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Bill
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To make technical amendments to Public Law 93–531 relating to lands of the Navajo Nation, and for other purposes.

H.R. 6141 · 117th Congress · Dec 3, 2021 · Lineage

A BILL

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:

“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.