I 

113TH CONGRESS 

2D SESSION H. R. 5039 

To make technical amendments to Public Law 93–531, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2014 

Mrs. KIRKPATRICK introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To make technical amendments to Public Law 93–531, 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. NAVAJO RESERVATION BOUNDARY CLARIFICA4 TION. 

5 Subsection (b) of section 11 of the Act of December 

6 22, 1974 (25 U.S.C. 640d–10(b)) is amended— 

7 (1) by striking ‘‘present boundary of the Navajo 

8 Reservation’’ and inserting ‘‘trust lands of the Nav9 ajo Tribe, including the bands of the Navajo Tribe, 

10 as of January 1, 2014’’; and 

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1 (2) by striking ‘‘present boundary of the res2 ervation’’ and inserting ‘‘trust lands of the Navajo 

3 Tribe, including the bands of the Navajo Tribe, as 

4 of January 1, 2014’’. 

5 SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING 

6 ERROR. 

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

8 U.S.C. 640d–10) is amended by adding at the end the fol9 lowing: 

10 ‘‘(j) The Navajo Tribe shall have the right to deselect 

11 not more than 757 acres of the land selected under this 

12 section as of January 1, 2014, whether or not that land 

13 has already been taken into trust by the Secretary. Trust 

14 land deselected by the Navajo Tribe shall be taken out 

15 of trust and shall be administered by the Bureau of Land 

16 Management. The Navajo Tribe shall then have the right 

17 to reselect up to the same amount of land that is 

18 deselected and returned, in accordance with the provisions 

19 of this section.’’. 

20 SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT. 

21 Not later than 90 days after the date of the enact22 ment of this Act, the Secretary of the Interior shall submit 

23 a report to the Committee on Natural Resources in the 

24 House of Representatives and the Committee on Indian 

25 Affairs in the Senate a report that contains the following: 

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1 (1) The dates that the Secretary rendered ini2 tial rental decisions on annual rents owed by the 

3 Navajo Tribe to the Hopi Tribe pursuant to section 

4 16(a) of the Act of December 22, 1974 (25 U.S.C. 

5 640d–15(a)) for each of years 2001 through 2013, 

6 including an explanation for any delay longer than 

7 12 months after the end of any year during that pe8 riod. 

9 (2) The current status of all rental determina10 tions for each of years 2001 through 2013, and, to 

11 the extent appeals are pending with the Secretary, 

12 where these appeals are pending, and how long such 

13 appeals have been pending at that locale. 

14 (3) To the extent that rental determinations 

15 have been delayed, the role, if any, in the delay that 

16 has been the result of contracts with the Bureau of 

17 Indian Affairs related to a contract under the Indian 

18 Self-Determination Act (25 U.S.C. 450f). 

19 (4) What contract provisions, if any, have been 

20 included in any contract under the Indian Self-De21 termination Act (25 U.S.C. 450f) between the Bu22 reau of Indian Affairs and any contractor to ensure 

23 that the contractor’s performance of those functions 

24 which are otherwise the obligations of the Bureau of 

25 Indian Affairs to carry out the requirements of secmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion 16(a) of the Act of December 22, 1974 (25 

2 U.S.C. 640d–15(a)) is free from conflicts of interest 

3 as required by part 900.231 through part 900.236 

4 of title 25, Code of Federal Regulations. 

5 (5) The total amount that the Navajo Tribe has 

6 paid as rent and interest pursuant to section 16(a) 

7 of the Act of December 22, 1974 (25 U.S.C. 640d– 

8 15(a)), including the amount of prejudgment inter9 est paid by the Navajo Tribe and the amount of 

10 post-judgment interest paid by the Navajo Tribe. 

11 (6) A plan to bring initial rental determinations 

12 current through the 2014 year as of April 1, 2015. 

13 (7) A plan to ensure that, beginning on April 

14 1, 2016, all annual rental determinations are com15 pleted and delivered to the Navajo Tribe and the 

16 Hopi Tribe on or before April 1 of each year. 

17 SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT 

18 DEMONSTRATION PROJECT. 

19 (a) NAVAJO SOVEREIGNTY EMPOWERMENT

20 ZONES.—The Navajo Tribe shall have the authority to 

21 designate up to 150,000 acres within one or more of the 

22 following, which shall be designated as Navajo Sovereignty 

23 Empowerment Zones: 

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1 (1) All lands selected by the Navajo Tribe pur2 suant to section 11 of the Act of December 22, 1974 

3 (25 U.S.C. 640d–10). 

4 (2) The lands within that portion of the Navajo 

5 Reservation lying west of the Executive Order Res6 ervation of 1882 and bounded on the north and 

7 south by westerly extensions, to the reservation line, 

8 of the northern and southern boundaries of said Ex9 ecutive Order Reservation (formerly known as the 

10 ‘‘Bennett Freeze’’ area). 

11 (3) All lands partitioned to the Navajo Tribe 

12 pursuant to sections 3 and 4 of the Act of December 

13 22, 1974 (25 U.S.C. 640d–2 and 640d–3). 

14 (b) APPLICABILITY OF CERTAIN LAWS.—Within the 

15 Navajo Sovereignty Empowerment Zones, the following 

16 laws are waived with regard to renewable energy develop17 ment, housing development, public and community facili18 ties, and infrastructure development (such as water and 

19 wastewater development, roads, transmission lines, gas 

20 lines, and rights-of-way): 

21 (1) The Wilderness Act (16 U.S.C. 1131 et 

22 seq.). 

23 (2) The National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.). 

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1 (3) The Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.). 

3 (4) The National Historic Preservation Act (16 

4 U.S.C. 470 et seq.). 

5 (5) Public Law 86–523 (16 U.S.C. 469 et seq.). 

6 (6) The Act of June 8, 1906 (commonly known 

7 as the ‘‘Antiquities Act of 1906’’ (16 U.S.C. 431 et 

8 seq.)). 

9 (7) The Federal Land Policy and Management 

10 Act of 1976 (43 U.S.C. 1701 et seq.). 

11 (8) The National Wildlife Refuge System Ad12 ministration Act of 1966 (16 U.S.C. 668dd et seq.). 

13 (9) The Fish and Wildlife Act of 1956 (16 

14 U.S.C. 742a et seq.). 

15 (10) The Fish and Wildlife Coordination Act 

16 (16 U.S.C. 661 et seq.). 

17 (11) Subchapter II of chapter 5, and chapter 7, 

18 of title 5, United States Code (commonly known as 

19 the ‘‘Administrative Procedure Act’’). 

20 (12) The National Park Service Organic Act 

21 (16 U.S.C. 1 et seq.). 

22 (13) The General Authorities Act of 1970 

23 (Public Law 91–383) (16 U.S.C. 1a–1 et seq.). 

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1 (14) Sections 401(7), 403, and 404 of the Na2 tional Parks and Recreation Act of 1978 (Public 

3 Law 95–625, 92 Stat. 3467). 

4 (15) The Arizona Desert Wilderness Act of 

5 1990 (16 U.S.C. 1132 note; Public Law 101–628). 

6 (c) TRIBAL SOVEREIGNTY.—Nothing in this section 

7 supersedes, replaces, negates, or diminishes— 

8 (1) the laws and regulations of the Navajo Na9 tion which shall remain in full force and effect with10 in the Navajo Sovereignty Empowerment Zones; or 

11 (2) the treaties or other agreements between 

12 the United States and the Navajo Tribe. 

13 (d) NAVAJO-HOPI DISPUTE SETTLEMENT ACT.— 

14 Nothing in this section waives the provisions of the Nav15 ajo-Hopi Dispute Settlement Act of 1996 (25 U.S.C. 640d 

16 note). 

17 (e) FUNDING AND GRANTS.—Nothing in this section 

18 negates or diminishes the eligibility of the Navajo Tribe 

19 to receive or continue to receive funding and grants under 

20 the Navajo-Hopi Dispute Settlement Act of 1996 or any 

21 other laws of the United States. 

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1 SEC. 5. RELINQUISHMENT OF ACCOMMODATION AGREE2 MENT AND ELIGIBILITY FOR RELOCATION 

3 BENEFITS. 

4 The Navajo-Hopi Land Dispute Settlement Act of 

5 1996 (25 U.S.C. 640d note) is amended by adding at the 

6 end the following: 

7 ‘‘SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREE8 MENT AND ELIGIBILITY FOR RELOCATION 

9 BENEFITS. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of this Act, the Settlement Agreement, or the Ac12 commodation Agreement, any Navajo head of household, 

13 or the successor thereto if such person is no longer the 

14 head of household, that has entered into an Accommoda15 tion Agreement shall have the following rights: 

16 ‘‘(1) To relinquish that Agreement for up to 

17 two years after the effective date of this section. 

18 ‘‘(2) After a relinquishment under paragraph 

19 (1), to receive the full relocation benefits to which 

20 the Navajo head of household would otherwise have 

21 been entitled had the head of household not signed 

22 the Accommodation Agreement, including relocation 

23 housing, counseling, and other services. In the event 

24 that the Navajo head of household is no longer the 

25 head of household, the successor thereto shall be en26 titled to receive the full relocation benefits. 

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1 ‘‘(b) TIMING.—A relinquishment under subsection 

2 (a) shall not go into effect until the Office of Navajo and 

3 Hopi Indian Relocation provides the full relocation bene4 fits to the Navajo head of household, or successor there5 to.’’. 

6 SEC. 6. NAVAJO REHABILITATION TRUST FUND. 

7 Section 32 of Public Law 93–531 (25 U.S.C. 640d– 

8 30) is amended— 

9 (1) in subsection (d)— 

10 (A) in paragraph (2), by striking ‘‘or’’; 

11 (B) in paragraph (3), by striking the pe12 riod at the end and inserting ‘‘, or’’; and 

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

14 ‘‘(4) at the discretion of the Navajo Tribe, to 

15 use for development in the Navajo Sovereignty Em16 powerment Zones established pursuant to section 

17 104.’’; 

18 (2) in the first sentence of subsection (f), by 

19 striking ‘‘and the United States has been reimbursed 

20 for funds appropriated under subsection (f) of this 

21 section’’; and 

22 (3) in subsection (g)— 

23 (A) in the first sentence, by striking 

24 ‘‘1990, 1991, 1992, 1993, and 1994’’ and all 

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1 that follows through the final period and insert2 ing ‘‘2014, 2015, 2016, 2017, and 2018.’’; and 

3 (B) by striking the second sentence. 

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