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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Former Bennett Freeze Area
Development Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) ONHIR.--The term ''ONHIR'' means the Office of Navajo
and Hopi Indian Relocation.
(2) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(3) Trust fund.--The term ''Trust Fund'' means the Former
Bennett Freeze Area Rehabilitation Trust Fund established under
this Act.

SEC. 3. ONHIR TRANSITION.

(a) Request by Tribe; Authorized Programs.--Upon the request of the
Navajo Nation or the Hopi Tribe by tribal resolution, the Commissioner
of the Office of Navajo and Hopi Indian Relocation 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 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.
(b) Regulations.--The Commissioner shall issue regulations
implementing subsection (a) that, to the maximum extent feasible--
(1) parallel the requirements of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450f);
and
(2) reflect the independent agency status of the Office of
Navajo and Hopi Indian Relocation.

SEC. 4. 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 (f) of this section and any
interest or investment income accrued on such funds.
(b) Secretary as Trustee; Investment of Funds.--The Secretary shall
be the trustee of the Former Bennett Freeze Area Rehabilitation Trust
Fund and shall be responsible for investment of the funds in such Trust
Fund. Notwithstanding the foregoing, upon receipt and approval of a
plan for the use of those funds consistent with subsection (c), the
Secretary shall transfer these funds to the Navajo-Hopi Land Commission
Office of the Navajo Nation, or its designee, as trustee.
(c) Availability of Funds; Purposes.--Funds 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 which 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) Deposits to Trust Fund.--The Trust Fund shall consist of--
(1) a set-aside each fiscal year of 0.75 percent of any
amounts appropriated for the Operation of Indian Programs
budget of the Bureau of Indian Affairs;
(2) a set-aside each fiscal year of 5.0 percent of any
amounts appropriated for the Indian Housing Block Grant Program
under title I of the Native American Housing and Self-
Determination Act of 1996;
(3) a set-aside each fiscal year of 0.75 percent of any
amounts appropriated for the Rural Development Program (title
III); and
(4) any amounts appropriated, transferred, or credited to
the Trust Fund under any provision of law.
(e) Termination of Trust Fund.--The Rehabilitation Trust Fund shall
terminate when, upon petition by the Navajo Nation, the Secretary
determines that the goals of the Trust Fund have been met. All funds in
the Trust Fund on such date shall be transferred to the Treasury.
(f) Authorization of Appropriations; Reimbursement of General
Fund.--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 2011 through 2025.

SEC. 5. MISCELLANEOUS.

(a) Expansion of ONHIR Authority.--Section 12 of Public Law 93-531
(25 U.S.C. 640d-11(d)) is amended by adding at the end the following:
''(4) 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 be limited to housing construction and
renovation, infrastructure improvements, and economic
development initiatives.
''(5) There are authorized to be appropriated such sums as
may be necessary to carry out the program described in
paragraph 4.''.
(b) Navajo Rehabilitation Trust Fund.--Section 32 of Public Law 93-
531 (25 U.S.C. 640d-30) is amended--
(1) in the first sentence of subsection (f), by striking
''and the United States has been reimbursed for funds
appropriated under subsection (f) of this section'';
(2) in the first sentence of subsection (g), by striking
''1990, 1991, 1992, 1993, and 1994'' and all that follows
through the final period and inserting ''2011, 2012, 2013,
2014, and 2015.''; and
(3) in subsection (g), by striking the second sentence.
(c) Relocation of Households and Members.--Section 1 of Public Law
93-531 (25 U.S.C. 640d) is amended by adding at the end the following
new subsection:
''(f) The Navajo Nation has the right to negotiate and approve an
Accommodation Agreement with the Hopi Tribe for any Navajo head of
household residing on Hopi Partitioned Land that has not otherwise
entered into an Accommodation Agreement but intends to remain on the
Hopi Partitioned Land.''.
(d) Relinquishment of Accommodation Agreement and Eligibility for
Relocation Benefits.--The Navajo-Hopi Land Dispute Settlement Act of
1996 is amended by adding a new section 13 as follows:

''SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY
FOR RELOCATION BENEFITS.

''Notwithstanding any other provision of this Act, the Settlement
Agreement, or the Accommodation Agreement, any Navajo family that has
entered into an Accommodation Agreement shall have the right--
''(1) to relinquish that Agreement at any time up until the
closure of the Office of Navajo and Hopi Indian Relocation; and
''(2) after relinquishment under paragraph (1), to receive
the full relocation benefits to which the family would
otherwise have been entitled had the family not signed the
Accommodation Agreement, including relocation housing,
counseling, and other services.''.
(e) Appropriations.--There are authorized to be appropriated such
sums as are necessary to carry out the programs set forth in the
amendments made by this section. Funds appropriated under this
subsection shall be in addition to funds made available for use on the
Navajo and Hopi Reservations out of appropriations heretofore or
hereafter granted for the benefit, care, or assistance of Indians in
general, or made pursuant to other authorizations in effect on the date
of the enactment of this Act.
Former Bennett Freeze Area Development Act - Requires the Commissioner of the Office of Navajo and Hopi Indian Relocation (ONHIR), by request of the Navajo Nation or the Hopi Tribe by tribal resolution, to enter into a self-determination contract or contracts with the requesting Indian tribe to plan, conduct, and administer programs, functions, services, or activities, including construction programs administered by the Commissioner that pertain directly to the requesting Indian tribe.

Establishes the Former Bennett Freeze Area Rehabilitation Trust Fund in the Treasury.

Makes amounts in the Fund available to the Navajo Nation solely for purposes which 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.

Authorizes the Commissioner to carry out a rehabilitation program to redress the effects of federal development restrictions (Bennett Freeze) in the western portion of the Navajo Reservation, limited to housing construction and renovation, infrastructure improvements, and economic development initiatives. Repeals requirements that: (1) the United States be reimbursed for funds appropriated to the Navajo Rehabilitation Trust Fund before its termination; and (2) the income derived by the Navajo Tribe from the surface and mineral estates of certain lands located in New Mexico acquired for the Tribe's benefit be used to reimburse the General Fund of the U.S. Treasury. Reauthorizes the Fund.

Grants the Navajo Nation the right to negotiate and approve an Accommodation Agreement with the Hopi Tribe for any Navajo head of household residing on Hopi Partitioned Land that has not otherwise entered into such Agreement but intends to remain on the Land.

Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to grant any Navajo family that has entered into an Accommodation Agreement the right to: (1) relinquish that Agreement at any time up until the closure of the ONHIR; and after such relinquishment (2) receive the full relocation benefits to which the family would otherwise have been entitled had the family not signed such Agreement, including relocation housing, counseling, and other services.