[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1003 Referred in House (RFH)]
109th CONGRESS
2d Session
S. 1003
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2006
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
To amend the Act of December 22, 1974, and for other purposes.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Navajo-Hopi Land
Settlement Amendments of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Effect of Act.
TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974
Sec. 101. Repeal of sections.
Sec. 102. Short title; definitions.
Sec. 103. Joint ownership of minerals.
Sec. 104. Actions.
Sec. 105. Paiute Indian allotments.
Sec. 106. Partitioned and other designated land.
Sec. 107. Resettlement land for Navajo Tribe.
Sec. 108. Office of Navajo and Hopi Indian Relocation.
Sec. 109. Report.
Sec. 110. Relocation of households and members.
Sec. 111. Relocation housing.
Sec. 112. Payment for use of land.
Sec. 113. Effect of Act.
Sec. 114. Actions for accounting, fair value of grazing, and claims for
damages to land.
Sec. 115. Joint use.
Sec. 116. Religious ceremonies; piping of water.
Sec. 117. Access to religious shrines.
Sec. 118. Exclusion of Payments from certain Federal determinations of
income.
Sec. 119. Authorization of exchange.
Sec. 120. Severability.
Sec. 121. Authorization of appropriations.
Sec. 122. Discretionary fund.
Sec. 123. Attorney fees and court costs.
Sec. 124. Lobbying.
Sec. 125. Navajo Rehabilitation Trust Fund.
Sec. 126. Availability of Funds for relocation assistance.
TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS
Sec. 201. Definitions.
Sec. 202. Transfer of functions.
Sec. 203. Personnel provisions.
Sec. 204. Delegation and assignment.
Sec. 205. Reorganization.
Sec. 206. Rules.
Sec. 207. Transfer and allocations of appropriations and personnel.
Sec. 208. Incidental transfers.
Sec. 209. Effect on personnel.
Sec. 210. Separability.
Sec. 211. Transition.
Sec. 212. Report.
Sec. 213. References.
Sec. 214. Additional conforming amendment.
Sec. 215. Effect of title.
Sec. 216. Effective date.
TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION
Sec. 301. Separation pay.
Sec. 302. Federal retirement.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Act of December 22, 1974 (25 U.S.C. 640d et seq.)
(commonly known as the ``Navajo-Hopi Land Settlement Act of
1974'') was enacted to address the century-long land disputes
between the Navajo Tribe and the Hopi Tribe and to establish a
relocation process to remove, by December 31, 1986, Navajos and
Hopis from land allocated to the other tribe by requiring the
filing of a relocation plan;
(2) the Office of Navajo and Hopi Relocation was
established in 1988 as a temporary independent agency to
implement a 1981 relocation plan under that Act to relocate
eligible families that lived on disputed land as of December
22, 1974;
(3) the relocation process has been plagued with
controversy and delay, and Congress has had to amend the Act
several times to authorize the expansion of original relocation
activity and to provide additional appropriations for the
implementation of relocation activities;
(4) the Office of Navajo and Hopi Indian Relocation has
reviewed over 4,600 applications, considered numerous appeals,
provided relocation homes for over 3,600 families;
(5) the Office of Navajo and Hopi Indian Relocation has
provided financial assistance and technical support to the
Navajo Tribe and the Hopi Tribe to address the impacts of
relocation, including the operation of livestock grazing
programs and resources to assist in the resettlement of
individuals;
(6) individual Navajos and Hopis have had over 20 years
during which to apply for and receive relocation benefits or to
appeal a finding of ineligibility through the Office of Navajo
and Hopi Relocation and in Federal district court; and
(7) the Office of Navajo and Hopi Relocation has had
sufficient time in which to notify potential eligible
applicants of the opportunity to receive relocation benefits,
to certify that specific individuals qualify for such benefits,
and to provide eligible individuals with replacement housing,
counseling, and other assistance to adapt to relocation on
Indian land or within non-Indian communities.
SEC. 3. EFFECT OF ACT.
Nothing in this Act, or an amendment made by this Act--
(1) limits or otherwise affects any determination of a
court, including a determination relating to an action pending
as of the date of enactment of this Act, relating to a dispute
of the Navajo Indian tribe or the Hopi Indian tribe with
respect to--
(A) land; or
(B) any settlement agreement; or
(2) authorizes any cause of action not in existence on the
day before the date of enactment of this Act.
TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974
SEC. 101. REPEAL OF SECTIONS.
(a) In General.--The Act of December 22, 1974 (25 U.S.C. 640d et
seq.), is amended in the first undesignated section by striking ``That,
(a) within'' and all that follows through the end of the section.
(b) Additional Repeals.--Sections 2 through 5 and sections 26, 28,
and 30 of the Act of December 22, 1974 (25 U.S.C. 640d-1 through 640d-
4; 88 Stat. 1723; 25 U.S.C. 640d-26, 640d-28), are repealed.
SEC. 102. SHORT TITLE; DEFINITIONS.
Section 6 of the Act of December 22, 1974 (25 U.S.C. 640d-5), is
amended by striking ``Sec. 6. The Mediator'' and all that follows
through the end of the section and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Navajo-Hopi Land Settlement Act'.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) District court.--The term `District Court' means the
United States District Court for the District of Arizona.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(3) Tribe.--The term `Tribe' means--
``(A) the Navajo Indian Tribe; and
``(B) the Hopi Indian Tribe.''.
SEC. 103. JOINT OWNERSHIP OF MINERALS.
Section 7 of the Act of December 22, 1974 (25 U.S.C. 640d-6), is
amended--
(1) by striking ``Sec. 7. Partition'' and inserting the
following:
``SEC. 3. JOINT OWNERSHIP OF MINERALS.
``(a) In General.--Partition''; and
(2) in the second sentence, by striking ``All'' and
inserting the following:
``(b) Joint Management.--All''.
SEC. 104. ACTIONS.
Section 8 of the Act of December 22, 1974 (25 U.S.C. 640d-7), is
amended--
(1) by striking ``Sec. 8. (a) Either Tribe'' and inserting
the following:
``SEC. 4. ACTIONS.
``(a) Actions in District Court.--Either Tribe'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``(b) Lands,
if any,'' and inserting the following:
``(b) Allocation of Land.--
``(1) Navajo reservation.--Any land'';
(B) in the second sentence, by striking ``Lands, if
any,'' and inserting the following:
``(2) Hopi reservation.--Any land''; and
(C) in the third sentence, by striking ``Any
lands'' and inserting the following:
``(3) Joint and undivided interests.--Any land'';
(3) in subsection (c)--
(A) by striking ``(c)(1) Either'' and inserting the
following:
``(c) Exchange of Land.--
``(1) In general.--Either'';
(B) in paragraph (2), by striking ``(2) In the
event'' and inserting the following:
``(2) Interests of tribes.--If'';
(C) in paragraph (3), by striking ``(3) Neither''
and inserting the following:
``(3) Defense.--Neither''; and
(D) by striking ``section 18'' each place it
appears and inserting ``section 14'';
(4) in subsection (d), by striking ``(d) Nothing'' and
inserting the following:
``(d) Effect of Section.--Nothing'';
(5) in subsection (e), by striking ``(e) The'' and
inserting the following:
``(e) Payment of Legal Fees, Court Costs, and Other Expenses.--
The''; and
(6) by striking subsection (f).
SEC. 105. PAIUTE INDIAN ALLOTMENTS.
Section 9 of the Act of December 22, 1974 (25 U.S.C. 640d-8), is
amended by striking ``Sec. 9. Notwithstanding'' and inserting the
following:
``SEC. 5. PAIUTE INDIAN ALLOTMENTS.
``Notwithstanding''.
SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND.
Section 10 of the Act of December 22, 1974 (25 U.S.C. 640d-9), is
amended--
(1) by striking ``Sec. 10. (a) Subject'' and inserting the
following:
``SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND.
``(a) Navajo Trust Land.--Subject'';
(2) in subsection (a), by striking ``section 9 and
subsection (a) of section 17'' and inserting ``sections 5 and
13(a)'';
(3) in subsection (b)--
(A) by striking ``(b) Subject'' and inserting the
following:
``(b) Hopi Trust Land.--Subject'';
(B) by striking ``section 9 and subsection (a) of
section 17'' and inserting ``sections 5 and 13(a)'';
(C) by inserting ``(as in effect on the day before
the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' after ``section 3 or
4''; and
(D) by striking ``section 8'' and inserting
``section 4'';
(4) in subsection (c)--
(A) by striking ``(c) The'' and inserting the
following:
``(c) Protection of Rights and Property.--The''; and
(B) by striking ``pursuant thereto'' and all that
follows through the end of the subsection and inserting
``pursuant to this Act'';
(5) in subsection (d), by striking ``(d) With'' and
inserting the following:
``(d) Protection of Benefits and Services.--With''; and
(6) in subsection (e)--
(A) by striking ``(e)(1) Lands'' and inserting the
following:
``(e) Tribal Jurisdiction Over Partitioned Land.--
``(1) In general.--Land'';
(B) by adjusting the margins of subparagraphs (A)
and (B) of paragraph (1) appropriately; and
(C) in the matter following subparagraph (B)--
(i) by striking ``The provisions'' and
inserting the following:
``(2) Responsibility of secretary.--The provisions''; and
(ii) by striking ``life tenants and''.
SEC. 107. RESETTLEMENT LAND FOR NAVAJO TRIBE.
(a) In General.--Section 11(a) of the Act of December 22, 1974 (25
U.S.C. 640d-10(a)), is amended--
(1) by striking ``Sec. 11. (a) The Secretary'' and
inserting the following:
``SEC. 7. RESETTLEMENT LAND FOR NAVAJO TRIBE.
``(a) Transfer of Land.--
``(1) In general.--The Secretary'';
(2) by striking ``(1) transfer not to exceed two hundred
and fifty thousand acres of lands'' and inserting the
following:
``(A) transfer not more than 250,000 acres of land
(including any acres previously transferred under this
Act)'';
(3) by striking ``Tribe: Provided, That'' and all that
follows through ``as possible.'' and inserting ``Tribe; and'';
(4) in the first paragraph designated as paragraph (2)--
(A) by striking ``(2) on behalf'' and inserting the
following:
``(B) on behalf''; and
(B) by striking the second sentence;
(5) in the matter following paragraph (1)(B) (as
redesignated by paragraph (4))--
(A) in the first sentence--
(i) by striking ``Subject to'' and all that
follows through ``all rights'' and inserting
the following:
``(4) Requirements of transfer.--
``(A) In general.--Subject to this paragraph, all
rights''; and
(ii) by striking ``paragraph (1)'' and
inserting ``paragraph (1)(A)'';
(B) in the second sentence, by striking ``So long
as'' and inserting the following:
``(B) Coal lease applications.--
``(i) In general.--If'';
(C) in the third sentence, by striking ``If such
adjudication'' and inserting the following:
``(ii) Issuance of leases.--If an
adjudication under clause (i)'';
(D) in the fourth sentence, by striking ``The
leaseholders rights and interests'' and inserting the
following:
``(iii) Rights and interests of
leaseholders.--The rights and interests of a
holder of a lease described in clause (i)'';
and
(E) in the fifth sentence, by striking ``If any''
and inserting the following:
``(C) Claims under mining law.--If any'';
(6) by inserting after paragraph (1)(B) (as redesignated by
paragraph (4)) the following:
``(2) Exchange of land.--
``(A) In general.--In order to facilitate a
transfer of land under paragraph (1)(A), the Secretary
may exchange land described in paragraph (1)(A) for
State or private land of equal value.
``(B) Unequal value.--If the State or private land
described in subparagraph (A) is of unequal value to
the land described in paragraph (1)(A), the recipient
of the land that is of greater value shall pay to the
other party to the exchange under subparagraph (A)
compensation in an amount not to exceed the lesser of--
``(i) the difference between the values of
the land exchanged; or
``(ii) the amount that is 25 percent of the
total value of the land transferred from the
Secretary to the Navajo Tribe.
``(C) Responsibility of secretary.--The Secretary
shall make reasonable efforts to reduce any payment
under subparagraph (B) to the lowest practicable
amount.
``(3) Title to land accepted.--The Secretary shall accept
title to land under subparagraphs (A) and (B) of paragraph (1)
on behalf of the United States in trust for the benefit of the
Navajo Tribe as a part of the Navajo reservation.''; and
(7) in the second paragraph designated as paragraph (2)--
(A) in the first sentence--
(i) by striking ``(2) Those'' and inserting
the following:
``(5) State rights.--
``(A) In general.--The''; and
(ii) by striking ``subsection 2 of this
section'' and inserting ``paragraph (1)(B)'';
and
(B) in the second sentence, by striking ``The'' and
inserting the following:
``(B) State interests.--The''.
(b) Proximity of Land; Exchanges of Land.--Section 11(b) of the Act
of December 22, 1974 (25 U.S.C. 640d-10(b)), is amended by striking
``(b) A border'' and inserting the following:
``(b) Proximity of Land to Be Transferred or Acquired.--A border''.
(c) Selection of Land.--Section 11(c) of the Act of December 22,
1974 (25 U.S.C. 640d-10(c)), is amended--
(1) by striking ``(c) Lands'' and inserting the following:
``(c) Selection of Land to Be Transferred or Acquired.--Land''; and
(2) by striking the period at the end and inserting the
following: ``: Provided further, That the authority of the
Commissioner to select lands under this subsection shall
terminate on September 30, 2008.''.
(d) Reports.--Section 11(d) of the Act of December 22, 1974 (25
U.S.C. 640d-10(d)), is amended by striking ``(d) The'' and inserting
the following:
``(d) Reports.--The''.
(e) Payments.--Section 11(e) of the Act of December 22, 1974 (25
U.S.C. 640d-10(e)), is amended by striking ``(e) Payments'' and
inserting the following:
``(e) Payments.--Payments''.
(f) Acquisition of Title to Surface and Subsurface Interests.--
Section 11(f) of the Act of December 22, 1974 (25 U.S.C. 640d-10(f)),
is amended--
(1) by striking ``(f)(1) For'' and inserting the following:
``(f) Acquisition of Title to Surface and Subsurface Interests.--
``(1) In general.--For'';
(2) in paragraph (2), by striking ``(2) If'' and inserting
the following:
``(2) Public notice; report.--If''; and
(3) in paragraph (3), by striking ``(3) In any case where''
and inserting the following:
``(3) Rights of subsurface owners.--If''.
(g) Land Not Available for Transfer.--Section 11(g) of the Act of
December 22, 1974 (25 U.S.C. 640d-10(g)), is amended by striking ``(g)
No'' and inserting the following:
``(g) Land Not Available for Transfer.--No''.
(h) Administration of Land Transferred or Acquired.--Section 11(h)
of the Act of December 22, 1974 (25 U.S.C. 640d-10(h)), is amended--
(1) by striking ``(h) The lands'' and inserting the
following:
``(h) Administration of Land Transferred or Acquired.--
``(1) In general.--The land''; and
(2) by adding at the end the following:
``(2) Relocation.--
``(A) In general.--In order to facilitate
relocation of a member of a Tribe, the Commissioner may
grant a homesite lease on land acquired under this
section to a member of the extended family of a Navajo
Indian who is certified as eligible to receive benefits
under this Act.
``(B) Exception.--The Commissioner may not use any
funds available to the Commissioner to carry out this
Act to provide housing to an extended family member
described in subparagraph (A).''.
(i) Negotiations Regarding Land Exchanges and Leases.--Section
11(i) of the Act of December 22, 1974 (25 U.S.C. 640d-10(i)), is
amended--
(1) by striking ``(i) The'' and inserting the following:
``(i) Negotiations Regarding Land Exchanges and Leases.--The''; and
(2) by striking ``section 23'' and inserting ``section
19''.
SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.
Section 12 of the Act of December 22, 1974 (25 U.S.C. 640d-11), is
amended--
(1) by striking ``Sec. 12. (a) There is hereby'' and
inserting the following:
``SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.
``(a) Establishment.--There is'';
(2) in subsection (b), by striking ``(b) The'' and
inserting the following:
``(b) Appointment.--The'';
(3) in subsection (c)--
(A) by striking ``(c)(1)(A) Except'' and inserting
the following:
``(c) Continuation of Powers.--
``(1) Powers and duties of commissioner; existing funds.--
``(A) Powers and duties of commissioner.--Except'';
(B) in paragraph (1)(B), by striking ``(B) All''
and inserting the following:
``(B) Existing funds.--All''; and
(C) in paragraph (2), by striking ``(2) There are
hereby'' and inserting the following:
``(2) Transfer of powers.--There are'';
(4) in subsection (d)--
(A) by striking ``(d)(1) Subject'' and inserting
the following:
``(d) Powers of Commissioner.--
``(1) In general.--Subject'';
(B) by adjusting the margins of subparagraphs (A)
and (B) of paragraph (1) appropriately;
(C) in paragraph (2), by striking ``(2) The'' and
inserting the following:
``(2) Contracts.--The''; and
(D) in paragraph (3), by striking ``(3) There'' and
inserting the following:
``(3) Authorization of appropriations.--There'';
(5) in subsection (e)--
(A) by striking ``(e)(1)'' and inserting the
following:
``(e) Administration.--
``(1) Administrative, fiscal, and housekeeping services.--
'';
(B) in paragraph (1)--
(i) in the first sentence, by striking
``The'' and inserting the following:
``(A) In general.--The''; and
(ii) in the second sentence, by striking
``In any'' and inserting the following:
``(B) Assistance from departments and agencies.--In
any''; and
(C) in paragraph (2), by striking ``(2) On'' and
inserting the following:
``(2) Failure to provide assistance.--On'';
(6) by striking subsection (f) and inserting the following:
``(f) Termination.--
``(1) In general.--The Office of Navajo and Hopi Indian
Relocation shall terminate on September 30, 2008.
``(2) Transfer of office duties.--On the date of
termination of the Office, any duty of the Office that has not
been carried out, as determined in accordance with this Act,
shall be transferred to the Secretary in accordance with title
II of the Navajo-Hopi Land Settlement Amendments of 2005.'';
and
(7) by adding at the end the following:
``(g) Ease of Transition.--Beginning on the date of enactment of
the Navajo-Hopi Land Settlement Amendments of 2005, the Secretary may--
``(1) consult with the Commissioner regarding the transfer
of the responsibilities of the Office of Navajo and Hopi Indian
Relocation 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. 109. REPORT.
Section 13 of the Act of December 22, 1974 (25 U.S.C. 640d-12), is
amended--
(1) by striking ``Sec. 13. (a) By no'' and inserting the
following:
``SEC. 9. REPORT.
``(a) In General.--Not''; and
(2) in subsection (b)--
(A) by striking ``(b) The'' and inserting the
following:
``(b) Inclusions.--The''; and
(B) by striking ``contain, among other matters, the
following:'' and inserting ``include--''.
SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS.
Section 14 of the Act of December 22, 1974 (25 U.S.C. 640d-13), is
amended--
(1) by striking ``Sec. 14. (a)'' and inserting the
following:
``SEC. 10. RELOCATION OF HOUSEHOLDS AND MEMBERS.
``(a) Authorization.--'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``Consistent'' and
inserting the following:
``(1) In general.--Consistent'';
(ii) by striking ``section 8'' each place
it appears and inserting ``section 4'';
(iii) by inserting ``(as in effect on the
day before the date of enactment of the Navajo-
Hopi Land Settlement Amendments of 2005)''
after ``section 3 or 4''; and
(iv) by inserting ``, or, after September
30, 2008, the Attorney General,'' after ``the
Commissioner'';
(B) by striking the second sentence;
(C) in the third sentence, by striking ``No
further'' and inserting the following:
``(2) Settlements of navajo.--No further'';
(D) in the fourth sentence, by striking ``No
further'' and inserting the following:
``(3) Settlements of hopi.--No further''; and
(E) in the fifth sentence, by striking ``No
individual'' and inserting the following:
``(4) Grazing.--No individual'';
(3) in subsection (b)--
(A) by striking ``(b) In addition'' and inserting
the following:
``(b) Additional Payments to Heads of Households.--In addition'';
(B) by striking ``section 15'' and inserting
``section 11''; and
(C) by striking ``section 13'' and inserting
``section 9'';
(4) in subsection (c), by striking ``(c) No'' and inserting
the following:
``(c) Payments for Persons Moving After a Certain Date.--No''; and
(5) by adding at the end the following:
``(d) Prohibition.--No payment for benefits under this Act may be
made to any head of a household if, as of September 30, 2008, that head
of household has not been certified as eligible to receive the
payment.''.
SEC. 111. RELOCATION HOUSING.
Section 15 of the Act of December 22, 1974 (25 U.S.C. 640d-14), is
amended--
(1) by striking ``Sec. 15. (a)'' and inserting the
following:
``SEC. 11. RELOCATION HOUSING.
``(a) Purchase of Habitation and Improvements.--'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``The
Commission'' and inserting the following:
``(1) In general.--The Commission''; and
(B) in the second sentence--
(i) by striking ``The purchase'' and
inserting the following:
``(2) Purchase price.--The purchase''; and
(ii) by striking ``as determined under
clause (2) of subsection (b) of section 13'';
(3) in subsection (b)--
(A) by striking ``(b) In addition'' and inserting
the following:
``(b) Reimbursement for Moving Expenses and Payment for Replacement
Dwelling.--In addition'';
(B) by striking ``shall:'' and inserting ``shall--
''; and
(C) in paragraph (1), by inserting ``and'' after
the semicolon at the end;
(4) in subsection (c)--
(A) by striking ``(c) In implementing'' and
inserting the following:
``(c) Standards; Certain Payments.--
``(1) Standards.--In carrying out''; and
(B) in the second sentence--
(i) by striking ``No payment'' and
inserting the following:
``(2) Certain payments.--No payment''; and
(ii) by inserting ``(as in effect on the
day before the date of enactment of the Navajo-
Hopi Land Settlement Amendments of 2005)''
after ``section 8 or section 3 or 4'';
(5) in subsection (d)--
(A) by striking ``(d) The'' and inserting the
following:
``(d) Methods of Payment.--The'';
(B) by striking ``(1) Should'' and inserting the
following:
``(1) Home ownership opportunity projects.--Should'';
(C) by striking ``(2) Should'' and inserting the
following:
``(2) Purchased and constructed dwellings.--Should''; and
(D) by striking ``(3) Should'' and inserting the
following:
``(3) Failure to arrange relocation.--Should'';
(6) in subsection (e)--
(A) by striking ``(e) The'' and inserting the
following:
``(e) Disposal of Acquired Dwellings and Improvements.--The'';
(B) by striking ``section 8'' and inserting
``section 4''; and
(C) by inserting ``(as in effect on the day before
the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' after ``section 3 or
4'';
(7) in subsection (f), by striking ``(f) Notwithstanding''
and inserting the following:
``(f) Preferential Treatment.--Notwithstanding''; and
(8) by striking subsection (g) and inserting the following:
``(g) Benefits.--
``(1) In general.--Not later than September 30, 2008, the
Commissioner shall notify the Secretary and each Tribe of the
identity of any head of household member of the Tribe that, as
of that date--
``(A) is certified as eligible to receive benefits
under this Act;
``(B) does not reside on land that has been
partitioned to the Tribe; and
``(C) has not received a replacement home.
``(2) Transfer of funds.--Not later than September 30,
2008, and except as provided in paragraph (4), the Commissioner
shall--
``(A) transfer to the Secretary any funds not used
by the Commissioner to make payments under this Act to
eligible heads of households; and
``(B) provide a notice to each Tribe regarding the
amount of the funds transferred under subparagraph (B).
``(3) Disposition of transferred funds.--
``(A) In general.--The Secretary shall hold any
funds transferred under paragraph (2) for the heads of
households described in paragraph (1)(A) until the date
on which a request for the funds, or a portion of the
funds, is submitted to the Secretary by--
``(i) an eligible head of household; or
``(ii) the Tribe, acting with the consent
of such a head of household.
``(B) Payment amounts.--Of the funds held under
subparagraph (A), the Secretary shall make payments to
the Tribe or heads of households described in paragraph
(1)(A) in amounts that would have been made to the
heads of households under this Act before September 30,
2008--
``(i) on receipt of a request of a head of
household, to be used for a replacement home;
or
``(ii) on the date of death of the head of
household, if the head of household does not
make a request under clause (i), in accordance
with subparagraph (C).
``(C) Distribution of funds on death of head of
household.--If the Secretary holds funds under this
paragraph for a head of household described in
paragraph (1)(A) on the death of the head of household,
the Secretary shall--
``(i) identify and notify any heir of the
head of household, in accordance with
applicable law; and
``(ii) distribute the funds held by the
Secretary for the head of household to any
heir--
``(I) immediately, if the heir is
at least 18 years old; or
``(II) if the heir is younger than
18 years old on the date on which the
Secretary identified the heir, on the
date on which the heir attains the age
of 18.
``(D) Claims of competing heirs.--Any claim to a
distribution under subparagraph (C) that is disputed by
any competing heir of a head of household shall be
determined during the probate process in accordance
with applicable law.
``(4) Disputed eligibility claims.--
``(A) Transfer of funds.--Not later than September
30, 2008, the Commissioner shall transfer to the
Secretary an appropriate percentage, as determined by
the Commissioner, of the funds not used by the
Commissioner to make payments under this Act to
eligible heads of households.
``(B) Disposition of transferred funds.--
``(i) In general.--The Secretary shall hold
any funds transferred under subparagraph (A)
for any individual the status of whom under
this Act is the subject of a dispute with the
Commissioner.
``(ii) Distributions to heads of
households.--If an individual described in
clause (i) is identified by the Commissioner as
a head of household described in paragraph (1),
the Secretary shall distribute funds
transferred under subparagraph (A) to the
individual in accordance with paragraph (3).
``(h) Notification.--
``(1) In general.--To the extent not already provided, not
later than 180 days after the date of enactment of the Navajo-
Hopi Land Settlement Amendments of 2005, the Commissioner shall
notify each eligible head of household who has not entered into
a lease with the Hopi Tribe to reside on land partitioned to
the Hopi Tribe, in accordance with section 700.138 of title 25,
Code of Federal Regulations (or a successor regulation).
``(2) List.--On the date on which a notice period referred
to in section 700.139 of title 25, Code of Federal Regulations
(or a successor regulation), expires, the Commissioner shall
submit to the Secretary and the United States Attorney for the
District of Arizona a list containing the name and address of
each eligible head of household who--
``(A) continues to reside on land that has not been
partitioned to the Tribe of the head of household; and
``(B) has not entered into a lease to reside on
that land.
``(3) Construction of replacement homes.--Before July 1,
2008, but not later than 90 days after receiving a notice of
the imminent removal of a relocatee from land provided to the
Navajo Tribe or the Hopi Tribe under this Act, the Commissioner
shall--
``(A) make an eligibility determination with
respect to the relocatee in accordance with any
appropriate policy or procedure; and
``(B) on a determination under subparagraph (A)
that the relocatee is eligible for relocation--
``(i) begin construction of a replacement
home on any land acquired under section 6; or
``(ii) establish a fund for the benefit of
the relocatee, to be administered in accordance
with this section.
``(i) Appeals.--
``(1) In general.--The Commissioner shall establish an
expedited hearing procedure for any appeal relating to the
denial of eligibility for benefits under this Act (including
regulations promulgated pursuant to this Act) that is pending
on, or filed after, the date of enactment of Navajo-Hopi Land
Settlement Amendments of 2005.
``(2) Final determinations.--The hearing procedure
established under paragraph (1) shall--
``(A) provide for a hearing before an impartial
third party, as the Commissioner determines necessary:
and
``(B) ensure that a final determination is made by
the Office of Navajo and Hopi Indian Relocation for
each appeal described in paragraph (1) by not later
than January 1, 2008.
``(j) Procurement of Services.--
``(1) In general.--Notwithstanding any other provision of
this Act, to ensure the full and fair evaluation of an appeal
hearing before an impartial third party referred to in
subsection (i)(2)(A), the Commissioner may enter into such
contracts or agreements to procure such services, and employ
such personnel (including attorneys), as the Commissioner
determines to be necessary.
``(2) Detail of administrative law judges or hearing
officers.--The Commissioner may request the Secretary to act
through the Director of the Office of Hearings and Appeals to
make available to the Office of Navajo and Hopi Indian
Relocation an administrative law judge or other hearing officer
with appropriate qualifications, as determined by the
Commissioner.
``(k) Appeal to United States Circuit Court of Appeals.--
``(1) In general.--Subject to paragraph (3), any individual
who, under the procedures established by the Commissioner
pursuant to this section, is determined not to be eligible to
receive benefits under this Act may appeal that determination
to the United States Circuit Court of Appeals for the Ninth
Circuit (referred to in this subsection as the `Circuit
Court').
``(2) Review.--
``(A) In general.--The Circuit Court shall, with
respect to each appeal described in paragraph (1)--
``(i) review the entire record (as
certified to the Circuit Court under paragraph
(3)) on which a determination of the
ineligibility of the appellant to receive
benefits under this Act was based; and
``(ii) on the basis of that review, affirm
or reverse that determination.
``(B) Standard of review.--The Circuit Court shall
affirm any determination that the Circuit Court
determines to be supported by substantial evidence.
``(3) Notice of appeal.--
``(A) In general.--To the extent not already
provided by this Act or other applicable Federal law,
not later than 30 days after a determination of
ineligibility under paragraph (1), an affected
individual shall file a notice of appeal with--
``(i) the Circuit Court; and
``(ii) the Commissioner.
``(B) Certification of record.--On receipt of a
notice under subparagraph (A)(ii), the Commissioner
shall submit to the Circuit Court the certified record
on which the determination that is the subject of the
appeal was made.
``(C) Review period.--Not later than 60 days after
receiving a certified record under subparagraph (B),
the Circuit Court shall conduct a review and file a
decision regarding an appeal in accordance with
paragraph (2).
``(D) Binding decision.--A decision made by the
Circuit Court under this subsection shall be final and
binding on all parties.''.
SEC. 112. PAYMENT FOR USE OF LAND.
Section 16 of the Act of December 22, 1974 (25 U.S.C. 640d-15), is
amended--
(1) by striking ``Sec. 16. (a) The Navajo'' and inserting
the following:
``SEC. 12. PAYMENT FOR USE OF LAND.
``(a) In General.--The Navajo'';
(2) in subsection (a), by inserting ``(as in effect on the
day before the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' before ``sections 8 and 3 or
4''; and
(3) in subsection (b)--
(A) by striking ``(b) The'' and inserting the
following:
``(b) Payment.--The''; and
(B) by inserting ``(as in effect on the day before
the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' after ``sections 8 and
3 or 4''.
SEC. 113. EFFECT OF ACT.
Section 17 of the Act of December 22, 1974 (25 U.S.C. 640d-16), is
amended--
(1) by striking ``Sec. 17. (a)'' and inserting the
following:
``SEC. 13. EFFECT OF ACT.
``(a) Title, Possession, and Enjoyment.--'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``Nothing''
and inserting the following:
``(1) In general.--Nothing''; and
(B) in the second sentence, by striking ``Such''
and inserting the following:
``(2) Residence on other reservations.--Any''; and
(3) in subsection (b), by striking ``(b) Nothing'' and
inserting the following:
``(b) Federal Employees.--Nothing''.
SEC. 114. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS FOR
DAMAGES TO LAND.
Section 18 of the Act of December 22, 1974 (25 U.S.C. 640d-17), is
amended--
(1) by striking ``Sec. 18. (a) Either'' and inserting the
following:
``SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND CLAIMS
FOR DAMAGES TO LAND.
``(a) Actions by Tribes.--Either'';
(2) in subsection (a), by inserting ``(as in effect on the
day before the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' after ``section 3 or 4'';
(3) in subsection (b)--
(A) by striking ``(b) Neither'' and inserting the
following:
``(b) Defenses.--Neither''; and
(B) by inserting ``(as in effect on the day before
the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' after ``section 3 or
4'';
(4) in subsection (c)--
(A) by striking ``(c) Either'' and inserting the
following:
``(c) Further Original, Ancillary, or Supplementary Acts to Ensure
Quiet Enjoyment.--
``(1) In general.--Either''; and
(B) in the second sentence, by striking ``Such
actions'' and inserting the following:
``(2) Action through chairman.--An action under paragraph
(1)'';
(5) in subsection (d)--
(A) by striking ``(d) Except'' and inserting the
following:
``(d) United States as Party; Judgments Against the United
States.--
``(1) In general.--Except''; and
(B) in the second sentence, by striking ``Any
judgment or judgments'' and inserting the following:
``(2) Effect of judgments.--Any judgment''; and
(6) in subsection (e), by striking ``(e) All'' and
inserting the following:
``(e) Remedies.--All''.
SEC. 115. JOINT USE.
Section 19 of the Act of December 22, 1974 (25 U.S.C. 640d-18), is
amended--
(1) by striking ``Sec. 19. (a) Notwithstanding'' and
inserting the following:
``SEC. 15. JOINT USE.
``(a) Reduction of Livestock.--
``(1) In general.--Notwithstanding'';
(2) in subsection (a)(1) (as designated by paragraph (1))--
(A) by inserting ``(as in effect on the day before
the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' after ``section 3 or
4''; and
(B) in the second sentence, by striking ``The
Secretary is directed to'' and inserting the following:
``(2) Conservation practices and methods.--The Secretary
shall'';
(3) in subsection (b)--
(A) by striking ``(b) The'' and inserting the
following:
``(b) Survey Location of Monuments and Fencing of Boundaries.--
The''; and
(B) by inserting ``(as in effect on the day before
the date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)'' after ``sections 8 and
3 or 4'' each place it appears; and
(4) in subsection (c)--
(A) by striking ``(c)(1) Surveying'' and inserting
the following:
``(c) Surveying, Monumenting, and Fencing; Livestock Reduction
Program.--
``(1) Surveying, monumenting, and fencing.--Surveying'';
(B) in paragraph (1)--
(i) by striking ``of this Act'' and
inserting ``(as in effect on the day before the
date of enactment of the Navajo-Hopi Land
Settlement Amendments of 2005)''; and
(ii) by striking ``section 8'' and
inserting ``section 4''; and
(C) in paragraph (2), by striking ``(2) The'' and
inserting the following:
``(2) Livestock reduction program.--The''.
SEC. 116. RELIGIOUS CEREMONIES; PIPING OF WATER.
Section 20 of the Act of December 22, 1974 (25 U.S.C. 640d-19), is
amended by striking ``Sec. 20. The members'' and inserting the
following:
``SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER.
``The members''.
SEC. 117. ACCESS TO RELIGIOUS SHRINES.
Section 21 of the Act of December 22, 1974 (25 U.S.C. 640d-20), is
amended by striking ``Sec. 21. Notwithstanding'' and inserting the
following:
``SEC. 17. ACCESS TO RELIGIOUS SHRINES.
``Notwithstanding''.
SEC. 118. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF
INCOME.
Section 22 of the Act of December 22, 1974 (25 U.S.C. 640d-21), is
amended--
(1) by striking ``Sec. 22. The availability'' and inserting
the following:
``SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF
INCOME.
``(a) In General.--The availability''; and
(2) by striking ``None of the funds'' and inserting the
following:
``(b) Federal and State Income Taxes.--None of the funds''.
SEC. 119. AUTHORIZATION OF EXCHANGE.
Section 23 of the Act of December 22, 1974 (25 U.S.C. 649d-22), is
amended--
(1) by striking ``Sec. 23. The Navajo'' and inserting the
following:
``SEC. 19. AUTHORIZATION OF EXCHANGE.
``(a) In General.--The Navajo''; and
(2) in the second sentence--
(A) by striking ``In the event that the Tribes
should'' and inserting the following:
``(b) Negotiated Exchanges.--If the Tribes''; and
(B) by striking ``sections 14 and 15'' and
inserting ``sections 10 and 11''.
SEC. 120. SEVERABILITY.
Section 24 of the Act of December 22, 1974 (25 U.S.C. 640d-23), is
amended by striking ``Sec. 24. If'' and inserting the following:
``SEC. 20. SEVERABILITY.
``If''.
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-24),
is--
(1) moved so as to appear at the end of the Act; and
(2) amended to read as follows:
``SEC. 26. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out section 11
such sums as are necessary for each of fiscal years 2006 through
2008.''.
SEC. 122. DISCRETIONARY FUND.
Section 27 of the Act of December 22, 1974 (25 U.S.C. 640d-25), is
amended by striking ``Sec. 27.'' and all that follows through ``(c) The
Secretary'' and inserting the following:
``SEC. 21. DISCRETIONARY FUND.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to a discretionary fund of the Commissioner to carry out
this Act--
``(1) $6,000,000 for the period of fiscal years 2006
through 2008; and
``(2) such sums as are necessary for each subsequent fiscal
year.
``(b) Hopi High School and Medical Center.--The Secretary''.
SEC. 123. ATTORNEY FEES AND COURT COSTS.
Section 29 of the Act of December 22, 1974 (25 U.S.C. 640d-27), is
amended--
(1) by striking ``Sec. 29. (a)'' and inserting the
following:
``SEC. 22. ATTORNEY FEES AND COURT COSTS.
``(a) In General.--'';
(2) in subsection (a)--
(A) by striking ``In any'' and inserting the
following:
``(1) In general.--In any''; and
(B) by striking ``For each'' and inserting the
following:
``(2) Authorization of appropriations.--For each'';
(3) in subsection (b)--
(A) by striking ``(b) Upon'' and inserting the
following:
``(b) Award by Court.--
``(1) In general.--On''; and
(B) in the second sentence, by striking ``Any
party'' and inserting the following:
``(2) Reimbursement of united states.--Any party'';
(4) in subsection (c), by striking ``(c) To'' and inserting
the following:
``(c) Excess Difference.--To''; and
(5) in subsection (d)--
(A) by striking ``(d) This'' and inserting the
following:
``(d) Application of Section.--This''; and
(B) by striking ``section 8 or 18(a) of this Act''
and inserting ``section 4 or section 14(a)''.
SEC. 124. LOBBYING.
Section 31 of the Act of December 22, 1974 (25 U.S.C. 640d-29), is
amended--
(1) by striking ``Sec. 31. (a) Except'' and inserting the
following:
``SEC. 23. LOBBYING.
``(a) In General.--Except''; and
(2) in subsection (b), by striking ``(b) Subsection'' and
inserting the following:
``(b) Applicability.--Subsection''.
SEC. 125. NAVAJO REHABILITATION TRUST FUND.
The first section designated as section 32 of the Act of December
22, 1974 (25 U.S.C. 640d-30), is amended--
(1) by striking ``Sec. 32. (a) There'' and inserting the
following:
``SEC. 24. NAVAJO REHABILITATION TRUST FUND.
``(a) Establishment.--There'';
(2) in subsection (b), by striking ``(b) All'' and
inserting the following:
``(b) Deposit of Income Into Fund.--All'';
(3) in subsection (c), by striking ``(c) The'' and
inserting the following:
``(c) Investment of Funds.--The'';
(4) in subsection (d)--
(A) by striking ``(d) Funds'' and inserting the
following:
``(d) Availability of Funds.--Funds'';
(B) in paragraph (1), by striking ``proceedings,''
and inserting ``proceedings;''; and
(C) in paragraph (2), by striking ``Act, or'' and
inserting ``Act; or'';
(5) in subsection (e)--
(A) by striking ``(e) By December 1'' and inserting
the following:
``(e) Expenditure of Funds.--
``(1) In general.--Not later than December 1''; and
(B) in the second sentence, by striking ``Such
framework is to be'' and inserting the following:
``(2) Requirement.--The framework under paragraph (1) shall
be'';
(6) in subsection (f)--
(A) by striking ``(f) The'' and inserting the
following:
``(f) Termination.--
``(1) In general.--The''; and
(B) in the second sentence, by striking ``All
funds'' and inserting the following:
``(2) Transfer of remaining funds.--All funds''; and
(7) by striking subsection (g).
SEC. 126. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.
The second section designated as section 32 of the Act of December
22, 1974 (25 U.S.C. 640-31), is amended by striking ``Sec. 32.
Nothing'' and inserting the following:
``SEC. 25. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.''.
``Nothing''.
TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS
SEC. 201. DEFINITIONS.
In this title:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551(1) of title 5,
United States Code.
(2) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program carried out under Federal law in
accordance with the purposes of the Office.
(3) Office.--The term ``Office'' means the Office of Navajo
and Hopi Relocation (including any component of that office).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 202. TRANSFER OF FUNCTIONS.
(a) In General.--Effective beginning on September 30, 2008, there
is transferred to the Secretary any function of the Office that has not
been carried out by the Office in accordance with the Act of December
22, 1974 (25 U.S.C. 640 et seq.) (as amended by title I).
(b) Memorandum of Agreement.--Not later than September 29, 2008,
the Secretary, in consultation with the Director of the Office of
Management and Budget, may enter into a memorandum of agreement with
the Office, as the Secretary determines to be appropriate to facilitate
the transfer under subsection (a).
SEC. 203. PERSONNEL PROVISIONS.
(a) Appointments.--The Secretary may appoint and fix the
compensation of such officers and employees as the Secretary determines
to be necessary to carry out any function transferred under this title.
(b) Requirements.--Except as otherwise provided by law--
(1) any officer or employee described in subsection (a)
shall be appointed in accordance with the civil service laws;
and
(2) the compensation of such an officer or employee shall
be fixed in accordance with title 5, United States Code.
SEC. 204. DELEGATION AND ASSIGNMENT.
(a) In General.--Except where otherwise expressly prohibited by law
or otherwise provided by this title, the Secretary may delegate any of
the functions transferred to the Secretary by this title and any
function transferred or granted to the Secretary after the effective
date of this title to such officers and employees of the Department of
the Interior as the Secretary may designate, and may authorize
successive redelegations of such functions as may be necessary or
appropriate.
(b) Delegation.--No delegation of functions by the Secretary under
this section or under any other provision of this title shall relieve
the Secretary of responsibility for the administration of the
functions.
SEC. 205. REORGANIZATION.
The Secretary is authorized to allocate or reallocate any function
transferred under section 202 among the officers of the Department of
the Interior, and to establish, consolidate, alter, or discontinue such
organizational entities in the Department of the Interior as the
Secretary determines to be necessary or appropriate.
SEC. 206. RULES.
The Secretary is authorized to prescribe, in accordance with the
provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Secretary determines to be necessary or
appropriate to administer and manage the functions of the Department of
the Interior.
SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--Except as otherwise provided in this title, the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made available in
connection with the functions transferred by this title, subject to
section 1531 of title 31, United States Code, shall be transferred to
the Department of the Interior in accordance with section 3503 of title
5, United States Code.
(b) Unexpended Funds.--Unexpended funds transferred pursuant to
this section shall be used only for the purposes for which the funds
were originally authorized and appropriated.
SEC. 208. INCIDENTAL TRANSFERS.
The Secretary is authorized to make such determinations as may be
necessary to accept the functions transferred by this title, and to
make such additional incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with such functions, as may be necessary to carry out the
provisions of this title.
SEC. 209. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this title, the
transfer pursuant to this title of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for 1 year after the date of transfer of the
employee under this title.
(b) Executive Schedule Positions.--Except as otherwise provided in
this title, any person who, on the day preceding the effective date of
this title, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed in the
Department of the Interior to a position having duties comparable to
the duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less than the
rate provided for such previous position, for the duration of the
service of such person in such new position.
(c) Termination of Certain Positions.--Positions whose incumbents
are appointed by the President, by and with the advice and consent of
the Senate, the functions of which are transferred by this title, shall
terminate on the effective date of this title.
SEC. 210. SEPARABILITY.
If a provision of this title or the application of this title to
any person or circumstance is held invalid, neither the remainder of
this title nor the application of the provision to other persons or
circumstances shall be affected.
SEC. 211. TRANSITION.
The Secretary is authorized to use--
(1) the services of such officers, employees, and other
personnel of the Office with respect to functions transferred
to the Department of the Interior by this title; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
SEC. 212. REPORTS.
(a) Fiscal Years 2007 and 2008.--For each of fiscal years 2007 and
2008, the Commissioner of the Office, in consultation with the Navajo
and Hopi Indian tribes, shall submit to Congress a report describing--
(1) the status of the Office;
(2) any progress made during the preceding year in
transferring functions, appropriations, and personnel under
this title;
(3) any progress made toward, or obstacle relating to,
completing the relocation process under the Act of December 22,
1974 (25 U.S.C. 640d et seq.) (as amended by title I);
(4) the status of the grazing management program on the
area commonly known as the ``New Lands'' of the Navajo Tribe;
and
(5) the needs of the Navajo and Hopi Indian tribes to
address the affect of relocation activity, if any, including a
financial estimate relating to the needs.
(b) Subsequent Fiscal Years.--Not later than 1 year after the
effective date of this title, and annually thereafter, the Secretary,
in consultation with the Navajo and Hopi Indian tribes, shall submit to
Congress a report described in subsection (a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2007 through 2009.
SEC. 213. REFERENCES.
Any reference in a Federal law, Executive order, rule, regulation,
delegation of authority, or document relating to--
(1) the Commissioner of the Office, with respect to
functions transferred under this title, shall be deemed to be a
reference to the Secretary; and
(2) the Office, with respect to functions transferred under
this title, shall be deemed to be a reference to the Department
of the Interior.
SEC. 214. ADDITIONAL CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking
the item relating to the Commissioner of the Office.
SEC. 215. EFFECT OF TITLE.
(a) Continuing Effect of Legal Documents.--Any legal document
relating to a function transferred by this title that is in effect on
the effective date of this title shall continue in effect in accordance
with the terms of the document until the document is modified or
terminated by--
(1) the President;
(2) the Secretary;
(3) a court of competent jurisdiction; or
(4) operation of Federal or State law.
(b) Proceedings Not Affected.--This title shall not affect any
proceeding (including a notice of proposed rulemaking, an
administrative proceeding, and an application for a license, permit,
certificate, or financial assistance) relating to a function
transferred under this title that is pending before the Office of
Navajo and Hopi Relocation on the effective date of this title.
SEC. 216. EFFECTIVE DATE.
This title takes effect beginning September 30, 2008.
TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION
SEC. 301. SEPARATION PAY.
The Office of Navajo and Hopi Relocation (referred to in this title
as the ``Office'') may request funding for, and offer to any employee
of the Office, voluntary separation incentive payments in accordance
with subchapter II of chapter 35 of title 5, United States Code.
SEC. 302. FEDERAL RETIREMENT.
The Office may request funding for, and offer to any employee of
the Office, voluntary early retirement in accordance with sections
8336(d)(2) and 8414(b)(1) of title 5, United States Code.
Passed the Senate May 2, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary.