PUBLIC LAW 104–301—OCT. 11, 1996 110 STAT. 3649

Public Law 104–301

104th Congress

An Act

To provide for the settlement of the Navajo-Hopi land dispute, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

The Congress finds that—

(1) it is in the public interest for the Tribe, Navajos residing

on the Hopi Partitioned Lands, and the United States to reach

a peaceful resolution of the longstanding disagreements

between the parties under the Act commonly known as the

‘‘Navajo-Hopi Land Settlement Act of 1974’’ (Public Law 93–

531; 25 U.S.C. 640d et seq.);

(2) it is in the best interest of the Tribe and the United

States that there be a fair and final settlement of certain

issues remaining in connection with the Navajo-Hopi Land

Settlement Act of 1974, including the full and final settlement

of the multiple claims that the Tribe has against the United

States;

(3) this Act, together with the Settlement Agreement

executed on December 14, 1995, and the Accommodation Agreement (as incorporated by the Settlement Agreement), provide

the authority for the Tribe to enter agreements with eligible

Navajo families in order for those families to remain residents

of the Hopi Partitioned Lands for a period of 75 years, subject

to the terms and conditions of the Accommodation Agreement;

(4) the United States acknowledges and respects—

(A) the sincerity of the traditional beliefs of the members of the Tribe and the Navajo families residing on the

Hopi Partitioned Lands; and

(B) the importance that the respective traditional

beliefs of the members of the Tribe and Navajo families

have with respect to the culture and way of life of those

members and families;

(5) this Act, the Settlement Agreement, and the Accommodation Agreement provide for the mutual respect and protection

of the traditional religious beliefs and practices of the Tribe

and the Navajo families residing on the Hopi Partitioned Lands;

(6) the Tribe is encouraged to work with the Navajo families

residing on the Hopi Partitioned Lands to address their concerns regarding the establishment of family or individual burial

25 USC 640d

note.

25 USC 640d

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Navajo-Hopi

Land Dispute

Settlement Act of

1996.

Oct. 11, 1996

[S. 1973]
110 STAT. 3650 PUBLIC LAW 104–301—OCT. 11, 1996

plots for deceased family members who have resided on the

Hopi Partitioned Lands; and

(7) neither the Navajo Nation nor the Navajo families

residing upon Hopi Partitioned Lands were parties to or signers

of the Settlement Agreement between the United States and

the Hopi Tribe.

SEC. 3. DEFINITIONS.

Except as otherwise provided in this Act, for purposes of this

Act, the following definitions shall apply:

(1) ACCOMMODATION.—The term ‘‘Accommodation’’ has the

meaning provided that term under the Settlement Agreement.

(2) HOPI PARTITIONED LANDS.—The term ‘‘Hopi Partitioned

Lands’’ means lands located in the Hopi Partitioned Area, as

defined in section 168.1(g) of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(3) NAVAJO PARTITIONED LANDS.—The term ‘‘Navajo Partitioned Lands’’ has the meaning provided that term in the

proposed regulations issued on November 1, 1995, at 60 Fed.

Reg. 55506.

(4) NEW LANDS.—The term ‘‘New Lands’’ has the meaning

provided that term in section 700.701(b) of title 25, Code of

Federal Regulations.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(6) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agreement’’ means the agreement between the United States and

the Hopi Tribe executed on December 14, 1995.

(7) TRIBE.—The term ‘‘Tribe’’ means the Hopi Tribe.

(8) NEWLY ACQUIRED TRUST LANDS.—The term ‘‘newly

acquired trust lands’’ means lands taken into trust for the

Tribe within the State of Arizona pursuant to this Act or

the Settlement Agreement.

SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

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

SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.

The Secretary shall take such action as may be necessary

to ensure that the following conditions are met prior to taking

lands into trust for the benefit of the Tribe pursuant to the Settlement Agreement:

(1) SELECTION OF LANDS TAKEN INTO TRUST.— (A) PRIMARY AREA.—In accordance with section 7(a)

of the Settlement Agreement, the primary area within

which lands acquired by the Tribe may be taken into trust

by the Secretary for the benefit of the Tribe under the

Settlement Agreement shall be located in northern Arizona.

(B) REQUIREMENTS FOR LANDS TAKEN INTO TRUST IN

THE PRIMARY AREA.—Lands taken into trust in the primary

area referred to in subparagraph (A) shall be—

(i) land that is used substantially for ranching,

agriculture, or another similar use; and

(ii) to the extent feasible, in contiguous parcels.

(2) ACQUISITION OF LANDS.—Before taking any land into

trust for the benefit of the Tribe under this section, the Secretary shall ensure that—

Arizona.

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PUBLIC LAW 104–301—OCT. 11, 1996 110 STAT. 3651

(A) at least 85 percent of the eligible Navajo heads

of household (as determined under the Settlement Agreement) have entered into an accommodation or have chosen

to relocate and are eligible for relocation assistance (as

determined under the Settlement Agreement); and

(B) the Tribe has consulted with the State of Arizona

concerning the lands proposed to be placed in trust, including consulting with the State concerning the impact of

placing those lands into trust on the State and political

subdivisions thereof resulting from the removal of land

from the tax rolls in a manner consistent with the provisions of part 151 of title 25, Code of Federal Regulations.

(3) PROHIBITION.—The Secretary may not, pursuant to the

provisions of this Act and the Settlement Agreement, place

lands, any portion of which are located within or contiguous

to a 5-mile radius of an incorporated town or city (as those

terms are defined by the Secretary) in northern Arizona, into

trust for benefit of the Tribe without specific statutory authority.

(4) EXPEDITIOUS ACTION BY THE SECRETARY.—Consistent

with all other provisions of this Act, the Secretary is directed

to take lands into trust under this Act expeditiously and without undue delay.

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

(a) IN GENERAL.—

(1) ACTION BY THE SECRETARY.—

(A) IN GENERAL.—The Secretary shall take action as

specified in subparagraph (B), to the extent that the Tribe,

in accordance with section 7(b) of the Settlement Agreement—

(i) acquires private lands; and

(ii) requests the Secretary to acquire through condemnation interspersed lands that are owned by the

State of Arizona and are located within the exterior

boundaries of those private lands in order to have

both the private lands and the State lands taken into

trust by the Secretary for the benefit of the Tribe.

(B) ACQUISITION THROUGH CONDEMNATION.—With

respect to a request for an acquisition of lands through

condemnation made under subparagraph (A), the Secretary

shall, upon the recommendation of the Tribe, take such

action as may be necessary to acquire the lands through

condemnation and, with funds provided by the Tribe, pay

the State of Arizona fair market value for those lands

in accordance with applicable Federal law, if the conditions

described in paragraph (2) are met.

(2) CONDITIONS FOR ACQUISITION THROUGH CONDEMNATION.—The Secretary may acquire lands through condemnation

under this subsection if—

(A) that acquisition is consistent with the purpose of

obtaining not more than 500,000 acres of land to be taken

into trust for the Tribe;

(B) the State of Arizona concurs with the United States

that the acquisition is consistent with the interests of the

State; and

Arizona.

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110 STAT. 3652 PUBLIC LAW 104–301—OCT. 11, 1996

(C) the Tribe pays for the land acquired through condemnation under this subsection.

(b) DISPOSITION OF LANDS.—If the Secretary acquires lands

through condemnation under subsection (a), the Secretary shall

take those lands into trust for the Tribe in accordance with this

Act and the Settlement Agreement.

(c) PRIVATE LANDS.—The Secretary may not acquire private

lands through condemnation for the purpose specified in subsection

(a)(2)(A).

SEC. 7. ACTION TO QUIET POSSESSION.

If the United States fails to discharge the obligations specified

in section 9(c) of the Settlement Agreement with respect to voluntary relocation of Navajos residing on Hopi Partitioned Lands,

or section 9(d) of the Settlement Agreement, relating to the

implementation of sections 700.137 through 700.139 of title 25,

Code of Federal Regulations, on the New Lands, including failure

for reason of insufficient funds made available by appropriations

or otherwise, the Tribe may bring an action to quiet possession

that relates to the use of the Hopi Partitioned Lands after February

1, 2000, by a Navajo family that is eligible for an accommodation,

but fails to enter into an accommodation.

SEC. 8. PAYMENT TO STATE OF ARIZONA.

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection

(b), there are authorized to be appropriated to the Department

of the Interior $250,000 for fiscal year 1998, to be used by the

Secretary of the Interior for making a payment to the State of

Arizona.

(b) PAYMENT.—The Secretary shall make a payment in the

amount specified in subsection (a) to the State of Arizona after

an initial acquisition of land from the State has been made by

the Secretary pursuant to section 6.

SEC. 9. 75-YEAR LEASING AUTHORITY.

The first section of the Act of August 9, 1955 (69 Stat. 539,

chapter 615; 25 U.S.C. 415) is amended by adding at the end

the following new subsections:

‘‘(c) LEASES INVOLVING THE HOPI TRIBE AND THE HOPI PARTITIONED LANDS ACCOMMODATION AGREEMENT.—Notwithstanding

subsection (a), a lease of land by the Hopi Tribe to Navajo Indians

on the Hopi Partitioned Lands may be for a term of 75 years,

and may be extended at the conclusion of the term of the lease.

‘‘(d) DEFINITIONS.—For purposes of this section—

‘‘(1) the term ‘Hopi Partitioned Lands’ means lands located

in the Hopi Partitioned Area, as defined in section 168.1(g)

of title 25, Code of Federal Regulations (as in effect on the

date of enactment of this subsection); and

‘‘(2) the term ‘Navajo Indians’ means members of the Navajo Tribe.’’.

SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION

HOUSING PROGRAM.

Section 25(a)(8) of Public Law 93–531 (25 U.S.C. 640d–24(a)(8))

is amended by striking ‘‘1996, and 1997’’ and inserting ‘‘1996, 1997,

1998, 1999, and 2000’’.

25 USC 640d

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PUBLIC LAW 104–301—OCT. 11, 1996 110 STAT. 3653

SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO

NATION AND THE HOPI TRIBE.

Nothing in this Act or the amendments made by this Act

shall be interpreted or deemed to preclude, limit, or endorse, in

any manner, actions by the Navajo Nation that seek, in court,

an offset from judgments for payments received by the Hopi Tribe

under the Settlement Agreement.

SEC. 12. WATER RIGHTS.

(a) IN GENERAL.—

(1) WATER RIGHTS.—Subject to the other provisions of this

section, newly acquired trust lands shall have only the following

water rights:

(A) The right to the reasonable use of groundwater

pumped from such lands.

(B) All rights to the use of surface water on such

lands existing under State law on the date of acquisition,

with the priority date of such right under State law.

(C) The right to make any further beneficial use on

such lands which is unappropriated on the date each parcel

of newly acquired trust lands is taken into trust. The

priority date for the right shall be the date the lands

are taken into trust.

(2) RIGHTS NOT SUBJECT TO FORFEITURE OR ABANDONMENT.—The Tribe’s water rights for newly acquired trust lands

shall not be subject to forfeiture or abandonment arising from

events occurring after the date the lands are taken into trust.

(b) RECOGNITION AS VALID USES.—

(1) GROUNDWATER.—With respect to water rights associated

with newly acquired trust lands, the Tribe, and the United

States on the Tribe’s behalf, shall recognize as valid all uses

of groundwater which may be made from wells (or their subsequent replacements) in existence on the date each parcel of

newly acquired trust land is acquired and shall not object

to such groundwater uses on the basis of water rights associated

with the newly acquired trust lands. The Tribe, and the United

States on the Tribe’s behalf, may object only to the impact

of groundwater uses on newly acquired trust lands which are

initiated after the date the lands affected are taken into trust

and only on grounds allowed by the State law as it exists

when the objection is made. The Tribe, and the United States

on the Tribe’s behalf, shall not object to the impact of groundwater uses on the Tribe’s right to surface water established

pursuant to subsection (a)(3) when those groundwater uses

are initiated before the Tribe initiates its beneficial use of

surface water pursuant to subsection (a)(3).

(2) SURFACE WATER.—With respect to water rights associated with newly acquired trust lands, the Tribe, and the United

States on the Tribe’s behalf, shall recognize as valid all uses

of surface water in existence on or prior to the date each

parcel of newly acquired trust land is acquired and shall not

object to such surface water uses on the basis of water rights

associated with the newly acquired trust lands, but shall have

the right to enforce the priority of its rights against all junior

water rights the exercise of which interfere with the actual

use of the Tribe’s senior surface water rights.

25 USC 640d

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110 STAT. 3654 PUBLIC LAW 104–301—OCT. 11, 1996

(3) RULE OF CONSTRUCTION.—Nothing in paragraph (1) or

(2) shall preclude the Tribe, or the United States on the Tribe’s

behalf, from asserting objections to water rights and uses on

the basis of the Tribe’s water rights on its currently existing

trust lands.

(c) APPLICABILITY OF STATE LAW ON LANDS OTHER THAN NEWLY

ACQUIRED LANDS.—The Tribe, and the United States on the Tribe’s

behalf, further recognize that State law applies to water uses on

lands, including subsurface estates, that exist within the exterior

boundaries of newly acquired trust lands and that are owned by

any party other than the Tribe.

(d) ADJUDICATION OF WATER RIGHTS ON NEWLY ACQUIRED

TRUST LANDS.—The Tribe’s water rights on newly acquired trust

lands shall be adjudicated with the rights of all other competing

users in the court now presiding over the Little Colorado River

Adjudication, or if that court no longer has jurisdiction, in the

appropriate State or Federal court. Any controversies between or

among users arising under Federal or State law involving the

Tribe’s water rights on newly acquired trust lands shall be resolved

in the court now presiding over the Little Colorado River Adjudication, or, if that court no longer has jurisdiction, in the appropriate

State or Federal court. Nothing in this subsection shall be construed

to affect any court’s jurisdiction: Provided, That the Tribe shall

administer all water rights established in subsection (a).

(e) PROHIBITION.—Water rights for newly acquired trust lands

shall not be used, leased, sold, or transported for use off of such

lands or the Tribe’s other trust lands: Provided, That the Tribe

may agree with other persons having junior water rights to subordinate the Tribe’s senior water rights. Water rights for newly acquired

trust lands can only be used on those lands or other trust lands

of the Tribe located within the same river basin tributary to the

main stream of the Colorado River.

(f) SUBSURFACE INTERESTS.—On any newly acquired trust lands

where the subsurface interest is owned by any party other than

the Tribe, the trust status of the surface ownership shall not impair

any existing right of the subsurface owner to develop the subsurface

interest and to have access to the surface for the purpose of such

development.

(g) STATUTORY CONSTRUCTION WITH RESPECT TO WATER RIGHTS

OF OTHER FEDERALLY RECOGNIZED INDIAN TRIBES.—Nothing in this

section shall affect the water rights of any other federally recognized

Indian tribe with a priority date earlier than the date the newly

acquired trust lands are taken into trust.

(h) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to determine the law applicable to water use on

lands owned by the United States, other than on the newly acquired

trust lands. The granting of the right to make beneficial use of

unappropriated surface water on the newly acquired trust lands

with a priority date such lands are taken into trust shall not

be construed to imply that such right is a Federal reserved water
PUBLIC LAW 104–301—OCT. 11, 1996 110 STAT. 3655

LEGISLATIVE HISTORY—S. 1973:

SENATE REPORTS: No. 104–363 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD, Vol. 142 (1996):

Sept. 26, considered and passed Senate.

Sept. 28, considered and passed House.

Æ

right. Nothing in this section or any other provision of this Act

shall be construed to establish any Federal reserved right to groundwater. Authority for the Secretary to take land into trust for the

Tribe pursuant to the Settlement Agreement and this Act shall

be construed as having been provided solely by the provisions

of this Act.

Approved October 11, 1996.