Requires a border of any parcel of land that is transferred to or acquired by the Navajo Reservation to be within 18 miles of the trust lands of the Navajo Tribe, including the bands of the Tribe, as of January 2014.
Allows the Bureau of Land Management (BLM) lands anywhere within Arizona and New Mexico to be exchanged for lands within 18 miles of those trust lands.
Gives the Navajo Tribe the right to deselect not more than 757 acres of the land selected as of January 2014, whether or not such land has already been taken into trust by the Secretary of the Interior. Gives the Tribe the right to reselect land up to the amount it deselected.
Directs the Secretary to report on annual rents owed by the Navajo Tribe to the Hopi Tribe for each of the years 2001-2013.
Authorizes the Navajo Tribe to designate up to 150,000 acres within specified lands to be designated as Navajo Sovereignty Empowerment Zones. Makes inapplicable specified laws within such Zones.
Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to set forth the rights of Navajo heads of household or their successors to relinquish an Accommodation Agreement they have entered into with the Hopi Tribe regarding their residence on Hopi lands.
Reauthorizes and revises the Navajo Rehabilitation Trust Fund. Allows for its use for the development of Navajo Sovereignty Empowerment Zones.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5039 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5039
To make technical amendments to Public Law 93-531, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2014
Mrs. Kirkpatrick introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To make technical amendments to Public Law 93-531, 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. NAVAJO RESERVATION BOUNDARY CLARIFICATION.
Subsection (b) of section 11 of the Act of December 22, 1974 (25
U.S.C. 640d-10(b)) is amended--
(1) by striking ``present boundary of the Navajo
Reservation'' and inserting ``trust lands of the Navajo Tribe,
including the bands of the Navajo Tribe, as of January 1,
2014''; and
(2) by striking ``present boundary of the reservation'' and
inserting ``trust lands of the Navajo Tribe, including the
bands of the Navajo Tribe, as of January 1, 2014''.
SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING ERROR.
Section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10) is
amended by adding at the end the following:
``(j) The Navajo Tribe shall have the right to deselect not more
than 757 acres of the land selected under this section as of January 1,
2014, whether or not that land has already been taken into trust by the
Secretary. Trust land deselected by the Navajo Tribe shall be taken out
of trust and shall be administered by the Bureau of Land Management.
The Navajo Tribe shall then have the right to reselect up to the same
amount of land that is deselected and returned, in accordance with the
provisions of this section.''.
SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Interior shall submit a report to the Committee on
Natural Resources in the House of Representatives and the Committee on
Indian Affairs in the Senate a report that contains the following:
(1) The dates that the Secretary rendered initial rental
decisions on annual rents owed by the Navajo Tribe to the Hopi
Tribe pursuant to section 16(a) of the Act of December 22, 1974
(25 U.S.C. 640d-15(a)) for each of years 2001 through 2013,
including an explanation for any delay longer than 12 months
after the end of any year during that period.
(2) The current status of all rental determinations for
each of years 2001 through 2013, and, to the extent appeals are
pending with the Secretary, where these appeals are pending,
and how long such appeals have been pending at that locale.
(3) To the extent that rental determinations have been
delayed, the role, if any, in the delay that has been the
result of contracts with the Bureau of Indian Affairs related
to a contract under the Indian Self-Determination Act (25
U.S.C. 450f).
(4) What contract provisions, if any, have been included in
any contract under the Indian Self-Determination Act (25 U.S.C.
450f) between the Bureau of Indian Affairs and any contractor
to ensure that the contractor's performance of those functions
which are otherwise the obligations of the Bureau of Indian
Affairs to carry out the requirements of section 16(a) of the
Act of December 22, 1974 (25 U.S.C. 640d-15(a)) is free from
conflicts of interest as required by part 900.231 through part
900.236 of title 25, Code of Federal Regulations.
(5) The total amount that the Navajo Tribe has paid as rent
and interest pursuant to section 16(a) of the Act of December
22, 1974 (25 U.S.C. 640d-15(a)), including the amount of
prejudgment interest paid by the Navajo Tribe and the amount of
post-judgment interest paid by the Navajo Tribe.
(6) A plan to bring initial rental determinations current
through the 2014 year as of April 1, 2015.
(7) A plan to ensure that, beginning on April 1, 2016, all
annual rental determinations are completed and delivered to the
Navajo Tribe and the Hopi Tribe on or before April 1 of each
year.
SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT DEMONSTRATION PROJECT.
(a) Navajo Sovereignty Empowerment Zones.--The Navajo Tribe shall
have the authority to designate up to 150,000 acres within one or more
of the following, which shall be designated as Navajo Sovereignty
Empowerment Zones:
(1) All lands selected by the Navajo Tribe pursuant to
section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10).
(2) The lands within 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) All lands partitioned to the Navajo Tribe pursuant to
sections 3 and 4 of the Act of December 22, 1974 (25 U.S.C.
640d-2 and 640d-3).
(b) Applicability of Certain Laws.--Within the Navajo Sovereignty
Empowerment Zones, the following laws are waived with regard to
renewable energy development, housing development, public and community
facilities, and infrastructure development (such as water and
wastewater development, roads, transmission lines, gas lines, and
rights-of-way):
(1) The Wilderness Act (16 U.S.C. 1131 et seq.).
(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(4) The National Historic Preservation Act (16 U.S.C. 470
et seq.).
(5) Public Law 86-523 (16 U.S.C. 469 et seq.).
(6) The Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906'' (16 U.S.C. 431 et seq.)).
(7) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(8) The National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.).
(9) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et
seq.).
(10) The Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.).
(11) Subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'').
(12) The National Park Service Organic Act (16 U.S.C. 1 et
seq.).
(13) The General Authorities Act of 1970 (Public Law 91-
383) (16 U.S.C. 1a-1 et seq.).
(14) Sections 401(7), 403, and 404 of the National Parks
and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 3467).
(15) The Arizona Desert Wilderness Act of 1990 (16 U.S.C.
1132 note; Public Law 101-628).
(c) 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 Tribe.
(d) Navajo-Hopi Dispute Settlement Act.--Nothing in this section
waives the provisions of the Navajo-Hopi Dispute Settlement Act of 1996
(25 U.S.C. 640d note).
(e) Funding and Grants.--Nothing in this section negates or
diminishes the eligibility of the Navajo Tribe 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. 5. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR
RELOCATION BENEFITS.
The Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d
note) is amended by adding at the end the following:
``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY
FOR RELOCATION BENEFITS.
``(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, that has entered into an Accommodation Agreement
shall have the following rights:
``(1) To relinquish that Agreement for up to two 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. 6. NAVAJO REHABILITATION TRUST FUND.
Section 32 of Public Law 93-531 (25 U.S.C. 640d-30) is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period at the
end and inserting ``, or''; and
(C) by adding at the end the following:
``(4) at the discretion of the Navajo Tribe, to use for
development in the Navajo Sovereignty Empowerment Zones
established pursuant to section 104.'';
(2) 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''; and
(3) in subsection (g)--
(A) in the first sentence, by striking ``1990,
1991, 1992, 1993, and 1994'' and all that follows
through the final period and inserting ``2014, 2015,
2016, 2017, and 2018.''; and
(B) by striking the second sentence.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee Indian and Alaska Native Affairs.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line