Navajo and Hopi Indian Relocation Amendments Act of 1980
PL 96-305 (S.751), enacted 07/08/1980

PUBLIC LAW 96-305—JULY 8, 1980 
94 STAT. 929 
Public Law 96-305 
96th Congress 
An Act 
Relating to the relocation of the Navajo Indians and the Hopi Indians, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be 
cited as the "Navajo and Hopi Indian Relocation Amendments Act of 
1980". 
SEC. 2. Section 8 of the Act of December 22,1974 (88 Stat. 1712; 25 
U.S.C. 640d), hereinafter referred to as the "Act of December 22, 
1974", is amended by striking all of subsection (c) and inserting, in 
lieu thereof, the following: 
"(cXD Either as a part of or in a proceeding supplementary to the 
action authorized in subsection (a) of this section, either tribe, 
through the chairman of its tribal council for and on behalf of the 
tribe, including all villages, clans, and individual members thereof, 
may prosecute or defend an action for the types of relief, including 
interest, specified in section 18 of this Act, including all subsections 
thereof, against the other tribe, through its tribal chairman in a like 
representative capacity, and against the United States as to the types 
of recovery specified in subsection (a)(3) of such section 18 and subject 
to the same provisions as contained in said subsection, such action to 
apply to the lands in issue in the reservation established by the Act of 
June 14,1934 (48 Stat. 960). 
"(2) In the event the Hopi Tribe or Navajo Tribe is determined to 
have any interest in the lands in issue, the right of either tribe to 
recover hereunder shall be based upon that percentage of the total 
sums collected, use made, waste committed, and other amounts of 
recovery, which is equal to the percentage of lands in issue in which 
either tribe is determined to have such interest. 
"(3) Neither laches nor the statute of limitations shall constitute a 
defense to such proceedings if they are either prosecuted as a part of 
the action authorized by this section or in a proceeding supplemental 
thereto, if instituted not later than twenty-four months following a 
final order of partition and exhaustion of appeals in an action filed 
pursuant to this section.". 
SEC. 3. Section 10 of the Act of December 22,1974, is amended by 
adding at the end thereof the following new subsections: 
"(c) The Secretary shall take such action as may be necessary in 
order to assure the protection, until relocation, of the rights and 
property of individuals subject to relocation pursuant to this Act, or 
any judgment of partition pursuant thereto, including any individual 
authorized to reside on land covered by a life estate conferred 
pursuant to section 30 of this Act. 
"(d) With respect to any individual subject to relocation, the 
Secretary shall take such action as may be necessary to assure that 
such individuals are not deprived of benefits or services by reason of 
their status as an individual subject to relocation. 
July 8, 1980 
[S. 751] 
Navajo and Hopi 
Indian 
Relocation 
Amendments 
Act of 1980. 
25 u s e 640d 
note. 
25 u s e 640d-7. 
Tribal lands in 
issue, 
determination of 
rights. 
25 u s e 640d-17. 
Defense. 
25 u s e 640d-9. 
94 STAT. 930 
PUBLIC LAW 96-305—JULY 8, 1980 
Partitioned 
lands, tribal 
jurisdiction. 
Effective date. 
Ante, p. 929. 
"Development." 
25 u s e 640d-10. 
Land transfer to 
Navajo Tribe. 
"(e)(1) Lands partitioned pursuant to this Act, whether or not the 
partition order is subject to appeal, shall be subject to the jurisdiction 
of the tribe to whom partitioned and the laws of such tribe shall apply 
to such partitioned lands under the following schedule: 
"(A) Effective ninety days after the date of enactment of this 
subsection, all conservation practices, including grazing control 
and range restoration activities, shall be coordinated and exe-
cuted with the concurrence of the tribe to whom the particular 
lands in question have been partitioned, and all such grazing and 
range restoration matters on the Navajo Reservation lands shall 
be administered by the Bureau of Indian Affairs Navajo Area 
Office and on the Hopi Reservation lands by the Bureau of 
Indian Affairs Phoenix Area Office, under applicable laws and 
regulations. 
"(B) Notwithstanding any provision of law to the contrary, 
each tribe shall have such jurisdiction and authority over any 
lands partitioned to it and all persons located thereon, not in 
conflict with the laws and regulations referred to in paragraph 
(A) above, to the same extent as is applicable to those other 
portions of its reservation. Such jurisdiction and authority over 
partitioned lands shall become effective April 18,1981. 
The provisions of this subsection shall be subject to the responsibility 
of the Secretary to protect the rights and property of life tenants and 
persons awaiting relocation as provided in subsections (c) and (d) of 
this section. 
"(f) Any development of lands in litigation pursuant to section 8 of 
this Act and further defined as 'that portion of the Navajo Reserva-
tion 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,' shall be carried out only upon the 
written consent of each tribe except for the limited areas around the 
village of Moenkopi and around Tuba City. Each such area has been 
heretofore designated by the Secretary. 'Development' as used herein 
shall mean any new construction or improvement to the property and 
further includes public work projects, power and water lines, public 
agency improvements, and associated rights-of-way.". 
SEC. 4. Section 11 of the Act of December 22, 1974, is amended to 
read as follows: 
"SEC. U . (a) The Secretary is authorized and directed to— 
"(1) transfer not to exceed two hundred and fifty thousand 
acres of lands under the jurisdiction of the Bureau of Land 
Management within the State of Arizona and New Mexico to the 
Navajo Tribe: Provided, That, in order to facilitate such transfer, 
the Secretary is authorized to exchange such lands for State or 
private lands of equal value or, if they are not equal, the values 
shall be equalized by the payment of money to the grantor or to 
the Secretary as the circumstances require so long as payment 
does not exceed 25 per centum of the total value of the lands 
transferred out of Federal ownership. The Secretary shall try to 
reduce the payment to as small an amount as possible. Such 
lands will be transferred without cost to the Navajo Tribe and 
title thereto shall be taken by the United States in trust for the 
benefit of the Navajo Tribe as a part of the Navajo Reservation; 
"(2) on behalf of the United States, accept title to not to exceed 
one hundred and fifty thousand acres of private lands acquired 
by the Navajo Tribe. Title thereto shall be taken in the name of 
PUBLIC LAW 96-305—JULY 8, 1980 
94 STAT. 931 
the United States in trust for the benefit of the Navajo Tribe as a 
part of the Navajo Reservation. 
"(b) A border of any parcel of land so transferred or acquired shall 
be within eighteen miles of the present boundary of the Navajo 
Reservation: Provided, That, except as limited by subsection (g) 
hereof, Bureau of Land Management lands anywhere within the 
States of Arizona and New Mexico may be used for the purpose of 
exchanging for lands within eighteen miles of the present boundary 
of the reservation. 
"(c) Lands to be so transferred or acquired shall, for a period of 
three years after the date of enactment of this subsection, be selected 
by the Navajo Tribe after consultation with the Commission: Pro-
vided, That, at the end of such period, the Commission shall have the 
authority to select such lands after consultation with the Navajo 
Tribe: Provided further. That not to exceed thirty-five thousand acres 
of lands so transferred or acquired shall be selected within the State 
of New Mexico. 
"(d) The Commission, in consultation with the Secretary, shall 
within sixty days following the first year of enactment of this 
subsection report to the House Committee on Interior and Insular 
Affairs and the Senate Select Committee on Indian Affairs, on the 
progress of the land transfer program authorized in subsection (a) of 
this section. Sixty days following the second year of enactment of this 
subsection the Commission, in consultation with the Secretary, shall 
submit a report to the House Committee on Interior and Insular 
Affairs and the Senate Select Committee on Indian Affairs giving the 
status of the land transfer program authorized in subsection (a) of 
this section, making any recommendations that the Commission 
deems necessary to complete the land transfer program. 
"(e) Payments being made to any State or local government 
pursuant to the provisions of the Act of October 20, 1976 (90 Stat. 
2662; 31 U.S.C. 1601 et seq.), on any lands transferred pursuant to 
subsection (a)(1) of this section shall continue to be paid as if such 
transfer had not occurred. 
"(f)(1) For a period of three years after the date of enactment of this 
subsection, the Secretary shall not accept title to lands acquired 
pursuant to subsection (a)(2) of this section unless fee title to both 
surface and subsurface has been acquired or the owner of the 
subsurface interest consents to the acceptance of the surface interest 
in trust by the Secretary. 
"(2) If, ninety days prior to the expiration of such three year period, 
the full entitlement of private lands has not been acquired by the 
Navajo Tribe and accepted by the Secretary in trust for the Navajo 
Tribe under the restrictions of paragraph (1) of this subsection, the 
Commission, after public notice, shall, within thirty days, make a 
report thereon to the House Committee on Interior and Insular 
Affairs and the Senate Select Committee on Indian Affairs. 
"(3) In any case where the Secretary accepts, in trust, title to the 
surface of lands acquired pursuant to subsection (a)(2) of this section 
where the subsurface interest is owned by third parties, the trust 
status of such surface ownership and the inclusion of the land within 
the Navajo Reservation shall not impair any existing right of the 
subsurface owner to develop the subsurface interest and to have 
access to the surface for the purpose of such development. 
"(g) No public lands lying north and west of the Colorado River in 
the State of Arizona shall be available for transfer under this section. 
Navajo and Hopi 
Indian 
Relocation 
Commission, 
selection 
authority. 
Report to 
congressional 
committees. 
Public notice. 
Report to 
congressional 
committees. 
94 STAT. 932 
PUBLIC LAW 96-305—JULY 8, 1980 
Selection 
authority. 
Negotiation 
authority. 
25 u s e 640d-22. 
25 u s e 640d-ll. 
Federal 
agencies, 
assistance to 
eommission. 
Report to 
Congress. 
25 u s e 640d-12. 
25 u s e 640d-14. 
Replacement 
housing. 
25 USiC 640d-18. 
25 u s e 640d-3. 
Ante, p. 929. 
"(h) The lands transferred or acquired pursuant to this section 
shall be administered by the Commission until relocation under the 
Commission's plan is complete and such lands shall be used solely for 
the benefit of Navajo families residing on Hopi-partitioned lands as of 
the date of this subsection who are awaiting relocation under this 
Act. 
"(i) The Commission shall have authority to enter into negotiations 
with the Navajo and Hopi Tribes with a view to arranging and 
carrying out land exchanges or leases, or both, between such tribes; 
and lands which may be acquired or transferred pursuant to this 
section may, with the approval of the Commission, be included in any 
land exchange between the tribes authorized under section 23 of this 
Act.". 
SEC. 5. Section 12 of the Act of December 22,1974, is amended b y -
C
D inserting, in paragraph (1) of subsection (g), the phrase "an 
independent legal counsel," after the phrase 
"Executive 
Director,"; 
(2) amending subsection (h) to read as follows: 
"(h) The Commission is authorized to provide for its own adminis-
trative, fiscal, and housekeeping services."; 
(3) redesignating subsection (i) as subsection (j) and inserting 
new subsection (i) as follows: 
"(i)(l) The Commission is authorized to call upon any department 
or agency of the United States to assist the Commission in imple-
menting its relocation plan and completing relocation v/ithin the 
time required by law, except that the control over and responsibility 
for completing relocation shall remain in the Commission. In any 
case in which the Commission calls upon any such department or 
agency for assistance under this section, such department or agency 
shall provide reasonable assistance so requested. 
"(2) On failure of any agency to provide reasonable assistance as 
required under paragraph?!) of this subsection, the Commission shall 
report such failure to the Congress.". 
SEC. 6. Clause (5) of section 13(c) of the Act of December 22,1974, is 
amended by striking the word "thirty" and inserting, in lieu thereof, 
the word "ninety". 
SEC. 7. Section 15 of the Act of December 22, 1974, is amended by 
adding at the end thereof a new subsection (f) as follows: 
"(f) Notwithstanding any other provision of law to the contrary, the 
Commission shall on a preferential basis provide relocation assist-
ance and relocation housing under subsections (b), (c), and (d) of this 
section to the head of each household of members of the Navajo Tribe 
who were evicted from the Hopi Indian Reservation as a consequence 
of the decision in the case of United States v. Kabinto (456 F. 2d 1087 
(1972)): Provided, That such heads of households have not already 
received equivalent assistance from Federal agencies.". 
SEC. 8. Section 19 of the Act of December 22, 1974, is amended by 
adding a new subsection (c) as follows: 
"(c)(1) Surveying, monumenting, and fencing as required by subsec-
tion (b) of this section shall be completed within twelve months after 
the date of enactment of this subsection with respect to lands 
partitioned pursuant to section 4 of this Act and within twelve 
months after a final order of partition with respect to any lands 
partitioned pursuant to section 8 of this Act. 
"(2) The livestock reduction program required under subsection (a) 
of this section shall be completed within eighteen months after the 
date of enactment of this subsection.". 
PUBLIC LAW 96-305—JULY 8, 1980 
94 STAT. 933 
SEC. 9. Section 23 of the Act of December 22,1974, is amended by 
adding the following sentence at the end thereof: "In the event that 
the tribes should negotiate and agree on an exchange of lands 
pursuant to authority granted herein the Commission shall make 
available 125 per centum of the relocation benefits provided in 
sections 14 and 15 of this Act to members of either tribe living on land 
to be exchanged to other than his or her own tribe, except that such 
benefits shall be available only if, within one hundred and eighty 
days of the agreement, a majority of the adult members of the tribe 
who would be eligible to relocate from exchanged lands sign a 
contract with the Commission to relocate within twelve months of the 
agreement or such later time as determined by the Commission and 
such additional benefits shall only be paid to those who actually 
relocate within such period.". 
SEC. 10. (a) Section 25(a)(5) of the Act of December 22, 1974, as 
amended by the Act of July 30, 1979 (Public Law 96-40), is further 
amended by striking the figure "$1,000,000" and inserting, in lieu 
thereof, the figure "$4,000,000": Provided, That no new budget 
authority for fiscal year 1980 is authorized to be appropriated. 
(b) Section 25(a) of the Act of December 22,1974, is further amended 
by adding at the end thereof the following new paragraph: 
"(7) For the purpose of carrying out the provisions of subsection (i) 
of section 30 of this Act, as amended, there is authorized to be 
appropriated, effective in fiscal year 1981, not to exceed $1,000,000 
annually.". 
SEC. 11. The Act of December 22,1974, is amended by adding at the 
end thereof the following new sections: 
"SEC. 27. (a) To facilitate and expedite the relocation efforts of the 
Commission, there is hereby authorized to be appropriated annually, 
effective in fiscal year 1981, not to exceed $6,000,000 as a discretion-
ary fund. 
"Ot)) Such funds may only be used by the Commission to— 
"(1) match or pay not to exceed 30 per centum of any grant, 
contract, or other expenditure of the Federal Government, State 
or local government, tribal government or chapter, or private 
organization for the benefit of the Navajo or Hopi Tribe, if such 
grant, contract, or expenditure would significantly assist the 
Commission in carrying out its responsibilities or assist either 
tribe in meeting the burdens imposed by this Act; 
"(2) engage or participate, either directly or by contract, in 
demonstration efforts to employ innovative energy or other 
technologies in providing housing and related facilities and 
services in the relocation and resettlement of individuals under 
this Act. 
Not to exceed 5 per centum of such funds may be used for the 
administrative expenses of the Commission in carrying out this 
section. 
"(c) The Secretary of the Interior and the Secretary of Health and 
Human Services, as appropriate, shall assign the highest priority, in 
the next fiscal year after the date of enactment of this subsection to 
the funding and construction of the Hopi high school and Hopi 
medical center consistent with any plans already completed and 
approved by appropriate agencies of the respective departments. 
"SEC. 28. (a) No action taken pursuant to, in furtherance of, or as 
authorized by this Act, as amended, shall be deemed a major Federal 
action for purposes of the National Environmental Policy Act of 1969, 
as amended. 
25 u s e 640d-22. 
Relocation 
benefits. 
25 u s e 640d-13, 
ante, p. 932. 
93 Stat. 318. 
25 u s e 640d-24. 
Post, p. 934. 
Appropriation 
authorization. 
25 u s e 640d-25. 
Funds, use. 
25 u s e 640d-26. 
42 u s e 4321 
note. 
94 STAT. 934 
PUBLIC LAW 96-305—JULY 8, 1980 
43 u s e 1782, 
1752. 
Litigation or 
court action. 
25 u s e 640d-27. 
Appropriation 
authorization. 
Ante, p. 929, 25 
u s e 640d-17. 
Repeal. 
25 u s e 640d-4. 
Life estate 
leases, 
application. 
25 u s e 640d-28. 
Priority ranking. 
"(b) Any transfer of public lands pursuant to this Act shall be made 
notwithstanding the provisions of sections 603 and 402(g) of the 
Federal Land Policy and Management Act (Public Law 94-579; 40 
U.S.C. 1701 et seq.). 
"SEC. 29. (a) In any litigation or court action between or among the 
Hopi Tribe, the Navajo Tribe and the United States or any of its 
officials, departments, agencies, or instrumentalities, arising out of 
the interpretation or implementation of this Act, as amended, the 
Secretary shall pay, subject to the availability of appropriations, 
attorney's fees, costs and expenses as determined by the Secretary to 
be reasonable. For each tribe, there is hereby authorized to be 
appropriated not to exceed $120,000 in fiscal year 1981, $130,000 in 
fiscal year 1982, $140,000 in fiscal year 1983, $150,000 in fiscal year 
1984, and $160,000 in fiscal year 1985, and each succeeding year 
thereafter until such litigation or court action is finally completed. 
"(b) Upon the entry of a final judgment in any such litigation or 
court action, the court shall award reasonable attorney's fees, costs 
and expenses to the party, other than the United States or its 
officials, departments, agencies, or instrumentalities, which prevails 
or substantially prevails, where it finds that any opposing party has 
unreasonably initiated or contested such litigation. Any party to 
whom such an award has been made shall reimburse the United 
States out of such award to the extent that it has received payments 
pursuant to subsection (a) of this section. 
"(c) To the extent that any award made to a party against the 
United States pursuant to subsection O
t
>
) of this section exceeds the 
amount paid to such party by the United States pursuant to subsec-
tion (a) of this section, such difference shall be treated as if it were a 
final judgment of the Court of Claims under section 2517 of title 28, 
United States Code. 
"(d) This section shall apply to any litigation or court action 
pending upon the date of enactment of this section in which a final 
order, decree, judgment has not been entered, but shall not apply to 
any action authorized by section 8 or 18(a) of this Act. 
"SEC. 30. (a) Paragraph (4) of section 5(a) of the Act of December 22, 
1974, is repealed. 
"(b) Any Navajo head of household who desires to do so may submit 
an application for a life estate lease to the Commission. Such 
application shall contain such information as the Commission may 
prescribe by regulation, such regulation to be promulgated by the 
Commission within ninety days of enactment of this subsection. To be 
considered, such application must by filed with the Commission on or 
before April 1, 1981: Provided, That the Commission may, for good 
cause, grant an extension of one hundred and eighty days. 
"(c) Upon receipt of applications filed pursuant to this section, the 
Commission shall group them in the following order: 
"(A) Applicants who are determined to be at least 50 per 
centum disabled as certified by a physician approved by the 
Commission. Such applicants shall be ranked in the order of the 
severity of their disability. 
"(B) Applicants who are not at least 50 per centum disabled 
shall be ranked in order of their age with oldest listed first and 
the youngest listed last: Provided, That, if any applicant phys-
ically resides in quarter quad Nos. 78 NW, 77 NE, 77 NW, 55 SW, 
or 54 SE as designated on the Mediator's partition map, such 
applicant shall be given priority over another applicant of equal 
age. 
PUBLIC LAW 96-305—JULY 8, 1980 
94 STAT. 935 
Awarding of 
leases. 
"(C) Applicants who did not, as of December 22, 1974, and 
continuously thereafter, maintain a separate place of abode and 
actually remain domiciled on Hopi partitioned lands, and who, 
but for this subsection would be required to relocate, shall be 
rejected by the Commission. 
"(D) Applicants who were not at least forty-nine years of age 
on December 22,1974, or are not at least 50 per centum disabled, 
shall also be rejected by the Commission. 
"(d) The Commission shall have authority to award life estate 
leases to not more than one hundred and twenty applicants with first 
priority being given to applicants listed pursuant to subsection (cXA) 
and the next priority being given to the applicants listed pursuant to 
subsection (c)(B), in order of such listing. 
"(e) Each life estate lease shall consist of a fenced area not 
exceeding ninety acres of land which shall include the life tenant's 
present residence and may be used by the life tenant to feed not to 
exceed twenty-five sheep units per year or equivalent livestock. The 
Secretary, under existing authority, shall make available to life 
estate tenants such assistance during that tenure, as may be neces-
sary to enable such tenant to feed such livestock at an adequate 
nutritional level. 
"(f) No person may reside on a life estate other than the life tenant. Residents. 
his or her spouse, and minor dependents, and/or such persons who 
are necessarily present to provide for the care of the life tenant. The 
Commission shall promulgate regulations to carry out the intent of 
this subsection. 
"(g) The life estate tenure shall end by voluntary relinquishment, 
or at the death of the life tenant or the death of his or her spouse, 
whichever occurs last: Provided, That each survivorship right shall 
apply only to those persons who were lawfully married to each other 
on or before the date of enactment of this subsection. 
"(h) Nothing in this section shall be construed as prohibiting any 
such applicant who receives a life estate lease under this section from 
relinquishing, prior to its termination, such estate at any time and 
voluntarily relocating. Upon voluntary relinquishment of such 
estate, by such means or instrument as the Secretary shall prescribe, 
such applicant shall be entitled to relocation benefits from the 
Secretary comparable to those provided by section 15 of this Act. For Ante, p. 932. 
life estates terminated by the death of the life tenant or his or her 
surviving spouse, compensation shall be paid to the estate of the 
deceased life tenant or surviving spouse based on the fair market 
value of the habitation and improvements at the time of the expira-
tion of such tenure and not before. Such payment shall be in lieu of 
any other payment pursuant to subsection (a) of section 15 of this Act. 
Assistance provided pursuant to section 15(b) of this Act, as amended, 
shall be paid to any head of household lawfully residing on such life 
estate pursuant to subsection (f) of this subsection who is required to 
move by the termination of such life estate by the death of the life 
tenant and his or her surviving spouse and who does not maintain a 
residence elsewhere. Compensation under section 15(a) shall be paid 
and distributed in accordance with the last will and testament of the 
life tenant or surviving spouse or, in the event no valid last will and 
testament is left, compensation shall be paid and distributed to his or 
her heirs in accordance with existing Federal law. Upon termination 
of a life estate by whatever means, the dependents residing with the 
individuals having such life estate so terminated shall have ninety 
days following such termination within which to relocate. 
Tenant's death. 
Voluntary estate 
relinquishment. 
94 STAT. 936 
PUBLIC LAW 96-305—JULY 8, 1980 
"(i) The Secretary shall pay, on an annual basis, the fair market 
rental value of such life estate leases to the tribe to whom the lands 
leased were partitioned. 
"(j) Nothing in this Act or any other law shall be construed to 
f)revent a life tenant from making reasonable improvements on the 
ife estate which are related to the residence and agricultural 
purposes of 
the life tenancy. 
Additional 
"(K) The Commission is author!^ to grant not to exceed ten 
additional life estate leases to Hopi heads of household residing on 
Navajo-partitioned lands under such terms of this section as may be 
appropriate.". 
Approved July 8, 1980. 
leases. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-544 accompanying H.R. 5262 (Comm. on Interior and 
Insular Affairs) and No. 96-1094 (Comm. of Conference). 
SENATE REPORT No. 96-373 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Oct. 24, considered and passed Senate. 
Oct. 29, H.R. 5262 considered and passed House; passage vacat-
ed and S. 751, amended, passed in lieu. 
Vol. 126 (1980): June 25, House agreed to conference report and receded from its 
amendment to the title. 
June 26, Senate agreed to conference report.