96th Congress > House > Vote 1005
Description: TO AGREE TO THE CONFERENCE REPORT ON S. 751, RELATING TO THE RELOCATION OF THE NAVAJO AND HOPI INDIANS. (MOTION PASSED)
Bill summary: (Conference report filed in House, H. Rept. 96-1094)
Navajo and Hopi Indian Relocation Amendments Act of 1980 - Repeals the authority of the President to establish an interagency committee to assist the Mediator of the Federal Mediation and Conciliation Service in settlement of land disputes between the Navajo and Hopi Indian tribes. Authorizes either tribe, through its tribal council chairman, to proceed with litigation as part of, or supplementary to, the duties of the Mediator pursuant to
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relocation of members of either tribe.
Directs the Secretary of the Interior to: (1) protect the rights of persons subject to relocation as a result of partition; and (2) assure that such individuals are not deprived of any benefits or services.
Requires that lands partitioned to a tribe be subject to the laws and jurisdiction of that tribe. Permits development of specified lands involved in litigation only upon the written consent of each tribe.
Authorizes and directs the Secretary, for the purposes of relocation, to transfer not more than 250,000 acres of land under the jurisdiction of the Bureau of Land Management to the Navajo Tribe and to accept title to not more than 150,000 acres of land purchased by such tribe. Directs that all such lands be within 18 miles of the present boundary of the Navajo reservation, and be selected by the Navajo tribe for the first three years after enactment of this Act.
Provides a schedule for the Navajo-Hopi Relocation Commission to report to the appropriate congressional committees on the progress of the land transfer program.
Directs that payments being made to any State or local government on lands transferred under this Act shall continue to be made as if such transfer had not occurred.
Prohibits the Secretary from accepting title to any lands acquired by the Navajo tribe unless fee title to both surface and subsurface has been acquired or the owner of the subsurface consents to acceptance of surface interest in trust by the Secretary. Directs the Commission to report to the appropriate congressional committees prior to the expiration of the three-year period if such entitlement is not completed.
Specifies that land transferred or acquired under this Act shall be used exclusively for Navajo families awaiting relocation on Hopi-partitioned lands.
Authorizes the Commission to: (1) hire an independent legal counsel; (2) provide its own administrative, fiscal, and housekeeping services; and (3) attain assistance from other government agencies in implementing its relocation plan.
Amends existing provisions of law relative to any report by the Commission pursuant to a District Court order on Navajo-Hopi relocation, to direct that such relocation shall take effect 90 days (presently 30 days) after the submission of such report to the Congress.
Authorizes the Commission to provide preferential relocation assistance and housing to the heads of Navajo households who were evicted from the Hopi Indian reservation under a specified court decision.
Sets forth the time periods during which surveying, monumenting, fencing and livestock reduction shall be completed for lands partitioned under this Act.
Directs the Commission, if the tribes negotiate and agree on an exchange of reservation lands, to provide 125 percent of housing and lands rental benefits to members of either tribe living on land to be exchanged to the other tribe. Conditions such additional benefits on the majority of adult tribe members eligible to relocate from exchanged lands signing a contract to relocate within a specified period. Grants such benefits only to those who relocate within such time.
Authorizes appropriations: (1) for the expenses of the Commission for fiscal year 1980; and (2) for the relocation efforts of the Commission.
Directs the Secretary and the Secretary of Health and Human Services to assign highest priority to the funding and construction of the Hopi high school and a Hopi medical center.
Declares that no action taken pursuant to the provisions concerning the settlement of rights and interests of the tribes shall be deemed a major action for purposes of the National Environmental Policy Act of 1969. Requires any transfer of public lands pursuant to such provisions to be made notwithstanding any provision of the Federal Land Policy and Management Act.
Directs the Secretary to pay reasonable attorney's costs in litigations among or between such tribes and the United States. Requires the court to award such costs to the prevailing party if it finds that the opposing party unreasonably initiated or contested such litigation.
Authorizes the Commission to grant up to 120 life estates of 90 acres each to eligible applicants to avoid relocation of such applicants. Requires the Commission to give priority for such estates to the disabled and the oldest applicants. Sets forth the criteria for eligibility of an applicant.
Directs the Commission to promulgate regulations prohibiting persons other than applicants, spouses, and dependents from residing on the land covered by such life estates. Requires the Secretary to make available to such applicants assistance in feeding and maintaining livestock.
Permits an applicant to relinquish such estate at any time and voluntarily relocate. Provides for compensation to the estate of the deceased upon termination of the life estate by the death of the life tenant or surviving spouse. Requires any dependents residing on such estate upon its termination to relocate within 90 days.
Authorizes and directs the Secretary to consider and pay claims by the Navajo and Hopi Tribes for compensation for the rental value or other expenses incurred by such tribe as a result of the establishment of a life estate on land of such tribe.
Allows tenants on life estates to make reasonable improvements on such estates relative to the residence and agricultural purposes of such tenancy.
Authorizes the Commission to grant not more than ten life estate leases to Hopi heads of households residing on Navajo lands.
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Bill titles: A bill relating to the relocation of the Navajo Indians and the Hopi Indians, and for other purposes.
Original source documents: Digest of the Congressional Record vol. 106, p. 5663;
Links for more info on the vote: congress.gov
