I 
117TH CONGRESS 
1ST SESSION H. R. 6141 
To make technical amendments to Public Law 93–531 relating to lands 
of the Navajo Nation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2021 
Mr. O’HALLERAN introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To make technical amendments to Public Law 93–531 relat-
ing to lands of the Navajo Nation, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RELOCATION REQUIREMENTS AND STUDY ON 
IMPACTS OF RELOCATION AND DEVELOP-
MENT FREEZES. 
Section 13 of the Navajo-Hopi Settlement Act of 
1974 (Public Law 93–531) is amended by adding at the 
end the following: 
‘‘(c) 
RELOCATION
REQUIREMENTS.—Relocation 
under this Act shall— 
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‘‘(1) take into account the adverse social, eco-
nomic, cultural, and other impacts of relocation on 
persons involved in such relocation and be developed 
to avoid or minimize, to the extent possible, such im-
pacts; 
‘‘(2) assure that housing and related commu-
nity facilities and services, such as water, sewers, 
roads, schools, and health facilities, for relocatees 
shall be available at their relocation sites; and 
‘‘(3) comply with the relocation plan that was 
submitted to Congress under this Act and took ef-
fect on July 7, 1986. 
‘‘(d) STUDY.—The Secretary of the Interior shall 
conduct a comprehensive study to address the negative so-
cial, economic, cultural, and other impacts related to the 
Navajo-Hopi Indian Relocation and Federal development 
freezes (commonly known as the Bennett Freeze). In con-
ducting the study, the Secretary shall— 
‘‘(1) not later than 6 months after the date of 
the enactment of this subsection, consult with the 
Navajo Nation, the Hopi Tribe, and impacted mem-
bers of the Navajo Nation and Hopi Tribe, including 
descendants of relocatees; 
‘‘(2) review prior plans and update such plans 
with a multi-agency approach to ensure the United 
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States obligations to ‘assure that housing and re-
lated community facilities and services, such as 
water, sewers, roads, schools, and health facilities, 
for such household shall be available at their reloca-
tion sites’ are fulfilled, including an estimated cost 
and time frame; 
‘‘(3) identify impacts to surrounding commu-
nities and towns; 
‘‘(4) address the impacts of development freezes 
in the former Bennett Freeze area; and 
‘‘(5) identify costs to remediate impacted areas. 
‘‘(e) REPORT.—Not later than 180 days after the 
date of the enactment of this subsection, the Secretary 
shall submit to Congress a report on the study required 
under subsection (d). 
‘‘(f) PLAN.—On the basis of the report submitted to 
the Congress under subsection (d), the Commissioner on 
Navajo and Hopi Relocation shall develop and implement 
a plan to provide— 
‘‘(1) job training for individuals and their de-
scendants involved in the relocations carried out 
under this Act, as well as individuals and their de-
scendants subject to development freezes; 
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‘‘(2) economic assistance to households relo-
cated under this Act and households subject to de-
velopment freezes; and 
‘‘(3) water, roads, sewers, community facilities, 
and health facilities to serve the needs of such 
households. 
‘‘(g) COORDINATION.—The Commissioner on Navajo 
and Hopi Relocation shall identify and coordinate existing 
programs in other Federal departments and agencies to 
assist in implementing the plan developed under sub-
section (f).’’. 
SEC. 2. RELINQUISHMENT OF ACCOMMODATION AGREE-
MENT AND ELIGIBILITY FOR RELOCATION 
BENEFITS. 
The Navajo-Hopi Land Dispute Settlement Act of 
1996 (Public Law 104–301) is amended by adding at the 
end the following: 
‘‘SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREE-
MENTS. 
‘‘(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 the Accommodation Agree-
ment, if the head of household or successor thereto, 
notifies the Office of Navajo and Hopi Indian Relo-
cation of that relinquishment not more than five 
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. 3. RESTORATION OF LAND SELECTION AUTHORITY TO 
THE NAVAJO NATION. 
Section 11(c) of Public Law 93–531 is amended— 
(1) by striking ‘‘, for a period of three years 
after July 8, 1980,’’; and 
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(2) by striking ‘‘, at the end of such period’’ 
and all that follows through ‘‘Provided further, 
That’’. 
SEC. 4. EXPANSION OF BENEFICIARIES OF LAND SELEC-
TIONS. 
Section 11 of Public Law 93–531 is further amend-
ed— 
(1) in subsection (h), by inserting ‘‘and for 
Navajo families and Navajo communities that meet 
the beneficiary requirements of section 32(d) of this 
subchapter (section 32 of Public Law 93–531, as 
added by section 7 of Public Law 100–666; 102 
Stat. 3932 (1988))’’ after ‘‘solely for the benefit of 
Navajo families residing on Hopi-Partitioned lands 
as of December 22, 1974’’; and 
(2) in subsection (f), by adding at the end the 
following: ‘‘At the request of the Navajo Tribe, and 
where the consent of the owner of the subsurface in-
terest is obtained, the Secretary shall acquire fee 
title to both surface and subsurface.’’. 
SEC. 5. SELECTION OF LANDS TO CORRECT SURVEYING 
ERROR. 
Section 11 of the Public Law 93–531 is further 
amended by adding at the end the following: 
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‘‘(j) The Navajo Tribe may select an additional 757 
acres of the land to compensate the Navajo Tribe for a 
surveying error. Any lands selected under this sub-
section— 
‘‘(1) shall be subject to the same restrictions as 
lands originally selected under this section; 
‘‘(2) shall be at no cost to the Navajo Tribe; 
and 
‘‘(3) may be placed into restricted fee status at 
the direction of the Navajo Tribe if the lands have 
not already been placed into trust status.’’. 
SEC. 6. EXPANSION OF OFFICE OF NAVAJO AND HOPI IN-
DIAN RELOCATION AUTHORITY. 
Section 12 of Public Law 93–531 is amended by add-
ing at the end the following: 
‘‘(g) BENNETT
FREEZE
REHABILITATION
PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Commissioner is au-
thorized to carry out a rehabilitation program to re-
dress the effects of Federal development restrictions 
(commonly referred to as the ‘Bennett Freeze’) in 
the western portion of the Navajo Reservation. This 
program shall include, at a minimum, housing con-
struction and renovation, infrastructure improve-
ments, and economic development initiatives. 
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‘‘(2) FUNDING.—There are authorized to be ap-
propriated such sums as may be necessary to carry 
out the program described in this subsection. 
‘‘(h) REQUEST
BY
TRIBE; AUTHORIZED
PRO-
GRAMS.— 
‘‘(1) 
SELF-DETERMINATION
CONTRACTS.— 
Upon the request of the Navajo Tribe or the Hopi 
Tribe by tribal resolution, the Commissioner shall 
enter into a self-determination contract or contracts 
with the requesting Indian tribe to plan, conduct, 
and administer programs, functions, services, or ac-
tivities (or a portion thereof), including construction 
programs administered by the Commissioner that 
pertain directly to the requesting Indian tribe. Pro-
grams, functions, services, or activities contracted 
under this subsection shall include administrative 
functions of the Office of Navajo and Hopi Indian 
Relocation that support the delivery of services to 
Indians, including those administrative activities 
supportive of, but not included as part of, the service 
delivery programs described in this subsection that 
are otherwise contractable. Such administrative 
functions shall be contractable without regard to the 
organizational level within the Office of Navajo and 
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Hopi Indian Relocation that carries out such func-
tions. 
‘‘(2) REGULATIONS.—The Commissioner shall 
issue regulations implementing paragraph (1) that, 
to the maximum extent feasible— 
‘‘(A) are consistent with the requirements 
of the Indian Self-Determination and Education 
Assistance Act (Public Law 93–638); and 
‘‘(B) reflect the independent agency status 
of the Office of Navajo and Hopi Indian Relo-
cation.’’. 
SEC. 7. NAVAJO REHABILITATION TRUST FUND. 
Section 32 of Public Law 93–531 is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘net income’’ and inserting 
‘‘income’’; and 
(B) by striking ‘‘located in New Mexico’’; 
(2) by amending subsection (d) to read as fol-
lows: 
‘‘(d) Funds in the Navajo Rehabilitation Trust Fund, 
including any interest or investment accruing thereon, 
shall be available to the Navajo Tribe, with the approval 
of the Secretary, solely for the following: 
‘‘(1) Purposes that will contribute to the con-
tinuing rehabilitation and improvement of the eco-
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nomic, educational, and social condition of families, 
and Navajo communities, that have been affected 
by— 
‘‘(A) the decision in the Healing case, or 
related proceedings; 
‘‘(B) the provision of this Act; or 
‘‘(C) the establishment by the Secretary of 
the Interior of grazing district number 6 as 
land for the exclusive use of the Hopi Tribe. 
‘‘(2) At the discretion of the Navajo Tribe, 
for— 
‘‘(A) development or rehabilitation of the 
Former Bennett Freeze area; or 
‘‘(B) development in the Navajo Sov-
ereignty Empowerment Zones established pur-
suant to this Act.’’; 
(3) in subsection (f), by striking ‘‘and the 
United States has been reimbursed’’ through ‘‘of 
this section.’’ and inserting a period; and 
(4) in subsection (g)— 
(A) in the first sentence, by striking 
‘‘1990, 1991, 1992, 1993, 1994 and 1995’’ and 
all that follows through the final period and in-
serting ‘‘2022 through 2026’’; and 
(B) by striking the second sentence. 
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SEC. 8. FORMER BENNETT FREEZE AREA REHABILITATION 
TRUST FUND. 
(a) ESTABLISHMENT.—There is hereby established in 
the Treasury of the United States a trust fund to be 
known as the ‘‘Former Bennett Freeze Area Rehabilita-
tion Trust Fund’’ which shall consist of the funds appro-
priated pursuant to subsection (e) and any interest or in-
vestment income accrued on such funds. 
(b) SECRETARY
AS
TRUSTEE; INVESTMENT
OF 
FUNDS.—The Secretary of the Interior shall— 
(1) be the trustee of the Former Bennett 
Freeze Area Rehabilitation Trust Fund; 
(2) be responsible for investment of the 
amounts in such trust fund; and 
(3) upon receipt and approval of a plan for the 
use of those amounts consistent with subsection (c), 
transfer those amounts to the Navajo Nation, or its 
designee, as trustee. 
(c) AVAILABILITY OF FUNDS; PURPOSES.—Amounts 
in the Former Bennett Freeze Area Rehabilitation Trust 
Fund, including any interest or investment accruing there-
on, shall be available to the Navajo Nation solely for pur-
poses that will contribute to the continuing rehabilitation 
and improvement of the economic, housing, infrastructure, 
health, educational, and social condition of families and 
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Navajo communities that have been affected by the former 
Bennett Freeze. 
(d) TERMINATION OF TRUST FUND.—The Former 
Bennett Freeze Area Rehabilitation Trust Fund shall ter-
minate when, upon petition by the Navajo Nation, the Sec-
retary of the Interior determines that the goals of the 
Trust Fund have been met. All amounts in the Former 
Bennett Freeze Area Rehabilitation Trust Fund on such 
date shall be transferred to the Treasury. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated for the Former Ben-
nett Freeze Area Rehabilitation Trust Fund such sums 
as may be necessary for each of fiscal years 2021 through 
2035. 
SEC. 9. NAVAJO NATION SOVEREIGNTY EMPOWERMENT 
DEMONSTRATION PROJECT. 
(a) 
NAVAJO
SOVEREIGNTY
EMPOWERMENT 
ZONES.—The Navajo Nation may designate not more 
than 150,000 acres in one or more of the following, which 
shall be designated as Navajo Sovereignty Empowerment 
Zones: 
(1) Lands selected by the Navajo Nation pursu-
ant to section 11 of Public Law 93–531. 
(2) Lands in that portion of the Navajo Res-
ervation lying west of the Executive Order Reserva-
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tion of 1882 and bounded on the north and south 
by westerly extensions, to the reservation line, of the 
northern and southern boundaries of said Executive 
Order Reservation (formerly known as the ‘‘Bennett 
Freeze’’ area). 
(3) Lands partitioned to the Navajo Nation 
pursuant to sections 3 and 4 of Public Law 93–531. 
(b) APPLICABILITY OF CERTAIN LAWS.— 
(1) IN GENERAL.—Subject to approval by the 
appropriate regulatory bodies under Navajo law, 
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 Nation 
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: 
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(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.). 
(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. 
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(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 NA-
TION.— 
(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 
Nation regarding and to determine the cost 
that the Federal agency would have otherwise 
expended on implementation of the laws or reg-
ulations described in subsection (b) in the Nav-
ajo Empowerment Zones, and this amount shall 
not be less than the agency would have other-
wise provided for the operation of programs or 
portions thereof, without regard to any organi-
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zational level within the agency at which the 
program, function, service, or activity or portion 
thereof (including supportive administrative 
functions and indirect costs that are provided in 
support of the operation of the program, func-
tion, service or activity or portion thereof) is 
operated; and 
(B) not later the 90 days after the begin-
ning of each applicable fiscal year, transfer to 
the Navajo Nation the amount of funds identi-
fied under subparagraph (A). 
(2) USE OF FUNDS.—The Navajo Nation shall 
use all funds that it receives under this subsection 
to implement Tribal law in the Navajo Sovereignty 
Empowerment Zones. 
(3) FINAL
AGENCY
ACTION.—Federal agency 
decisions made pursuant to subparagraph (A) of 
paragraph (1) shall be final agency action for the 
purposes of appeal to the appropriate Federal dis-
trict 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 in a Navajo Sovereignty Empowerment Zone 
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shall be subject to the full civil and regulatory juris-
diction of the Navajo Nation. 
(2) FULL FAITH AND CREDIT.—Any judgment 
issued by the Navajo Nation 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 Nation. 
(f) NAVAJO-HOPI DISPUTE SETTLEMENT ACT.— 
Nothing in this section waives the provisions of the Nav-
ajo-Hopi Dispute Settlement Act of 1996. 
(g) FUNDING AND GRANTS.—Nothing in this section 
negates or diminishes the eligibility of the Navajo Nation 
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. 
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SEC. 10. TRANSFER OF FUNDS TO THE NAVAJO REHABILI-
TATION TRUST FUND. 
Not later than 90 days after the date of the enact-
ment of this Act, not less than $19,000,000 of the unobli-
gated balances of the Office of Navajo and Hopi Indian 
Relocation shall be transferred by that Office to the Nav-
ajo Rehabilitation Trust Fund. Funds transferred under 
this section shall not be subject to the reimbursement obli-
gations of section 32(e) of Public Law 93–531. 
Æ 
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