Calendar No. 582

104TH CONGRESS

2D SESSION S. 1973

[Report No. 104–363]

A BILL

To provide for the settlement of the Navajo-Hopi

land dispute, and for other purposes.

SEPTEMBER 9, 1996

Reported with an amendment
II

Calendar No. 582

104TH CONGRESS

2D SESSION S. 1973

[Report No. 104–363]

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

other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 18, 1996

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

to the Committee on Indian Affairs

SEPTEMBER 9, 1996

Reported by Mr. MCCAIN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the settlement of the Navajo-Hopi land

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

5 Dispute Settlement Act of 1996’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

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

4 Navajos residing on the Hopi Partitioned Lands,

5 and the United States to reach a peaceful resolution

6 of the longstanding disagreements between the par7 ties under the Act commonly known as the ‘‘Navajo8 Hopi Land Settlement Act of 1974’’ (Public Law

9 93–531; 25 U.S.C. 640d et seq.);

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

11 the United States that there be a fair and final set12 tlement of certain issues remaining in connection

13 with the Navajo-Hopi Land Settlement Act of 1974,

14 including the full and final settlement of the mul15 tiple claims that the Tribe has against the United

16 States;

17 (3) this Act, together with the Settlement

18 Agreement executed on December 14, 1995, and the

19 Accommodation Agreement (as incorporated by the

20 Settlement Agreement), provide the authority for the

21 Tribe to enter agreements with eligible, traditional

22 Navajo families in order for those families to remain

23 residents of the Hopi Partitioned Lands for a period

24 of 75 years, subject to the terms and conditions of

25 the Accommodation Agreement;
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1 (4) the United States acknowledges and re2 spects—

3 (A) the sincerity of the traditional beliefs

4 of the members of the Tribe and the Navajo

5 families residing on the Hopi Partitioned

6 Lands; and

7 (B) the importance that the respective tra8 ditional beliefs of the members of the Tribe and

9 Navajo families have with respect to the culture

10 and way of life of those members and families;

11 (5) this Act, the Settlement Agreement, and the

12 Accommodation Agreement provide for the mutual

13 respect and protection of the traditional religious be14 liefs and practices of the Navajo families residing on

15 the Hopi Partitioned Lands; and

16 (6) the Tribe is encouraged to work with the

17 Navajo families residing on the Hopi Partitioned

18 Lands to address their concerns regarding the estab19 lishment of family or individual burial plots for de20 ceased family members who have resided on the

21 Hopi Partitioned Lands.

22 SEC. 3. DEFINITIONS.

23 Except as otherwise provided in this Act, for purposes

24 of this Act, the following definitions shall apply:
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1 (1) ACCOMMODATION.—The term ‘‘Accommoda2 tion’’ has the meaning provided the term ‘‘Accom3 modation’’ under the Settlement Agreement.

4 (2) HOPI PARTITIONED LANDS.—The term

5 ‘‘Hopi Partitioned Lands’’ means lands located in

6 the Hopi Partitioned Area, as defined in section

7 168.1(g) of title 25, Code of Federal Regulations (as

8 in effect on the date of enactment of this Act).

9 (3) NAVAJO PARTITIONED LANDS.—The term

10 ‘‘Navajo Partitioned Lands’’ has the meaning pro11 vided that term in the proposed regulations issued

12 on November 1, 1995, at 60 Fed. Reg. 55506.

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

14 the meaning provided that term in section

15 700.701(b) of title 25, Code of Federal Regulations.

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

17 the Secretary of the Interior.

18 (6) SETTLEMENT AGREEMENT.—The term

19 ‘‘Settlement Agreement’’ means the agreement be20 tween the United States and the Hopi Tribe exe21 cuted on December 14, 1995.

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

23 Tribe.
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1 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

2 The United States approves, ratifies, and confirms

3 the Settlement Agreement.

4 SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.

5 The Secretary shall take such action as may be nec6 essary to ensure that the following conditions are met

7 prior to taking lands into trust for the benefit of the Tribe

8 pursuant to the Settlement Agreement:

9 (1) SELECTION OF LANDS TAKEN INTO

10 TRUST.—

11 (A) PRIMARY AREA.—In accordance with

12 section 7(a) of the Settlement Agreement, the

13 primary area within which lands may be taken

14 into trust by the Secretary for the benefit of the

15 Tribe under the Settlement Agreement shall be

16 located in northern Arizona.

17 (B) REQUIREMENTS FOR LANDS TAKEN

18 INTO TRUST IN THE PRIMARY AREA.—Lands

19 taken into trust in the primary area referred to

20 in subparagraph (A) shall be—

21 (i) land that is used substantially for

22 ranching, agriculture, or another similar

23 use; and

24 (ii) to the extent feasible, in contig25 uous parcels.
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1 (2) ACQUISITION OF LANDS.—Before taking

2 any land into trust for the benefit of the Tribe

3 under this section, the Secretary shall ensure that:

4 (A) At least 75 percent of the eligible Nav5 ajo heads of household (as determined under

6 the Settlement Agreement) have entered into an

7 accommodation or have chosen to relocate and

8 are eligible for relocation assistance (as deter9 mined under the Settlement Agreement).

10 (B) The Tribe has consulted with the State

11 of Arizona concerning the lands proposed to be

12 placed in trust, including consulting the State

13 concerning the impact of placing those lands

14 into trust on the State and political subdivisions

15 thereof resulting from the removal of land from

16 the tax rolls in a manner consistent with the

17 provisions of part 151 of title 25, Code of Fed18 eral Regulations.

19 SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CER20 TAIN INTERSPERSED LANDS.

21 (a) IN GENERAL.—

22 (1) ACTION BY THE SECRETARY.—

23 (A) IN GENERAL.—The Secretary shall

24 take action as specified in subparagraph (B), to
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1 the extent that the Tribe, in accordance with

2 section 7(b) of the Settlement Agreement—

3 (i) acquires private lands; and

4 (ii) requests the Secretary to acquire

5 through condemnation interspersed lands

6 that are owned by the State of Arizona

7 and are located within the exterior bound8 aries of those private lands in order to

9 have both the private lands and the State

10 lands taken into trust by the Secretary for

11 the benefit of the Tribe.

12 (B) ACQUISITION THROUGH CONDEMNA13 TION.—With respect to a request for an acqui14 sition of lands through condemnation made

15 under subparagraph (A), the Secretary shall,

16 upon the recommendation of the Tribe, take

17 such action as may be necessary to acquire the

18 lands through condemnation and pay the State

19 of Arizona fair market value for those lands in

20 accordance with applicable Federal law, if the

21 conditions described in paragraph (2) are met.

22 (2) CONDITIONS FOR ACQUISITION THROUGH

23 CONDEMNATION.—The Secretary may acquire lands

24 through condemnation under this subsection if—
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1 (A) that acquisition is consistent with the

2 purpose of obtaining not more than 500,000

3 acres of land to be taken into trust for the

4 Tribe;

5 (B) the State of Arizona concurs with the

6 United States that the acquisition is consistent

7 with the interests of the State; and

8 (C) the Tribe pays for the land acquired

9 through condemnation under this subsection.

10 (b) DISPOSITION OF LANDS.—If the Secretary ac11 quires lands through condemnation under subsection (a),

12 the Secretary shall take those lands into trust for the

13 Tribe in accordance with this Act and the Settlement

14 Agreement.

15 (c) PRIVATE LANDS.—The Secretary may not ac16 quire private lands through condemnation for the purpose

17 specified in subsection (a)(2)(A).

18 SEC. 7. ACTION TO QUIET TITLE.

19 If the United States fails to discharge the obligations

20 specified in section 9(c) of the Settlement Agreement with

21 respect to voluntary relocation of Navajos residing on

22 Hopi Partitioned Lands, or section 9(d) of the Settlement

23 Agreement, relating to the implementation of sections

24 700.137 through 700.139 of title 25, Code of Federal

25 Regulations, on the New Lands, including failure for rea-
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1 son of insufficient funds made available by appropriations

2 or otherwise, the Tribe may bring an action to quiet pos3 session that relates to the use of the Hopi Partitioned

4 Lands after February 1, 2000, by a Navajo family that

5 is eligible for an accommodation, but fails to enter into

6 an accommodation.

7 SEC. 8. PAYMENTS IN LIEU OF TAXES.

8 Section 6901(1) of title 31, United States Code, is

9 amended—

10 (1) by striking ‘‘or’’ at the end of subparagraph

11 (F);

12 (2) by striking the period at the end of sub13 paragraph (G) and inserting ‘‘; and’’; and

14 (3) by inserting at the end the following new

15 subparagraph:

16 ‘‘(H) Fee lands owned by the Hopi Tribe

17 or members of the Hopi Tribe that are taken

18 into trust by the Secretary of the Interior pur19 suant to the agreement between the United

20 States and the Hopi Tribe executed on Decem21 ber 14, 1995.’’.

22 SEC. 9. 75–YEAR LEASING AUTHORITY.

23 The first section of the Act of August 9, 1955 (69

24 Stat. 539, chapter 615; 25 U.S.C. 415) is amended—
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1 (l) in subsection (a), by inserting before the pe2 riod at the end of the second sentence the following:

3 ‘‘, and except leases of land by the Hopi Tribe to

4 Navajo Indians on the Hopi Partitioned lands, which

5 may be for a term of years not to exceed seventy6 five years’’; and

7 (2) by adding at the end the following new

8 subsection:

9 ‘‘(c) For purposes of this section—

10 ‘‘(1) the term ‘Hopi Partitioned Lands’ means

11 lands located in the Hopi Partitioned Area, as de12 fined in section 168.1 (g) of title 25, Code of Fed13 eral Regulations (as in effect on the date of enact14 ment of this subsection); and

15 ‘‘(2) the term ‘Navajo Indians’ means members

16 of the Navajo Tribe.’’.

17 SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI

18 RELOCATION HOUSING PROGRAM.

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

20 640d–24(a)(8)) is amended by striking ‘‘1996, and 1997’’

21 and inserting ‘‘1996, 1997, 1998, 1999, and 2000’’.

22 SECTION 1. SHORT TITLE.

23 This Act may be cited as the ‘‘Navajo-Hopi Land Dis24 pute Settlement Act of 1996’’.
11

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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) it is in the public interest for the Tribe, Nav4 ajos residing on the Hopi Partitioned Lands, and the

5 United States to reach a peaceful resolution of the

6 longstanding disagreements between the parties under

7 the Act commonly known as the ‘‘Navajo-Hopi Land

8 Settlement Act of 1974’’ (Public Law 93–531; 25

9 U.S.C. 640d et seq.);

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

11 United States that there be a fair and final settlement

12 of certain issues remaining in connection with the

13 Navajo-Hopi Land Settlement Act of 1974, including

14 the full and final settlement of the multiple claims

15 that the Tribe has against the United States;

16 (3) this Act, together with the Settlement Agree17 ment executed on December 14, 1995, and the Accom18 modation Agreement (as incorporated by the Settle19 ment Agreement), provide the authority for the Tribe

20 to enter agreements with eligible Navajo families in

21 order for those families to remain residents of the

22 Hopi Partitioned Lands for a period of 75 years, sub23 ject to the terms and conditions of the Accommodation

24 Agreement;

25 (4) the United States acknowledges and re26 spects—
12

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1 (A) the sincerity of the traditional beliefs of

2 the members of the Tribe and the Navajo families

3 residing on the Hopi Partitioned Lands; and

4 (B) the importance that the respective tra5 ditional beliefs of the members of the Tribe and

6 Navajo families have with respect to the culture

7 and way of life of those members and families;

8 (5) this Act, the Settlement Agreement, and the

9 Accommodation Agreement provide for the mutual re10 spect and protection of the traditional religious beliefs

11 and practices of the Tribe and the Navajo families re12 siding on the Hopi Partitioned Lands; and

13 (6) the Tribe is encouraged to work with the

14 Navajo families residing on the Hopi Partitioned

15 Lands to address their concerns regarding the estab16 lishment of family or individual burial plots for de17 ceased family members who have resided on the Hopi

18 Partitioned Lands.

19 SEC. 3. DEFINITIONS.

20 Except as otherwise provided in this Act, for purposes

21 of this Act, the following definitions shall apply:

22 (1) ACCOMMODATION.—The term ‘‘Accommoda23 tion’’ has the meaning provided that term under the

24 Settlement Agreement.
13

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1 (2) HOPI PARTITIONED LANDS.—The term

2 ‘‘Hopi Partitioned Lands’’ means lands located in the

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

4 of title 25, Code of Federal Regulations (as in effect

5 on the date of enactment of this Act).

6 (3) NAVAJO PARTITIONED LANDS.—The term

7 ‘‘Navajo Partitioned Lands’’ has the meaning pro8 vided that term in the proposed regulations issued on

9 November 1, 1995, at 60 Fed. Reg. 55506.

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

11 the meaning provided that term in section 700.701(b)

12 of title 25, Code of Federal Regulations.

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

14 the Secretary of the Interior.

15 (6) SETTLEMENT AGREEMENT.—The term ‘‘Set16 tlement Agreement’’ means the agreement between the

17 United States and the Hopi Tribe executed on Decem18 ber 14, 1995.

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

20 Tribe.

21 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

22 The United States approves, ratifies, and confirms the

23 Settlement Agreement.
14

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1 SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.

2 The Secretary shall take such action as may be nec3 essary to ensure that the following conditions are met

4 prior to taking lands into trust for the benefit of the Tribe

5 pursuant to the Settlement Agreement:

6 (1) SELECTION OF LANDS TAKEN INTO TRUST.—

7 (A) PRIMARY AREA.—In accordance with

8 section 7(a) of the Settlement Agreement, the pri9 mary area within which lands acquired by the

10 Tribe may be taken into trust by the Secretary

11 for the benefit of the Tribe under the Settlement

12 Agreement shall be located in northern Arizona.

13 (B) REQUIREMENTS FOR LANDS TAKEN

14 INTO TRUST IN THE PRIMARY AREA.—Lands

15 taken into trust in the primary area referred to

16 in subparagraph (A) shall be—

17 (i) land that is used substantially for

18 ranching, agriculture, or another similar

19 use; and

20 (ii) to the extent feasible, in contiguous

21 parcels.

22 (2) ACQUISITION OF LANDS.—Before taking any

23 land into trust for the benefit of the Tribe under this

24 section, the Secretary shall ensure that—

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

26 heads of household (as determined under the Set-
15

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1 tlement Agreement) have entered into an accom2 modation or have chosen to relocate and are eli3 gible for relocation assistance (as determined

4 under the Settlement Agreement); and

5 (B) the Tribe has consulted with the State

6 of Arizona concerning the lands proposed to be

7 placed in trust, including consulting with the

8 State concerning the impact of placing those

9 lands into trust on the State and political sub10 divisions thereof resulting from the removal of

11 land from the tax rolls in a manner consistent

12 with the provisions of part 151 of title 25, Code

13 of Federal Regulations.

14 (3) PROHIBITION.—The Secretary may not, pur15 suant to the provisions of this Act and the Settlement

16 Agreement, place lands, any portion of which are lo17 cated within or contiguous to a 5-mile radius of an

18 incorporated town (as that term is defined by the Sec19 retary) in northern Arizona, into trust for benefit of

20 the Tribe without specific statutory authority.

21 SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CER22 TAIN INTERSPERSED LANDS.

23 (a) IN GENERAL.—

24 (1) ACTION BY THE SECRETARY.—
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1 (A) IN GENERAL.—The Secretary shall take

2 action as specified in subparagraph (B), to the

3 extent that the Tribe, in accordance with section

4 7(b) of the Settlement Agreement—

5 (i) acquires private lands; and

6 (ii) requests the Secretary to acquire

7 through condemnation interspersed lands

8 that are owned by the State of Arizona and

9 are located within the exterior boundaries of

10 those private lands in order to have both the

11 private lands and the State lands taken

12 into trust by the Secretary for the benefit of

13 the Tribe.

14 (B) ACQUISITION THROUGH CONDEMNA15 TION.—With respect to a request for an acquisi16 tion of lands through condemnation made under

17 subparagraph (A), the Secretary shall, upon the

18 recommendation of the Tribe, take such action as

19 may be necessary to acquire the lands through

20 condemnation and, with funds provided by the

21 Tribe, pay the State of Arizona fair market

22 value for those lands in accordance with applica23 ble Federal law, if the conditions described in

24 paragraph (2) are met.
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1 (2) CONDITIONS FOR ACQUISITION THROUGH

2 CONDEMNATION.—The Secretary may acquire lands

3 through condemnation under this subsection if—

4 (A) that acquisition is consistent with the

5 purpose of obtaining not more than 500,000

6 acres of land to be taken into trust for the Tribe;

7 (B) the State of Arizona concurs with the

8 United States that the acquisition is consistent

9 with the interests of the State; and

10 (C) the Tribe pays for the land acquired

11 through condemnation under this subsection.

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

13 lands through condemnation under subsection (a), the Sec14 retary shall take those lands into trust for the Tribe in ac15 cordance with this Act and the Settlement Agreement.

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

17 private lands through condemnation for the purpose speci18 fied in subsection (a)(2)(A).

19 SEC. 7. ACTION TO QUIET POSSESSION.

20 If the United States fails to discharge the obligations

21 specified in section 9(c) of the Settlement Agreement with

22 respect to voluntary relocation of Navajos residing on Hopi

23 Partitioned Lands, or section 9(d) of the Settlement Agree24 ment, relating to the implementation of sections 700.137

25 through 700.139 of title 25, Code of Federal Regulations,
18

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1 on the New Lands, including failure for reason of insuffi2 cient funds made available by appropriations or otherwise,

3 the Tribe may bring an action to quiet possession that re4 lates to the use of the Hopi Partitioned Lands after Feb5 ruary 1, 2000, by a Navajo family that is eligible for an

6 accommodation, but fails to enter into an accommodation.

7 SEC. 8. PAYMENT TO STATE OF ARIZONA.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject to

9 subsection (b), there are authorized to be appropriated to

10 the Department of the Interior $250,000 for fiscal year

11 1998, to be used by the Secretary of the Interior for making

12 a payment to the State of Arizona.

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

14 in the amount specified in subsection (a) to the State of

15 Arizona after an initial acquisition of land from the State

16 has been made by the Secretary pursuant to section 6.

17 SEC. 9. 75-YEAR LEASING AUTHORITY.

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

19 539, chapter 615; 25 U.S.C. 415) is amended by adding

20 at the end the following new subsections:

21 ‘‘(c) LEASES INVOLVING THE HOPI TRIBE AND THE

22 HOPI PARTITIONED LANDS ACCOMMODATION AGREE23 MENT.—Notwithstanding subsection (a), a lease of land by

24 the Hopi Tribe to Navajo Indians on the Hopi Partitioned
19

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1 Lands may be for a term of 75 years, and may be extended

2 at the conclusion of the term of the lease.

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

4 ‘‘(1) the term ‘Hopi Partitioned Lands’ means

5 lands located in the Hopi Partitioned Area, as de6 fined in section 168.1(g) of title 25, Code of Federal

7 Regulations (as in effect on the date of enactment of

8 this subsection); and

9 ‘‘(2) the term ‘Navajo Indians’ means members

10 of the Navajo Tribe.’’.

11 SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCA12 TION HOUSING PROGRAM.

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

14 640d–24(a)(8)) is amended by striking ‘‘1996, and 1997’’

15 and inserting ‘‘1996, 1997, 1998, 1999, and 2000’’.