II

104TH CONGRESS

2D SESSION S. 2111

To amend the Act commonly known as the ‘‘Navajo-Hopi Land Settlement

Act of 1974’’, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 24 (legislative day, SEPTEMBER 20), 1996

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

to the Committee on Indian Affairs

A BILL

To amend the Act commonly known as the ‘‘Navajo-Hopi

Land Settlement Act of 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.

4 SHORT TITLE.—This Act may be cited as the ‘‘Nav5 ajo-Hopi Land Settlement Act Amendments of 1996’’.
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1 TITLE I—AMENDMENTS TO THE

2 NAVAJO-HOPI LAND SETTLE3 MENT ACT OF 1974

4 SEC. 101. REFERENCES.

5 Whenever in this Act an amendment or repeal is ex6 pressed in terms of an amendment or repeal to a section

7 or other provision, the references shall be considered to

8 be made to a section or other provision of the Act com9 monly known as the Navajo-Hopi Land Settlement Act of

10 1974 (Public law 93–531; 25 U.S.C. 640 et seq.).

11 SEC. 102. AMENDMENTS TO THE NAVAJO-HOPI LAND SET12 TLEMENT ACT OF 1974.

13 (a) REPEALS.—Sections 1 through 5 (25 U.S.C.

14 640d through 640d–4) and section 30 (25 U.S.C. 640d–

15 28) are each repealed.

16 (b) AMENDMENTS AND REDESIGNATIONS.—

17 (1) Section 6 (25 U.S.C. 640d–5) is amended—

18 (A) by striking the matter preceding sub19 section (a) through subsection (c);

20 (B) by inserting the following before sub21 section (d):

22 ‘‘SECTION 1. PARTITIONED LANDS.’’;

23 (C) by redesignating subsection (d) as sub24 section (a);

25 (D) by striking subsections (e) and (f); and
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1 (E) by redesignating subsections (g) and

2 (h) as subsections (b) and (c), respectively; and

3 (F) in subsection (a), as so redesignated,

4 by striking ‘‘In any partition of the surface

5 rights to the joint use area,’’ and inserting the

6 following: ‘‘With regard to the final order is7 sued by the United States District Court for

8 the District of Arizona (hereafter in this Act re9 ferred to as the ‘District Court’) on August 30,

10 1978, that provides for the partition of surface

11 rights and interest of the Navajo and Hopi

12 Tribes (hereafter in this Act referred to as the

13 ‘Tribes’) in lands laying within the reservation

14 established by Executive order on December 16,

15 1982,’’.

16 (2) Section 7 (25 U.S.C. 640d–6) is amended

17 by striking ‘‘SEC. 7. Partitioned’’ and inserting the

18 following:

19 ‘‘SEC. 2. JOINT OWNERSHIP OF MINERALS.

20 ‘‘Partitioned.’’.

21 (3) Section 8 (25 U.S.C. 640d–7) is amended—

22 (A) by striking ‘‘SEC. 8. (a) Either tribe’’

23 and inserting the following:
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1 ‘‘SEC. 3. ACTIONS.

2 ‘‘(a) AUTHORIZATION TO COMMENCE AND DEFEND

3 ACTIONS IN DISTRICT COURT.—Either tribe’’;

4 (B) in subsection (b), by inserting ‘‘ALLO5 CATION OF LAND TO RESPECTIVE RESERVA6 TIONS UPON DETERMINATION OF INTER7 ESTS.—’’ after ‘‘(b)’’;

8 (C) in subsection (c)—

9 (i) by inserting ‘‘ACTIONS FOR AC10 COUNTING, FAIR VALUE OF GRAZING, AND

11 CLAIMS FOR DAMAGES TO LAND.—’’ after

12 ‘‘(c)’’; and

13 (ii) by striking ‘‘section 18’’ each

14 place it appears and inserting ‘‘section

15 12’’;

16 (D) in subsection (d), by inserting ‘‘RULE

17 OF CONSTRUCTION.—’’ after ‘‘(d)’’;

18 (E) in subsection (e), by inserting ‘‘PAY19 MENT OF LEGAL FEES, COURT COSTS, AND

20 OTHER EXPENSES.—’’ after ‘‘(e)’’; and

21 (F) by striking subsection (f).

22 (4) Section 9 (25 U.S.C. 640d–8) is amended

23 by striking ‘‘SEC. 9. Notwithstanding’’ and inserting

24 the following:

25 ‘‘SEC. 4. PAUITE INDIAN ALLOTMENTS.

26 ‘‘Notwithstanding.’’.
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1 (5) Section 10 (25 U.S.C. 630d–9) is amend2 ed—

3 (A) by striking ‘‘SEC. 10. (a) Subject’’ and

4 inserting the following:

5 ‘‘SEC. 5. PARTITIONED AND OTHER DESIGNATED LANDS.

6 ‘‘(a) NAVAJO TRUST LANDS.—’’;

7 (B) in subsection (a), by striking ‘‘sections

8 9 and 16(a)’’ and inserting ‘‘sections 4 and

9 10(a)’’;

10 (C) in subsection (b)—

11 (i) by inserting ‘‘HOPI TRUST

12 LANDS.—’’ after ‘‘(b)’’;

13 (ii) by striking ‘‘sections 9 and 16(a)’’

14 and inserting ‘‘sections 4 and 10(a)’’;

15 (iii) by striking ‘‘sections 2 and 3’’

16 and inserting ‘‘section 1’’; and

17 (iv) by striking ‘‘section 8’’ and in18 serting ‘‘section 3’’;

19 (D) in subsection (c)—

20 (i) by inserting ‘‘PROTECTION OF

21 RIGHTS AND PROPERTY.—’’ after ‘‘(c)’’;

22 and

23 (ii) by striking the comma after ‘‘pur24 suant thereto’’ and all that follows through
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1 the end of the subsection and inserting a

2 period;

3 (E) in subsection (d), by inserting ‘‘PRO4 TECTION OF BENEFITS AND SERVICES.—’’

5 after ‘‘d)’’; and

6 (F) in subsection (e)—

7 (i) by inserting ‘‘TRIBAL JURISDIC8 TION OVER PARTITIONED LANDS.—’’ after

9 ‘‘(e)’’; and

10 (ii) in the last sentence, by striking

11 ‘‘life tenants and’’.

12 (6) Section 11 (25 U.S.C. 640d–10) is amend13 ed—

14 (A) by striking ‘‘SEC. 11. (a) The Sec15 retary’’ and inserting the following:

16 ‘‘SEC. 6. RESETTLEMENT LANDS FOR NAVAJO TRIBE.

17 ‘‘(a) TRANSFER OF LANDS.—The Secretary’’;

18 (B) in subsection (b), by inserting ‘‘PROX19 IMITY OF LANDS TO BE TRANSFERRED OR AC20 QUIRED.—’’, before ‘‘(b)’’;

21 (C) in subsection (c)—

22 (i) by inserting ‘‘SELECTION OF

23 LANDS TO BE TRANSFERRED OR AC24 QUIRED.—’’ after ‘‘(c)’’; and
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1 (ii) by striking the period at the end

2 and inserting the following: ‘‘: Provided

3 further, That the authority of the Commis4 sioner to select lands under this subsection

5 shall terminate on September 30, 2000.’’;

6 (D) in subsection (d), by inserting ‘‘RE7 PORTS.—’’ after ‘‘(d)’’;

8 (E) in subsection (e), by inserting ‘‘PAY9 MENTS.—’’ after ‘‘(e)’’;

10 (F) in subsection (f), by inserting ‘‘ACQUI11 SITION OF TITLE TO SURFACE AND SUB12 SURFACE INTERESTS.—’’ after ‘‘(f)’’;

13 (G) in subsection (g), by inserting ‘‘LANDS

14 NOT AVAILABLE FOR TRANSFER.—’’ after

15 ‘‘(g)’’; and

16 (H) in subsection (h)—

17 (i) by inserting ‘‘ADMINISTRATION OF

18 LANDS TRANSFERRED OR ACQUIRED.—’’

19 after ‘‘(h)’’;

20 (ii) by striking the period at the end

21 and inserting the following: ‘‘: Provided

22 further, That, in order to facilitate reloca23 tion, in the discretion of the Commissioner,

24 the Commissioner may grant homesite

25 leases on land acquired pursuant to this
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1 section to members of the extended family

2 of a Navajo who is certified as eligible to

3 receive benefits under this Act, except that

4 the Commissioner may not expend, or oth5 erwise make available funds made available

6 by appropriations to the Commissioner to

7 carry out this Act, to provide housing to

8 those extended family members.’’; and

9 (I) in subsection (i)—

10 (i) by inserting ‘‘NEGOTIATIONS RE11 GARDING LAND EXCHANGES OR LEASES.’’

12 after ‘‘(i)’’; and

13 (ii) by striking ‘‘section 23’’ and in14 serting ‘‘section 18’’.

15 (7) Section 12 (25 U.S.C. 640d–11) is amend16 ed—

17 (A) by striking ‘‘SEC. 12. (a) There is

18 hereby’’ and inserting the following:

19 ‘‘SEC. 7. OFFICE OF NAVAJO AND HOPI INDIAN RELOCA20 TION.

21 ‘‘(a) ESTABLISHMENT.—There is hereby’’;

22 (B) in subsection (b), by inserting ‘‘AP23 POINTMENT—’’ after ‘‘(b)’’;

24 (C) in subsection (c), by inserting ‘‘CON25 TINUATION OF POWERS.—’’ after ‘‘(c)’’;
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1 (D) in subsection (d), by inserting ‘‘POW2 ERS OF COMMISSIONER.—’’ after ‘‘(d)’’;

3 (E) in subsection (e), by inserting ‘‘AD4 MINISTRATION.—’’ after ‘‘(e)’’;

5 (F) by striking subsection (f) and inserting

6 the following:

7 ‘‘(f) TERMINATION.—The Office of Navajo and Hopi

8 Indian Relocation shall cease to exist on September 30,

9 2001. On that date, any functions of the Office that have

10 not been fully discharged, as determined in accordance

11 with this Act shall be transferred to the Secretary of the

12 Interior in accordance with title III of the Navajo-Hopi

13 Land Settlement Act Amendments of 1996.’’; and

14 (G) by adding at the end the following new

15 subsections:

16 ‘‘(g) OFFICE OF RELOCATION.—Effective on October

17 1, 2001, there is established in the Department of the In18 terior an Office of Relocation. The Secretary of the Inte19 rior, acting through the Office of Relocation, shall carry

20 out the functions of the Office of Navajo and Hopi Indian

21 Relocation transferred to the Secretary of the Interior in

22 accordance with title III of the Navajo-Hopi Land Settle23 ment Act Amendments of 1996.

24 ‘‘(h) TERMINATION OF OFFICE OF RELOCATION.—

25 The Office of Relocation shall cease to exist on the date
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1 on which the Secretary of the Interior determines that the

2 functions of the Office have been fully discharged.’’.

3 (8) Section 13 (25 U.S.C. 640d–12) is amend4 ed—

5 (A) by striking ‘‘SEC. 13. (a) Within’’ and

6 inserting the following:

7 ‘‘SEC. 13. REPORT CONCERNING RELOCATION OF HOUSE8 HOLDS AND MEMBERS OF EACH TRIBE.

9 ‘‘(a) IN GENERAL.—Within’’;

10 (B) in subsection (b), by inserting ‘‘CON11 TENT OF REPORT.—’’ after ‘‘(b)’’; and

12 (C) in subsection (c), by inserting ‘‘DE13 TAILED PLAN FOR RELOCATION.—’’ after

14 ‘‘(c)’’;

15 (9) Section 14 (25 U.S.C. 640d–13) is amend16 ed—

17 (A) by striking ‘‘SEC. 14. (a) Consistent’’

18 and inserting the following:

19 ‘‘SEC. 8. RELOCATION OF HOUSEHOLDS AND MEMBERS.

20 ‘‘(a) AUTHORIZATION.—’’;

21 (B) in subsection (a)—

22 (i) in the first sentence—

23 (I) by striking ‘‘section 8’’ each

24 place it appears and inserting ‘‘section

25 3’’; and
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1 (II) by striking ‘‘sections 2 and

2 3’’ and inserting ‘‘section 1’’; and

3 (ii) by striking the second sentence;

4 (C) in subsection (b)—

5 (i) by inserting ‘‘ADDITIONAL PAY6 MENTS TO HEADS OF HOUSEHOLDS’’ after

7 ‘‘(b)’’; and

8 (ii) by striking ‘‘section 15’’ and in9 serting ‘‘section 9’’;

10 (D) in subsection (c), by inserting ‘‘PAY11 MENTS FOR PERSONS MOVING AFTER A CER12 TAIN DATE.—’’; and

13 (E) by adding at the end the following new

14 subsection:

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

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

17 of September 30, 2001, that head has not been certified

18 as eligible to receive those payments.’’.

19 (10) In section 15 (25 U.S.C. 640d–14)—

20 (A) by striking ‘‘SEC. 15. (a) The Commis21 sion’’ and inserting the following:

22 ‘‘SEC. 9. RELOCATION HOUSING.

23 ‘‘(a) PURCHASE OF HABITATION AND IMPROVE24 MENTS.—The Commission’’;
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1 (B) in the last sentence of subsection (a),

2 by striking ‘‘as determined under section

3 13(b)(2) of this title’’;

4 (C) in subsection (b), by inserting ‘‘REIM5 BURSEMENT FOR MOVING EXPENSES AND PAY6 MENT FOR REPLACEMENT DWELLING.—’’ after

7 ‘‘(b)’’;

8 (D) in subsection (c)—

9 (i) by inserting ‘‘STANDARDS; CER10 TAIN PAYMENTS.—’’ after ‘‘(c)’’;

11 (ii) by striking ‘‘section 8’’ and insert12 ing ‘‘section 3’’; and

13 (iii) by striking ‘‘section 3 or 4 of this

14 title’’ and inserting ‘‘section 1’’;

15 (E) in subsection (d), by inserting ‘‘METH16 ODS OF PAYMENT.—’’ after ‘‘(d)’’;

17 (F) by striking subsection (g);

18 (G) by redesignating subsections (e) and

19 (f) as subsections (g) and (h), respectively;

20 (H) by inserting after subsection (d) the

21 following new subsections:

22 ‘‘(e) BENEFITS HELD IN TRUST.—

23 ‘‘(1) IN GENERAL.—On September 30, 2001,

24 the Commissioner shall notify the Secretary of the

25 Interior (hereafter in this subsection referred to as
13

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1 the ‘Secretary’) of the identity of any head of house2 hold that is certified as eligible to receive benefits

3 under this Act (hereafter in this subsection referred

4 to as an ‘eligible head of household’) who, as of such

5 date—

6 ‘‘(A) does not reside on lands that have

7 been partitioned to the tribe of that eligible

8 head of household; and

9 ‘‘(B) has not received a replacement home.

10 ‘‘(2) TRANSFER OF FUNDS.—On the date speci11 fied in paragraph (1), the Commissioner shall trans12 fer to the Secretary any unexpended funds that were

13 made available to the Commissioner for the purpose

14 of making payments under this Act to the eligible

15 heads of household referred to in paragraph (1).

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

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

18 hold the funds transferred under paragraph (2)

19 in trust for the eligible heads of household re20 ferred to in paragraph (1). The Secretary shall

21 provide payments in amounts that would have

22 otherwise have been made to an eligible head of

23 household before the date specified in para24 graph (1) from the amounts held in trust—
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1 ‘‘(i) upon request of the eligible head

2 of household, to be used for a replacement

3 home; or

4 ‘‘(ii) if the eligible head of household

5 does not make a request under clause (i),

6 upon the death of the eligible head of

7 household, in accordance with subpara8 graph (B).

9 ‘‘(B) DISTRIBUTION OF FUNDS UPON THE

10 DEATH OR AN ELIGIBLE HEAD OF HOUSE11 HOLD.—If, upon the death of an eligible head

12 of household, the Secretary holds funds in trust

13 under this paragraph for that eligible head of

14 household, the Secretary shall—

15 ‘‘(i) determine and notify the heirs of

16 the head of household; and

17 ‘‘(ii) distribute the funds to—

18 ‘‘(I) the heirs who have attained

19 the age of 18; and

20 ‘‘(II) each remaining heir, at the

21 time that the heir attains the age of

22 18.

23 ‘‘(f) NOTIFICATION.—

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

25 after the date of enactment of the Navajo-Hopi
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1 Land Settlement Act Amendments of 1996, the

2 Commissioner shall, in accordance with section

3 700.138 of title 25, Code of Federal Regulations,

4 notify each eligible head of household who has not

5 entered into a lease with the Hopi Tribe to reside

6 on lands partitioned to the Hopi Tribe.

7 ‘‘(2) LIST.—Upon the expiration of the notice

8 periods referred to in section 700.139 of title 25,

9 Code of Federal Regulations, the Commissioner shall

10 forward to the Secretary and the United States At11 torney for the District of Arizona a list containing

12 the name and address of each eligible head of house13 hold who—

14 ‘‘(A) continues to reside on lands that have

15 not been partitioned to the tribe of that eligible

16 head of household; and

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

18 on those lands.

19 ‘‘(3) CONSTRUCTION OF REPLACEMENT

20 HOMES.—Before July 1, 1999, the Commissioner

21 may commence construction of a replacement home

22 on the lands acquired under section 6 not later than

23 90 days after receiving a notice of the imminent re24 moval of a relocatee from the lands partitioned

25 under this Act to the Hopi Tribe from—
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1 ‘‘(A) the Secretary; or

2 ‘‘(B) the United States Attorney for the

3 District of Arizona.’’;

4 (I) in subsection (g), as redesignated by

5 subparagraph (G)—

6 (i) by inserting ‘‘DISPOSAL OF AC7 QUIRED DWELLINGS AND IMPROVE8 MENTS.—’’ after ‘‘(g)’’

9 (ii) by striking ‘‘section 8’’ and insert10 ing ‘‘section 3’’; and

11 (iii) by striking ‘‘section 3 or 4 of this

12 title’’ and inserting ‘‘section 1’’;

13 (J) in subsection (h), as redesignated by

14 subparagraph (G), by inserting ‘‘PREF15 ERENTIAL TREATMENT FOR HEADS OF HOUSE16 HOLDS OF THE NAVAJO TRIBE EVICTED FROM

17 THE HOPI RESERVATION BY JUDICIAL DECI18 SION.—’’; and

19 (K) by adding after subsection (h) the fol20 lowing new subsections:

21 ‘‘(i) APPEALS.—

22 ‘‘(1) IN GENERAL.—The Commissioner shall es23 tablish an expedited hearing procedure that shall

24 apply to an appeal relating to the denial of eligibility
17

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1 for benefits under this Act (including the regulations

2 issued under this Act) that is—

3 ‘‘(A) pending on the date of enactment of

4 Navajo-Hopi Land Settlement Act Amendments

5 of 1996; or

6 ‘‘(B) filed after the date specified in sub7 paragraph (A).

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

9 procedure established under paragraph (1) shall—

10 ‘‘(A) as necessary, provide for a hearing

11 before an impartial third party: and

12 ‘‘(B) ensure the achievement of a final de13 termination by the Office of Navajo and Hopi

14 Indian Relocation for each appeal described in

15 that paragraph not later than January 1, 1999.

16 ‘‘(3) NOTICE.—

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

18 days after the date of enactment of the Navajo19 Hopi Land Settlement Act Amendments of

20 1996, the Commissioner shall provide written

21 notice to any individual that the Commissioner

22 determines may have the right to a determina23 tion of eligibility for benefits under this Act.

24 ‘‘(B) REQUIREMENTS FOR NOTICE.—The

25 notice provided under this paragraph shall—
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1 ‘‘(i) specify that a request for a deter2 mination of eligibility referred to in sub3 paragraph (A) shall be presented to the

4 Commission not later than 180 days after

5 the date of issuance of the notice; and

6 ‘‘(ii) be provided—

7 ‘‘(I) by mail (which may be car8 ried out by a means other than cer9 tified mail) to the last known address

10 (if available) of the recipient; and

11 ‘‘(II) in a newspaper of general

12 circulation in the geographic area in

13 which an address referred to in sub14 clause (I) is located.

15 ‘‘(j) PROCUREMENT OF SERVICES.—

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

17 provision of this Act, to ensure the full and fair eval18 uation of the requests referred to in subsection

19 (i)(3)(A) (including an appeal hearing before an im20 partial third party referred to in subsection

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

22 contracts or agreements to procure such services,

23 and employ such personnel (including attorneys), as

24 are necessary.
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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 of the Depart5 ment of the Interior, to make available, by detail or

6 other appropriate arrangement, to the Office of Nav7 ajo and Hopi Indian Relocation, an administrative

8 law judge or other hearing officer with appropriate

9 qualifications to review the requests referred to in

10 subsection (i)(3)(A).

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

12 APPEALS.—

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

14 any individual who, under the procedures established

15 by the Commissioner under this section, is deter16 mined not to be eligible to receive benefits under this

17 Act may appeal that determination to the United

18 States Circuit Court of Appeals for the Ninth Cir19 cuit (hereafter in this subsection referred to as the

20 ‘Circuit Court’).

21 ‘‘(2) REVIEW.—

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

23 shall, with respect to each appeal referred to in

24 paragraph (1)—
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1 ‘‘(i) review the entire record (as cer2 tified to the Circuit Court under paragraph

3 (3)) on which a determination of the ineli4 gibility of the appellant to receive benefits

5 under this Act was based; and

6 ‘‘(ii) on the basis of that review, af7 firm or reverse that determination.

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

9 Court shall affirm any determination that the

10 Circuit Court determines to be supported by

11 substantial evidence.

12 ‘‘(3) NOTICE OF APPEAL.—

13 ‘‘(A) IN GENERAL.—An individual who ap14 peals a determination of ineligibility under

15 paragraph (1) shall, not later than 30 days

16 after the date of that determination, file a no17 tice of appeal with—

18 ‘‘(i) the Circuit Court; and

19 ‘‘(ii) the Commissioner.

20 ‘‘(B) CERTIFICATION OF RECORD.—Upon

21 receipt of a notice provided under subparagraph

22 (A)(ii), the Commissioner shall certify to the

23 Circuit Court the record on which the deter24 mination that is the subject of the appeal was

25 made.
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1 ‘‘(C) REVIEW PERIOD.—The Circuit Court

2 shall conduct a review and render a decision

3 under paragraph (2) not later than 60 days

4 after receiving a certified record under subpara5 graph (B).

6 ‘‘(D) BINDING DECISION.—A decision

7 made by the Circuit Court under this sub8 section shall be final and binding on all par9 ties.’’.

10 (11) Section 16 (25 U.S.C. 640d–15) is amend11 ed—

12 (A) by striking ‘‘SEC. 16. (a) The Navajo’’

13 and inserting the following:

14 ‘‘SEC. 10. PAYMENT OF FAIR RENTAL VALUE FOR USE OF

15 LANDS.

16 ‘‘(a) IN GENERAL.—The Navajo’’;

17 (B) in subsection (a), by striking ‘‘sections

18 8 and 3 or 4’’ and inserting ‘‘sections 1 and 3’’;

19 and

20 (C) in subsection (b)—

21 (i) by inserting ‘‘PAYMENT.—’’ after

22 ‘‘(b)’’; and

23 (ii) by striking sections 8 and 3 or 4’’

24 and inserting ‘‘sections 1 and 3’’.
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1 (12) Section 17 (25 U.S.C. 640d–16) is amend2 ed—

3 (A) by striking ‘‘SEC. 17. (a) Nothing’’

4 and inserting the following:

5 ‘‘SEC. 11. STATUTORY CONSTRUCTION.

6 (a) IN GENERAL.—Nothing’’; and

7 (B) in subsection (b), by inserting ‘‘FED8 ERAL EMPLOYEES.—’’ after ‘‘(b)’’.

9 (13) Section 18 (25 U.S.C. 640d–17) is amend10 ed—

11 (A) by striking ‘‘SEC. 18. (a) Either’’ and

12 inserting the following:

13 ‘‘SEC. 12. ACTIONS FOR ACCOUNTING, FAIR VALUE OF

14 GRAZING, AND CLAIMS FOR DAMAGES TO

15 LAND.

16 ‘‘(a) Either’’;

17 (B) in the matter preceding paragraph (1)

18 in subsection (a), by striking ‘‘section 3 or 4’’

19 and inserting ‘‘section 1’’;

20 (C) in subsection (b)—

21 (i) by inserting ‘‘DEFENSES.—’’ after

22 ‘‘(b)’’;

23 (ii) by striking ‘‘section 3 or 4’’ and

24 inserting ‘‘section 1’’;
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1 (D) in subsection (c), by inserting ‘‘FUR2 THER ORIGINAL, ANCILLARY, OR SUPPLE3 MENTARY ACTS TO INSURE QUIET ENJOY4 MENT.—’’ after ‘‘(c)’’;

5 (E) in subsection (d), by inserting ‘‘UNIT6 ED STATES AS PARTY; JUDGMENTS AGAINST

7 THE UNITED STATES’’ after ‘‘(d)’’; and

8 (F) in subsection (e), by inserting ‘‘REM9 EDIES’’ after ‘‘(e)’’.

10 (14) Section 19 (25 U.S.C. 640d–18) is amend11 ed—

12 (A) by striking ‘‘SEC. 19. (a) Notwith13 standing’’ and inserting the following:

14 ‘‘SEC. 14. REDUCTION IN LIVESTOCK WITH JOINT USE.

15 ‘‘(a) IN GENERAL.—Notwithstanding’’;

16 (B) in subsection (a), by striking ‘‘section

17 3 or 4’’ and inserting ‘‘section 1’’;

18 (C) in subsection (b)—

19 (i) by inserting ‘‘SURVEY LOCATION

20 OF MONUMENTS AND FENCING OF

21 BOUNDARIES.—’’ after ‘‘(b)’’;

22 (ii) by striking ‘‘sections 8 and 3 or

23 4’’ and inserting ‘‘sections 1 and 3’’;

24 (D) in subsection (c)—
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1 (i) by inserting ‘‘COMPLETION OF

2 SURVEYING, MONUMENTING, AND FENC3 ING OPERATIONS; LIVESTOCK REDUCTION

4 PROGRAM.—’’ after ‘‘(c)’’;

5 (ii) by striking ‘‘section 4 of this title’’

6 and inserting ‘‘section 1’’; and

7 (iii) by striking ‘‘section 8’’ and in8 serting ‘‘section 3’’.

9 (15) Section 20 (25 U.S.C. 640d–19) is amend10 ed by striking ‘‘SEC. 20. The members’’ and insert11 ing the following:

12 ‘‘SEC. 15. PERPETUAL USE OF CLIFF SPRINGS FOR RELI13 GIOUS CEREMONIAL USES; PIPING OF WATER

14 FOR USE BY RESIDENTS.

15 The members’’.

16 (16) Section 21 (25 U.S.C. 640d–20) is amend17 ed by striking ‘‘SEC. 21. Notwithstanding’’ and in18 serting the following:

19 ‘‘SEC. 16. USE AND RIGHT OF ACCESS TO RELIGIOUS

20 SHRINES ON RESERVATION OF OTHER TRIBE.

21 Notwithstanding’’.

22 (17) Section 22 (25 U.S.C. 640d–21) is amend23 ed by striking ‘‘SEC. 22. The availability’’ and in24 serting the following:
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1 ‘‘SEC. 17. EXCLUSION OF PAYMENTS FROM CERTAIN FED2 ERAL DETERMINATIONS OF INCOME.

3 The availability’’.

4 (18) Section 23 (25 U.S.C. 649d–22) is amend5 ed—

6 (A) by striking ‘‘SEC. 23. The Navajo’’

7 and inserting the following:

8 ‘‘SEC. 18. AUTHORIZATION FOR EXCHANGE OF RESERVA9 TION LANDS.

10 The Navajo’’; and

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

12 inserting ‘‘sections 8 and 9’’.

13 (19) Section 24 (25 U.S.C. 640d–23) is amend14 ed by striking ‘‘SEC. 24. If’’ and inserting the fol15 lowing:

16 ‘‘SEC. 19. SEVERABILITY OF PROVISIONS.

17 ‘‘If’’.

18 (20) Section 25 (25 U.S.C. 640d–24) is amend19 ed to read as follows:

20 ‘‘SEC. 20. AUTHORIZATIONS OF APPROPRIATIONS.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) RECLOCATION OF HOUSEHOLDS AND MEM23 BERS.—For the purposes of carrying out the provi24 sions of section 9, there are authorized to be appro25 priated such sums as may be necessary for each of

26 fiscal years 1998 through 2002.
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1 ‘‘(2) RETURN TO CARRYING CAPACITY AND IN2 STITUTION OF CONSERVATION PRACTICES.—For the

3 purposes of carrying out section 14(a), there are au4 thorized to be appropriated $10,000,000.

5 ‘‘(3) SURVEY LOCATION OF MONUMENTS AND

6 FENCING OF BOUNDARIES.—For the purpose of car7 rying out section 14(b), there are authorized to be

8 appropriated $500,000.

9 ‘‘(4) RECLOCATION OF HOUSEHOLDS AND MEM10 BERS.—For the purposes of carrying out section

11 8(b) there are authorized to be appropriated

12 $13,000,000.’’.

13 (21) Section 26 (88 Stat. 1723) is repealed.

14 (22) Section 27 (25 U.S.C. 640d–25) is amend15 ed—

16 (A) by striking ‘‘SEC. 27.’’ and all that fol17 lows through subsection (b) and inserting the

18 following:

19 ‘‘SEC. 21. FUNDING AND CONSTRUCTION OF HOPI HIGH

20 SCHOOL AND MEDICAL CENTER.’’; and

21 (B) in subsection (c), by striking ‘‘(c)’’.

22 (23) Section 28 (25 U.S.C. 640d–26) is amend23 ed—

24 (A) by striking ‘‘SEC. 28. (a) No action’’

25 and inserting the following:
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1 ‘‘SEC. 22. ENVIRONMENTAL IMPACT; APPLICABILITY OF

2 WILDERNESS STUDY; CANCELLATION OF

3 GRAZING LEASES AND PERMITS.

4 ‘‘(a) IN GENERAL.—No action’’;

5 (B) in subsection (b), by inserting ‘‘EF6 FECT OF WILDERNESS STUDY.—’’ after ‘‘(b)’’;

7 and

8 (C) by adding at the end the following new

9 subsection:

10 ‘‘(c) CONSTRUCTION REQUIREMENTS.—

11 ‘‘(1) IN GENERAL.—Any construction activities

12 that are undertaken under this Act shall be con13 ducted in compliance with sections 3 through 7 of

14 Public law 86–523 (16 U.S.C. 469a–1 through

15 469c).

16 ‘‘(2) COMPLIANCE WITH OTHER REQUIRE17 MENTS.—With respect to any construction activity

18 referred to in paragraph (1), compliance with the

19 provisions referred to in that paragraph shall be

20 considered to satisfy the applicable requirements

21 of—

22 ‘‘(A) the Act entitled ‘‘An Act to establish

23 a program for the preservation of additional

24 historic properties throughout the Nation, and

25 for other purposes’’, approved October 15, 1996

26 (Public Law 89–665); and
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1 ‘‘(B) The Act entitled ‘‘An Act for the

2 preservation of American antiquities’’, approved

3 June 8, 1906 (34 Stat. 225, chapter 3060).’’.

4 (24) Section 29 (25 U.S.C. 640d–27) is amend5 ed—

6 (A) by striking ‘‘SEC. 29. (a) In any’’ and

7 inserting the following:

8 ‘‘SEC. 23. ATTORNEY FEES, COST AND EXPENSES FOR LITI9 GATION OR COURT ACTION.

10 ‘‘(a) PAYMENT BY SECRETARY; AUTHORIZATION OF

11 APPROPRIATIONS.—In any;

12 (B) in subsection (b), by inserting ‘‘AWARD

13 BY COURT.—’’ after ‘‘(b)’’;

14 (C) in subsection (c), by inserting ‘‘EX15 CESS DIFFERENCE.—’’ after ‘‘(c)’’; and

16 (D) in subsection (d)—

17 (i) by inserting ‘‘LITIGATION OF

18 COURT ACTIONS APPICABLE.—’’ after

19 ‘‘d’’; and

20 (ii) by striking ‘‘section 8’’ and insert21 ing ‘‘section 3’’.

22 (25) Section 31 (25 U.S.C. 640d–29) is amend23 ed—

24 (A) by striking ‘‘SEC. 31. (a) Except’’ and

25 inserting the following:
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1 ‘‘SEC. 24. LOBBYING.

2 ‘‘(a) IN GENERAL.—Except’’; and

3 (B) in subsection (b), by inserting ‘‘APPLI4 CABILITY.—’’ before ‘‘(b)’’.

5 (26) The first section designated as section 32

6 (25 U.S.C. 640d–30), as added by section 7 of the

7 Navajo-Hopi Relocation Act Amendments of 1988,

8 is amended—

9 (A) by striking ‘‘SEC. 32. (a) There’’ and

10 inserting the following:

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

12 ‘‘(a) IN GENERAL.—There’’;

13 (B) in subsection (b), by inserting ‘‘DEPOSIT

14 OF INCOME INTO FUND.—’’ after ‘‘(b)’’;

15 (C) in subsection (c), by inserting ‘‘IN16 VESTMENT OF FUNDS.—’’ after ‘‘(c)’’;

17 (D) in subsection (d), by inserting ‘‘AVAIL18 ABILITY OF FUNDS.—’’ after ‘‘d)’’;

19 (E) in subsection (e), by inserting ‘‘EX20 PENDITURE OF FUNDS.—’’ after ‘‘(e)’’;

21 (F) in subsection (f), by inserting ‘‘TERMI22 NATION OF TRUST FUND.—’’ after ‘‘(f)’’; and

23 (G) in subsection (g), by inserting ‘‘AU24 THORIZATION OF APPROPRIATIONS.—’’ after

25 ‘‘(g)’’.
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1 (27) Section 32 (25 U.S.C. 640–31), as added

2 by section 407 of the Arizona-Idaho Conservation

3 Act of 1988m, is amended by striking ‘‘SEC. 32.

4 Nothing’’ and inserting the following:

5 ‘‘SEC. 26. AVAILABILITY OF FUNDS FOR RELOCATION AS6 SISTANCE REGARDLESS OF PLACE OF RESI7 DENCE.’’.

8 ‘‘Nothing’’.

9 TITLE II—PERSONNEL OF THE

10 OFFICE OF NAVAJO AND HOPI

11 INDIAN RELOCATION

12 SEC. 201. RETENTION PREFERENCE.

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

14 United States Code, is amended—

15 (1) by striking ‘‘or’’ after ‘‘Senate’’ and insert16 ing a comma;

17 (2) by striking ‘‘or’’ after ‘‘Service’’ and insert18 ing a comma; and

19 (3) by inserting ‘‘, or to an employee of the Of20 fice of Navajo and Hopi Indian Relocation before

21 the period.

22 SEC. 202. SEPARATION PAY.

23 (a) IN GENERAL.—Chapter 55 title 5, United States

24 Code, is amended by adding at the end the following new

25 section:
31

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1 § 5598 Separation pay for certain employees of the

2 Office of Navajo and Hopi Indian Reloca3 tion

4 ‘‘(a) IN GENERAL.—Except as provided in sub5 sections (b) and (c), the Commissioner of the Office of

6 Navajo and Hopi Indian Relocation shall establish a pro7 gram to offer separation pay to employees of the Office

8 of Navajo and Hopi Indian Relocation (hereafter in this

9 section referred to as the ‘Office’) in the same manner

10 as the Secretary of Defense offers separation pay to em11 ployees of a defense agency under section 5597.

12 ‘‘(b) SEPARATION PAY.—

13 ‘‘(1) IN GENERAL.—Under the program estab14 lished under subsection (a), the Commissioner of the

15 Office may offer separation pay only to employees

16 within the occupational groups or at pay levels that

17 will minimize disruption of ongoing Office programs

18 at the time that the separation pay is offered.

19 ‘‘(2) REQUIREMENT.—Any separation pay of20 fered under this subsection shall—

21 ‘‘(A) be paid in a lump sum;

22 ‘‘(B) be in an amount equal to $25,000, if

23 paid on or before December 31, 1998;

24 ‘‘(C) be in an amount equal to $20,000, if

25 paid after December 31, 1998, and before Jan26 uary 1, 2000;
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1 ‘‘(D) be in an amount equal to $15,000, if

2 paid after December 31, 1999, and before Jan3 uary 1, 2001;

4 ‘‘(E) not—

5 ‘‘(i) be a basis for payment;

6 ‘‘(ii) be considered as income for the

7 purposes of computing any other type of

8 benefit provided by the Federal Govern9 ment; and

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

11 to receive any severance pay under section 5595

12 on the basis of any other separation, not be

13 payable in addition to the amount of the sever14 ance pay to which that individual is entitled

15 under section 5595.

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

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

18 separation occurring after December 30, 2000.’’.

19 (b) CONFORMING AMENDMENT.—The chapter analy20 sis for chapter 55 of title 5 is amended by adding at the

21 end the following new item:

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

Indian Relocation.’’.

22 SEC. 203. IMMEDIATE RETIREMENT.

23 Section 8336(j)(1)(B) of title 5, United States Code,

24 is amended by inserting ‘‘or was employed by the Office
33

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1 of Navajo and Hopi Indian Relocation during the period

2 beginning on January 1, 1990, and ending on the date

3 of separation of that employee’’ before the final comma.

4 SEC. 204. COMPUTATION OF ANNUITY.

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

6 amended by adding at the end the following new para7 graph:

8 ‘‘(8) The annuity of an employee of the Office of Nav9 ajo and Hopi Indian Relocation described in section

10 8336(j)(1)(B) shall be determined under subsection (a),

11 except that with respect to service of that employee on

12 or after January 1, 1990, the annuity of that employee

13 shall be—

‘‘(A)(i) 21 14 ⁄2 percent of the employee’s average

15 pay; multiplied by

16 ‘‘(ii) so much of the employee’s service on or

17 after January 1, 1990, as does not exceed 10 years;

18 plus

19 ‘‘(B)(i) 2 percent of the average pay of the em20 ployee; multiplied by

21 ‘‘(ii) so much of the service of the employee on

22 or after January 1, 1990, as exceeds 10 years.’’.
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1 SEC. 205. IMMEDIATE RETIREMENT.

2 Section 8412 of title 5, United States Code, is

3 amended by adding at the end the following new sub4 section:

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

6 Indian Relocation is entitled to an annuity if that em7 ployee—

8 ‘‘(1) has been continuously employed in the Of9 fice of Navajo and Hopi Indian Relocation during

10 the period beginning on January 1, 1990, and end11 ing on the date of separation of that individual; and

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

13 any age; or

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

15 completed 20 years of service.’’.

16 SEC. 206. COMPUTATION OF BASIC ANNUITY.

17 Section 8415 of title 5, United States Code, is

18 amended by adding at the end the following new sub19 section:

20 ‘‘(h) The annuity of an employee retiring under sec21 tion 8412(i) shall be determined under subsection (d), ex22 cept that with respect to service during the period begin23 ning on January 1, 1990, the annuity of the employee

24 shall be—

25 ‘‘(1)(A) 2 percent of the average pay of that in26 dividual; multiplied by
35

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1 ‘‘(B) so much of the total service of that indi2 vidual as does not exceed 10 years; plus

‘‘(2)(A) 11 3 ⁄2 percent of the average pay of the

4 individual; multiplied by

5 ‘‘(B) so much of the total service of that indi6 vidual as exceeds 10 years.’’.

7 TITLE III—TRANSFER OF FUNC8 TIONS AND SAVINGS PROVI9 SIONS

10 SEC. 301. DEFINITIONS.

11 For purposes of this title, unless otherwise provided

12 or indicated by the context—

13 (1) the term ‘‘Federal agency’’ has the meaning

14 given to the term ‘‘agency’’ by section 551(1) of title

15 5, United States Code;

16 (2) the term ‘‘function’’ means any duty, obli17 gation, power, authority, responsibility, right, privi18 lege, activity, or program; and

19 (3) the term ‘‘office’’ includes any office, ad20 ministration, agency, institute, unit, organizational

21 entity, or component thereof.

22 SEC. 302. TRANSFER OF FUNCTIONS.

23 Effective on the date specified in section 307, there

24 are transferred to the Department of the Interior all func25 tions which Office of Navajo and Hopi Relocation exer-
36

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1 cised before the date of the enactment of this title (includ2 ing all related functions of any officer or employee of the

3 Office of Navajo and Hopi Relocation) relating to func4 tions of the Office that have not been fully discharged,

5 as determined in accordance with the Act commonly

6 known as the ‘‘Navajo-Hopi Land Settlement Act of

7 1974’’ (Public law 93–531; 25 U.S.C. 640 et seq.).

8 SEC. 303. TRANSFER AND ALLOCATIONS OF APPROPRIA9 TIONS.

10 Except as otherwise provided in this Act and the

11 amendments made by this Act, the assets, liabilities, con12 tracts, property, records, and unexpended balances of ap13 propriations, authorizations, allocations, and other funds

14 employed, used, held, arising from, available to, or to be

15 made available in connection with the functions trans16 ferred by this title, subject to section 1531 of title 31,

17 United States Code, shall be transferred to the Depart18 ment of the Interior. Unexpended funds transferred pur19 suant to this section shall be used only for the purposes

20 for which the funds were originally authorized and appro21 priated.

22 SEC. 304. SAVINGS PROVISIONS.

23 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

24 All orders, determinations, rules, regulations, permits,
37

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1 agreements, grants, contracts, certificates, licenses, reg2 istrations, privileges, and other administrative actions—

3 (1) which have been issued, made, granted, or

4 allowed to become effective by the President, any

5 Federal agency or official thereof, or by a court of

6 competent jurisdiction, in the performance of func7 tions which are transferred under this title, and

8 (2) which are in effect at the time this title

9 takes effect, or were final before the effective date

10 of this title and are to become effective on or after

11 the effective date of this title,

12 shall continue in effect according to their terms until

13 modified, terminated, superseded, set aside, or revoked in

14 accordance with law by the President, the Secretary of the

15 Interior or other authorized official, a court of competent

16 jurisdiction, or by operation of law.

17 (b) PROCEEDINGS NOT AFFECTED.—The provisions

18 of this title shall not affect any proceedings, including no19 tices of proposed rulemaking, or any application for any

20 license, permit, certificate, or financial assistance pending

21 before the Office of Navajo and Hopi Relocation at the

22 time this title takes effect, with respect to functions trans23 ferred by this title but such proceedings and applications

24 shall be continued. Orders shall be issued in such proceed25 ings, appeals shall be taken therefrom, and payments shall
38

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1 be made pursuant to such orders, as if this title had not

2 been enacted, and orders issued in any such proceedings

3 shall continue in effect until modified, terminated, super4 seded, or revoked by a duly authorized official, by a court

5 of competent jurisdiction, or by operation of law. Nothing

6 in this subsection shall be deemed to prohibit the dis7 continuance or modification of any such proceeding under

8 the same terms and conditions and to the same extent that

9 such proceeding could have been discontinued or modified

10 if this title had not been enacted.

11 (c) SUITS NOT AFFECTED.—The provisions of this

12 title shall not affect suits commenced before the effective

13 date of this title, and in all such suits, proceedings shall

14 be had, appeals taken, and judgments rendered in the

15 same manner and with the same effect as if this title had

16 not been enacted.

17 (d) NONABATEMENT OF ACTIONS.—No suit, action,

18 or other proceeding commenced by or against Office of

19 Navajo and Hopi Relocation, or by or against any individ20 ual in the official capacity of such individual as an officer

21 of Office of Navajo and Hopi Relocation, shall abate by

22 reason of the enactment of this title.

23 (e) ADMINISTRATIVE ACTIONS RELATING TO PRO24 MULGATION OF REGULATIONS.—Any administrative ac25 tion relating to the preparation or promulgation of a regu-
39

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1 lation by Office of Navajo and Hopi Relocation relating

2 to a function transferred under this title may be continued

3 by the Department of the Interior with the same effect

4 as if this title had not been enacted.

Æ