I 

111TH CONGRESS 

2D SESSION H. R. 6525 

To provide for development of the Former Bennett Freeze Area, to contribute 

to the rehabilitation of the economic, housing, infrastructure, health, 

and educational condition of those affected by the former Bennett Freeze, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 15, 2010 

Mrs. KIRKPATRICK of Arizona introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the 

Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for development of the Former Bennett Freeze 

Area, to contribute to the rehabilitation of the economic, 

housing, infrastructure, health, and educational condition 

of those affected by the former Bennett Freeze, 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 ‘‘Former Bennett 

5 Freeze Area Development Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ONHIR.—The term ‘‘ONHIR’’ means the 

4 Office of Navajo and Hopi Indian Relocation. 

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

6 the Secretary of the Interior. 

7 (3) TRUST FUND.—The term ‘‘Trust Fund’’ 

8 means the Former Bennett Freeze Area Rehabilita9 tion Trust Fund established under this Act. 

10 SEC. 3. ONHIR TRANSITION. 

11 (a) REQUEST BY TRIBE; AUTHORIZED PROGRAMS.— 

12 Upon the request of the Navajo Nation or the Hopi Tribe 

13 by tribal resolution, the Commissioner of the Office of 

14 Navajo and Hopi Indian Relocation shall enter into a self15 determination contract or contracts with the requesting 

16 Indian tribe to plan, conduct, and administer programs, 

17 functions, services, or activities (or portion thereof), in18 cluding construction programs administered by the Com19 missioner that pertain directly to the requesting Indian 

20 tribe. Programs, functions, services, or activities con21 tracted under this subsection shall include administrative 

22 functions of the Office of Navajo and Hopi Indian Reloca23 tion that support the delivery of services to Indians, in24 cluding those administrative activities supportive of, but 

25 not included as part of, the service delivery programs de26 scribed in this subsection that are otherwise contractable. 


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1 Such administrative functions shall be contractable with2 out regard to the organizational level within the Office of 

3 Navajo and Hopi Indian Relocation that carries out such 

4 functions. 

5 (b) REGULATIONS.—The Commissioner shall issue 

6 regulations implementing subsection (a) that, to the max7 imum extent feasible— 

8 (1) parallel the requirements of the Indian Self9 Determination and Education Assistance Act (25 

10 U.S.C. 450f); and 

11 (2) reflect the independent agency status of the 

12 Office of Navajo and Hopi Indian Relocation. 

13 SEC. 4. FORMER BENNETT FREEZE AREA REHABILITATION 

14 TRUST FUND. 

15 (a) ESTABLISHMENT.—There is hereby established in 

16 the Treasury of the United States a trust fund to be 

17 known as the Former Bennett Freeze Area Rehabilitation 

18 Trust Fund, which shall consist of the funds appropriated 

19 pursuant to subsection (f) of this section and any interest 

20 or investment income accrued on such funds. 

21 (b) SECRETARY AS TRUSTEE; INVESTMENT OF

22 FUNDS.—The Secretary shall be the trustee of the Former 

23 Bennett Freeze Area Rehabilitation Trust Fund and shall 

24 be responsible for investment of the funds in such Trust 

25 Fund. Notwithstanding the foregoing, upon receipt and 


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1 approval of a plan for the use of those funds consistent 

2 with subsection (c), the Secretary shall transfer these 

3 funds to the Navajo-Hopi Land Commission Office of the 

4 Navajo Nation, or its designee, as trustee. 

5 (c) AVAILABILITY OF FUNDS; PURPOSES.—Funds in 

6 the Former Bennett Freeze Area Rehabilitation Trust 

7 Fund, including any interest or investment accruing there8 on, shall be available to the Navajo Nation solely for pur9 poses which will contribute to the continuing rehabilitation 

10 and improvement of the economic, housing, infrastructure, 

11 health, educational, and social condition of families, and 

12 Navajo communities, that have been affected by the 

13 former Bennett Freeze. 

14 (d) DEPOSITS TO TRUST FUND.—The Trust Fund 

15 shall consist of— 

16 (1) a set-aside each fiscal year of 0.75 percent 

17 of any amounts appropriated for the Operation of 

18 Indian Programs budget of the Bureau of Indian Af19 fairs; 

20 (2) a set-aside each fiscal year of 5.0 percent 

21 of any amounts appropriated for the Indian Housing 

22 Block Grant Program under title I of the Native 

23 American Housing and Self-Determination Act of 

24 1996; 


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1 (3) a set-aside each fiscal year of 0.75 percent 

2 of any amounts appropriated for the Rural Develop3 ment Program (title III); and 

4 (4) any amounts appropriated, transferred, or 

5 credited to the Trust Fund under any provision of 

6 law. 

7 (e) TERMINATION OF TRUST FUND.—The Rehabili8 tation Trust Fund shall terminate when, upon petition by 

9 the Navajo Nation, the Secretary determines that the 

10 goals of the Trust Fund have been met. All funds in the 

11 Trust Fund on such date shall be transferred to the 

12 Treasury. 

13 (f) AUTHORIZATION OF APPROPRIATIONS; REIM14 BURSEMENT OF GENERAL FUND.—There is hereby au15 thorized to be appropriated for the Former Bennett 

16 Freeze Area Rehabilitation Trust Fund such sums as may 

17 be necessary for each of fiscal years 2011 through 2025. 

18 SEC. 5. MISCELLANEOUS. 

19 (a) EXPANSION OF ONHIR AUTHORITY.—Section 12 

20 of Public Law 93–531 (25 U.S.C. 640d–11(d)) is amend21 ed by adding at the end the following: 

22 ‘‘(4) The Commissioner is authorized to carry 

23 out a rehabilitation program to redress the effects of 

24 Federal development restrictions (commonly referred 

25 to as the ‘Bennett Freeze’) in the western portion of 


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1 the Navajo Reservation. This program shall be lim2 ited to housing construction and renovation, infra3 structure improvements, and economic development 

4 initiatives. 

5 ‘‘(5) There are authorized to be appropriated 

6 such sums as may be necessary to carry out the pro7 gram described in paragraph 4.’’. 

8 (b) NAVAJO REHABILITATION TRUST FUND.—Sec9 tion 32 of Public Law 93–531 (25 U.S.C. 640d–30) is 

10 amended— 

11 (1) in the first sentence of subsection (f), by 

12 striking ‘‘and the United States has been reimbursed 

13 for funds appropriated under subsection (f) of this 

14 section’’; 

15 (2) in the first sentence of subsection (g), by 

16 striking ‘‘1990, 1991, 1992, 1993, and 1994’’ and 

17 all that follows through the final period and insert18 ing ‘‘2011, 2012, 2013, 2014, and 2015.’’; and 

19 (3) in subsection (g), by striking the second 

20 sentence. 

21 (c) RELOCATION OF HOUSEHOLDS AND MEMBERS.— 

22 Section 1 of Public Law 93–531 (25 U.S.C. 640d) is 

23 amended by adding at the end the following new sub24 section: 


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1 ‘‘(f) The Navajo Nation has the right to negotiate 

2 and approve an Accommodation Agreement with the Hopi 

3 Tribe for any Navajo head of household residing on Hopi 

4 Partitioned Land that has not otherwise entered into an 

5 Accommodation Agreement but intends to remain on the 

6 Hopi Partitioned Land.’’. 

7 (d) RELINQUISHMENT OF ACCOMMODATION AGREE8 MENT AND ELIGIBILITY FOR RELOCATION BENEFITS.— 

9 The Navajo-Hopi Land Dispute Settlement Act of 1996 

10 is amended by adding a new section 13 as follows: 

11 ‘‘SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREE12 MENT AND ELIGIBILITY FOR RELOCATION 

13 BENEFITS. 

14 ‘‘Notwithstanding any other provision of this Act, the 

15 Settlement Agreement, or the Accommodation Agreement, 

16 any Navajo family that has entered into an Accommoda17 tion Agreement shall have the right— 

18 ‘‘(1) to relinquish that Agreement at any time 

19 up until the closure of the Office of Navajo and 

20 Hopi Indian Relocation; and 

21 ‘‘(2) after relinquishment under paragraph (1), 

22 to receive the full relocation benefits to which the 

23 family would otherwise have been entitled had the 

24 family not signed the Accommodation Agreement, 


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1 including relocation housing, counseling, and other 

2 services.’’. 

3 (e) APPROPRIATIONS.—There are authorized to be 

4 appropriated such sums as are necessary to carry out the 

5 programs set forth in the amendments made by this sec6 tion. Funds appropriated under this subsection shall be 

7 in addition to funds made available for use on the Navajo 

8 and Hopi Reservations out of appropriations heretofore or 

9 hereafter granted for the benefit, care, or assistance of 

10 Indians in general, or made pursuant to other authoriza11 tions in effect on the date of the enactment of this Act. 

Æ 


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