the
persons named in clause (1) of this subsection.
Sec. 640d-13
[Sec. 14. (a)]
SEC. 10. RELOCATION OF HOUSEHOLD AND MEMBERS.
[Consistent] (a) Authorization._
(1) In general._Consistent with [section 8] section 4
of this title and the order of the District Court
issued pursuant to [section 3 or 4] section 2 of this
title, the Commissioner is authorized and directed to
relocate pursuant to [section 8] section 4 of this
title and such order all households and members thereof
and their personal property, including livestock, from
any lands partitioned to the tribe of which they are
not members. [The relocation shall take place in
accordance with the relocation plan and shall be
completed by the end of five years from the date on
which the relocation plan takes effect.]
(2) Settlements of navajo._No further settlement of
Navajo individuals on the lands partitioned to the Hopi
Tribe pursuant to this subchapter or on the Hopi
Reservation shall be permitted unless advance written
approval of the Hopi Tribe is obtained. [No further]
(3) Settlements of hopi._No further settlement of
Hopi individuals on the lands partitioned to the Navajo
Tribe pursuant to this subchapter or on the Navajo
Reservation shall be permitted unless advance written
approval of the Navajo Tribe is obtained. [No
individual]
(4) Grazing._No individual shall hereafter be allowed
to increase the number of livestock he grazes on any
area partitioned pursuant to this subchapter to the
tribe of which he is not a member, nor shall he retain
any grazing rights in any such area subsequent to his
relocation therefrom.
[(b) In addition] (b) Additional Payments to Heads of
Households._In addition to the payments made pursuant to
[section 15] section 11 of this title, the Commissioner shall
make payments to heads of households identified in the report
prepared pursuant to [section 13] section 9 of this title upon
the date of relocation of such households, as determined by the
Commissioner, in accordance with the following schedule:
(1) the sum of $5,000 to each head of a household
who, prior to the expiration of one year after the
effective date of the relocation plan, contracts with
the Commissioner to relocate;
(2) the sum of $4,000 to each head of a household who
is not eligible for the payment provided for in clause
(1) of this subsection but who, prior to the expiration
of two years after the effective date of the relocation
plan, contracts with the Commissioner to relocate;
(3) the sum of $3,000 to each head of a household who
is not eligible for the payments provided for in clause
(1) or (2) of this subsection but who, prior to the
expiration of three years after the effective date of
the relocation plan, contracts with the Commissioner to
relocate; and
(4) the sum of $2,000 to each head of a household who
is not eligible for the payments provided for in clause
(1), (2), or (3) of this subsection but who, prior to
the expiration of four years after the effective date
of the relocation plan, contracts with the Commissioner
to relocate.
[(c) No] (c) Payments for Persons Moving After a Certain
Date._No payment shall be made pursuant to this section to or
for any person who, after May 29, 1974, moved intoan area
partitioned pursuant to section 640d-7 of this title or section 640d-2
or 640d-3 of this title to a tribe of which he is not a member.
(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. 640d-14
[Sec. 15. (a)]
SEC. 11. RELOCATION HOUSING.
[The Commission] (a) Purchase of Habitation and
Improvements._
(1) In general._The Commission shall purchase from
the head of each household whose household is required
to relocate under the terms of this subchapter the
habitation and other improvements owned by him on the
area from which he is required to move. [The purchase]
(2) Purchase price._The purchase price shall be the
fair market value of such habitation and improvements.
[as determined under clause (2) of subsection (b) of
section 13.]
[(b) In addition] (b) Reimbursement for Moving Expenses and
Payment for Replacement Dwelling._In addition to the payments
made pursuant to subsection (a) of this section, the
Commissioner [shall:] shall--
(1) reimburse each head of a household whose
household is required to relocate pursuant to this
subchapter for the actual reasonable moving expenses of
the household as if the household members were
displaced persons under section 202 of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (84 Stat. 1894) [42 U.S.C.A.
Sec. 4622]; and
(2) pay to each head of a household whose household
is required to relocate pursuant to this subchapter an
amount which, when added to the fair market value of
the habitation and improvements purchased under
subsection (a) of this section, equals the reasonable
cost of a decent, safe, and sanitary replacement
dwelling adequate to accommodate such household:
Provided, That the additional payment authorized by
this paragraph (2) shall not exceed $17,000 for a
household of three or less and not more than $25,000
for a household of four or more, except that the
Commissioner may, after consultation with the Secretary
of Housing and Urban Development, annually increase or
decrease such limitations to reflect changes in housing
development and construction costs, other than costs of
land, during the preceding year: Provided further, That
the additional payment authorized by this subsection
shall be made only to a head of a household required to
relocate pursuant to this subchapter who purchases and
occupies such replacement dwelling not later than the
end of the two-year period beginning on the date on
which he receives from the Commissioner final payment
for the habitation and improvements purchased under
subsection (a) of this section, or on the date on which
such household moves from such habitation, whichever is
the later date. The payments made pursuant to this
paragraph (2) shall be used only for the purpose of
obtaining decent, safe, and sanitary replacement
dwellings adequate to accommodate the households
relocated pursuant to this subchapter.
[(c) In implementing] (c) Standards; Certain Payments._
(1) Standards._In carrying out subsection (b) of this
section, the Commissioner shall establish standards
consistent with those established in the implementation
of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (84 Stat. 1894) (42
U.S.C.A. Sec. 4601 et seq.). [No payment]
(2) Certain payments._No payment shall be made
pursuant to this section to or for any person who,
later than one year prior to December 22, 1974, moved
into an area partitioned pursuant to [section 8]
section 4 of this title or [section 3 or 4] section 2
of this title to a tribe of which he is not a member.
[(d) The] (d) Methods of Payment._The Commissioner shall be
responsible for the provision of housing for each household
eligible for payments under this section in one of the
following manners: [(1) Should]
(1) Home ownership opportunity projects._Should any
head of household apply for and become a participant or
homebuyer in a mutual help housing or other
homeownership opportunity project undertaken under the
United States Housing Act of 1937 (50 Stat. 888) as
amended [42 U.S.C.A. Sec. 1437 et seq.], or in any
other federally assisted housing program now or
hereafter established, the amounts payable with respect
to such household under paragraph (2) of subsection (b)
of this section and under subsection (a) of this
section shall be paid to the local housing agency or
sponsor involved as a voluntary equity payment and
shall be credited against the outstanding indebtedness
or purchase price of the household's home in the
project in a manner which will accelerate to the
maximum extent possible the achievement by that
household of debt free home ownership. [(2) Should]
(2) Purchased and constructed dwellings._Should any
head of household wish to purchase or have constructed
a dwelling which the Commissioner determines is decent,
safe, sanitary, and adequate to accommodate the
household, the amounts payable with respect to such
household under paragraph (2) of subsection (b) of this
section and under subsection (a) of this section shall
be paid to such head of household in connection with
such purchase or construction in a manner which the
Commissioner determines will assure the use of the
funds for such purpose. [(3) Should]
(3) Failure to arrange relocation._Should any head of
household not make timely arrangements for relocation
housing, or should any head of household elect and
enter into an agreement to have the Commissioner
construct or acquire a home for the household, the
Commissioner may use the amounts payable with respect
to such household under paragraph (2) of subsection (b)
of this section and under subsection (a) of this
section for the construction or acquisition (including
enlargement or rehabilitation if necessary) of a home
and related facilities for such household: Provided,
That, the Commissioner may combine the funds for any
number of such households into one or more accounts
from which the costs of such construction or
acquisition may be paid on a project basis and the
funds in such account or accounts shall remain
available until expended: Provided further, That the
title to each home constructed or acquired by the
Commissioner pursuant to this paragraph shall be vested
in the head of the household for which it was
constructed or acquired upon occupancy by such
household, but this shall not preclude such home being
located on land held in trust by the United States.
[(e) The] (e) Disposal of Acquired Dwellings and
Improvements._The Commission is authorized to dispose of
dwellings and other improvements acquired or constructed
pursuant to this subchapter in such manner, including resale of
such dwellings and improvements to members of the tribe
exercising jurisdiction over the area at prices no higher than
the acquisition or construction costs, as best effects [section
8] section 4 of this title and the order of the District Court
pursuant to [section 3 or 4] section 2 of this title.
[(f) Notwithstanding] (f) Preferential Treatment._
Notwithstanding any other provision of law to the contrary, the
Commissioner shall on a preferential basis provide relocation
assistance and relocation housing under subsections (b), (c),
and (d) of this section to the head of each household of
members of the Navajo Tribe who were evicted from the Hopi
Indian Reservation as a consequence of the decision in the case
of United States v. Kabinto (456 F.2d 1087 (1972)): Provided,
That such heads of households have not already received
equivalent assistance from Federal agencies.
[(g) Appeals of eligibility determinations
[Notwithstanding any other provision of law, appeals from
any eligibility determination of the Relocation Commission,
irrespective of the amount in controversy, shall be brought in
the United States District Court for the District of Arizona]
(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--
(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 no 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 the 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 the 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. 640d-15
[Sec. 16. (a) The Navajo]
SEC. 12. PAYMENT FOR USE OF LAND.
(a) In General._The Navajo Tribe shall pay to the Hopi
Tribe the fair rental value as determined by the Secretary for
all use by Navajo individuals of any lands partitioned to the
Hopi Tribe pursuant to [sections 8 and 3 or 4] sections 2 and 4
of this title subsequent to the date of the partition thereof.
[(b) The] (b) Payment._The Hopi Tribe shall pay to the
Navajo Tribe the fair rental value as determined by the
Secretary for all use by Hopi individuals of any lands
partitioned to the Navajo Tribe pursuant to [sections 8 and 3
or 4] sections 2 and 4 of this title subsequent to the date of
the partition thereof.
Sec. 640d-16
[Sec. 17. (a)]
SEC. 13. EFFECT OF ACT.
(a) Title, Possession and Enjoyment._
(1) In general._Nothing in this subchapter shall
affect the title, possession, and enjoyment of lands
heretofore allotted to Hopi and Navajo individuals for
which patents have been issued. [Such]
(2) Residence on other reservations._Any Hopi
individuals living on the Navajo Reservation shall be
subject to the jurisdiction of the Navajo Tribe and
such Navajo individuals living on the Hopi Reservation
shall be subject to the jurisdiction of the Hopi Tribe.
[(b) Nothing] (b) Federal Employees._Nothing in this
subchapter shall require the relocation from any area
partitioned pursuant to this subchapter of the household of any
Navajo or Hopi individual who is employed by the Federal
Government within such area or to prevent such employees or
their households from residing in such areas in the future:
Provided, That any such Federal employee who would, except for
the provisions of this subsection, be relocated under the terms
of this subchapter may elect to be so relocated.
Sec. 640d-17
[Sec. 18. (a) Either]
SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS FOR
DAMAGES TO LAND.
(a) Actions by Tribes._Either tribe, acting through the
chairman of its tribal council, for and on behalf of the tribe,
including all villages, clans, and individual members thereof,
is hereby authorized to commence or defend in the District
Court an action or actions against the other tribe for the
following purposes if such action or actions are not settled
pursuant to [Section 3 or 4] section 2 of this title:
(1) for an accounting of all sums collected by either
tribe since the 17th day of September 1957 as trader
license fees or commissions, lease proceeds, or other
similar charges for the doing of business or the use of
lands within the joint use area, and judgment for one-
half of all sums so collected, and not paid to the
other tribe, together with interest at the rate of 6
per centum per annum compounded annually;
(2) for the determination and recovery of the fair
value of the grazing and agricultural use by either
tribe and its individual members since the 28th day of
September 1962 of the undivided one-half interest of
the other tribe in the lands within the joint use area,
together with interest at the rate of 6 per centum per
annum compounded annually, notwithstanding the fact
that the tribes are tenants in common of such lands;
and
(3) for the adjudication of any claims that either
tribe may have against the other for damages to the
lands to which title was quieted as aforesaid by the
United States District Court for the District of
Arizona in such tribes, share and share alike, subject
to the trust title of the United States, without
interest, notwithstanding the fact that such tribes are
tenants in common of such lands: Provided, That the
United States may be joined as a party to such an
action and, in such case, the provisions of sections
1346(a)(2) and 1505 of title 28 shall not be applicable
to such action.
[(b) Neither] (b) Defenses._Neither laches nor the statute
of limitations shall constitute a defense to any action
authorized by this subchapter for existing claims if commenced
within two years from December 22, 1974, or one hundred and
eighty days from the date of issuance of an order of the
District Court pursuant to [section 3 or 4] section 2 of this
title, whichever is later.
[(c) Either] (c) Further Original, Ancillary, or
Supplementary Acts to Ensure Quiet Enjoyment._
(1) In general._Either tribe may institute such
further original, ancillary, or supplementary actions
against the other tribe as may be necessary or
desirable to insure the quiet and peaceful enjoyment of
the reservation lands of the tribes by the tribes and
the members thereof, and to fully accomplish all
objects and purposes of this subchapter. [Such actions]
(2) Action through chairman._An action under
paragraph (1) may be commenced in the District Court by
either tribe against the other, acting through the
chairman of its tribal council, for and on behalf of
the tribe, including all villages, clans, and
individual members thereof.
[(d) Except] (d) United States as Party; Judgments Against
the United States._
(1) In general._Except as provided in clause (3) of
subsection (a) of this section, the United States shall
not be an indispensable party to any action or actions
commenced pursuant to this section. [Any judgment or
judgments]
(2) Effect of judgment._Any judgment by the District
Court in such action or actions shall not be regarded
as a claim or claims against the United States.
[(e) All] (e) Remedies._All applicable provisional and
final remedies and special proceedings provided for by the
Federal Rules of Civil Procedure and all other remedies and
processes available for the enforcement and collection of
judgments in the district courts of the United States may be
used in the enforcement and collection of judgments obtained
pursuant to the provisions of this subchapter.
Sec. 640d-18
[Sec. 19. (a) Notwithstanding]
SEC. 15. JOINT USE.
(a) Reduction of Livestock._
(1) In general._Notwithstanding any provision of this
subchapter, or any order of the District Court pursuant
to [section 3 or 4] section 2 of this title, the
Secretary is authorized and directed to immediately
commence reduction of the numbers of all the livestock
now being grazed upon the lands within the joint use
area and complete such reductions to carrying capacity
of such lands, as determined by the usual range
capacity standards as established by the Secretary
after December 22, 1974. [The Secretary is directed to]
(2) Conservation practices and methods._The Secretary
shall institute such conservation practices and methods
within such area as are necessary to restore the
grazing potential of such area to the maximum extent
feasible.
[(b) The] (b) Survey Location of Monuments and Fencing of
Boundaries._The Secretary, upon the date of issuance of an
order of the District Court pursuant to [sections 8 and 3 or 4]
sections 2 and 4 of this title, shall provide for the survey
location of monuments, and fencing of boundaries of any lands
partitioned pursuant to [sections 8 and 3 or 4] sections 2 and
4 of this title.
[(c)(1) Surveying] (c) Surveying, Monumenting and Fencing;
Livestock Reduction Program._
(1) Surveying, monumenting and fencing._Surveying,
monumenting, and fencing as required by subsection (b)
of this section shall be completed within twelve months
after July 8, 1980, with respect to lands partitioned
pursuant to [section 4] section 2 of this title and
within twelve months after a final order of partition
with respect to any lands partitioned pursuant to
[section 8] section 4 of this title.
[(2) The]
(2) Livestock reduction program._The livestock
reduction program required under subsection (a) of this
section shall be completed within eighteen months after
July 8, 1980.
Sec. 640d-19
[Sec. 20. The members]
SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER.
The members of the Hopi Tribe shall have perpetual use of
Cliff Spring as shown on USGS 7 1/2 minute Quad named Toh Ne
Zhonnie Spring, Arizona, Navajo County, dated 1968; and located
1,250 feet west and 200 feet south of the intersection of 36
degrees, 17 minutes, 30 seconds north latitude and 110 degrees,
9 minutes west longitude, as a shrine for religious ceremonial
purposes, together with the right to gather branches of fir
trees growing within a 2-mile radius of said spring for use in
such religious ceremonies, and the further right of ingress,
egress, and regress between the Hopi Reservation and said
spring. The Hopi Tribe is hereby authorized to fence said
spring upon the boundary line as follows: Beginning at a point
on the 36 degrees, 17 minutes, 30 seconds north latitude 500
feet west of its intersection with 110 degrees, 9 minutes west
longitude, the point of beginning; thence north 46 degrees
west, 500 feet to a point on the rim top at elevation 6,900
feet; thence southwesterly 1,200 feet (in a straight line)
following the 6,900 feet contour; thence south 46 degrees east,
600 feet; thence north 38 degrees east, 1,300 feet to the point
of beginning, 23.8 acres more or less: Provided, That, if and
when such spring is fenced, the Hopi Tribe shall pipe the water
therefrom to the edge of the boundary as hereinabove described
for the use of residents of the area. The natural stand of fir
trees within such 2-mile radius shall be conserved for such
religious purposes.
Sec. 640d-20
[Sec. 21. Notwithstanding]
SEC. 17. ACCESS TO RELIGIOUS SHRINES.
Notwithstandinganything contained in this subchapter to the
contrary, the Secretary shall make reasonable provision for the use of
and right of access to identified religious shrines for the members of
each tribe on the reservation of the other tribe where such use and
access are for religious purposes.
Sec. 640d-22
[Sec. 22. The availability]
SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF
INCOME.
(a) In General._The availability of financial assistance or
funds paid pursuant to this subchapter may not be considered as
income or resources or otherwise utilized as the basis (1) for
denying a household or member thereof participation in any
federally assisted housing program or (2) for denying or
reducing the financial assistance or other benefits to which
such household or member would otherwise be entitled to under
the Social Security Act (42 U.S.C.A. Sec. 301 et seq.) or any
other Federal or federally assisted program. [None of the
funds]
(b) Federal and State Income Taxes._None of the funds
provided under this subchapter shall be subject to Federal or
State income taxes.
Sec. 640d-22
[Sec. 23. The Navajo]
SEC. 19. AUTHORIZATION OF EXCHANGE.
(a) In General._The Navajo and Hopi Tribes are hereby
authorized to exchange lands which are part of their respective
reservations. [In the event that the Tribes should]
(b) Negotiated Exchanges._If the Tribes negotiate and agree
on an exchange of lands pursuant to authority granted herein
the Commissioner shall make available 125 per centum of the
relocation benefits provided in [sections 14 and 15] sections
10 and 11 of this title to members of either tribe living on
land to be exchanged to other than his or her own tribe, except
that such benefits shall be available only if, within one
hundred and eighty days of the agreement, a majority of the
adult members of the tribe who would be eligible to relocate
from exchanged lands sign a contract with the Commissioner to
relocate within twelve months of the agreement or such later
time as determined by the Commissioner and such additional
benefits shall only be paid to those who actually relocate
within such period.
Sec. 640d-23
[Sec. 24. If]
SEC. 20. SEVERABILITY.
If any provision of this subchapter, or the application of
any provision to any person, entity or circumstance, is held
invalid, the remainder of this subchapter shall not be affected
thereby.
Sec. 640d-25
[Sec. 27. Discretionary fund to expedite relocation efforts
[(a) Authorization of Appropriations.--To facilitate and
expedite the relocation efforts of the Commissioner, there is
hereby authorized to be appropriated annually, effective in
fiscal year 1981, not to exceed $6,000,000 as a discretionary
fund.
[(b) Authorized Uses.--Funds appropriated under the
authority of subsection (a) of the section may be used by the
Commissioner for grants, contracts, or expenditures which
significantly assist the Commissioner or assist the Navajo
Tribe or Hopi Tribe in meeting the burdens imposed by this
subchapter.
[(c) Funding and Construction of Hopi High School and
Medical Center.--The Secretary]
SEC. 21. FUNDING AND CONSTRUCTION OF HIGH SCHOOL AND MEDICAL CENTER.
The Secretary of the Interior and the Secretary of Health
and Human Services, as appropriate, shall assign the highest
priority, in the next fiscal year after July 8, 1980, to the
funding and construction of the Hopi high school and Hopi
medical center consistent with any plans already completed and
approved by appropriate agencies of the respective departments.
Sec. 640d-26
[Sec. 28. (a) No action]
SEC. 22. ENVIRONMENTAL IMPACT; WILDERNESS STUDY; CANCELLATION OF LEASES
AND PERMITS.
(a) In General._No action taken pursuant to, in furtherance
of, or as authorized by this subchapter, shall be deemed a
major Federal action for purposes of the National Environmental
Policy Act of 1969, as amended (42 U.S.C.A. Sec. 4321 et seq.)
[(b) Any]
(b) Effect of Wilderness Study._Any transfer of public
lands pursuant to this subchapter shall be made notwithstanding
the provisions of sections 1782 and 1752(g) of title 43.
(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. 29. (a) Any]
SEC. 23. ATTORNEY FEES AND COURT COSTS.
(a) In General._In any litigation or court action between
or among the Hopi Tribe, the Navajo Tribe and the United States
or any of its officials, departments, agencies, or
instrumentalities, arising out of the interpretation or
implementation of this subchapter, as amended, the Secretary
shall pay, subject to the availability of appropriations,
attorney's fees, costs and expenses as determined by the
Secretary to be reasonable. [For each]
(b) Authorization of Appropriations._For each tribe, there
is hereby authorized to be appropriated not to exceed $120,000
in fiscal year 1981, $130,000 in fiscal year 1982, $140,000 in
fiscal year 1983, $150,000 in fiscal year 1984, and $160,000 in
fiscal year 1985, and each succeeding year thereafter until
such litigation or court action is finally completed.
[(b) Upon] (c) Award by Court._
[Any Party] (1) In general._On the entry of a final
judgment in any such litigation or court action, the
court shall award reasonable attorney's fees, costs and
expenses to the party, other than the United States or
its officials, departments, agencies, or
instrumentalities, which prevails or substantially
prevails, where it finds that any opposing party has
unreasonably initiated or contested such litigation.
(2) Reimbursement of united states._Any party to whom
such an award has been made shall reimburse the United
States out of such award to the extent that it has
received payments pursuant to subsection (a) of this
section.
[(c) To] (d) Excess Difference._To the extent that any
award made to a party against the United States pursuant to
subsection (b) of this section exceeds the amount paid to such
party by the United States pursuant to subsection (a) of this
section, such difference shall be treated as if it were a final
judgment of the Court of Claims under section 2517 of title 28.
[(d) This] (e) Application of Section._This section shall
apply to any litigation or court action pending upon July 8,
1980, in which a final order, decree, or judgment has not been
entered, but shall not apply to any action authorized by
[section 8 or 18(a) of this title] section 4 or section 14(a)
of this title.
[25 U.S.C. Sec. 28
[(a)
[(b) Any Navajo head of household who desires to do so may
submit an application for a life estate lease to the
Commissioner. Such application shall contain such information
as the Commissioner may prescribe by regulation, such
regulation to be promulgated by the Commissioner within ninety
days of July 8, 1980. To be considered, such application must
be filed with the Commissioner on or before April, 1, 1981:
Provided, That the Commissioner may, for good cause, grant an
extension of one hundred and eighty days.
[(c) Upon receipt of applications filed pursuant to this
section, the Commissioner shall group them in the following
order: (A) Applicants who are determined to be at least 50 per
centum disabled as certified by a physician approved by the
Commissioner. Such applicants shall be ranked in the order of
the severity of their disability. (B) Applicants who are not at
least 50 per centum disabled shall be ranked in order of their
age, with oldest listed first and the youngest listed last:
Provided, That, if any applicant physically resides in quarter
quad Nos. 78NW, 77 NE, 77 NW, 55 SW, or 54 SE as designated on
the Mediator's partition map, such applicant shall be given
priority over another applicant of equal age. (C) Applicants
who did not, as of December 22, 1974, and continuously
thereafter, maintain a separate place of abode and actually
remain domiciled on Hopi partitioned lands, and who, but for
this subsection would be required to relocate, shall be
rejected by the Commissioner. (D) Applicants who were not at
least forty-nine years of age on December 22, 1974, or are not
at least 50 per centum disabled, shall also be rejected by the
Commissioner.
[(d) The Commission shall have authority to award life
estate leases to not more than one hundred and twenty
applicants with first priority being given to applicants listed
pursuant to subsection (c)(A) of this section and the next
priority given to the applicants listed pursuant to subsection
(c)(B) of this section, in order of such listing.
[(e) Each life estate lease shall consist of a fenced area
not exceeding ninety acres of land which shall include the life
tenant's present residence and may be used by the life tenant
to feed not toexceed twenty-five sheep units per year or
equivalent livestock. The Secretary, under existing authority, shall
make available to life estate tenants such assistance during that
tenure, as may be necessary to enable such tenant to feed such
livestock at an adequate nutritional level.
[(f) No persons may reside on a life estate other than the
life tenant, his or her spouse, and minor dependents, and/or
such persons who are necessarily present to provide for the
care of the life tenant. The Commission shall promulgate
regulations to carry out the intent of this subsection.
[(g) The life estate tenure shall end by voluntary
relinquishment, or at the death of the life tenant or the death
of his or her spouse, whichever occurs last: Provided, That
each survivorship right shall apply only to those persons who
were lawfully married to each other on or before July 8, 1980.
[(h) Nothing in this section shall be construed as
prohibiting any such applicant who receives a life estate lease
under this section from relinquishing, prior to its
termination, such estate at any time and voluntarily
relocating. Upon voluntary relinquishment of such estate, by
such means or instrument as the Secretary shall prescribe, such
applicant shall be entitled to relocation benefits from the
Secretary comparable to those provided by section 640d-14 of
this title. For life estates terminated by the death of the
life tenant or his or her surviving spouse, compensation shall
be paid to the estate of the deceased life tenant or surviving
spouse based on the fair market value of the habitation and
improvements at the time of the expiration of such tenure and
not before. Such payments shall be in lieu of any other payment
pursuant to subsection (a) of section 640d-14 of this title.
Assistance provided pursuant to section 640d-14(b) of this
title, shall be paid to any head of household lawfully residing
on such life estate pursuant to subsection (f) of this section
who is required to move by the termination of such life estate
by the death of the life tenant and his or her surviving spouse
and who does not maintain a residence elsewhere. Compensation
under section 640d-14(a) of this title shall be paid and
distributed in accordance with the last will and testament of
the life tenant or surviving spouse or, in the event no valid
last will and testament is left, compensation shall be paid and
distributed to his or her heirs in accordance with existing
Federal law. Upon termination of a life estate by whatever
means, the dependents residing with the individuals having such
life estate so terminated shall have ninety days following such
termination within which to relocate.
[(i) The Secretary shall pay, on an annual basis, the fair
market rental value of such life estate leases to the tribe to
whom the lands leased were partitioned.
[(j) Nothing in this subchapter or any other law shall be
construed to prevent a life tenant from making reasonable
improvements on the life estate which are related to the
residence and agricultural purposes of the life tenancy.
[(k) The Commission is authorized to grant not to exceed
ten additional life estate leases to Hopi heads of household
residing on Navajo-partitioned lands under such terms of this
section as may be appropriate.]
Sec. 640d-29
[Sec. 31. (a) Except]
SEC. 24. LOBBYING.
(a) In General._Except as provided in subsection (b) of
this section, no person or entity who has entered into a
contract with the Commissioner to provide services under this
subchapter may engage in activities designed to influence
Federal legislation on any issue relating to the relocation
required under this subchapter.
[(b) Subsection] (b) Applicability._Subsection (a) of this
section shall not apply to the Navajo Tribe or the Hopi Tribe,
except that such tribes shall not spend any funds received from
the Office in any activities designed to influence Federal
legislation.
Sec. 640d-30
[Sec. 32. (a) There]
SEC. 25. NAVAJO REHABILITATION TRUST FUND.
(a) Establishment._There is hereby established in the
Treasury of the United States a trust fund to be known as the
``Navajo Rehabilitation Trust Fund'', which shall consist of
the funds transferred under subsection (b) of this section and
of the funds appropriated pursuant to subsection (f) of this
section and any interest or investment income accrued on such
funds.
[(b) All] (b) Deposit of Income Into Fund._All of the net
income derived by the Navajo Tribe from the surface and mineral
estates of lands located in New Mexico that are acquired for
the benefit of the Navajo tribe under section 640d-10 of this
title shall be deposited into the Navajo Rehabilitation Trust
Fund.
[[(c) The] (c) Investment of Funds._The Secretary shall be
the trustee of the Navajo Rehabilitation Trust Fund and shall
be responsible for investment of the funds in such Trust Fund.
[(d) Funds] (d) Availability of Funds._Funds in the Navajo
Rehabilitation Trust Fund, including any interest or investment
accruing thereon, shall be available to the Navajo Tribe, with
the approval of the Secretary, solely for purposes which will
contribute to the continuing rehabilitation and improvement of
the economic, educational, and social condition of families,
and Navajo communities, that have been affected by--
(1) the decision in the Healing case, or related,
proceedings;
(2) the provision of this [Act, or] Act; or
(3) the establishment by the Secretary of the
Interior of grazing district number 6 as land for the
exclusive use of the Hopi Tribe.
[(e) By December 1] (e) Expenditure of Funds._
(1) In general._Not later than December 1, 1989, the
Secretary of the Interior, with the advice of the
Navajo Tribe and the Office of Navajo and Hopi Indian
Relocation, shall submit to the Congress a conceptual
framework for the expenditure of the funds authorized
for the Navajo Rehabilitation Trust Fund. [Such
framework is to be]
(2) Requirement._The framework under paragraph (1)
shall be consistent with the purposes described in
subsection (d) of this section.
[(f) The] (f) Termination._
(1) In general._The Navajo Rehabilitation Trust Fund
shall terminate when, upon petition by the Navajo
Tribe, the Secretary determines that the goals of the
Trust Fund have been met and the United States has been
reimbursed for funds appropriated under subsection (f)
of this section.
[All funds]
(2) Transfer of remaining funds._All funds in the
Trust Fund on such date shall be transferred to the
general trust funds of the Navajo Tribe.
[(g) There is hereby] (g) Authorization of Appropriations._
(1) In general._There is authorized to be
appropriated for the Navajo Rehabilitation Trust Fund
not [FN3] exceed $10,000,000 in each of fiscal years
[1990, 1991, 1992, 1993, 1994 and 1995] 2006 through
2008. [The income]
(2) Income from land._The income from the land
referred to in subsection (b) of this section shall be
used to reimburse the General Fund of the United States
Treasury for amounts appropriated to the Fund.
Sec. 640d-31
[Sec. 32. Nothing]
SEC. 26. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.
Nothing in this subchapter prohibits the Commissioner from
providing relocation assistance to families certified as
eligible, regardless of their current place of residence, with
funds appropriated to implement this subchapter.
Sec. 640d-24
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.
TITLE II--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION
5 U.S.C.A. Sec. 3501. Definitions; application
(a) * * *
(b) Except as otherwise provided by this subsection and
section 3504 of this title, this subchapter applies to each
employee in or under an Executive agency. This subchapter does
not apply to an employee whose appointment is required by
Congress to be confirmed by, or made with the advice and
consent of, the Senate [or], to a member of the Senior
Executive Service [or], the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive Service, or to
an employee of the Office of Navajo and Hopi Indian Relocation.
Sec. 5598. Separation pay for certain employees of the Office of Navajo
and Hopi Relocation
(a) In General.--Except as provided in subsections (b) and
(c), the Commissioner of the Officeof 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 any individual is otherwise entitled to
receiving 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.
Sec. 8336. Immediate retirement
(a) * * *
* * * * * * *
(j)(1) Except as provided in paragraph (3), an employee is
entitled to an annuity if he--
(A)(i) is separated from the service after completing
25 years of service or after becoming 50 years of age
and completing 20 years of service, or
(ii) is involuntarily separated, except by removal
for cause on charges of misconduct or delinquency,
during the 2-year period before the date on which he
would meet the years of service and age requirements
under clause (i),
(B) was employed in the Bureau of Indian Affairs, the
Indian Health Service, a tribal organization (to the
extent provided in paragraph (2)), or any combination
thereof, continuously from December 21, 1972, to the
date of his separation 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, and
(C) is not entitled to preference under the Indian
preference laws.
Sec. 8339. Computation of annuity
(a) Except as otherwise provided by this section, the
annuity of an employee retiring under this subchapter is--
(1) * * *
* * * * * * *
(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 service of the
service of the employee on or after
January 1, 1985, that exceeds 10 years.
Sec. 8412. Immediate retirement
(a) * * *
* * * * * * *
(i) An employee of the Office of Navajo and Hopi Indian
Relocation is entitled to any 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.
5 U.S.C.A. Sec. 8415. Computation of basic annuity
(a) * * *
* * * * * * *
(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. Sec. 640 et. seq.) (as amended by title I).