§ 640d-11. — Office of Navajo and Hopi Indian Relocation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC640d-11]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 640d-11. Office of Navajo and Hopi Indian Relocation
(a) Establishment; Commissioner
There is hereby established as an independent entity in the
executive branch the Office of Navajo and Hopi Indian Relocation which
shall be under the direction of the Commissioner on Navajo and Hopi
Relocation (hereinafter in this subchapter referred to as the
``Commissioner'').
(b) Appointment; term of office; compensation
(1) The Commissioner shall be appointed by the President by and with
the advice and consent of the Senate.
(2) The term of office of the Commissioner shall be 2 years. An
individual may be appointed Commissioner for more than one term. The
Commissioner serving at the end of a term shall continue to serve until
his or her successor has been confirmed in accordance with paragraph (1)
of this subsection.
(3) The Commissioner shall be a full-time employee of the United
States, and shall be compensated at the rate of basic pay payable for
level IV of the Executive Schedule.
(c) Transfer of powers, duties, and funds to Commissioner
(1)(A) Except as otherwise provided by the Navajo and Hopi Indian
Relocation Amendments of 1988, the Commissioner shall have all the
powers and be responsible for all the duties that the Navajo and Hopi
Indian Relocation Commission had before November 16, 1988.
(B) All funds appropriated to the Navajo and Hopi Indian Relocation
Commission before the date on which the first Commissioner on Navajo and
Hopi Indian Relocation is confirmed by the Senate that have not been
expended on such date shall become available to the Office of Navajo and
Hopi Indian Relocation on such date and shall remain available without
fiscal year limitation.
(2) There are hereby transferred to the Commissioner, on January 31,
1989--
(A) all powers and duties of the Bureau of Indian Affairs
derived from Public Law 99-190 (99 Stat. at 1236) that relate to the
relocation of members of the Navajo Tribe from lands partitioned to
the Hopi Tribe, and
(B) all funds appropriated for activities relating to such
relocation pursuant to Public Law 99-190 (99 Stat. at 1236):
Provided, That such funds shall be used by the Commissioner for the
purpose for which such funds were appropriated to the Bureau of
Indian Affairs. (B) \1\ : Provided further, That for administrative
purposes such funds shall be maintained in a separate account.
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\1\ So in original. The period followed by the designation ``(B)''
probably should not appear.
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(d) Powers of Commissioner
(1) Subject to such rules and regulations as may be adopted by the
Office of Navajo and Hopi Indian Relocation, the Commissioner shall have
the power to--
(A) appoint and fix the compensation of such staff and personnel
as the Commissioner deems necessary in accordance with the
provisions of title 5 governing appointments in the competitive
service, but at rates not in excess of a position classified above a
GS-15 of the General Schedule under section 5108 of such title; and
(B) procure temporary and intermittent services to the same
extent as is authorized by section 3109 of title 5, but at rates not
to exceed $200 a day for individuals.
(2) The authority of the Commissioner to enter into contracts for
the provision of legal services for the Commissioner or for the Office
of Navajo and Hopi Indian Relocation shall be subject to the
availability of funds provided for such purpose by appropriations Acts.
(3) There are authorized to be appropriated for each fiscal year
$100,000 to fund contracts described in paragraph (2).
(e) Administrative, fiscal, and housekeeping services; implementation of
relocation plan; reasonable assistance by Federal departments or
agencies; report to Congress
(1) The Commissioner is authorized to provide for the
administrative, fiscal, and housekeeping services of the Office of
Navajo and Hopi Indian Relocation and is authorized to call upon any
department or agency of the United States to assist him in implementing
the relocation plan, except that the control over and responsibility for
completing relocation shall remain in the Commissioner. In any case in
which the Office calls upon any such department or agency for assistance
under this section, such department or agency shall provide reasonable
assistance so requested.
(2) On failure of any agency to provide reasonable assistance as
required under paragraph (1) of this subsection, the Commissioner shall
report such failure to the Congress.
(f) Termination
The Office of Navajo and Hopi Indian Relocation shall cease to exist
when the President determines that its functions have been fully
discharged.
(Pub. L. 93-531, Sec. 12, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-305,
Sec. 5, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, Sec. 4(a), Nov. 16,
1988, 102 Stat. 3929; Pub. L. 100-696, title IV, Sec. 406, Nov. 18,
1988, 102 Stat. 4592; Pub. L. 102-180, Sec. 3(a)-(c), Dec. 2, 1991, 105
Stat. 1230.)
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b)(3),
is set out in section 5315 of Title 5, Government Organization and
Employees.
The Navajo and Hopi Indian Relocation Amendments of 1988, referred
to in subsec. (c)(1)(A), is Pub. L. 100-666, Nov. 16, 1988, 102 Stat.
3929, which enacted sections 640d-29 and 640d-30 of this title, amended
sections 640d-7, 640d-9 to 640d-14, 640d-22, 640d-24, 640d-25, and 640d-
28 of this title, and enacted provisions set out as a note under
sections 640d and 640d-11 of this title. For complete classification of
this Act to the Code, see Short Title of 1988 Amendment note set out
under section 640d of this title and Tables.
Public Law 99-190, referred to in subsec. (c)(2), is Pub. L. 99-190,
Dec. 19, 1985, 99 Stat. 1185. The provisions of Pub. L. 99-190 (99 Stat.
1236) relating to the relocation of members of the Navajo Tribe are not
classified to the Code. For complete classification of Pub. L. 99-190 to
the Code, see Tables.
The provisions of title 5 governing appointments in the competitive
service, referred to in the subsec. (d)(1)(A), are classified generally
to section 3301 et seq. of Title 5, Government Organization and
Employees.
Amendments
1991--Subsec. (b)(2). Pub. L. 102-180, Sec. 3(a), inserted at end
``The Commissioner serving at the end of a term shall continue to serve
until his or her successor has been confirmed in accordance with
paragraph (1) of this subsection.''
Subsec. (b)(3). Pub. L. 102-180, Sec. 3(b), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``The
Commissioner shall be a full time employee of the United States and
shall be paid at the rate of GS-18 of the General Schedule under section
5332 of title 5.''
Subsec. (d)(1). Pub. L. 102-180, Sec. 3(c), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``The
Commissioner shall have the power to--
``(A) appoint and fix the compensation of such staff and
personnel as he deems necessary, without regard to the provisions of
title 5 governing appointments in the competitive service, and
without regard to chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay
rates, but at rates not in excess of the maximum rate for GS-18 of
the General Schedule under section 5332 of such title; and
``(B) procure temporary and intermittent services to the same
extent as is authorized by section 3109 of title 5, but at rates not
to exceed $200 a day for individuals.''
1988--Pub. L. 100-666 amended section generally, substituting
subsecs. (a) to (f) relating to the Office of Navajo and Hopi Indian
Relocation, for former subsecs. (a) to (j) which related to the Navajo
and Hopi Relocation Commission.
1980--Subsec. (g)(1). Pub. L. 96-305, Sec. 5(1), inserted ``an
independent legal counsel,'' after ``an Executive Director,''.
Subsec. (h). Pub. L. 96-305, Sec. 5(2), substituted provision
authorizing Commission to provide for its own administrative, fiscal,
and housekeeping services for provision authorizing Department of the
Interior, on a nonreimbursable basis, to furnish necessary
administrative and housekeeping services for Commission.
Subsecs. (i), (j). Pub. L. 96-305, Sec. 5(3), added subsec. (i) and
redesignated former subsec. (i) as (j).
Separation or Reduction in Grade or Compensation of Employee
Section 3(d) of Pub. L. 102-180 provided that: ``The amendments made
by this section [amending this section and section 5315 of Title 5,
Government Organization and Employees] shall not cause any employee of
the Office of Navajo and Hopi Indian Relocation to be separated or
reduced in grade or compensation for 12 months after the date of
enactment of this Act [Dec. 2, 1991].''
Positions in Senior Executive Service
Section 3(e) of Pub. L. 102-180 provided that: ``The position of
Executive Director of the Office of Navajo and Hopi Indian Relocation
and Deputy Executive Director of such Office shall on and after the date
of the enactment of this Act [Dec. 2, 1991], be in the Senior Executive
Service.''
Employees of Office as Government Employees
Section 3(f) of Pub. L. 102-180 provided that: ``Any employee of the
Office of Navajo and Hopi Indian Relocation on the date of the enactment
of this Act [Dec. 2, 1991], shall be considered an employee as defined
in section 2105 of title 5, United States Code.''
Continuation of Relocation Commission and Retention of Existing
Commissioners Pending Confirmation of Commissioner; Transfer of Existing
Personnel; Change of Name
Section 4(c) of Pub. L. 100-666 provided that:
``(1) Notwithstanding any other provisions of law or any amendment
made by this Act [see Short Title of 1988 Amendment note under section
640d of this title]--
``(A) the Navajo and Hopi Indian Relocation Commission shall--
``(i) continue to exist until the date on which the first
Commissioner is confirmed by the Senate,
``(ii) have the same structure, powers and responsibilities
such Commission had before the enactment of this Act [Nov. 16,
1988], and
``(iii) assume responsibility for the powers and duties
transferred to such Commissioner under section 12(c)(2) of
Public Law 93-531 [25 U.S.C. 640d-11(c)(2)], as amended by this
Act, until the Commissioner is confirmed,
``(B) the existing Commissioners shall serve until the new
Commissioner is confirmed by the Senate, and
``(C) the existing personnel of the Commission shall be
transferred to the new Office of Navajo and Hopi Indian Relocation.
``(2) The Navajo and Hopi Relocation Commission shall become known
as the Office of Navajo and Hopi Indian Relocation on the date on which
the first Commissioner is confirmed by the Senate.''
