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U.S. Code as of:
01/19/04
Section 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.
(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.
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