Title: To make technical amendments to Public Law 93-531 relating to lands of the Navajo Nation, and for other purposes.
Policy area: Native Americans

Summary:
This bill addresses the land settlement agreement between the Navajo Nation and the Hopi Tribe in Arizona. Among other things, the bill requires the Department of the Interior to study the impacts of relocation and federal development freezes (commonly known as the Bennett Freeze), allows the Navajo Nation to select an additional 757 acres of land, and expands the authority of the Office of Navajo and Hopi Indian Relocation to carry out a rehabilitation program to redress the effects of the Bennett Freeze.
The Bennett Freeze was issued administratively in 1966 by former Bureau of Indian Affairs Commissioner Robert Bennett to restrict the Navajo Nation from constructing and repairing their dwellings on land subject to a land dispute with the Hopi Tribe.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6141 Introduced in House (IH)]

<DOC>






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 relating to lands of 
               the Navajo Nation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RELOCATION REQUIREMENTS AND STUDY ON IMPACTS OF RELOCATION 
              AND DEVELOPMENT 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--
            ``(1) take into account the adverse social, economic, 
        cultural, and other impacts of relocation on persons involved 
        in such relocation and be developed to avoid or minimize, to 
        the extent possible, such impacts;
            ``(2) assure that housing and related community 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 effect on July 7, 1986.
    ``(d) Study.--The Secretary of the Interior shall conduct a 
comprehensive study to address the negative social, economic, cultural, 
and other impacts related to the Navajo-Hopi Indian Relocation and 
Federal development freezes (commonly known as the Bennett Freeze). In 
conducting 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 members 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 States obligations 
        to `assure that housing and related community facilities and 
        services, such as water, sewers, roads, schools, and health 
        facilities, for such household shall be available at their 
        relocation sites' are fulfilled, including an estimated cost 
        and time frame;
            ``(3) identify impacts to surrounding communities 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 descendants 
        involved in the relocations carried out under this Act, as well 
        as individuals and their descendants subject to development 
        freezes;
            ``(2) economic assistance to households relocated under 
        this Act and households subject to development 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 subsection (f).''.

SEC. 2. RELINQUISHMENT OF ACCOMMODATION AGREEMENT 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 AGREEMENTS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Settlement Agreement, or the Accommodation 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 Accommodation Agreement 
shall have the following rights:
            ``(1) To relinquish the Accommodation Agreement, if the 
        head of household or successor thereto, notifies the Office of 
        Navajo and Hopi Indian Relocation 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 entitled 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 benefits to the Navajo head of household, 
or successor thereto.''.

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
            (2) by striking ``, at the end of such period'' and all 
        that follows through ``Provided further, That''.

SEC. 4. EXPANSION OF BENEFICIARIES OF LAND SELECTIONS.

    Section 11 of Public Law 93-531 is further amended--
            (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 interest 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:
    ``(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 subsection--
            ``(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 INDIAN RELOCATION 
              AUTHORITY.

    Section 12 of Public Law 93-531 is amended by adding at the end the 
following:
    ``(g) Bennett Freeze Rehabilitation Program.--
            ``(1) In general.--The Commissioner is authorized to carry 
        out a rehabilitation program to redress 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 construction and 
        renovation, infrastructure improvements, and economic 
        development initiatives.
            ``(2) Funding.--There are authorized to be appropriated 
        such sums as may be necessary to carry out the program 
        described in this subsection.
    ``(h) Request by Tribe; Authorized Programs.--
            ``(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 activities (or 
        a portion thereof), including construction programs 
        administered by the Commissioner that pertain directly to the 
        requesting Indian tribe. Programs, 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 Hopi Indian Relocation that carries out such functions.
            ``(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 Relocation.''.

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 follows:
    ``(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 continuing 
        rehabilitation and improvement of the economic, 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 Sovereignty 
                Empowerment Zones established pursuant 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 inserting ``2022 through 
                2026''; and
                    (B) by striking the second sentence.

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 Rehabilitation Trust Fund'' which shall consist of the 
funds appropriated pursuant to subsection (e) and any interest or 
investment 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 thereon, shall be available to the Navajo Nation 
solely for purposes that will contribute to the continuing 
rehabilitation and improvement of the economic, housing, 
infrastructure, health, educational, and social condition of families 
and 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 terminate when, upon petition by the 
Navajo Nation, the Secretary 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 Bennett 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 pursuant to section 
        11 of Public Law 93-531.
            (2) Lands in that portion of the Navajo Reservation lying 
        west of the Executive Order Reservation 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 Protection Agency, the Navajo Nation Historic 
        Preservation Department, and the Navajo Nation Department of 
        Fish and Wildlife, within the Navajo Sovereignty Empowerment 
        Zones, the Navajo Nation may choose to waive any or all of the 
        laws in paragraph (2) with regard to renewable energy 
        development, housing development, public and community 
        facilities, infrastructure development (including water and 
        wastewater development, roads, transmission lines, gas lines, 
        and rights-of-way), and related economic development.
            (2) Law eligible for waiver.--The laws referred 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 Management 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 chapter 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 Nation.--
            (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 regulations described in subsection (b) 
                in the Navajo Empowerment Zones, and this amount shall 
                not be less than the agency would have otherwise 
                provided 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 indirect costs 
                that are provided in support of the operation of the 
                program, function, service or activity or portion 
                thereof) is operated; and
                    (B) not later the 90 days after the beginning of 
                each applicable fiscal year, transfer to the Navajo 
                Nation the amount of funds identified 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 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 operating in a Navajo 
        Sovereignty Empowerment Zone shall be subject to the full civil 
        and regulatory jurisdiction of the Navajo Nation.
            (2) Full faith and credit.--Any judgment issued by the 
        Navajo Nation consistent with this section 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 Nation, which 
        shall remain in full force and effect within 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 Navajo-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.

SEC. 10. TRANSFER OF FUNDS TO THE NAVAJO REHABILITATION TRUST FUND.

    Not later than 90 days after the date of the enactment of this Act, 
not less than $19,000,000 of the unobligated balances of the Office of 
Navajo and Hopi Indian Relocation shall be transferred by that Office 
to the Navajo Rehabilitation Trust Fund. Funds transferred under this 
section shall not be subject to the reimbursement obligations of 
section 32(e) of Public Law 93-531.
                                 <all>