II 

Calendar No. 324 

109TH CONGRESS 

1ST SESSION S. 1003 

[Report No. 109–206] 

To amend the Act of December 22, 1974, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2005 

Mr. MCCAIN introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

DECEMBER 12, 2005 

Reported by Mr. MCCAIN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Act of December 22, 1974, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Navajo-Hopi Land Settlement Amendments of 2005’’. 
2 

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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMENDMENTS TO THE NAVAJO-HOPI LAND 

SETTLEMENT ACT OF 1974 

Sec. 101. Repeal of sections. 

Sec. 102. Definitions; division of land. 

Sec. 103. Joint ownership of minerals. 

Sec. 104. Actions. 

Sec. 105. Paiute Indian allotments. 

Sec. 106. Partitioned and other designated land. 

Sec. 107. Resettlement land for Navajo Tribe. 

Sec. 108. Office of Navajo and Hopi Indian Relocation. 

Sec. 109. Report. 

Sec. 110. Relocation of households and members. 

Sec. 111. Relocation housing. 

Sec. 112. Payment for use of land. 

Sec. 113. Effect of Act. 

Sec. 114. Actions for accounting, fair value of grazing, and claims for damages 

to land. 

Sec. 115. Joint use. 

Sec. 116. Religious ceremonies; piping of water. 

Sec. 117. Access to religious shrines. 

Sec. 118. Exclusion of payments from certain Federal determinations of income. 

Sec. 119. Authorization of exchange. 

Sec. 120. Severability. 

Sec. 121. Authorization of appropriations. 

Sec. 122. Funding and construction of high school and medical center. 

Sec. 123. Environmental impact; wilderness study; cancellation of leases and 

permits. 

Sec. 124. Attorney fees and court costs. 

Sec. 125. Lobbying. 

Sec. 126. Navajo Rehabilitation Trust Fund. 

Sec. 127. Availability of funds for relocation assistance. 

TITLE II—PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI 

INDIAN RELOCATION 

Sec. 201. Retention preference. 

Sec. 202. Separation pay. 

Sec. 203. Federal retirement. 

TITLE III—TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS 

Sec. 301. Definitions. 

Sec. 302. Transfer of functions. 

Sec. 303. Transfer and allocations of appropriations. 

Sec. 304. Effect of title. 
3 

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1 TITLE I—AMENDMENTS TO THE 

2 ACT OF DECEMBER 22, 1974 

3 SEC. 101. REPEAL OF SECTIONS. 

4 (a) IN GENERAL.—The Act of December 22, 1974 

5 (25 U.S.C. 640d et seq.) is amended in the first undesig6 nated section by striking ‘‘That, (a) within’’ and all that 

7 follows through the end of the section. 

8 (b) ADDITIONAL REPEALS.—Sections 2 through 5 

9 and sections 26 and 30 of the Act of December 22, 1974 

10 (25 U.S.C. 640d–1 through 640d–4; 88 Stat. 1723; 25 

11 U.S.C. 640d–28) are repealed. 

12 SEC. 102. DEFINITIONS; DIVISION OF LAND. 

13 Section 6 of the Act of December 22, 1974 (25 

14 U.S.C. 640d–5) is amended— 

15 (1) by striking ‘‘SEC. 6. The Mediator’’ and all 

16 that follows through subsection (f) and inserting the 

17 following: 

18 ‘‘SECTION 1. DEFINITIONS. 

19 ‘‘In this Act: 

20 ‘‘(1) DISTRICT COURT.—The term ‘District 

21 Court’ means the United States District Court for 

22 the District of Arizona. 

23 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

24 the Secretary of the Interior. 

25 ‘‘(3) TRIBE.—The term ‘Tribe’ means— 
4 

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1 ‘‘(A) the Navajo Indian Tribe; and 

2 ‘‘(B) the Hopi Indian Tribe. 

3 ‘‘SEC. 2. DIVISION OF LAND. 

4 ‘‘(a) DIVISION.— 

5 ‘‘(1) IN GENERAL.—The land located within the 

6 boundaries of the reservation established by Execu7 tive order on December 16, 1982, shall be divided 

8 into parcels of equal acreage and quality— 

9 ‘‘(A) to the maximum extent practicable; 

10 and 

11 ‘‘(B) in accordance with the final order 

12 issued by the District Court on August 30, 

13 1978 (providing for the partition of the surface 

14 rights and interest of the Tribes). 

15 ‘‘(2) VALUATION OF PARCELS.—For the pur16 pose of calculating the value of a parcel produced by 

17 a division under paragraph (1), the Secretary 

18 shall— 

19 ‘‘(A) take into account any improvement 

20 on the land; and 

21 ‘‘(B) consider the grazing capacity of the 

22 land to be fully restored. 

23 ‘‘(3) COMPENSATION BY TRIBES.—If the parti24 tion under paragraph (1) results in parcels of un25 equal value, as determined by the Secretary, the 
5 

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1 Tribe that receives the more valuable parcel shall 

2 pay to the other Tribe compensation in an amount 

3 equal to the difference in the values of the parcels, 

4 as determined by the Secretary. 

5 ‘‘(4) COMPENSATION BY FEDERAL GOVERN6 MENT.—If the District Court determines that the 

7 failure of the Federal Government to fulfill an obli8 gation of the Government decreased the value of a 

9 parcel under paragraph (1), the Government shall 

10 pay to the recipient of the parcel compensation in an 

11 amount equal to the difference between— 

12 ‘‘(A) the decreased value of the parcel; and 

13 ‘‘(B) the value of the fully restored par14 cel.’’; 

15 (2) by striking ‘‘(g) Any’’ and inserting the fol16 lowing: 

17 ‘‘(b) LICENSE FEES AND RENTS.—Any’’; and 

18 (3) by striking ‘‘(h) Any’’ and inserting the fol19 lowing: 

20 ‘‘(c) GRAZING AND AGRICULTURAL USE.—Any’’. 

21 SEC. 103. JOINT OWNERSHIP OF MINERALS. 

22 Section 7 of the Act of December 22, 1974 (25 

23 U.S.C. 640d–6) is amended— 

24 (1) by striking ‘‘SEC. 7. Partition’’ and insert25 ing the following: 
6 

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1 ‘‘SEC. 3. JOINT OWNERSHIP OF MINERALS. 

2 ‘‘(a) IN GENERAL.—Partition’’; and 

3 (2) in the second sentence, by striking ‘‘All’’ 

4 and inserting the following: 

5 ‘‘(b) JOINT MANAGEMENT.—All’’. 

6 SEC. 104. ACTIONS. 

7 Section 8 of the Act of December 22, 1974 (25 

8 U.S.C. 640d–7) is amended— 

9 (1) by striking ‘‘SEC. 8. (a) Either Tribe’’ and 

10 inserting the following: 

11 ‘‘SEC. 4. ACTIONS. 

12 ‘‘(a) ACTIONS IN DISTRICT COURT.—Either Tribe’’; 

13 (2) in subsection (b)— 

14 (A) in the first sentence, by striking ‘‘(b) 

15 Lands, if any,’’ and inserting the following: 

16 ‘‘(b) ALLOCATION OF LAND.— 

17 ‘‘(1) NAVAJO RESERVATION.—Any land’’; 

18 (B) in the second sentence, by striking 

19 ‘‘Lands, if any,’’ and inserting the following: 

20 ‘‘(2) HOPI RESERVATION.—Any land’’; and 

21 (C) in the third sentence, by striking ‘‘Any 

22 lands’’ and inserting the following: 

23 ‘‘(3) JOINT AND UNDIVIDED INTERESTS.—Any 

24 land’’; 

25 (3) in subsection (c)— 
7 

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1 (A) by striking ‘‘(c)(1) Either’’ and insert2 ing the following: 

3 ‘‘(c) EXCHANGE OF LAND.— 

4 ‘‘(1) IN GENERAL.—Either’’; 

5 (B) in paragraph (2), by striking ‘‘(2) In 

6 the event’’ and inserting the following: 

7 ‘‘(2) INTERESTS OF TRIBES.—If’’; 

8 (C) in paragraph (3), by striking ‘‘(3) Nei9 ther’’ and inserting the following: 

10 ‘‘(3) DEFENSE.—Neither’’; and 

11 (D) by striking ‘‘section 18’’ each place it 

12 appears and inserting ‘‘section 14’’; 

13 (4) in subsection (d), by striking ‘‘(d) Nothing’’ 

14 and inserting the following: 

15 ‘‘(d) EFFECT OF SECTION.—Nothing’’; 

16 (5) in subsection (e), by striking ‘‘(e) The’’ and 

17 inserting the following: 

18 ‘‘(e) PAYMENT OF LEGAL FEES, COURT COSTS, AND

19 OTHER EXPENSES.—The’’; and 

20 (6) by striking subsection (f). 

21 SEC. 105. PAIUTE INDIAN ALLOTMENTS. 

22 Section 9 of the Act of December 22, 1974 (25 

23 U.S.C. 640d–8) is amended by striking ‘‘SEC. 9. Notwith24 standing’’ and inserting the following: 
8 

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1 ‘‘SEC. 5. PAIUTE INDIAN ALLOTMENTS. 

2 ‘‘Notwithstanding’’. 

3 SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND. 

4 Section 10 of the Act of December 22, 1974 (25 

5 U.S.C. 640d–9) is amended— 

6 (1) by striking ‘‘SEC. 10. (a) Subject’’ and in7 serting the following: 

8 ‘‘SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND. 

9 ‘‘(a) NAVAJO TRUST LAND.—Subject’’; 

10 (2) in subsection (a), by striking ‘‘section 9 and 

11 subsection (a) of section 17’’ and inserting ‘‘sections 

12 5 and 13(a)’’; 

13 (3) in subsection (b)— 

14 (A) by striking ‘‘(b) Subject’’ and inserting 

15 the following: 

16 ‘‘(b) HOPI TRUST LAND.—Subject’’; 

17 (B) by striking ‘‘section 9 and subsection 

18 (a) of section 17’’ and inserting ‘‘sections 5 and 

19 13(a)’’; 

20 (C) by striking ‘‘section 3 or 4’’ and in21 serting ‘‘section 1 2’’; and 

22 (D) by striking ‘‘section 8’’ and inserting 

23 ‘‘section 4’’; 

24 (4) in subsection (c)— 

25 (A) by striking ‘‘(c) The’’ and inserting the 

26 following: 
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1 ‘‘(c) PROTECTION OF RIGHTS AND PROPERTY.— 

2 The’’; and 

3 (B) by striking ‘‘pursuant thereto’’ and all 

4 that follows through the end of the subsection 

5 and inserting ‘‘pursuant to this Act’’; 

6 (5) in subsection (d), by striking ‘‘(d) With’’ 

7 and inserting the following: 

8 ‘‘(d) PROTECTION OF BENEFITS AND SERVICES.— 

9 With’’; and 

10 (6) in subsection (e)— 

11 (A) by striking ‘‘(e)(1) Lands’’ and insert12 ing the following: 

13 ‘‘(e) TRIBAL JURISDICTION OVER PARTITIONED

14 LAND.— 

15 ‘‘(1) IN GENERAL.—Land’’; 

16 (B) by adjusting the margins of subpara17 graphs (A) and (B) of paragraph (1) appro18 priately; and 

19 (C) in the matter following subparagraph 

20 (B)— 

21 (i) by striking ‘‘The provisions’’ and 

22 inserting the following: 

23 ‘‘(2) RESPONSIBILITY OF SECRETARY.—The 

24 provisions’’; and 

25 (ii) by striking ‘‘life tenants and’’. 
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1 SEC. 107. RESETTLEMENT LAND FOR NAVAJO TRIBE. 

2 (a) IN GENERAL.—Section 11(a) of the Act of De3 cember 22, 1974 (25 U.S.C. 640d–10(a)) is amended— 

4 (1) by striking ‘‘SEC. 11. (a) The Secretary’’ 

5 and inserting the following: 

6 ‘‘SEC. 7. RESETTLEMENT LAND FOR NAVAJO TRIBE. 

7 ‘‘(a) TRANSFER OF LAND.— 

8 ‘‘(1) IN GENERAL.—The Secretary’’; 

9 (2) by striking ‘‘(1) transfer not to exceed two 

10 hundred and fifty thousand acres of lands’’ and in11 serting the following: 

12 ‘‘(A) transfer not more than 250,000 acres 

13 of land’’; 

14 (3) by striking ‘‘Tribe: Provided, That’’ and all 

15 that follows through ‘‘as possible.’’ and inserting 

16 ‘‘Tribe; and’’; 

17 (4) in the first paragraph designated as para18 graph (2)— 

19 (A) by striking ‘‘(2) on behalf’’ and insert20 ing the following: 

21 ‘‘(B) on behalf’’; and 

22 (B) by striking the second sentence; 

23 (5) in the matter following paragraph (1)(B) 

24 (as redesignated by paragraph (4))— 

25 (A) in the first sentence— 
11 

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1 (i) by striking ‘‘Subject to’’ and all 

2 that follows through ‘‘all rights’’ and in3 serting the following: 

4 ‘‘(4) REQUIREMENTS OF TRANSFER.— 

5 ‘‘(A) IN GENERAL.—Subject to this para6 graph, all rights’’; and 

7 (ii) by striking ‘‘paragraph (1)’’ and 

8 inserting ‘‘paragraph (1)(A)’’; 

9 (B) in the second sentence, by striking ‘‘So 

10 long as’’ and inserting the following: 

11 ‘‘(B) COAL LEASE APPLICATIONS.— 

12 ‘‘(i) IN GENERAL.—If’’; 

13 (C) in the third sentence, by striking ‘‘If 

14 such adjudication’’ and inserting the following: 

15 ‘‘(ii) ISSUANCE OF LEASES.—If an ad16 judication under clause (i)’’; 

17 (D) in the fourth sentence, by striking 

18 ‘‘The leaseholders rights and interests’’ and in19 serting the following: 

20 ‘‘(iii) RIGHTS AND INTERESTS OF

21 LEASEHOLDERS.—The rights and interests 

22 of a holder of a lease described in clause 

23 (i)’’; and 

24 (E) in the fifth sentence, by striking ‘‘If 

25 any’’ and inserting the following: 
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1 ‘‘(C) CLAIMS UNDER MINING LAW.—If 

2 any’’; 

3 (6) by inserting after paragraph (1)(B) (as re4 designated by paragraph (4)) the following: 

5 ‘‘(2) EXCHANGE OF LAND.— 

6 ‘‘(A) IN GENERAL.—In order to facilitate a 

7 transfer of land under paragraph (1)(A), the 

8 Secretary may exchange land described in para9 graph (1)(A) for State or private land of equal 

10 value. 

11 ‘‘(B) UNEQUAL VALUE.—If the State or 

12 private land described in subparagraph (A) is of 

13 unequal value to the land described in para14 graph (1)(A), the recipient of the land that is 

15 of greater value shall pay to the other party to 

16 the exchange under subparagraph (A) com17 pensation in an amount not to exceed the lesser 

18 of— 

19 ‘‘(i) the difference between the values 

20 of the land exchanged; or 

21 ‘‘(ii) the amount that is 25 percent of 

22 the total value of the land transferred from 

23 the Secretary to the Navajo Tribe. 

24 ‘‘(C) RESPONSIBILITY OF SECRETARY.— 

25 The Secretary shall ensure that the amount of 
13 

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1 a payment under subparagraph (B) is as mini2 mal as practicable. 

3 ‘‘(3) TITLE TO LAND ACCEPTED.—The Sec4 retary shall accept title to land under paragraph 

5 (1)(B) on behalf of the United States in trust for 

6 the benefit of the Navajo Tribe as a part of the Nav7 ajo reservation.’’; and 

8 (7) in the second paragraph designated as para9 graph (2)— 

10 (A) in the first sentence— 

11 (i) by striking ‘‘(2) Those’’ and insert12 ing the following: 

13 ‘‘(5) STATE RIGHTS.— 

14 ‘‘(A) IN GENERAL.—The’’; and 

15 (ii) by striking ‘‘subsection 2 of this 

16 section’’ and inserting ‘‘paragraph (1)(B)’’; 

17 and 

18 (B) in the second sentence, by striking 

19 ‘‘The’’ and inserting the following: 

20 ‘‘(B) STATE INTERESTS.—The’’. 

21 (b) PROXIMITY OF LAND; EXCHANGES OF LAND.— 

22 Section 11(b) of the Act of December 22, 1974 (25 U.S.C. 

23 640d–10(b)) is amended by striking ‘‘(b) A border’’ and 

24 inserting the following: 
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1 ‘‘(b) PROXIMITY OF LAND TO BE TRANSFERRED OR

2 ACQUIRED.—A border’’. 

3 (c) SELECTION OF LAND.—Section 11(c) of the Act 

4 of December 22, 1974 (25 U.S.C. 640d–10(c)) is amend5 ed— 

6 (1) by striking ‘‘(c) Lands’’ and inserting the 

7 following: 

8 ‘‘(c) SELECTION OF LAND TO BE TRANSFERRED OR

9 ACQUIRED.—Land’’; and 

10 (2) by striking the period at the end and insert11 ing the following: ‘‘: Provided further, That the au12 thority of the Commissioner to select lands under 

13 this subsection shall terminate on September 30, 

14 2008.’’. 

15 (d) REPORTS.—Section 11(d) of the Act of December 

16 22, 1974 (25 U.S.C. 640d–10(d)) is amended by striking 

17 ‘‘(d) The’’ and inserting the following: 

18 ‘‘(d) REPORTS.—The’’. 

19 (e) PAYMENTS.—Section 11(e) of the Act of Decem20 ber 22, 1974 (25 U.S.C. 640d–10(e)) is amended by strik21 ing ‘‘(e) Payments’’ and inserting the following: 

22 ‘‘(e) PAYMENTS.—Payments’’. 

23 (f) ACQUISITION OF TITLE TO SURFACE AND SUB24 SURFACE INTERESTS.—Section 11(f) of the Act of Decem25 ber 22, 1974 (25 U.S.C. 640d–10(f)) is amended— 
15 

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1 (1) by striking ‘‘(f)(1) For’’ and inserting the 

2 following: 

3 ‘‘(f) ACQUISITION OF TITLE TO SURFACE AND SUB4 SURFACE INTERESTS.— 

5 ‘‘(1) IN GENERAL.—For’’; 

6 (2) in paragraph (2), by striking ‘‘(2) If’’ and 

7 inserting the following: 

8 ‘‘(2) PUBLIC NOTICE; REPORT.—If’’; and 

9 (3) in paragraph (3), by striking ‘‘(3) In any 

10 case where’’ and inserting the following: 

11 ‘‘(3) RIGHTS OF SUBSURFACE OWNERS.—If’’. 

12 (g) LAND NOT AVAILABLE FOR TRANSFER.—Section 

13 11(g) of the Act of December 22, 1974 (25 U.S.C. 640d– 

14 10(g)) is amended by striking ‘‘(g) No’’ and inserting the 

15 following: 

16 ‘‘(g) LAND NOT AVAILABLE FOR TRANSFER.—No’’. 

17 (h) ADMINISTRATION OF LAND TRANSFERRED OR

18 ACQUIRED.—Section 11(h) of the Act of December 22, 

19 1974 (25 U.S.C. 640d–10(h)) is amended— 

20 (1) by striking ‘‘(h) The lands’’ and inserting 

21 the following: 

22 ‘‘(h) ADMINISTRATION OF LAND TRANSFERRED OR

23 ACQUIRED.— 

24 ‘‘(1) IN GENERAL.—The land’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(2) RELOCATION.— 

2 ‘‘(A) IN GENERAL.—In order to facilitate 

3 relocation of a member of a Tribe, the Commis4 sioner may grant a homesite lease on land ac5 quired under this section to a member of the 

6 extended family of a Navajo Indian who is cer7 tified as eligible to receive benefits under this 

8 Act. 

9 ‘‘(B) EXCEPTION.—The Commissioner 

10 may not use any funds available to the Commis11 sioner to carry out this Act to provide housing 

12 to an extended family member described in sub13 paragraph (A).’’. 

14 (i) NEGOTIATIONS REGARDING LAND EXCHANGES

15 AND LEASES.—Section 11(i) of the Act of December 22, 

16 1974 (25 U.S.C. 640d–10(i)) is amended— 

17 (1) by striking ‘‘(i) The’’ and inserting the fol18 lowing: 

19 ‘‘(i) NEGOTIATIONS REGARDING LAND EXCHANGES

20 AND LEASES.—The’’; and 

21 (2) by striking ‘‘section 23’’ and inserting ‘‘sec22 tion 19’’. 
17 

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1 SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCA2 TION. 

3 Section 12 of the Act of December 22, 1974 (25 

4 U.S.C. 640d–11) is amended— 

5 (1) by striking ‘‘SEC. 12. (a) There is hereby’’ 

6 and inserting the following: 

7 ‘‘SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCA8 TION. 

9 ‘‘(a) ESTABLISHMENT.—There is’’; 

10 (2) in subsection (b), by striking ‘‘(b) The’’ and 

11 inserting the following: 

12 ‘‘(b) APPOINTMENT.—The’’; 

13 (3) in subsection (c)— 

14 (A) by striking ‘‘(c)(1)(A) Except’’ and in15 serting the following: 

16 ‘‘(c) CONTINUATION OF POWERS.— 

17 ‘‘(1) POWERS AND DUTIES OF COMMISSIONER; 

18 EXISTING FUNDS.— 

19 ‘‘(A) POWERS AND DUTIES OF COMMIS20 SIONER.—Except’’; 

21 (B) in paragraph (1)(B), by striking ‘‘(B) 

22 All’’ and inserting the following: 

23 ‘‘(B) EXISTING FUNDS.—All’’; and 

24 (C) in paragraph (2), by striking ‘‘(2) 

25 There are hereby’’ and inserting the following: 

26 ‘‘(2) TRANSFER OF POWERS.—There are’’; 
18 

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1 (4) in subsection (d)— 

2 (A) by striking ‘‘(d)(1) Subject’’ and in3 serting the following: 

4 ‘‘(d) POWERS OF COMMISSIONER.— 

5 ‘‘(1) IN GENERAL.—Subject’’; 

6 (B) by adjusting the margins of subpara7 graphs (A) and (B) of paragraph (1) appro8 priately; 

9 (C) in paragraph (2), by striking ‘‘(2) 

10 The’’ and inserting the following: 

11 ‘‘(2) CONTRACTS.—The’’; and 

12 (D) in paragraph (3), by striking ‘‘(3) 

13 There’’ and inserting the following: 

14 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

15 There’’; 

16 (5) in subsection (e)— 

17 (A) by striking ‘‘(e)(1)’’ and inserting the 

18 following: 

19 ‘‘(e) ADMINISTRATION.— 

20 ‘‘(1) ADMINISTRATIVE, FISCAL, AND HOUSE21 KEEPING SERVICES.—’’. 

22 (B) in paragraph (1)— 

23 (i) in the first sentence, by striking 

24 ‘‘The’’ and inserting the following: 

25 ‘‘(A) IN GENERAL.—The’’; and 
19 

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1 (ii) in the second sentence, by striking 

2 ‘‘In any’’ and inserting the following: 

3 ‘‘(B) ASSISTANCE FROM DEPARTMENTS

4 AND AGENCIES.—In any’’; and 

5 (C) in paragraph (2), by striking ‘‘(2) On’’ 

6 and inserting the following: 

7 ‘‘(2) FAILURE TO PROVIDE ASSISTANCE.—On’’; 

8 (6) by striking subsection (f) and inserting the 

9 following: 

10 ‘‘(f) TERMINATION.— 

11 ‘‘(1) IN GENERAL.—The Office of Navajo and 

12 Hopi Indian Relocation shall terminate on Sep13 tember 30, 2008. 

14 ‘‘(2) TRANSFER OF OFFICE DUTIES.—On the 

15 date of termination of the Office, any duty of the 

16 Office that has not been carried out, as determined 

17 in accordance with this Act, shall be transferred to 

18 the Secretary in accordance with title III of the Nav19 ajo-Hopi Land Settlement Amendments of 2005.’’; 

20 and 

21 (7) by adding at the end the following: 

22 ‘‘(g) OFFICE OF RELOCATION.— 

23 ‘‘(1) ESTABLISHMENT.—Effective on October 

24 1, 2006, there is established in the Department of 

25 the Interior an Office of Relocation. 
20 

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1 ‘‘(2) DUTIES.—The Secretary, acting through 

2 the Office of Relocation, shall carry out the duties 

3 of the Office of Navajo and Hopi Indian Relocation 

4 that are transferred to the Secretary in accordance 

5 with title III of the Navajo-Hopi Land Settlement 

6 Amendments of 2005. 

7 ‘‘(3) TERMINATION.—The Office of Relocation 

8 shall terminate on the date on which the Secretary 

9 determines that the duties of the Office have been 

10 carried out.’’. 

11 SEC. 109. REPORT. 

12 Section 13 of the Act of December 22, 1974 (25 

13 U.S.C. 640d–12) is amended— 

14 (1) by striking ‘‘SEC. 13. (a) By no’’ and insert15 ing the following: 

16 ‘‘SEC. 9. REPORT. 

17 ‘‘(a) IN GENERAL.—Not’’; and 

18 (2) in subsection (b)— 

19 (A) by striking ‘‘(b) The’’ and inserting 

20 the following: 

21 ‘‘(b) INCLUSIONS.—The’’; and 

22 (B) by striking ‘‘contain, among other 

23 matters, the following:’’ and inserting ‘‘in24 clude—’’. 
21 

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1 SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS. 

2 Section 14 of the Act of December 22, 1974 (25 

3 U.S.C. 640d–13) is amended— 

4 (1) by striking ‘‘SEC. 14. (a)’’ and inserting the 

5 following: 

6 ‘‘SEC. 10. RELOCATION OF HOUSEHOLDS AND MEMBERS. 

7 ‘‘(a) AUTHORIZATION.—’’; 

8 (2) in subsection (a)— 

9 (A) in the first sentence— 

10 (i) by striking ‘‘Consistent’’ and in11 serting the following: 

12 ‘‘(1) IN GENERAL.—Consistent’’; 

13 (ii) by striking ‘‘section 8’’ each place 

14 it appears and inserting ‘‘section 4’’; and 

15 (iii) by striking ‘‘section 3 or 4’’ and 

16 inserting ‘‘section 1 2’’; 

17 (B) by striking the second sentence; 

18 (C) in the third sentence, by striking ‘‘No 

19 further’’ and inserting the following: 

20 ‘‘(2) SETTLEMENTS OF NAVAJO.—No further’’; 

21 (D) in the fourth sentence, by striking ‘‘No 

22 further’’ and inserting the following: 

23 ‘‘(3) SETTLEMENTS OF HOPI.—No further’’; 

24 and 

25 (E) in the fifth sentence, by striking ‘‘No 

26 individual’’ and inserting the following: 
22 

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1 ‘‘(4) GRAZING.—No individual’’; 

2 (3) in subsection (b)— 

3 (A) by striking ‘‘(b) In addition’’ and in4 serting the following: 

5 ‘‘(b) ADDITIONAL PAYMENTS TO HEADS OF HOUSE6 HOLDS.—In addition’’; 

7 (B) by striking ‘‘section 15’’ and inserting 

8 ‘‘section 11’’; and 

9 (C) by striking ‘‘section 13’’ and inserting 

10 ‘‘section 9’’; 

11 (4) in subsection (c), by striking ‘‘(c) No’’ and 

12 inserting the following: 

13 ‘‘(c) PAYMENTS FOR PERSONS MOVING AFTER A

14 CERTAIN DATE.—No’’; and 

15 (5) by adding at the end the following: 

16 ‘‘(d) PROHIBITION.—No payment for benefits under 

17 this Act may be made to any head of a household if, as 

18 of September 30, 2005, that head of household has not 

19 been certified as eligible to receive the payment.’’. 

20 SEC. 111. RELOCATION HOUSING. 

21 Section 15 of the Act of December 22, 1974 (25 

22 U.S.C. 640d–14) is amended— 

23 (1) by striking ‘‘SEC. 15. (a)’’ and inserting the 

24 following: 
23 

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1 ‘‘SEC. 11. RELOCATION HOUSING. 

2 ‘‘(a) PURCHASE OF HABITATION AND IMPROVE3 MENTS.—’’; 

4 (2) in subsection (a)— 

5 (A) in the first sentence, by striking ‘‘The 

6 Commission’’ and inserting the following: 

7 ‘‘(1) IN GENERAL.—The Commission’’; and 

8 (B) in the second sentence— 

9 (i) by striking ‘‘The purchase’’ and in10 serting the following: 

11 ‘‘(2) PURCHASE PRICE.—The purchase’’; and 

12 (ii) by striking ‘‘as determined under 

13 clause (2) of subsection (b) of section 13’’; 

14 (3) in subsection (b)— 

15 (A) by striking ‘‘(b) In addition’’ and in16 serting the following: 

17 ‘‘(b) REIMBURSEMENT FOR MOVING EXPENSES AND

18 PAYMENT FOR REPLACEMENT DWELLING.—In addition’’; 

19 (B) by striking ‘‘shall:’’ and inserting 

20 ‘‘shall—’’; and 

21 (C) in paragraph (1), by inserting ‘‘and’’ 

22 after the semicolon at the end; 

23 (4) in subsection (c)— 

24 (A) by striking ‘‘(c) In implementing’’ and 

25 inserting the following: 

26 ‘‘(c) STANDARDS; CERTAIN PAYMENTS.— 
24 

•S 1003 RS

1 ‘‘(1) STANDARDS.—In carrying out’’; and 

2 (B) in the second sentence— 

3 (i) by striking ‘‘No payment’’ and in4 serting the following: 

5 ‘‘(2) CERTAIN PAYMENTS.—No payment’’; 

6 (ii) by striking ‘‘section 8’’ and insert7 ing ‘‘section 4’’; and 

8 (iii) by striking ‘‘section 3 or 4’’ and 

9 inserting ‘‘section 1 2’’; 

10 (5) in subsection (d)— 

11 (A) by striking ‘‘(d) The’’ and inserting 

12 the following: 

13 ‘‘(d) METHODS OF PAYMENT.—The’’; 

14 (B) by striking ‘‘(1) Should’’ and inserting 

15 the following: 

16 ‘‘(1) HOME OWNERSHIP OPPORTUNITY

17 PROJECTS.—Should’’; 

18 (C) by striking ‘‘(2) Should’’ and inserting 

19 the following: 

20 ‘‘(2) PURCHASED AND CONSTRUCTED DWELL21 INGS.—Should’’; and 

22 (D) by striking ‘‘(3) Should’’ and inserting 

23 the following: 

24 ‘‘(3) FAILURE TO ARRANGE RELOCATION.— 

25 Should’’; 
25 

•S 1003 RS

1 (6) in subsection (e)— 

2 (A) by striking ‘‘(e) The’’ and inserting the 

3 following: 

4 ‘‘(e) DISPOSAL OF ACQUIRED DWELLINGS AND IM5 PROVEMENTS.—The’’; 

6 (B) by striking ‘‘section 8’’ and inserting 

7 ‘‘section 4’’; and 

8 (C) by striking ‘‘section 3 or 4’’ and in9 serting ‘‘section 1 2’’; 

10 (7) in subsection (f), by striking ‘‘(f) Notwith11 standing’’ and inserting the following: 

12 ‘‘(f) PREFERENTIAL TREATMENT.—Notwith13 standing’’; and 

14 (8) by striking subsection (g) and inserting the 

15 following: 

16 ‘‘(g) BENEFITS HELD IN TRUST.— 

17 ‘‘(1) IN GENERAL.—Not later than September 

18 30, 2008, the Commissioner shall notify the Sec19 retary of the identity of any head of household that, 

20 as of that date— 

21 ‘‘(A) is certified as eligible to receive bene22 fits under this Act; 

23 ‘‘(B) does not reside on land that has been 

24 partitioned to the Tribe of which the head of 

25 household is a member; and 
26 

•S 1003 RS

1 ‘‘(C) has not received a replacement home. 

2 ‘‘(2) TRANSFER OF FUNDS.—Not later than 

3 September 30, 2008, the Commissioner shall trans4 fer to the Secretary any funds not used by the Com5 missioner to make payments under this Act to eligi6 ble heads of households. 

7 ‘‘(3) DISPOSITION OF TRANSFERRED FUNDS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 hold any funds transferred under paragraph (2) 

10 in trust for the heads of households described 

11 in paragraph (1)(A). 

12 ‘‘(B) PAYMENT AMOUNTS.—Of the funds 

13 held in trust under subparagraph (A), the Sec14 retary shall make payments to heads of house15 holds described in paragraph (1)(A) in amounts 

16 that would have been made to the heads of 

17 households under this Act before September 30, 

18 2008— 

19 ‘‘(i) on receipt of a request of a head 

20 of household, to be used for a replacement 

21 home; or 

22 ‘‘(ii) on the date of death of the head 

23 of household, if the head of household does 

24 not make a request under clause (i), in ac25 cordance with subparagraph (C). 
27 

•S 1003 RS

1 ‘‘(C) DISTRIBUTION OF FUNDS ON DEATH

2 OF HEAD OF HOUSEHOLD.—If the Secretary 

3 holds funds in trust under this paragraph for a 

4 head of household described in paragraph 

5 (1)(A) on the death of the head of household, 

6 the Secretary shall— 

7 ‘‘(i) identify and notify any heir of the 

8 head of household; and 

9 ‘‘(ii) distribute the funds held by the 

10 Secretary for the head of household to any 

11 heir— 

12 ‘‘(I) immediately, if the heir is at 

13 least 18 years old; or 

14 ‘‘(II) if the heir is younger than 

15 18 years old on the date on which the 

16 Secretary identified the heir, on the 

17 date on which the heir attains the age 

18 of 18. 

19 ‘‘(h) NOTIFICATION.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of the Navajo-Hopi 

22 Land Settlement Amendments of 2005, the Commis23 sioner shall notify each eligible head of household 

24 who has not entered into a lease with the Hopi Tribe 

25 to reside on land partitioned to the Hopi Tribe, in 
28 

•S 1003 RS

1 accordance with section 700.138 of title 25, Code of 

2 Federal Regulations (or a successor regulation). 

3 ‘‘(2) LIST.—On the date on which a notice pe4 riod referred to in section 700.139 of title 25, Code 

5 of Federal Regulations (or a successor regulation), 

6 expires, the Commissioner shall submit to the Sec7 retary and the United States Attorney for the Dis8 trict of Arizona a list containing the name and ad9 dress of each eligible head of household who— 

10 ‘‘(A) continues to reside on land that has 

11 not been partitioned to the Tribe of the head of 

12 household; and 

13 ‘‘(B) has not entered into a lease to reside 

14 on that land. 

15 ‘‘(3) CONSTRUCTION OF REPLACEMENT

16 HOMES.—Before July 1, 2008, but not later than 90 

17 days after receiving a notice of the imminent re18 moval of a relocatee from land provided to the Hopi 

19 Tribe under this Act from the Secretary or the 

20 United States Attorney for the District of Arizona, 

21 the Commissioner may begin construction of a re22 placement home on any land acquired under section 

23 6. 

24 ‘‘(i) APPEALS.— 
29 

•S 1003 RS

1 ‘‘(1) IN GENERAL.—The Commissioner shall es2 tablish an expedited hearing procedure for any ap3 peal relating to the denial of eligibility for benefits 

4 under this Act (including regulations promulgated 

5 pursuant to this Act) that is pending on, or filed 

6 after, the date of enactment of Navajo-Hopi Land 

7 Settlement Amendments of 2005. 

8 ‘‘(2) FINAL DETERMINATIONS.—The hearing 

9 procedure established under paragraph (1) shall— 

10 ‘‘(A) provide for a hearing before an im11 partial third party, as the Commissioner deter12 mines necessary: and 

13 ‘‘(B) ensure that a final determination is 

14 made by the Office of Navajo and Hopi Indian 

15 Relocation for each appeal described in para16 graph (1) by not later than January 1, 2008. 

17 ‘‘(3) NOTICE.— 

18 ‘‘(A) IN GENERAL.—Not later than 30 

19 days after the date of enactment of the Navajo20 Hopi Land Settlement Amendments of 2005, 

21 the Commissioner shall provide written notice 

22 to any individual that the Commissioner deter23 mines may have the right to a determination of 

24 eligibility for benefits under this Act. 
30 

•S 1003 RS

1 ‘‘(B) REQUIREMENTS FOR NOTICE.—The 

2 notice provided under subparagraph (A) shall— 

3 ‘‘(i) specify that a request for a deter4 mination of eligibility for benefits under 

5 this Act shall be presented to the Commis6 sion not later than 180 days after the date 

7 on which the notice is issued; and 

8 ‘‘(ii) be provided— 

9 ‘‘(I) by mail (including means 

10 other than certified mail) to the last 

11 known address of the recipient; and 

12 ‘‘(II) in a newspaper of general 

13 circulation in the geographic area in 

14 which an address referred to in sub15 clause (I) is located. 

16 ‘‘(j) PROCUREMENT OF SERVICES.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of this Act, to ensure the full and fair eval19 uation of the requests referred to in subsection 

20 (i)(3)(A) (including an appeal hearing before an im21 partial third party referred to in subsection 

22 (i)(2)(A)), the Commissioner may enter into such 

23 contracts or agreements to procure such services, 

24 and employ such personnel (including attorneys), as 

25 the Commissioner determines to be necessary. 
31 

•S 1003 RS

1 ‘‘(2) DETAIL OF ADMINISTRATIVE LAW JUDGES

2 OR HEARING OFFICERS.—The Commissioner may re3 quest the Secretary to act through the Director of 

4 the Office of Hearings and Appeals to make avail5 able to the Office of Navajo and Hopi Indian Relo6 cation an administrative law judge or other hearing 

7 officer with appropriate qualifications to review the 

8 requests referred to in subsection (i)(3)(A), as deter9 mined by the Commissioner. 

10 ‘‘(k) APPEAL TO UNITED STATES CIRCUIT COURT OF

11 APPEALS.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

13 any individual who, under the procedures established 

14 by the Commissioner pursuant to this section, is de15 termined not to be eligible to receive benefits under 

16 this Act may appeal that determination to the 

17 United States Circuit Court of Appeals for the 

18 Ninth Circuit (referred to in this subsection as the 

19 ‘Circuit Court’). 

20 ‘‘(2) REVIEW.— 

21 ‘‘(A) IN GENERAL.—The Circuit Court 

22 shall, with respect to each appeal described in 

23 paragraph (1)— 

24 ‘‘(i) review the entire record (as cer25 tified to the Circuit Court under paragraph 
32 

•S 1003 RS

1 (3)) on which a determination of the ineli2 gibility of the appellant to receive benefits 

3 under this Act was based; and 

4 ‘‘(ii) on the basis of that review, af5 firm or reverse that determination. 

6 ‘‘(B) STANDARD OF REVIEW.—The Circuit 

7 Court shall affirm any determination that the 

8 Circuit Court determines to be supported by 

9 substantial evidence. 

10 ‘‘(3) NOTICE OF APPEAL.— 

11 ‘‘(A) IN GENERAL.—Not later than 30 

12 days after a determination of ineligibility under 

13 paragraph (1), an affected individual shall file 

14 a notice of appeal with— 

15 ‘‘(i) the Circuit Court; and 

16 ‘‘(ii) the Commissioner. 

17 ‘‘(B) CERTIFICATION OF RECORD.—On re18 ceipt of a notice under subparagraph (A)(ii), 

19 the Commissioner shall submit to the Circuit 

20 Court the certified record on which the deter21 mination that is the subject of the appeal was 

22 made. 

23 ‘‘(C) REVIEW PERIOD.—Not later than 60 

24 days after receiving a certified record under 

25 subparagraph (B), the Circuit Court shall con-
33 

•S 1003 RS

1 duct a review and file a decision regarding an 

2 appeal in accordance with paragraph (2). 

3 ‘‘(D) BINDING DECISION.—A decision 

4 made by the Circuit Court under this sub5 section shall be final and binding on all par6 ties.’’. 

7 SEC. 112. PAYMENT FOR USE OF LAND. 

8 Section 16 of the Act of December 22, 1974 (25 

9 U.S.C. 640d–15) is amended— 

10 (1) by striking ‘‘SEC. 16. (a) The Navajo’’ and 

11 inserting the following: 

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

13 ‘‘(a) IN GENERAL.—The Navajo’’; 

14 (2) in subsection (a), by striking ‘‘sections 8 

15 and 3 or 4’’ and inserting ‘‘sections 1 2 and 4’’; and 

16 (3) in subsection (b)— 

17 (A) by striking ‘‘(b) The’’ and inserting 

18 the following: 

19 ‘‘(b) PAYMENT.—The’’; and 

20 (B) by striking ‘‘sections 8 and 3 or 4’’ 

21 and inserting ‘‘sections 1 2 and 4’’. 

22 SEC. 113. EFFECT OF ACT. 

23 Section 17 of the Act of December 22, 1974 (25 

24 U.S.C. 640d–16) is amended— 
34 

•S 1003 RS

1 (1) by striking ‘‘SEC. 17. (a)’’ and inserting the 

2 following: 

3 ‘‘SEC. 13. EFFECT OF ACT. 

4 ‘‘(a) TITLE, POSSESSION, AND ENJOYMENT.—’’; 

5 (2) in subsection (a)— 

6 (A) in the first sentence, by striking 

7 ‘‘Nothing’’ and inserting the following: 

8 ‘‘(1) IN GENERAL.—Nothing’’; and 

9 (B) in the second sentence, by striking 

10 ‘‘Such’’ and inserting the following: 

11 ‘‘(2) RESIDENCE ON OTHER RESERVATIONS.— 

12 Any’’; and 

13 (3) in subsection (b), by striking ‘‘(b) Nothing’’ 

14 and inserting the following: 

15 ‘‘(b) FEDERAL EMPLOYEES.—Nothing’’. 

16 SEC. 114. ACTIONS FOR ACCOUNTING, FAIR VALUE OF 

17 GRAZING, AND CLAIMS FOR DAMAGES TO 

18 LAND. 

19 Section 18 of the Act of December 22, 1974 (25 

20 U.S.C. 640d–17) is amended— 

21 (1) by striking ‘‘SEC. 18. (a) Either’’ and in22 serting the following: 
35 

•S 1003 RS

1 ‘‘SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF 

2 GRAZING, AND CLAIMS FOR DAMAGES TO 

3 LAND. 

4 ‘‘(a) ACTIONS BY TRIBES.—Either’’; 

5 (2) in subsection (a), by striking ‘‘section 3 or 

6 4’’ and inserting ‘‘section 1 2’’; 

7 (3) in subsection (b)— 

8 (A) by striking ‘‘(b) Neither’’ and inserting 

9 the following: 

10 ‘‘(b) DEFENSES.—Neither’’; and 

11 (B) by striking ‘‘section 3 or 4’’ and in12 serting ‘‘section 1 2’’; 

13 (4) in subsection (c)— 

14 (A) by striking ‘‘(c) Either’’ and inserting 

15 the following: 

16 ‘‘(c) FURTHER ORIGINAL, ANCILLARY, OR SUPPLE17 MENTARY ACTS TO ENSURE QUIET ENJOYMENT.— 

18 ‘‘(1) IN GENERAL.—Either’’; and 

19 (B) in the second sentence, by striking 

20 ‘‘Such actions’’ and inserting the following: 

21 ‘‘(2) ACTION THROUGH CHAIRMAN.—An action 

22 under paragraph (1)’’; 

23 (5) in subsection (d)— 

24 (A) by striking ‘‘(d) Except’’ and inserting 

25 the following: 
36 

•S 1003 RS

1 ‘‘(d) UNITED STATES AS PARTY; JUDGMENTS

2 AGAINST THE UNITED STATES.— 

3 ‘‘(1) IN GENERAL.—Except’’; and 

4 (B) in the second sentence, by striking 

5 ‘‘Any judgment or judgments’’ and inserting 

6 the following: 

7 ‘‘(2) EFFECT OF JUDGMENTS.—Any judg8 ment’’; and 

9 (6) in subsection (e), by striking ‘‘(e) All’’ and 

10 inserting the following: 

11 ‘‘(e) REMEDIES.—All’’. 

12 SEC. 115. JOINT USE. 

13 Section 19 of the Act of December 22, 1974 (25 

14 U.S.C. 640d–18) is amended— 

15 (1) by striking ‘‘SEC. 19. (a) Notwithstanding’’ 

16 and inserting the following: 

17 ‘‘SEC. 15. JOINT USE. 

18 ‘‘(a) REDUCTION OF LIVESTOCK.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding’’; 

20 (2) in subsection (a)(1) (as designated by para21 graph (1))— 

22 (A) by striking ‘‘section 3 or 4’’ and in23 serting ‘‘section 1 2’’; and 
37 

•S 1003 RS

1 (B) in the second sentence, by striking 

2 ‘‘The Secretary is directed to’’ and inserting the 

3 following: 

4 ‘‘(2) CONSERVATION PRACTICES AND METH5 ODS.—The Secretary shall’’; 

6 (3) in subsection (b)— 

7 (A) by striking ‘‘(b) The’’ and inserting 

8 the following: 

9 ‘‘(b) SURVEY LOCATION OF MONUMENTS AND FENC10 ING OF BOUNDARIES.—The’’; and 

11 (B) by striking ‘‘sections 8 and 3 or 4’’ 

12 each place it appears and inserting ‘‘sections 1 

13 2 and 4’’; and 

14 (4) in subsection (c)— 

15 (A) by striking ‘‘(c)(1) Surveying’’ and in16 serting the following: 

17 ‘‘(c) SURVEYING, MONUMENTING, AND FENCING; 

18 LIVESTOCK REDUCTION PROGRAM.— 

19 ‘‘(1) SURVEYING, MONUMENTING, AND FENC20 ING.—Surveying’’; 

21 (B) in paragraph (1)— 

22 (i) by striking ‘‘section 4’’ and insert23 ing ‘‘section 1 2’’; and 

24 (ii) by striking ‘‘section 8’’ and insert25 ing ‘‘section 4’’; and 
38 

•S 1003 RS

1 (C) in paragraph (2), by striking ‘‘(2) 

2 The’’ and inserting the following: 

3 ‘‘(2) LIVESTOCK REDUCTION PROGRAM.—The’’. 

4 SEC. 116. RELIGIOUS CEREMONIES; PIPING OF WATER. 

5 Section 20 of the Act of December 22, 1974 (25 

6 U.S.C. 640d–19) is amended by striking ‘‘SEC. 20. The 

7 members’’ and inserting the following: 

8 ‘‘SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF 

9 WATER. 

10 ‘‘The members’’. 

11 SEC. 117. ACCESS TO RELIGIOUS SHRINES. 

12 Section 21 of the Act of December 22, 1974 (25 

13 U.S.C. 640d–20) is amended by striking ‘‘SEC. 21. Not14 withstanding’’ and inserting the following: 

15 ‘‘SEC. 17. ACCESS TO RELIGIOUS SHRINES. 

16 ‘‘Notwithstanding’’. 

17 SEC. 118. EXCLUSION OF PAYMENTS FROM CERTAIN FED18 ERAL DETERMINATIONS OF INCOME. 

19 Section 22 of the Act of December 22, 1974 (25 

20 U.S.C. 640d–21) is amended— 

21 (1) by striking ‘‘SEC. 22. The availability’’ and 

22 inserting the following: 

23 ‘‘SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FED24 ERAL DETERMINATIONS OF INCOME. 

25 ‘‘(a) IN GENERAL.—The availability’’; and 
39 

•S 1003 RS

1 (2) by striking ‘‘None of the funds’’ and insert2 ing the following: 

3 ‘‘(b) FEDERAL AND STATE INCOME TAXES.—None 

4 of the funds’’. 

5 SEC. 119. AUTHORIZATION OF EXCHANGE. 

6 Section 23 of the Act of December 22, 1974 (25 

7 U.S.C. 649d–22) is amended— 

8 (1) by striking ‘‘SEC. 23. The Navajo’’ and in9 serting the following: 

10 ‘‘SEC. 19. AUTHORIZATION OF EXCHANGE. 

11 ‘‘(a) IN GENERAL.—The Navajo’’; and 

12 (2) in the second sentence— 

13 (A) by striking ‘‘In the event that the 

14 Tribes should’’ and inserting the following: 

15 ‘‘(b) NEGOTIATED EXCHANGES.—If the Tribes’’; and 

16 (B) by striking ‘‘sections 14 and 15’’ and 

17 inserting ‘‘sections 10 and 11’’. 

18 SEC. 120. SEVERABILITY. 

19 Section 24 of the Act of December 22, 1974 (25 

20 U.S.C. 640d–23) is amended by striking ‘‘SEC. 24. If’’ and 

21 inserting the following: 

22 ‘‘SEC. 20. SEVERABILITY. 

23 ‘‘If’’. 
40 

•S 1003 RS

1 SEC. 121. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 25 of the Act of December 22, 1974 (25 

3 U.S.C. 640d–24) is— 

4 (1) moved so as to appear at the end of the 

5 Act; and 

6 (2) amended to read as follows: 

7 ‘‘SEC. 27. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘(a) RELOCATION OF HOUSEHOLDS AND MEM9 BERS.—There is authorized to be appropriated to carry 

10 out section 10(b) $13,000,000. 

11 ‘‘(b) RELOCATION OF HOUSEHOLDS AND MEM12 BERS.—There are authorized to be appropriated to carry 

13 out section 11 such sums as are necessary for each of fis14 cal years 2006 through 2008. 

15 ‘‘(c) RETURN TO CARRYING CAPACITY AND INSTITU16 TION OF CONSERVATION PRACTICES.—There is author17 ized to be appropriated to carry out section 15(a) 

18 $10,000,000. 

19 ‘‘(d) SURVEY LOCATION OF MONUMENTS AND FENC20 ING OF BOUNDARIES.—There is authorized to be appro21 priated to carry out section 15(b) $500,000.’’. 

22 SEC. 122. FUNDING AND CONSTRUCTION OF HIGH SCHOOL 

23 AND MEDICAL CENTER. 

24 Section 27 of the Act of December 22, 1974 (25 

25 U.S.C. 640d–25) is amended by striking ‘‘SEC. 27.’’ and 
41 

•S 1003 RS

1 all that follows through ‘‘(c) The Secretary’’ and inserting 

2 the following: 

3 ‘‘SEC. 21. FUNDING AND CONSTRUCTION OF HIGH SCHOOL 

4 AND MEDICAL CENTER. 

5 ‘‘The Secretary’’. 

6 SEC. 123. ENVIRONMENTAL IMPACT; WILDERNESS STUDY; 

7 CANCELLATION OF LEASES AND PERMITS. 

8 Section 28 of the Act of December 22, 1974 (25 

9 U.S.C. 640d–26) is amended— 

10 (1) by striking ‘‘SEC. 28. (a) No action’’ and in11 serting the following: 

12 ‘‘SEC. 22. ENVIRONMENTAL IMPACT; WILDERNESS STUDY; 

13 CANCELLATION OF LEASES AND PERMITS. 

14 ‘‘(a) IN GENERAL.—No action’’; 

15 (2) in subsection (b), by striking ‘‘(b) Any’’ and 

16 inserting the following: 

17 ‘‘(b) EFFECT OF WILDERNESS STUDY.—Any’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(c) CONSTRUCTION REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—Any construction activity 

21 under this Act shall be carried out in accordance 

22 with sections 3 through 7 of the Act of June 27, 

23 1960 (16 U.S.C. 469a–1 through 469c). 

24 ‘‘(2) COMPLIANCE WITH OTHER REQUIRE25 MENTS.—If a construction activity meets the re-
42 

•S 1003 RS

1 quirements under paragraph (1), the activity shall 

2 be considered to be in accordance with any applica3 ble requirement of— 

4 ‘‘(A) Public Law 89–665 (80 Stat. 915); 

5 and 

6 ‘‘(B) the Act of June 8, 1906 (34 Stat. 

7 225, chapter 3060).’’. 

8 SEC. 124. ATTORNEY FEES AND COURT COSTS. 

9 Section 29 of the Act of December 22, 1974 (25 

10 U.S.C. 640d–27) is amended— 

11 (1) by striking ‘‘SEC. 29. (a)’’ and inserting the 

12 following: 

13 ‘‘SEC. 23. ATTORNEY FEES AND COURT COSTS. 

14 ‘‘(a) IN GENERAL.—’’; 

15 (2) in subsection (a)— 

16 (A) by striking ‘‘In any’’ and inserting the 

17 following: 

18 ‘‘(1) IN GENERAL.—In any’’; and 

19 (B) by striking ‘‘For each’’ and inserting 

20 the following: 

21 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

22 For each’’; 

23 (3) in subsection (b)— 

24 (A) by striking ‘‘(b) Upon’’ and inserting 

25 the following: 
43 

•S 1003 RS

1 ‘‘(b) AWARD BY COURT.— 

2 ‘‘(1) IN GENERAL.—On’’; and 

3 (B) in the second sentence, by striking 

4 ‘‘Any party’’ and inserting the following: 

5 ‘‘(2) REIMBURSEMENT OF UNITED STATES.— 

6 Any party’’; 

7 (4) in subsection (c), by striking ‘‘(c) To’’ and 

8 inserting the following: 

9 ‘‘(c) EXCESS DIFFERENCE.—To’’; and 

10 (5) in subsection (d)— 

11 (A) by striking ‘‘(d) This’’ and inserting 

12 the following: 

13 ‘‘(d) APPLICATION OF SECTION.—This’’; and 

14 (B) by striking ‘‘section 8 or 18(a) of this 

15 Act’’ and inserting ‘‘section 4 or section 14(a)’’. 

16 SEC. 125. LOBBYING. 

17 Section 31 of the Act of December 22, 1974 (25 

18 U.S.C. 640d–29) is amended— 

19 (1) by striking ‘‘SEC. 31. (a) Except’’ and in20 serting the following: 

21 ‘‘SEC. 24. LOBBYING. 

22 ‘‘(a) IN GENERAL.—Except’’; and 

23 (2) in subsection (b), by striking ‘‘(b) Sub24 section’’ and inserting the following: 

25 ‘‘(b) APPLICABILITY.—Subsection’’. 
44 

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1 SEC. 126. NAVAJO REHABILITATION TRUST FUND. 

2 The first section designated as section 32 of the Act 

3 of December 22, 1974 (25 U.S.C. 640d–30) is amended— 

4 (1) by striking ‘‘SEC. 32. (a) There’’ and insert5 ing the following: 

6 ‘‘SEC. 25. NAVAJO REHABILITATION TRUST FUND. 

7 ‘‘(a) ESTABLISHMENT.—There’’; 

8 (2) in subsection (b), by striking ‘‘(b) All’’ and 

9 inserting the following: 

10 ‘‘(b) DEPOSIT OF INCOME INTO FUND.—All’’; 

11 (3) in subsection (c), by striking ‘‘(c) The’’ and 

12 inserting the following: 

13 ‘‘(c) INVESTMENT OF FUNDS.—The’’; 

14 (4) in subsection (d)— 

15 (A) by striking ‘‘(d) Funds’’ and inserting 

16 the following: 

17 ‘‘(d) AVAILABILITY OF FUNDS.—Funds’’; 

18 (B) in paragraph (1), by striking ‘‘pro19 ceedings,’’ and inserting ‘‘proceedings;’’; and 

20 (C) in paragraph (2), by striking ‘‘Act, or’’ 

21 and inserting ‘‘Act; or’’; 

22 (5) in subsection (e)— 

23 (A) by striking ‘‘(e) By December 1’’ and 

24 inserting the following: 

25 ‘‘(e) EXPENDITURE OF FUNDS.— 
45 

•S 1003 RS

1 ‘‘(1) IN GENERAL.—Not later than December 

2 1’’; and 

3 (B) in the second sentence, by striking 

4 ‘‘Such framework is to be’’ and inserting the 

5 following: 

6 ‘‘(2) REQUIREMENT.—The framework under 

7 paragraph (1) shall be’’; 

8 (6) in subsection (f)— 

9 (A) by striking ‘‘(f) The’’ and inserting the 

10 following: 

11 ‘‘(f) TERMINATION.— 

12 ‘‘(1) IN GENERAL.—The’’; and 

13 (B) in the second sentence, by striking 

14 ‘‘All funds’’ and inserting the following: 

15 ‘‘(2) TRANSFER OF REMAINING FUNDS.—All 

16 funds’’; and 

17 (7) in subsection (g)— 

18 (A) by striking ‘‘(g) There is hereby’’ and 

19 inserting the following: 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) IN GENERAL.—There is’’; 

22 (B) in the first sentence, by striking 

23 ‘‘1990, 1991, 1992, 1993, 1994, and 1995’’ 

24 and inserting ‘‘2006 through 2008’’; and 
46 

•S 1003 RS

1 (C) in the second sentence, by striking 

2 ‘‘The income’’ and inserting the following: 

3 ‘‘(2) INCOME FROM LAND.—The income’’. 

4 SEC. 127. AVAILABILITY OF FUNDS FOR RELOCATION AS5 SISTANCE. 

6 The second section designated as section 32 of the 

7 Act of December 22, 1974 (25 U.S.C. 640–31) is amended 

8 by striking ‘‘SEC. 32. Nothing’’ and inserting the fol9 lowing: 

10 ‘‘SEC. 26. AVAILABILITY OF FUNDS FOR RELOCATION AS11 SISTANCE.’’. 

12 ‘‘Nothing’’. 

13 TITLE II—PERSONNEL OF THE 

14 OFFICE OF NAVAJO AND HOPI 

15 INDIAN RELOCATION 

16 SEC. 201. RETENTION PREFERENCE. 

17 The second sentence of section 3501(b) of title 5, 

18 United States Code, is amended— 

19 (1) by striking ‘‘or’’ after ‘‘Senate’’ and insert20 ing a comma; 

21 (2) by striking ‘‘or’’ after ‘‘Service’’ and insert22 ing a comma; and 

23 (3) by inserting ‘‘, or to an employee of the Of24 fice of Navajo and Hopi Indian Relocation’’ before 

25 the period. 
47 

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1 SEC. 202. SEPARATION PAY. 

2 (a) IN GENERAL.—Chapter 55 of title 5, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 5598 Separation pay for certain employees of the 

6 Office of Navajo and Hopi Indian Reloca7 tion 

8 ‘‘(a) IN GENERAL.—Except as provided in sub9 sections (b) and (c), the Commissioner of the Office of 

10 Navajo and Hopi Indian Relocation shall establish a pro11 gram to offer separation pay to employees of the Office 

12 of Navajo and Hopi Indian Relocation (referred to in this 

13 section as the ‘Office’) in the same manner as the Sec14 retary of Defense offers separation pay to employees of 

15 a defense agency under section 5597. 

16 ‘‘(b) SEPARATION PAY.— 

17 ‘‘(1) IN GENERAL.—Under the program estab18 lished under subsection (a), the Commissioner of the 

19 Office may offer separation pay only to employees 

20 within an occupational group or at a pay level that 

21 minimizes the disruption of ongoing Office programs 

22 at the time that the separation pay is offered. 

23 ‘‘(2) REQUIREMENT.—Any separation pay of24 fered under this subsection— 

25 ‘‘(A) shall be paid in a lump sum; 
48 

•S 1003 RS

1 ‘‘(B) shall be in an amount equal to 

2 $25,000, if paid on or before December 31, 

3 2007; 

4 ‘‘(C) shall be in an amount equal to 

5 $20,000, if paid after December 31, 2007, and 

6 before January 1, 2009; 

7 ‘‘(D) shall be in an amount equal to 

8 $15,000, if paid after December 31, 2008, and 

9 before January 1, 2010; 

10 ‘‘(E) shall not— 

11 ‘‘(i) be a basis for payment; 

12 ‘‘(ii) be considered to be income for 

13 the purposes of computing any other type 

14 of benefit provided by the Federal Govern15 ment; and 

16 ‘‘(F) if an individual is otherwise entitled 

17 to receive any severance pay under section 5595 

18 on the basis of any other separation, shall not 

19 be payable in addition to the amount of the sev20 erance pay to which that individual is entitled 

21 under section 5595. 

22 ‘‘(c) PROHIBITION.—No amount shall be payable 

23 under this section to any employee of the Office for any 

24 separation occurring after December 31, 2009.’’. 
49 

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1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 55 of title 5 is amended by adding at the 

3 end the following: 

‘‘5598. Separation pay for certain employees of the Office of Navajo and Hopi 

Indian Relocation’’. 

4 SEC. 203. FEDERAL RETIREMENT. 

5 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 

6 (1) IMMEDIATE RETIREMENT.—Section 

7 8336(j)(1)(B) of title 5, United States Code, is 

8 amended by inserting ‘‘or was employed by the Of9 fice of Navajo and Hopi Indian Relocation during 

10 the period beginning on January 1, 1985, and end11 ing on the date of separation of that employee’’ be12 fore the final comma. 

13 (2) COMPUTATION OF ANNUITY.—Section 

14 8339(d) of title 5, United States Code, is amended 

15 by adding at the end the following: 

16 ‘‘(8) The annuity of an employee of the Office of Nav17 ajo and Hopi Indian Relocation described in section 

18 8336(j)(1)(B) shall be determined under subsection (a), 

19 except that with respect to service of that employee on 

20 or after January 1, 1985, the annuity of that employee 

21 shall be in an amount equal to the sum of— 

22 ‘‘(A) the product obtained by multiplying— 

‘‘(i) 21 23 ⁄2 percent of the average pay of the 

24 employee; and 
50 

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1 ‘‘(ii) the quantity of service of the employee on 

2 or after January 1, 1985, that does not exceed 10 

3 years; and 

4 ‘‘(B) the product obtained by multiplying— 

5 ‘‘(i) 2 percent of the average pay of the 

6 employee; and 

7 ‘‘(ii) the quantity of the service of the em8 ployee on or after January 1, 1985, that ex9 ceeds 10 years.’’. 

10 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

11 (1) IMMEDIATE RETIREMENT.—Section 8412 of 

12 title 5, United States Code, is amended by adding 

13 at the end the following: 

14 ‘‘(i) An employee of the Office of Navajo and Hopi 

15 Indian Relocation is entitled to an annuity if that em16 ployee— 

17 ‘‘(1) has been continuously employed in the Of18 fice of Navajo and Hopi Indian Relocation during 

19 the period beginning on January 1, 1985, and end20 ing on the date of separation of that individual; and 

21 ‘‘(2)(A) has completed 25 years of service at 

22 any age; or 

23 ‘‘(B) has attained the age of 50 years and has 

24 completed 20 years of service.’’. 
51 

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1 (2) COMPUTATION OF BASIC ANNUITY.—Section 

2 8415 of title 5, United States Code, is amended— 

3 (1) by redesignating subsection (l) as subsection 

4 (m); 

5 (2) by redesignating the second subsection des6 ignated as subsection (k) as subsection (l); and 

7 (3) by adding at the end the following: 

8 (A) by redesignating subsection (l) as sub9 section (m); 

10 (B) by redesignating the second subsection 

11 designated as subsection (k) as subsection (l); 

12 and 

13 (C) by adding at the end the following: 

14 ‘‘(n) The annuity of an employee retiring under sec15 tion 8412(i) shall be determined in accordance with sub16 section (d), except that with respect to service during the 

17 period beginning on January 1, 1985, the annuity of the 

18 employee shall be an amount equal to the sum of— 

19 ‘‘(1) the product obtained by multiplying— 

20 ‘‘(A) 2 percent of the average pay of the 

21 employee; and 

22 ‘‘(B) the quantity of the total service of 

23 the employee that does not exceed 10 years; 

24 and 

25 ‘‘(2) the product obtained by multiplying— 
52 

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‘‘(A) 11 1 ⁄2 percent of the average pay of the 

2 employee; and 

3 ‘‘(B) the quantity of the total service of 

4 the employee that exceeds 10 years.’’. 

5 TITLE III—TRANSFER OF FUNC6 TIONS AND SAVINGS PROVI7 SIONS 

8 SEC. 301. DEFINITIONS. 

9 In this title: 

10 (1) FEDERAL AGENCY.—The term ‘‘Federal 

11 agency’’ has the meaning given the term ‘‘agency’’ 

12 in section 551(1) of title 5, United States Code. 

13 (2) FUNCTION.—The term ‘‘function’’ means 

14 any duty, obligation, power, authority, responsibility, 

15 right, privilege, activity, or program. 

16 (3) OFFICE.—The term ‘‘Office’’ means the Of17 fice of Navajo and Hopi Relocation (including any 

18 component of that office). 

19 SEC. 302. TRANSFER OF FUNCTIONS. 

20 Effective on the date of enactment of this Act, there 

21 is transferred to the Secretary of the Interior any function 

22 of the Office that has not been carried out by the Office 

23 on the date of enactment of this Act, as determined by 

24 the Secretary of the Interior in accordance with the Act 
53 

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1 of December 22, 1974 (25 U.S.C. 640 et seq.) (as amend2 ed by title I). 

3 SEC. 303. TRANSFER AND ALLOCATIONS OF APPROPRIA4 TIONS. 

5 (a) IN GENERAL.—Except as otherwise provided in 

6 this Act and the amendments made by this Act, any asset, 

7 liability, contract, property, record, or unexpended balance 

8 of appropriations, authorizations, allocations, and other 

9 funds made available to carry out the functions trans10 ferred by this title shall be transferred to the Secretary 

11 of the Interior, subject to section 1531 of title 31, United 

12 States Code. 

13 (b) USE OF FUNDS.—Any unexpended funds trans14 ferred under subsection (a) shall be used only for the pur15 poses for which the funds were originally authorized and 

16 appropriated. 

17 SEC. 304. EFFECT OF TITLE. 

18 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.— 

19 Any legal document relating to a function transferred by 

20 this title that is in effect on the date of enactment of this 

21 Act shall continue in effect in accordance with the terms 

22 of the document until the document is modified or termi23 nated by— 

24 (1) the President; 

25 (2) the Secretary of the Interior; 
54 

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1 (3) a court of competent jurisdiction; or 

2 (4) operation of Federal or State law. 

3 (b) PROCEEDINGS NOT AFFECTED.—This title shall 

4 not affect any proceeding (including a notice of proposed 

5 rulemaking, an administrative proceeding, and an applica6 tion for a license, permit, certificate, or financial assist7 ance) relating to a function transferred under this title 

8 that is pending before the Office of Navajo and Hopi Relo9 cation on the date of enactment of this Act. 

Calendar No. 324 

109TH CONGRESS 

1ST SESSION S. 1003 

[Report No. 109–206] 

A BILL 

To amend the Act of December 22, 1974, and for 

other purposes. 

DECEMBER 12, 2005 

Reported with amendments