I 
114TH CONGRESS 
1ST SESSION H. R. 3911 
To make technical amendments to the Act of December 22, 1974, relating 
to lands of the Navajo Tribe, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2015 
Mrs. KIRKPATRICK introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To make technical amendments to the Act of December 
22, 1974, relating to lands of the Navajo Tribe, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NAVAJO RESERVATION BOUNDARY CLARIFICA-
TION. 
Subsection (b) of section 11 of the Act of December 
22, 1974 (25 U.S.C. 640d–10(b)), is amended— 
(1) by striking ‘‘present boundary of the Navajo 
Reservation’’ and inserting ‘‘trust lands of the Nav-
ajo Tribe, including the bands of the Navajo Tribe, 
as of January 1, 2015’’; and 
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(2) by striking ‘‘present boundary of the res-
ervation’’ and inserting ‘‘trust lands of the Navajo 
Tribe, including the bands of the Navajo Tribe, as 
of January 1, 2015’’. 
SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING 
ERROR. 
Section 11 of the Act of December 22, 1974 (25 
U.S.C. 640d–10), is amended by adding at the end the 
following: 
‘‘(j)(1) The Navajo Tribe may— 
‘‘(A) deselect not more than 757 acres of the 
land selected under this section as of January 1, 
2014; and 
‘‘(B) reselect, accordance with this section, the 
same amount of acres of the land that is deselected 
under subparagraph (A). 
‘‘(2) Any lands deselected under paragraph (1)(A) 
that were held in trust shall be taken out of trust and 
administered by the Bureau of Land Management.’’. 
SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the Interior shall submit 
a report to the Committee on Natural Resources in the 
House of Representatives and the Committee on Indian 
Affairs in the Senate a report that contains the following: 
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(1) The dates that the Secretary rendered ini-
tial rental decisions on annual rents owed by the 
Navajo Tribe to the Hopi Tribe pursuant to section 
16(a) of the Act of December 22, 1974 (25 U.S.C. 
640d–15(a)), for each of years 2001 through 2014, 
including an explanation for any delay longer than 
12 months after the end of any year during that pe-
riod. 
(2) The current status of all rental determina-
tions for each of years 2001 through 2014, and, to 
the extent appeals are pending, where these appeals 
are pending, and how long such appeals have been 
pending at that locale. 
(3) To the extent that rental determinations 
have been delayed, the role, if any, in the delay that 
has been the result of contracts with the Bureau of 
Indian Affairs related to a contract under the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 450f). 
(4) Whether contracts to perform those func-
tions which are otherwise the obligations of the Bu-
reau of Indian Affairs to carry out the requirements 
of section 16(a) of the Act of December 22, 1974 
(25 U.S.C. 640–15(a)), have been funded at the 
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level necessary to ensure that these functions are 
properly performed. 
(5) What contract provisions, if any, have been 
included in any contract under the Indian Self-De-
termination and Education Assistance Act (25 
U.S.C. 450f) between the Bureau of Indian Affairs 
and any contractor to ensure that the contractor’s 
performance of those functions which are otherwise 
the obligations of the Bureau of Indian Affairs to 
carry out the requirements of section 16(a) of the 
Act of December 22, 1974 (25 U.S.C. 640d–15(a)), 
is free from conflicts of interest as required by part 
900.231 through part .236 of title 25, Code of Fed-
eral Regulations. 
(6) The total amount that the Navajo Tribe has 
paid as rent and interest pursuant to section 16(a) 
of the Act of December 22, 1974 (25 U.S.C. 640d– 
15(a)), including the amount of prejudgment inter-
est paid by the Navajo Tribe and the amount of 
post-judgment interest paid by the Navajo Tribe. 
(7) A plan to bring initial rental determinations 
current through the 2015 year as of April 1, 2016. 
(8) A plan to ensure that, beginning on April 
1, 2017, all annual rental determinations are com-
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pleted and delivered to the Navajo Tribe and the 
Hopi Tribe on or before April 1 of each year. 
SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT 
DEMONSTRATION PROJECT. 
(a) 
NAVAJO
SOVEREIGNTY
EMPOWERMENT 
ZONES.—The Navajo Tribe shall have the authority to 
designate up to 150,000 acres within one or more of the 
following, which shall be designated as Navajo Sovereignty 
Empowerment Zones: 
(1) Lands selected by the Navajo Tribe pursu-
ant to section 11 of the Act of December 22, 1974 
(25 U.S.C. 640d–10). 
(2) Lands within that portion of the Navajo 
Reservation lying west of the Executive Order Res-
ervation of 1882 and bounded on the north and 
south by westerly extensions, to the reservation line, 
of the northern and southern boundaries of said Ex-
ecutive Order Reservation (formerly known as the 
‘‘Bennett Freeze’’ area). 
(3) Lands partitioned to the Navajo Tribe pur-
suant to sections 3 and 4 of the Act of December 
22, 1974 (25 U.S.C. 640d–2 and 640d–3). 
(b) APPLICABILITY OF CERTAIN LAWS.— 
(1) IN GENERAL.—Subject to approval by the 
appropriate regulatory bodies under Navajo law, 
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such as the Navajo Nation Environmental Protec-
tion Agency, the Navajo Nation Historic Preserva-
tion Department, and the Navajo Nation Depart-
ment of Fish and Wildlife, within the Navajo Sov-
ereignty Empowerment Zones, the Navajo Tribe 
may choose to waive any or all of the laws in para-
graph (2) with regard to renewable energy develop-
ment, housing development, public and community 
facilities, 
infrastructure 
development 
(including 
water and wastewater development, roads, trans-
mission lines, gas lines, and rights-of-way), and re-
lated economic development. 
(2) LAW ELIGIBLE FOR WAIVER.—The laws re-
ferred to in paragraph (1) are the following: 
(A) The Wilderness Act (16 U.S.C. 1131 
et seq.). 
(B) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(C) The Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(D) The Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.). 
(E) The National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd 
et seq.). 
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(F) The Fish and Wildlife Act of 1956 (16 
U.S.C. 742a et seq.). 
(G) The Fish and Wildlife Coordination 
Act (16 U.S.C. 661 et seq.). 
(H) Subchapter II of chapter 5, and chap-
ter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
(I) The provisions of title 54, United 
States Code, derived from the Act of August 
25, 1916 (commonly known as the ‘‘National 
Park Service Organic Act’’), Public Law 86– 
523, and Public Law 91–383. 
(J) Sections 401(7), 403, and 404 of the 
National Parks and Recreation Act of 1978 
(Public Law 95–625). 
(K) The Arizona Desert Wilderness Act of 
1990 (Public Law 101–628). 
(L) Division A of subtitle III of title 54, 
United States Code. 
(3) GRAND
CANYON
EXCEPTION.—Subsection 
(a) shall not apply to projects within the rim of the 
natural formation commonly referred to as the 
Grand Canyon. 
(c) TRANSFER
OF
SAVINGS
TO
THE
NAVAJO 
TRIBE.— 
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(1) IN GENERAL.—Federal agencies responsible 
for implementation of the laws listed in subsection 
(b)(2) shall— 
(A) consult in good faith with the Navajo 
Tribe to determine the cost that the Federal 
agency would have otherwise expended on im-
plementation of the laws or regulations de-
scribed in subsection (b) in the Navajo Em-
powerment Zones, and this amount shall not be 
less than the agency would have otherwise pro-
vided for the operation of programs or portions 
thereof, without regard to any organizational 
level within the agency at which the program, 
function, service, or activity or portion thereof, 
including supportive administrative functions 
and including indirect costs that are provided in 
support of the operation of the program, func-
tion, service or activity or portion thereof, is op-
erated; and 
(B) not later the 90 days after the begin-
ning of each applicable fiscal year, transfer to 
the Navajo Tribe the amount of funds identified 
under subparagraph (A). 
(2) USE OF FUNDS.—The Navajo Tribe shall 
use all monies that it receives under this subsection 
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to implement tribal law in the Navajo Sovereignty 
Empowerment Zones. 
(3) FINAL
AGENCY
ACTION.—Federal agency 
decisions made pursuant to subparagraph (A) shall 
be final agency action for the purposes of appeal to 
the appropriate Federal district court pursuant to 
chapter 7 of title 5, United States Code. 
(d) CIVIL JURISDICTION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, all individuals and entities oper-
ating within a Navajo Sovereignty Empowerment 
Zone shall be subject to the full civil and regulatory 
jurisdiction of the Navajo Tribe. 
(2) FULL FAITH AND CREDIT.—Any judgment 
issued by the Navajo Tribe consistent with this sec-
tion shall be accorded full faith and credit by the 
court of another State, Indian tribe, or territory and 
by Federal district courts. 
(e) TRIBAL SOVEREIGNTY.—Nothing in this section 
supersedes, replaces, negates, or diminishes— 
(1) the laws and regulations of the Navajo Na-
tion, which shall remain in full force and effect with-
in the Navajo Sovereignty Empowerment Zones; or 
(2) the treaties or other agreements between 
the United States and the Navajo Tribe. 
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(d) NAVAJO-HOPI DISPUTE SETTLEMENT ACT.— 
Nothing in this section waives the provisions of the Nav-
ajo-Hopi Dispute Settlement Act of 1996 (25 U.S.C. 640d 
note). 
(e) FUNDING AND GRANTS.—Nothing in this section 
negates or diminishes the eligibility of the Navajo Tribe 
to receive or continue to receive funding and grants under 
the Navajo-Hopi Dispute Settlement Act of 1996 or any 
other laws of the United States. 
SEC. 5. RELINQUISHMENT OF ACCOMMODATION AGREE-
MENT AND ELIGIBILITY FOR RELOCATION 
BENEFITS. 
The Navajo-Hopi Land Dispute Settlement Act of 
1996 (25 U.S.C. 640d note) is amended by adding at the 
end the following: 
‘‘SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREE-
MENT AND ELIGIBILITY FOR RELOCATION 
BENEFITS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, the Settlement Agreement, or the Ac-
commodation Agreement, any Navajo head of household, 
or the successor thereto if such person is no longer the 
head of household, who has entered into an Accommoda-
tion Agreement shall have the following rights: 
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‘‘(1) To relinquish that Agreement for up to 
two years after the effective date of this section. 
‘‘(2) After a relinquishment under paragraph 
(1), to receive the full relocation benefits to which 
the Navajo head of household would otherwise have 
been entitled had the head of household not signed 
the Accommodation Agreement, including relocation 
housing, counseling, and other services. In the event 
that the Navajo head of household is no longer the 
head of household, the successor thereto shall be en-
titled to receive the full relocation benefits. 
‘‘(b) TIMING.—A relinquishment under subsection 
(a) shall not go into effect until the Office of Navajo and 
Hopi Indian Relocation provides the full relocation bene-
fits to the Navajo head of household, or successor there-
to.’’. 
SEC. 6. NAVAJO REHABILITATION TRUST FUND. 
Section 32 of Public Law 93–531 (25 U.S.C. 640d– 
30) is amended— 
(1) in subsection (d)— 
(A) in paragraph (2), by striking ‘‘or’’; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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