109TH CONGRESS

2D SESSION S. 1003

AN ACT

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

purposes.

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Navajo-Hopi Land Settlement Amendments of 2005’’.
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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.

Sec. 2. Findings.

Sec. 3. Effect of Act.

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

Sec. 101. Repeal of sections.

Sec. 102. Short title; definitions.

Sec. 103. Joint ownership of minerals.

Sec. 104. Actions.

Sec. 105. Paiute Indian allotments.

Sec. 106. Partitioned and other designated land.

Sec. 107. Resettlement land for Navajo Tribe.

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

Sec. 109. Report.

Sec. 110. Relocation of households and members.

Sec. 111. Relocation housing.

Sec. 112. Payment for use of land.

Sec. 113. Effect of Act.

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

to land.

Sec. 115. Joint use.

Sec. 116. Religious ceremonies; piping of water.

Sec. 117. Access to religious shrines.

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

Sec. 119. Authorization of exchange.

Sec. 120. Severability.

Sec. 121. Authorization of appropriations.

Sec. 122. Discretionary fund.

Sec. 123. Attorney fees and court costs.

Sec. 124. Lobbying.

Sec. 125. Navajo Rehabilitation Trust Fund.

Sec. 126. Availability of Funds for relocation assistance.

TITLE II—TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

Sec. 201. Definitions.

Sec. 202. Transfer of functions.

Sec. 203. Personnel provisions.

Sec. 204. Delegation and assignment.

Sec. 205. Reorganization.

Sec. 206. Rules.

Sec. 207. Transfer and allocations of appropriations and personnel.

Sec. 208. Incidental transfers.

Sec. 209. Effect on personnel.

Sec. 210. Separability.

Sec. 211. Transition.

Sec. 212. Report.

Sec. 213. References.

Sec. 214. Additional conforming amendment.

Sec. 215. Effect of title.
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Sec. 216. Effective date.

TITLE III—PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI

RELOCATION

Sec. 301. Separation pay.

Sec. 302. Federal retirement.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the Act of December 22, 1974 (25 U.S.C.

4 640d et seq.) (commonly known as the ‘‘Navajo5 Hopi Land Settlement Act of 1974’’) was enacted to

6 address the century-long land disputes between the

7 Navajo Tribe and the Hopi Tribe and to establish a

8 relocation process to remove, by December 31, 1986,

9 Navajos and Hopis from land allocated to the other

10 tribe by requiring the filing of a relocation plan;

11 (2) the Office of Navajo and Hopi Relocation

12 was established in 1988 as a temporary independent

13 agency to implement a 1981 relocation plan under

14 that Act to relocate eligible families that lived on

15 disputed land as of December 22, 1974;

16 (3) the relocation process has been plagued with

17 controversy and delay, and Congress has had to

18 amend the Act several times to authorize the expan19 sion of original relocation activity and to provide ad20 ditional appropriations for the implementation of re21 location activities;
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1 (4) the Office of Navajo and Hopi Indian Relo2 cation has reviewed over 4,600 applications, consid3 ered numerous appeals, provided relocation homes

4 for over 3,600 families;

5 (5) the Office of Navajo and Hopi Indian Relo6 cation has provided financial assistance and tech7 nical support to the Navajo Tribe and the Hopi

8 Tribe to address the impacts of relocation, including

9 the operation of livestock grazing programs and re10 sources to assist in the resettlement of individuals;

11 (6) individual Navajos and Hopis have had over

12 20 years during which to apply for and receive relo13 cation benefits or to appeal a finding of ineligibility

14 through the Office of Navajo and Hopi Relocation

15 and in Federal district court; and

16 (7) the Office of Navajo and Hopi Relocation

17 has had sufficient time in which to notify potential

18 eligible applicants of the opportunity to receive relo19 cation benefits, to certify that specific individuals

20 qualify for such benefits, and to provide eligible indi21 viduals with replacement housing, counseling, and

22 other assistance to adapt to relocation on Indian

23 land or within non-Indian communities.
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1 SEC. 3. EFFECT OF ACT.

2 Nothing in this Act, or an amendment made by this

3 Act—

4 (1) limits or otherwise affects any determina5 tion of a court, including a determination relating to

6 an action pending as of the date of enactment of

7 this Act, relating to a dispute of the Navajo Indian

8 tribe or the Hopi Indian tribe with respect to—

9 (A) land; or

10 (B) any settlement agreement; or

11 (2) authorizes any cause of action not in exist12 ence on the day before the date of enactment of this

13 Act.

14 TITLE I—AMENDMENTS TO THE

15 ACT OF DECEMBER 22, 1974

16 SEC. 101. REPEAL OF SECTIONS.

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

18 (25 U.S.C. 640d et seq.), is amended in the first undesig19 nated section by striking ‘‘That, (a) within’’ and all that

20 follows through the end of the section.

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

22 and sections 26, 28, and 30 of the Act of December 22,

23 1974 (25 U.S.C. 640d–1 through 640d–4; 88 Stat. 1723;

24 25 U.S.C. 640d–26, 640d–28), are repealed.
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1 SEC. 102. SHORT TITLE; DEFINITIONS.

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

3 U.S.C. 640d–5), is amended by striking ‘‘SEC. 6. The Me4 diator’’ and all that follows through the end of the section

5 and inserting the following:

6 ‘‘SECTION 1. SHORT TITLE.

7 ‘‘This Act may be cited as the ‘Navajo-Hopi Land

8 Settlement Act’.

9 ‘‘SEC. 2. DEFINITIONS.

10 ‘‘In this Act:

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

12 Court’ means the United States District Court for

13 the District of Arizona.

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

15 the Secretary of the Interior.

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

17 ‘‘(A) the Navajo Indian Tribe; and

18 ‘‘(B) the Hopi Indian Tribe.’’.

19 SEC. 103. JOINT OWNERSHIP OF MINERALS.

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

21 U.S.C. 640d–6), is amended—

22 (1) by striking ‘‘SEC. 7. Partition’’ and insert23 ing the following:

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

25 ‘‘(a) IN GENERAL.—Partition’’; and
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1 (2) in the second sentence, by striking ‘‘All’’

2 and inserting the following:

3 ‘‘(b) JOINT MANAGEMENT.—All’’.

4 SEC. 104. ACTIONS.

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

6 U.S.C. 640d–7), is amended—

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

8 inserting the following:

9 ‘‘SEC. 4. ACTIONS.

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

11 (2) in subsection (b)—

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

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

14 ‘‘(b) ALLOCATION OF LAND.—

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

16 (B) in the second sentence, by striking

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

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

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

20 lands’’ and inserting the following:

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

22 land’’;

23 (3) in subsection (c)—

24 (A) by striking ‘‘(c)(1) Either’’ and insert25 ing the following:
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1 ‘‘(c) EXCHANGE OF LAND.—

2 ‘‘(1) IN GENERAL.—Either’’;

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

4 the event’’ and inserting the following:

5 ‘‘(2) INTERESTS OF TRIBES.—If’’;

6 (C) in paragraph (3), by striking ‘‘(3) Nei7 ther’’ and inserting the following:

8 ‘‘(3) DEFENSE.—Neither’’; and

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

10 appears and inserting ‘‘section 14’’;

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

12 and inserting the following:

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

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

15 inserting the following:

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

17 OTHER EXPENSES.—The’’; and

18 (6) by striking subsection (f).

19 SEC. 105. PAIUTE INDIAN ALLOTMENTS.

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

21 U.S.C. 640d–8), is amended by striking ‘‘SEC. 9. Notwith22 standing’’ and inserting the following:

23 ‘‘SEC. 5. PAIUTE INDIAN ALLOTMENTS.

24 ‘‘Notwithstanding’’.
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1 SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND.

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

3 U.S.C. 640d–9), is amended—

4 (1) by striking ‘‘SEC. 10. (a) Subject’’ and in5 serting the following:

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

7 ‘‘(a) NAVAJO TRUST LAND.—Subject’’;

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

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

10 5 and 13(a)’’;

11 (3) in subsection (b)—

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

13 the following:

14 ‘‘(b) HOPI TRUST LAND.—Subject’’;

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

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

17 13(a)’’;

18 (C) by inserting ‘‘(as in effect on the day

19 before the date of enactment of the Navajo20 Hopi Land Settlement Amendments of 2005)’’

21 after ‘‘section 3 or 4’’; 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 (including any acres previously trans14 ferred under this Act)’’;

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

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

17 ‘‘Tribe; and’’;

18 (4) in the first paragraph designated as para19 graph (2)—

20 (A) by striking ‘‘(2) on behalf’’ and insert21 ing the following:

22 ‘‘(B) on behalf’’; and

23 (B) by striking the second sentence;

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

25 (as redesignated by paragraph (4))—

26 (A) in the first sentence—
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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 make reasonable efforts to
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1 reduce any payment under subparagraph (B) to

2 the lowest practicable amount.

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

5 (A) and (B) of paragraph (1) on behalf of the

6 United States in trust for the benefit of the Navajo

7 Tribe as a part of the Navajo 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

5 amended—

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

21 striking ‘‘(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—
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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’’.
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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’’;
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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
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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 II of the Nav19 ajo-Hopi Land Settlement Amendments of 2005.’’;

20 and

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

22 ‘‘(g) EASE OF TRANSITION.—Beginning on the date

23 of enactment of the Navajo-Hopi Land Settlement

24 Amendments of 2005, the Secretary may—
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1 ‘‘(1) consult with the Commissioner regarding

2 the transfer of the responsibilities of the Office of

3 Navajo and Hopi Indian Relocation to the Depart4 ment of the Interior; and

5 ‘‘(2) take any action the Secretary determines

6 to be necessary to assume the responsibilities of the

7 Office on September 30, 2008.’’.

8 SEC. 109. REPORT.

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

10 U.S.C. 640d–12), is amended—

11 (1) by striking ‘‘SEC. 13. (a) By no’’ and in12 serting the following:

13 ‘‘SEC. 9. REPORT.

14 ‘‘(a) IN GENERAL.—Not’’; and

15 (2) in subsection (b)—

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

17 the following:

18 ‘‘(b) INCLUSIONS.—The’’; and

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

20 matters, the following:’’ and inserting ‘‘in21 clude—’’.

22 SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS.

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

24 U.S.C. 640d–13), is amended—
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1 (1) by striking ‘‘SEC. 14. (a)’’ and inserting the

2 following:

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

4 ‘‘(a) AUTHORIZATION.—’’;

5 (2) in subsection (a)—

6 (A) in the first sentence—

7 (i) by striking ‘‘Consistent’’ and in8 serting the following:

9 ‘‘(1) IN GENERAL.—Consistent’’;

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

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

12 (iii) by inserting ‘‘(as in effect on the

13 day before the date of enactment of the

14 Navajo-Hopi Land Settlement Amend15 ments of 2005)’’ after ‘‘section 3 or 4’’;

16 and

17 (iv) by inserting ‘‘, or, after Sep18 tember 30, 2008, the Attorney General,’’

19 after ‘‘the Commissioner’’;

20 (B) by striking the second sentence;

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

22 further’’ and inserting the following:

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

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

25 further’’ and inserting the following:
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1 ‘‘(3) SETTLEMENTS OF HOPI.—No further’’;

2 and

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

4 individual’’ and inserting the following:

5 ‘‘(4) GRAZING.—No individual’’;

6 (3) in subsection (b)—

7 (A) by striking ‘‘(b) In addition’’ and in8 serting the following:

9 ‘‘(b) ADDITIONAL PAYMENTS TO HEADS OF HOUSE10 HOLDS.—In addition’’;

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

12 ‘‘section 11’’; and

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

14 ‘‘section 9’’;

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

16 inserting the following:

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

18 CERTAIN DATE.—No’’; and

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

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

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

22 of September 30, 2008, that head of household has not

23 been certified as eligible to receive the payment.’’.
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1 SEC. 111. RELOCATION HOUSING.

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

3 U.S.C. 640d–14), is amended—

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

5 following:

6 ‘‘SEC. 11. RELOCATION HOUSING.

7 ‘‘(a) PURCHASE OF HABITATION AND IMPROVE8 MENTS.—’’;

9 (2) in subsection (a)—

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

11 Commission’’ and inserting the following:

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

13 (B) in the second sentence—

14 (i) by striking ‘‘The purchase’’ and in15 serting the following:

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

17 (ii) by striking ‘‘as determined under

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

19 (3) in subsection (b)—

20 (A) by striking ‘‘(b) In addition’’ and in21 serting the following:

22 ‘‘(b) REIMBURSEMENT FOR MOVING EXPENSES AND

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

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

25 ‘‘shall—’’; and
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1 (C) in paragraph (1), by inserting ‘‘and’’

2 after the semicolon at the end;

3 (4) in subsection (c)—

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

5 inserting the following:

6 ‘‘(c) STANDARDS; CERTAIN PAYMENTS.—

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

8 (B) in the second sentence—

9 (i) by striking ‘‘No payment’’ and in10 serting the following:

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

12 (ii) by inserting ‘‘(as in effect on the

13 day before the date of enactment of the

14 Navajo-Hopi Land Settlement Amend15 ments of 2005)’’ after ‘‘section 8 or section

16 3 or 4’’;

17 (5) in subsection (d)—

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

19 the following:

20 ‘‘(d) METHODS OF PAYMENT.—The’’;

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

22 the following:

23 ‘‘(1) HOME OWNERSHIP OPPORTUNITY

24 PROJECTS.—Should’’;
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1 (C) by striking ‘‘(2) Should’’ and inserting

2 the following:

3 ‘‘(2) PURCHASED AND CONSTRUCTED DWELL4 INGS.—Should’’; and

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

6 the following:

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

8 Should’’;

9 (6) in subsection (e)—

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

11 following:

12 ‘‘(e) DISPOSAL OF ACQUIRED DWELLINGS AND IM13 PROVEMENTS.—The’’;

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

15 ‘‘section 4’’; and

16 (C) by inserting ‘‘(as in effect on the day

17 before the date of enactment of the Navajo18 Hopi Land Settlement Amendments of 2005)’’

19 after ‘‘section 3 or 4’’;

20 (7) in subsection (f), by striking ‘‘(f) Notwith21 standing’’ and inserting the following:

22 ‘‘(f) PREFERENTIAL TREATMENT.—Notwith23 standing’’; and

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

25 following:
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27

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1 ‘‘(g) BENEFITS.—

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

3 30, 2008, the Commissioner shall notify the Sec4 retary and each Tribe of the identity of any head of

5 household member of the Tribe that, as of that

6 date—

7 ‘‘(A) is certified as eligible to receive bene8 fits under this Act;

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

10 partitioned to the Tribe; and

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

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

13 September 30, 2008, and except as provided in para14 graph (4), the Commissioner shall—

15 ‘‘(A) transfer to the Secretary any funds

16 not used by the Commissioner to make pay17 ments under this Act to eligible heads of house18 holds; and

19 ‘‘(B) provide a notice to each Tribe regard20 ing the amount of the funds transferred under

21 subparagraph (B).

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

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

24 hold any funds transferred under paragraph (2)

25 for the heads of households described in para-
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1 graph (1)(A) until the date on which a request

2 for the funds, or a portion of the funds, is sub3 mitted to the Secretary by—

4 ‘‘(i) an eligible head of household; or

5 ‘‘(ii) the Tribe, acting with the con6 sent of such a head of household.

7 ‘‘(B) PAYMENT AMOUNTS.—Of the funds

8 held under subparagraph (A), the Secretary

9 shall make payments to the Tribe or heads of

10 households described in paragraph (1)(A) in

11 amounts that would have been made to the

12 heads of households under this Act before Sep13 tember 30, 2008—

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

15 of household, to be used for a replacement

16 home; or

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

18 of household, if the head of household does

19 not make a request under clause (i), in ac20 cordance with subparagraph (C).

21 ‘‘(C) DISTRIBUTION OF FUNDS ON DEATH

22 OF HEAD OF HOUSEHOLD.—If the Secretary

23 holds funds under this paragraph for a head of

24 household described in paragraph (1)(A) on the
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1 death of the head of household, the Secretary

2 shall—

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

4 head of household, in accordance with ap5 plicable law; and

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

7 Secretary for the head of household to any

8 heir—

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

10 least 18 years old; or

11 ‘‘(II) if the heir is younger than

12 18 years old on the date on which the

13 Secretary identified the heir, on the

14 date on which the heir attains the age

15 of 18.

16 ‘‘(D) CLAIMS OF COMPETING HEIRS.—Any

17 claim to a distribution under subparagraph (C)

18 that is disputed by any competing heir of a

19 head of household shall be determined during

20 the probate process in accordance with applica21 ble law.

22 ‘‘(4) DISPUTED ELIGIBILITY CLAIMS.—

23 ‘‘(A) TRANSFER OF FUNDS.—Not later

24 than September 30, 2008, the Commissioner

25 shall transfer to the Secretary an appropriate
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1 percentage, as determined by the Commissioner,

2 of the funds not used by the Commissioner to

3 make payments under this Act to eligible heads

4 of households.

5 ‘‘(B) DISPOSITION OF TRANSFERRED

6 FUNDS.—

7 ‘‘(i) IN GENERAL.—The Secretary

8 shall hold any funds transferred under

9 subparagraph (A) for any individual the

10 status of whom under this Act is the sub11 ject of a dispute with the Commissioner.

12 ‘‘(ii) DISTRIBUTIONS TO HEADS OF

13 HOUSEHOLDS.—If an individual described

14 in clause (i) is identified by the Commis15 sioner as a head of household described in

16 paragraph (1), the Secretary shall dis17 tribute funds transferred under subpara18 graph (A) to the individual in accordance

19 with paragraph (3).

20 ‘‘(h) NOTIFICATION.—

21 ‘‘(1) IN GENERAL.—To the extent not already

22 provided, not later than 180 days after the date of

23 enactment of the Navajo-Hopi Land Settlement

24 Amendments of 2005, the Commissioner shall notify

25 each eligible head of household who has not entered
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1 into a lease with the Hopi Tribe to reside on land

2 partitioned to the Hopi Tribe, in accordance with

3 section 700.138 of title 25, Code of Federal Regula4 tions (or a successor regulation).

5 ‘‘(2) LIST.—On the date on which a notice pe6 riod referred to in section 700.139 of title 25, Code

7 of Federal Regulations (or a successor regulation),

8 expires, the Commissioner shall submit to the Sec9 retary and the United States Attorney for the Dis10 trict of Arizona a list containing the name and ad11 dress of each eligible head of household who—

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

13 not been partitioned to the Tribe of the head of

14 household; and

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

16 on that land.

17 ‘‘(3) CONSTRUCTION OF REPLACEMENT

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

19 days after receiving a notice of the imminent re20 moval of a relocatee from land provided to the Nav21 ajo Tribe or the Hopi Tribe under this Act, the

22 Commissioner shall—

23 ‘‘(A) make an eligibility determination with

24 respect to the relocatee in accordance with any

25 appropriate policy or procedure; and
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1 ‘‘(B) on a determination under subpara2 graph (A) that the relocatee is eligible for

3 relocation—

4 ‘‘(i) begin construction of a replace5 ment home on any land acquired under

6 section 6; or

7 ‘‘(ii) establish a fund for the benefit

8 of the relocatee, to be administered in ac9 cordance with this section.

10 ‘‘(i) APPEALS.—

11 ‘‘(1) IN GENERAL.—The Commissioner shall es12 tablish an expedited hearing procedure for any ap13 peal relating to the denial of eligibility for benefits

14 under this Act (including regulations promulgated

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

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

17 Settlement Amendments of 2005.

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

19 procedure established under paragraph (1) shall—

20 ‘‘(A) provide for a hearing before an im21 partial third party, as the Commissioner deter22 mines necessary: and

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

24 made by the Office of Navajo and Hopi Indian
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1 Relocation for each appeal described in para2 graph (1) by not later than January 1, 2008.

3 ‘‘(j) PROCUREMENT OF SERVICES.—

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

5 provision of this Act, to ensure the full and fair eval6 uation of an appeal hearing before an impartial

7 third party referred to in subsection (i)(2)(A), the

8 Commissioner may enter into such contracts or

9 agreements to procure such services, and employ

10 such personnel (including attorneys), as the Com11 missioner determines to be necessary.

12 ‘‘(2) DETAIL OF ADMINISTRATIVE LAW JUDGES

13 OR HEARING OFFICERS.—The Commissioner may re14 quest the Secretary to act through the Director of

15 the Office of Hearings and Appeals to make avail16 able to the Office of Navajo and Hopi Indian Relo17 cation an administrative law judge or other hearing

18 officer with appropriate qualifications, as determined

19 by the Commissioner.

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

21 APPEALS.—

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

23 any individual who, under the procedures established

24 by the Commissioner pursuant to this section, is de25 termined not to be eligible to receive benefits under
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1 this Act may appeal that determination to the

2 United States Circuit Court of Appeals for the

3 Ninth Circuit (referred to in this subsection as the

4 ‘Circuit Court’).

5 ‘‘(2) REVIEW.—

6 ‘‘(A) IN GENERAL.—The Circuit Court

7 shall, with respect to each appeal described in

8 paragraph (1)—

9 ‘‘(i) review the entire record (as cer10 tified to the Circuit Court under paragraph

11 (3)) on which a determination of the ineli12 gibility of the appellant to receive benefits

13 under this Act was based; and

14 ‘‘(ii) on the basis of that review, af15 firm or reverse that determination.

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

17 Court shall affirm any determination that the

18 Circuit Court determines to be supported by

19 substantial evidence.

20 ‘‘(3) NOTICE OF APPEAL.—

21 ‘‘(A) IN GENERAL.—To the extent not al22 ready provided by this Act or other applicable

23 Federal law, not later than 30 days after a de24 termination of ineligibility under paragraph (1),
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1 an affected individual shall file a notice of ap2 peal with—

3 ‘‘(i) the Circuit Court; and

4 ‘‘(ii) the Commissioner.

5 ‘‘(B) CERTIFICATION OF RECORD.—On re6 ceipt of a notice under subparagraph (A)(ii),

7 the Commissioner shall submit to the Circuit

8 Court the certified record on which the deter9 mination that is the subject of the appeal was

10 made.

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

12 days after receiving a certified record under

13 subparagraph (B), the Circuit Court shall con14 duct a review and file a decision regarding an

15 appeal in accordance with paragraph (2).

16 ‘‘(D) BINDING DECISION.—A decision

17 made by the Circuit Court under this sub18 section shall be final and binding on all par19 ties.’’.

20 SEC. 112. PAYMENT FOR USE OF LAND.

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

22 U.S.C. 640d–15), is amended—

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

24 inserting the following:
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S 1003 ES

1 ‘‘SEC. 12. PAYMENT FOR USE OF LAND.

2 ‘‘(a) IN GENERAL.—The Navajo’’;

3 (2) in subsection (a), by inserting ‘‘(as in effect

4 on the day before the date of enactment of the Nav5 ajo-Hopi Land Settlement Amendments of 2005)’’

6 before ‘‘sections 8 and 3 or 4’’; and

7 (3) in subsection (b)—

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

9 the following:

10 ‘‘(b) PAYMENT.—The’’; and

11 (B) by inserting ‘‘(as in effect on the day

12 before the date of enactment of the Navajo13 Hopi Land Settlement Amendments of 2005)’’

14 after ‘‘sections 8 and 3 or 4’’.

15 SEC. 113. EFFECT OF ACT.

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

17 U.S.C. 640d–16), is amended—

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

19 following:

20 ‘‘SEC. 13. EFFECT OF ACT.

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

22 (2) in subsection (a)—

23 (A) in the first sentence, by striking

24 ‘‘Nothing’’ and inserting the following:

25 ‘‘(1) IN GENERAL.—Nothing’’; and
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1 (B) in the second sentence, by striking

2 ‘‘Such’’ and inserting the following:

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

4 Any’’; and

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

6 and inserting the following:

7 ‘‘(b) FEDERAL EMPLOYEES.—Nothing’’.

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

9 GRAZING, AND CLAIMS FOR DAMAGES TO

10 LAND.

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

12 U.S.C. 640d–17), is amended—

13 (1) by striking ‘‘SEC. 18. (a) Either’’ and in14 serting the following:

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

16 GRAZING, AND CLAIMS FOR DAMAGES TO

17 LAND.

18 ‘‘(a) ACTIONS BY TRIBES.—Either’’;

19 (2) in subsection (a), by inserting ‘‘(as in effect

20 on the day before the date of enactment of the Nav21 ajo-Hopi Land Settlement Amendments of 2005)’’

22 after ‘‘section 3 or 4’’;

23 (3) in subsection (b)—

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

25 the following:
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1 ‘‘(b) DEFENSES.—Neither’’; and

2 (B) by inserting ‘‘(as in effect on the day

3 before the date of enactment of the Navajo4 Hopi Land Settlement Amendments of 2005)’’

5 after ‘‘section 3 or 4’’;

6 (4) in subsection (c)—

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

8 the following:

9 ‘‘(c) FURTHER ORIGINAL, ANCILLARY, OR SUPPLE10 MENTARY ACTS TO ENSURE QUIET ENJOYMENT.—

11 ‘‘(1) IN GENERAL.—Either’’; and

12 (B) in the second sentence, by striking

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

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

15 under paragraph (1)’’;

16 (5) in subsection (d)—

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

18 the following:

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

20 AGAINST THE UNITED STATES.—

21 ‘‘(1) IN GENERAL.—Except’’; and

22 (B) in the second sentence, by striking

23 ‘‘Any judgment or judgments’’ and inserting

24 the following:
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1 ‘‘(2) EFFECT OF JUDGMENTS.—Any judg2 ment’’; and

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

4 inserting the following:

5 ‘‘(e) REMEDIES.—All’’.

6 SEC. 115. JOINT USE.

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

8 U.S.C. 640d–18), is amended—

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

10 and inserting the following:

11 ‘‘SEC. 15. JOINT USE.

12 ‘‘(a) REDUCTION OF LIVESTOCK.—

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

14 (2) in subsection (a)(1) (as designated by para15 graph (1))—

16 (A) by inserting ‘‘(as in effect on the day

17 before the date of enactment of the Navajo18 Hopi Land Settlement Amendments of 2005)’’

19 after ‘‘section 3 or 4’’; and

20 (B) in the second sentence, by striking

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

22 following:

23 ‘‘(2) CONSERVATION PRACTICES AND METH24 ODS.—The Secretary shall’’;

25 (3) in subsection (b)—
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1 (A) by striking ‘‘(b) The’’ and inserting

2 the following:

3 ‘‘(b) SURVEY LOCATION OF MONUMENTS AND FENC4 ING OF BOUNDARIES.—The’’; and

5 (B) by inserting ‘‘(as in effect on the day

6 before the date of enactment of the Navajo7 Hopi Land Settlement Amendments of 2005)’’

8 after ‘‘sections 8 and 3 or 4’’ each place it ap9 pears; and

10 (4) in subsection (c)—

11 (A) by striking ‘‘(c)(1) Surveying’’ and in12 serting the following:

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

14 LIVESTOCK REDUCTION PROGRAM.—

15 ‘‘(1) SURVEYING, MONUMENTING, AND FENC16 ING.—Surveying’’;

17 (B) in paragraph (1)—

18 (i) by striking ‘‘of this Act’’ and in19 serting ‘‘(as in effect on the day before the

20 date of enactment of the Navajo-Hopi

21 Land Settlement Amendments of 2005)’’;

22 and

23 (ii) by striking ‘‘section 8’’ and insert24 ing ‘‘section 4’’; and
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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
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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’’

21 and inserting the following:

22 ‘‘SEC. 20. SEVERABILITY.

23 ‘‘If’’.
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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. 26. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to carry out

9 section 11 such sums as are necessary for each of fiscal

10 years 2006 through 2008.’’.

11 SEC. 122. DISCRETIONARY FUND.

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

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

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

15 the following:

16 ‘‘SEC. 21. DISCRETIONARY FUND.

17 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to a discretionary fund

19 of the Commissioner to carry out this Act—

20 ‘‘(1) $6,000,000 for the period of fiscal years

21 2006 through 2008; and

22 ‘‘(2) such sums as are necessary for each subse23 quent fiscal year.

24 ‘‘(b) HOPI HIGH SCHOOL AND MEDICAL CENTER.—

25 The Secretary’’.
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1 SEC. 123. ATTORNEY FEES AND COURT COSTS.

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

3 U.S.C. 640d–27), is amended—

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

5 following:

6 ‘‘SEC. 22. ATTORNEY FEES AND COURT COSTS.

7 ‘‘(a) IN GENERAL.—’’;

8 (2) in subsection (a)—

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

10 following:

11 ‘‘(1) IN GENERAL.—In any’’; and

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

13 the following:

14 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

15 For each’’;

16 (3) in subsection (b)—

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

18 the following:

19 ‘‘(b) AWARD BY COURT.—

20 ‘‘(1) IN GENERAL.—On’’; and

21 (B) in the second sentence, by striking

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

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

24 Any party’’;

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

26 inserting the following:
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1 ‘‘(c) EXCESS DIFFERENCE.—To’’; and

2 (5) in subsection (d)—

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

4 the following:

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

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

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

8 SEC. 124. LOBBYING.

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

10 U.S.C. 640d–29), is amended—

11 (1) by striking ‘‘SEC. 31. (a) Except’’ and in12 serting the following:

13 ‘‘SEC. 23. LOBBYING.

14 ‘‘(a) IN GENERAL.—Except’’; and

15 (2) in subsection (b), by striking ‘‘(b) Sub16 section’’ and inserting the following:

17 ‘‘(b) APPLICABILITY.—Subsection’’.

18 SEC. 125. NAVAJO REHABILITATION TRUST FUND.

19 The first section designated as section 32 of the Act

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

21 amended—

22 (1) by striking ‘‘SEC. 32. (a) There’’ and in23 serting the following:

24 ‘‘SEC. 24. NAVAJO REHABILITATION TRUST FUND.

25 ‘‘(a) ESTABLISHMENT.—There’’;
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1 (2) in subsection (b), by striking ‘‘(b) All’’ and

2 inserting the following:

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

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

5 inserting the following:

6 ‘‘(c) INVESTMENT OF FUNDS.—The’’;

7 (4) in subsection (d)—

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

9 the following:

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

11 (B) in paragraph (1), by striking ‘‘pro12 ceedings,’’ and inserting ‘‘proceedings;’’; and

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

14 and inserting ‘‘Act; or’’;

15 (5) in subsection (e)—

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

17 inserting the following:

18 ‘‘(e) EXPENDITURE OF FUNDS.—

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

20 1’’; and

21 (B) in the second sentence, by striking

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

23 following:

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

25 paragraph (1) shall be’’;
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1 (6) in subsection (f)—

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

3 following:

4 ‘‘(f) TERMINATION.—

5 ‘‘(1) IN GENERAL.—The’’; and

6 (B) in the second sentence, by striking

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

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

9 funds’’; and

10 (7) by striking subsection (g).

11 SEC. 126. AVAILABILITY OF FUNDS FOR RELOCATION AS12 SISTANCE.

13 The second section designated as section 32 of the

14 Act of December 22, 1974 (25 U.S.C. 640–31), is amend15 ed by striking ‘‘SEC. 32. Nothing’’ and inserting the fol16 lowing:

17 ‘‘SEC. 25. AVAILABILITY OF FUNDS FOR RELOCATION AS18 SISTANCE.’’.

19 ‘‘Nothing’’.

20 TITLE II—TRANSFER OF FUNC21 TIONS AND SAVINGS PROVI22 SIONS

23 SEC. 201. DEFINITIONS.

24 In this title:
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1 (1) FEDERAL AGENCY.—The term ‘‘Federal

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

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

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

5 any duty, obligation, power, authority, responsibility,

6 right, privilege, activity, or program carried out

7 under Federal law in accordance with the purposes

8 of the Office.

9 (3) OFFICE.—The term ‘‘Office’’ means the Of10 fice of Navajo and Hopi Relocation (including any

11 component of that office).

12 (4) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of the Interior.

14 SEC. 202. TRANSFER OF FUNCTIONS.

15 (a) IN GENERAL.—Effective beginning on September

16 30, 2008, there is transferred to the Secretary any func17 tion of the Office that has not been carried out by the

18 Office in accordance with the Act of December 22, 1974

19 (25 U.S.C. 640 et seq.) (as amended by title I).

20 (b) MEMORANDUM OF AGREEMENT.—Not later than

21 September 29, 2008, the Secretary, in consultation with

22 the Director of the Office of Management and Budget,

23 may enter into a memorandum of agreement with the Of24 fice, as the Secretary determines to be appropriate to fa25 cilitate the transfer under subsection (a).
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1 SEC. 203. PERSONNEL PROVISIONS.

2 (a) APPOINTMENTS.—The Secretary may appoint

3 and fix the compensation of such officers and employees

4 as the Secretary determines to be necessary to carry out

5 any function transferred under this title.

6 (b) REQUIREMENTS.—Except as otherwise provided

7 by law—

8 (1) any officer or employee described in sub9 section (a) shall be appointed in accordance with the

10 civil service laws; and

11 (2) the compensation of such an officer or em12 ployee shall be fixed in accordance with title 5,

13 United States Code.

14 SEC. 204. DELEGATION AND ASSIGNMENT.

15 (a) IN GENERAL.—Except where otherwise expressly

16 prohibited by law or otherwise provided by this title, the

17 Secretary may delegate any of the functions transferred

18 to the Secretary by this title and any function transferred

19 or granted to the Secretary after the effective date of this

20 title to such officers and employees of the Department of

21 the Interior as the Secretary may designate, and may au22 thorize successive redelegations of such functions as may

23 be necessary or appropriate.

24 (b) DELEGATION.—No delegation of functions by the

25 Secretary under this section or under any other provision
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1 of this title shall relieve the Secretary of responsibility for

2 the administration of the functions.

3 SEC. 205. REORGANIZATION.

4 The Secretary is authorized to allocate or reallocate

5 any function transferred under section 202 among the of6 ficers of the Department of the Interior, and to establish,

7 consolidate, alter, or discontinue such organizational enti8 ties in the Department of the Interior as the Secretary

9 determines to be necessary or appropriate.

10 SEC. 206. RULES.

11 The Secretary is authorized to prescribe, in accord12 ance with the provisions of chapters 5 and 6 of title 5,

13 United States Code, such rules and regulations as the Sec14 retary determines to be necessary or appropriate to admin15 ister and manage the functions of the Department of the

16 Interior.

17 SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIA18 TIONS AND PERSONNEL.

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

20 this title, the personnel employed in connection with, and

21 the assets, liabilities, contracts, property, records, and un22 expended balances of appropriations, authorizations, allo23 cations, and other funds employed, used, held, arising

24 from, available to, or to be made available in connection

25 with the functions transferred by this title, subject to sec-
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1 tion 1531 of title 31, United States Code, shall be trans2 ferred to the Department of the Interior in accordance

3 with section 3503 of title 5, United States Code.

4 (b) UNEXPENDED FUNDS.—Unexpended funds

5 transferred pursuant to this section shall be used only for

6 the purposes for which the funds were originally author7 ized and appropriated.

8 SEC. 208. INCIDENTAL TRANSFERS.

9 The Secretary is authorized to make such determina10 tions as may be necessary to accept the functions trans11 ferred by this title, and to make such additional incidental

12 dispositions of personnel, assets, liabilities, grants, con13 tracts, property, records, and unexpended balances of ap14 propriations, authorizations, allocations, and other funds

15 held, used, arising from, available to, or to be made avail16 able in connection with such functions, as may be nec17 essary to carry out the provisions of this title.

18 SEC. 209. EFFECT ON PERSONNEL.

19 (a) IN GENERAL.—Except as otherwise provided by

20 this title, the transfer pursuant to this title of full-time

21 personnel (except special Government employees) and

22 part-time personnel holding permanent positions shall not

23 cause any such employee to be separated or reduced in

24 grade or compensation for 1 year after the date of transfer

25 of the employee under this title.
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1 (b) EXECUTIVE SCHEDULE POSITIONS.—Except as

2 otherwise provided in this title, any person who, on the

3 day preceding the effective date of this title, held a posi4 tion compensated in accordance with the Executive Sched5 ule prescribed in chapter 53 of title 5, United States Code,

6 and who, without a break in service, is appointed in the

7 Department of the Interior to a position having duties

8 comparable to the duties performed immediately preceding

9 such appointment shall continue to be compensated in

10 such new position at not less than the rate provided for

11 such previous position, for the duration of the service of

12 such person in such new position.

13 (c) TERMINATION OF CERTAIN POSITIONS.—Posi14 tions whose incumbents are appointed by the President,

15 by and with the advice and consent of the Senate, the

16 functions of which are transferred by this title, shall termi17 nate on the effective date of this title.

18 SEC. 210. SEPARABILITY.

19 If a provision of this title or the application of this

20 title to any person or circumstance is held invalid, neither

21 the remainder of this title nor the application of the provi22 sion to other persons or circumstances shall be affected.

23 SEC. 211. TRANSITION.

24 The Secretary is authorized to use—
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1 (1) the services of such officers, employees, and

2 other personnel of the Office with respect to func3 tions transferred to the Department of the Interior

4 by this title; and

5 (2) funds appropriated to such functions for

6 such period of time as may reasonably be needed to

7 facilitate the orderly implementation of this title.

8 SEC. 212. REPORTS.

9 (a) FISCAL YEARS 2007 AND 2008.—For each of fis10 cal years 2007 and 2008, the Commissioner of the Office,

11 in consultation with the Navajo and Hopi Indian tribes,

12 shall submit to Congress a report describing—

13 (1) the status of the Office;

14 (2) any progress made during the preceding

15 year in transferring functions, appropriations, and

16 personnel under this title;

17 (3) any progress made toward, or obstacle re18 lating to, completing the relocation process under

19 the Act of December 22, 1974 (25 U.S.C. 640d et

20 seq.) (as amended by title I);

21 (4) the status of the grazing management pro22 gram on the area commonly known as the ‘‘New

23 Lands’’ of the Navajo Tribe; and

24 (5) the needs of the Navajo and Hopi Indian

25 tribes to address the affect of relocation activity, if
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1 any, including a financial estimate relating to the

2 needs.

3 (b) SUBSEQUENT FISCAL YEARS.—Not later than 1

4 year after the effective date of this title, and annually

5 thereafter, the Secretary, in consultation with the Navajo

6 and Hopi Indian tribes, shall submit to Congress a report

7 described in subsection (a).

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated such sums as are nec10 essary to carry out this section for each of fiscal years

11 2007 through 2009.

12 SEC. 213. REFERENCES.

13 Any reference in a Federal law, Executive order, rule,

14 regulation, delegation of authority, or document relating

15 to—

16 (1) the Commissioner of the Office, with respect

17 to functions transferred under this title, shall be

18 deemed to be a reference to the Secretary; and

19 (2) the Office, with respect to functions trans20 ferred under this title, shall be deemed to be a ref21 erence to the Department of the Interior.

22 SEC. 214. ADDITIONAL CONFORMING AMENDMENT.

23 Section 5315 of title 5, United States Code, is

24 amended by striking the item relating to the Commis25 sioner of the Office.
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1 SEC. 215. EFFECT OF TITLE.

2 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

3 Any legal document relating to a function transferred by

4 this title that is in effect on the effective date of this title

5 shall continue in effect in accordance with the terms of

6 the document until the document is modified or termi7 nated by—

8 (1) the President;

9 (2) the Secretary;

10 (3) a court of competent jurisdiction; or

11 (4) operation of Federal or State law.

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

13 not affect any proceeding (including a notice of proposed

14 rulemaking, an administrative proceeding, and an applica15 tion for a license, permit, certificate, or financial assist16 ance) relating to a function transferred under this title

17 that is pending before the Office of Navajo and Hopi Relo18 cation on the effective date of this title.

19 SEC. 216. EFFECTIVE DATE.

20 This title takes effect beginning September 30, 2008.

21 TITLE III—PERSONNEL OF THE

22 OFFICE OF NAVAJO AND HOPI

23 RELOCATION

24 SEC. 301. SEPARATION PAY.

25 The Office of Navajo and Hopi Relocation (referred

26 to in this title as the ‘‘Office’’) may request funding for,
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1 and offer to any employee of the Office, voluntary separa2 tion incentive payments in accordance with subchapter II

3 of chapter 35 of title 5, United States Code.

4 SEC. 302. FEDERAL RETIREMENT.

5 The Office may request funding for, and offer to any

6 employee of the Office, voluntary early retirement in ac7 cordance with sections 8336(d)(2) and 8414(b)(1) of title

8 5, United States Code.

Passed the Senate May 2, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1003

AN ACT

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

other purposes.