Navajo-Hopi Land Settlement Amendments of 2005

Bill: 109-s-1003
Sponsor: Sen. McCain, John [R-AZ]
Introduced: 2005-05-11 in the Senate
Policy area: Native Americans
Subjects: Administrative remedies
Agriculture and Food
Arizona
Authorization
Civil service retirement
Department of the Interior
Early retirement
Economics and Public Finance
Environmental Protection
Environmental assessment
Executive reorganization
Federal employees
Government Operations and Politics
Government trust funds
Grazing
Housing and Community Development
Indian claims
Indian housing
Indian lands
Land transfers
Land use
Law
Leases
Minorities
New Mexico
Public Lands and Natural Resources
Religion
Relocation
Severance pay
Wilderness areas

Summary:
action_date: 2005-05-11
text: 
Navajo-Hopi Land Settlement Amendments of 2005 - Amends Federal Indian law with respect to the Navajo-Hopi land settlement, including: (1) division of land; (2) joint ownership of minerals; (3) actions in District Court; (4) Paiute Indian allottments; (5) partitioned and other designated land; (6) resettlement land for Navajo Tribe; (7) the Office of Navajo and Hopi Indian Relocation; (8) relocation of households and members; (9) relocation housing; (10) payment for use of land; (11) actions for accounting, fair value of grazing, and claims for damages to land; (12) religious ceremonies and access to religious shrines; (13) exclusion of payments from certain Federal determinations of income; (14) authorization of appropriations; (15) attorney fees and court costs; (16) lobbying; and (17) Navajo Rehabilitation Trust Fund.
 
Amends federal civil service law concerning personnel of the Office of Navajo and Hopi Indian Relocation.
 
Transfers to the Secretary of the Interior any function of the Office that has not been carried out by the Office on the enactment of this Act.

action_date: 2005-12-12
text: 
Navajo-Hopi Land Settlement Amendments of 2005 -
 Title I: Amendments to the Act of December 22, 1974
 - (Sec. 101) Amends the Act of December 22, 1974 to repeal authority and requirements for appointment of Navajo and Hopi relocation negotiating teams, a Mediator, and related matters (because all such requirements have been fulfilled).
 
(Sec. 106) Revises requirements for the partition of the Navajo and Hopi Joint Use Area of the 1882 Reservation established by Executive Order on December 16, 1882.
 
(Sec. 107) Revises requirements for the exchange of land, at the discretion of the Secretary of the Interior, between the United States (under the jurisdiction of the Bureau of Land Management in Arizona and New Mexico) and the Navajo Tribe. (Currently, the Secretary is required to make such a land exchange.)
 
Terminates on September 30, 2008, the authority of the Commissioner of the Office of Navajo and Hopi Indian Relocation (ONHIR) to select lands to be transferred to or acquired by the Navajo Tribe.
 
Authorizes the Commissioner, in order to facilitate relocation of a member of a Tribe, to grant a homesite lease on land acquired under such Act to a member of the extended family of a Navajo Indian eligible to receive benefits under such Act. Prohibits the Commissioner, however, from using any available funds to provide housing to such an extended family member.
 
(Sec. 108) Terminates ONHIR on September 30, 2008, and transfers all remaining duties to the Secretary.
 
Establishes in the Department of the Interior an Office of Relocation to replace ONHIR.
 
(Sec. 110) Prohibits any payment of benefits under the Act to any head of household not certified eligible to receive payments by September 30, 2005.
 
(Sec. 111) Directs the Commissioner to notify the Secretary by September 30, 2008, of any head of household who: (1) is certified eligible to receive benefits; (2) does not reside on land partitioned to the Tribe of which the head of household is a member; and (3) has not received a replacement home. Directs the Commissioner also, by September 30, 2008, to transfer to the Secretary any funds not used to make payments to eligible heads of households. Requires the Secretary to hold such funds in trust for the benefit of each eligible head of household who has not received a replacement home until he or she (or an heir) requests the funds for the acquisition of such a home.
 
Requires the Commissioner, within 180 days after enactment of this Act, to notify each eligible head of household who has not entered into a lease with the Hopi Tribe to reside on land partitioned to the Tribe. Authorizes the Commissioner to begin construction of a replacement home on acquired land within 90 days after receiving notice of the imminent removal of a relocatee from land provided to the Hopi Tribe. 
 
 Requires the Commissioner to establish an expedited procedure for reaching a final determination on appeals of eligibility denials. Authorizes appeal of an eligibility denial to the U.S. Circuit Court of Appeals for the Ninth Circuit.
 
(Sec. 121) Authorizes appropriations to carry out the relocation program for FY2006-FY2008.
 

Title II: Personnel of The Office of Navajo and Hopi Indian Relocation
 - (Sec. 201) Amends federal civil service law to provide that retention preference requirements shall not apply to an ONHIR employee.
 
(Sec. 202) Amends federal civil service law to direct the ONHIR Commissioner to establish a program to offer separation pay to ONHIR employees in the same manner as the Secretary of Defense offers separation pay to employees of a defense agency.
 
(Sec. 203) Modifies the retirement computation formula for ONHIR employees eligible for early or optional retirement.
 

Title III: Transfer of Functions And Savings Provisions
 - (Sec. 302) Transfers to the Secretary any ONHIR function that has not been carried out by ONHIR on the enactment of this Act.
 
(Sec. 303) Provides for the transfer and allocations of appropriations.

action_date: 2006-05-02
text: 
Navajo-Hopi Land Settlement Amendments of 2005 - 
Title I: Amendments to the Act of December 22, 1974
 - (Sec. 101) Amends the Act of December 22, 1974, to repeal authority and requirements for appointment of Navajo and Hopi relocation negotiating teams, a Mediator, and related matters (because all such requirements have been fulfilled). Renames the Act, as revised, the Navajo-Hopi Land Settlement Act.
 
(Sec. 106) Revises requirements for the partition of the Navajo and Hopi Joint Use Area of the 1882 Reservation established by Executive Order on December 16, 1882.
 
(Sec. 107) Revises requirements for the exchange of land, at the discretion of the Secretary of the Interior, between the United States (under the jurisdiction of the Bureau of Land Management in Arizona and New Mexico) and the Navajo Tribe. (Currently, the Secretary is required to make such a land exchange.)
 
Terminates on September 30, 2008, the authority of the Commissioner of the Office of Navajo and Hopi Indian Relocation (ONHIR) to select lands to be transferred to or acquired by the Navajo Tribe.

Authorizes the Commissioner, in order to facilitate relocation of a member of a Tribe, to grant a homesite lease on land acquired under such Act to a member of the extended family of a Navajo Indian eligible to receive benefits under such Act. Prohibits the Commissioner, however, from using any available funds to provide housing to such an extended family member.
 
(Sec. 108) Terminates ONHIR on September 30, 2008, and transfers all remaining duties to the Secretary. 
 
Allows the Secretary: (1) to consult with the Commissioner regarding the transfer of the responsibilities of the ONHIR to the Department of the Interior; and (2) take any action the Secretary determines to be necessary to assume the responsibilities of the Office on September 30, 2008.
 
(Sec. 110) Prohibits any payment of benefits under the Act to any head of household not certified eligible to receive payments by September 30, 2008. 
 
(Sec. 111) Directs the Commissioner to notify the Secretary by September 30, 2008, of any head of household who: (1) is certified eligible to receive benefits; (2) does not reside on land partitioned to the Tribe of which the head of household is a member; and (3) has not received a replacement home. Directs the Commissioner also, by September 30, 2008, to transfer to the Secretary any funds not used to make payments to eligible heads of households. Requires the Secretary to hold such funds, for the benefit of each eligible head of household who has not received a replacement home, until receiving a request for them, at which time payments shall be made for such a home. Requires the Commissioner to notify each eligible head of household who has not entered into a lease with the Hopi Tribe to reside on land partitioned to the Tribe.
 
Requires the Commissioner, before July 1, 2008, but within 90 days after receiving notice of the imminent removal of a relocatee from land provided to the Navajo Tribe or the Hopi Tribe under this Act, to: (1) determine the relocatee's eligibility for a replacement home; and (2) begin construction of such a home for an eligible relocatee on any acquired land.
 
Requires the Commissioner to establish an expedited procedure for reaching a final determination on appeals of eligibility denials. Authorizes appeal of an eligibility denial to the U.S. Court of Appeals for the Ninth Circuit.
 
(Sec. 121) Authorizes appropriations to a discretionary fund of the Commissioner to carry out the relocation program for FY2006-FY2008 and beyond.
 

Title II: Transfer of Functions and Savings Provisions
 - (Sec. 202) Transfers to the Secretary any ONHIR function that has not been carried out in accordance with the Act of December 22, 1974, as amended by this Act. Prescribes related administrative requirements.
 
(Sec. 212) Requires the Commissioner to report annually to Congress and authorizes appropriations for such reports.
 

Title III: Personnel of the Office of Navajo and Hopi Relocation
 - (Sec. 301) Allows ONHIR to request funding for and offer voluntary separation incentive payments and voluntary early retirement to any ONHIR employee.
 


Legislative actions:
action_date: 2006-06-20
text: Committee Hearings Held.
action_date: 2006-05-09
text: Executive Comment Requested from Interior.
action_date: 2006-05-03
text: Referred to the House Committee on Resources.
action_date: 2006-05-02
text: Held at the desk.
action_date: 2006-05-02
text: Message on Senate action sent to the House.
action_date: 2006-05-02
text: Received in the House.
action_date: 2006-05-02
text: Passed Senate with amendments by Unanimous Consent. (text of measure as passed Senate: CR S3924-3930)
action_date: 2006-05-02
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text of measure as passed Senate: CR S3924-3930)
action_date: 2006-05-02
text: Measure laid before Senate by unanimous consent. (consideration: CR S3918-3930; text of measure as reported: CR S3918-3924)
action_date: 2005-12-12
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 324.
action_date: 2005-12-12
text: Committee on Indian Affairs. Reported by Senator McCain with amendments. With written report No. 109-206.
action_date: 2005-12-12
text: Committee on Indian Affairs. Reported by Senator McCain with amendments. With written report No. 109-206.
action_date: 2005-10-27
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2005-07-21
text: Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 109-183.
action_date: 2005-05-11
text: Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S4950-4956)
action_date: 2005-05-11
text: Sponsor introductory remarks on measure. (CR S4950)
action_date: 2005-05-11
text: Introduced in Senate