§ 640d–12 TITLE 25—INDIANS Page 254

1So in original. Probably should be ‘‘as’’.

cation 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.’’

§ 640d–12. Report concerning relocation of households and members of each tribe

(a) By no later than the date that is 6 months

after the date on which the first Commissioner

is confirmed by the Senate, the Commissioner

shall prepare and submit to the Congress a report concerning the relocation of households

and members thereof of each tribe and their personal property, including livestock, from lands

partitioned to the other tribe pursuant to this

subchapter.

(b) The report required under subsection (a) of

this section shall contain, among other matters,

the following:

(1) the names of all members of the Navajo

Tribe who reside within the areas partitioned

to the Hopi Tribe and the names of all members of the Hopi Tribe who reside within the

areas partitioned to the Navajo Tribe;

(2) the names of all other members of the

Navajo Tribe, and other members of the Hopi

Tribe, who are eligible for benefits provided

under this subchapter and who have not received all the benefits for which such members

are eligible under this subchapter; and

(3) the fair market value of the habitations

and improvements owned by the heads of

households identified by the Commissioner is 1

being among the persons named in clause (1) of

this subsection.

(Pub. L. 93–531, §13, Dec. 22, 1974, 88 Stat. 1717;

Pub. L. 96–305, §6, July 8, 1980, 94 Stat. 932; Pub.

L. 100–666, §4(d), Nov. 16, 1988, 102 Stat. 3931; Pub.

L. 101–121, title I, §120, Oct. 23, 1989, 103 Stat.

722.)

AMENDMENTS

1989—Subsec. (b)(4). Pub. L. 101–121 struck out cl. (4)

which required a report on how funds in the Navajo Rehabilitation Trust Funds would be expended to carry

out the purposes described in section 640d–30(d) of this

title.

1988—Pub. L. 100–666 amended section generally, substituting subsecs. (a) and (b) for former subsecs. (a) to

(c).

1980—Subsec. (c)(5). Pub. L. 96–305 substituted ‘‘ninety’’ for ‘‘thirty’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 640d–13, 640d–14

of this title.

§ 640d–13. Relocation of households and members

(a) Authorization; time of completion; prohibition of further settlement of nonmembers

without written approval; limit on grazing of

livestock

Consistent with section 640d–7 of this title and

the order of the District Court issued pursuant

to section 640d–2 or 640d–3 of this title, the Commissioner is authorized and directed to relocate

pursuant to section 640d–7 of this title and such

order all households and members thereof and

their personal property, including livestock,

from any lands partitioned to the tribe of which

they are not members. The relocation shall take

place in accordance with the relocation plan and

shall be completed by the end of five years from

the date on which the relocation plan takes effect. No further settlement of Navajo individuals on the lands partitioned to the Hopi Tribe

pursuant to this subchapter or on the Hopi Reservation shall be permitted unless advance written approval of the Hopi Tribe is obtained. No

further settlement of Hopi individuals on the

lands partitioned to the Navajo Tribe pursuant

to this subchapter or on the Navajo Reservation

shall be permitted unless advance written approval of the Navajo Tribe is obtained. No individual shall hereafter be allowed to increase the

number of livestock he grazes on any area partitioned pursuant to this subchapter to the tribe

of which he is not a member, nor shall he retain

any grazing rights in any such area subsequent

to his relocation therefrom.

(b) Additional payments to heads of household;

time

In addition to the payments made pursuant to

section 640d–14 of this title, the Commissioner

shall make payments to heads of households

identified in the report prepared pursuant to

section 640d–12 of this title upon the date of relocation of such households, as determined by

the Commissioner, in accordance with the following schedule:

(1) the sum of $5,000 to each head of a household who, prior to the expiration of one year

after the effective date of the relocation plan,

contracts with the Commissioner to relocate;

(2) the sum of $4,000 to each head of a household who is not eligible for the payment provided for in clause (1) of this subsection but

who, prior to the expiration of two years after

the effective date of the relocation plan, contracts with the Commissioner to relocate;

(3) the sum of $3,000 to each head of a household who is not eligible for the payments provided for in clause (1) or (2) of this subsection

but who, prior to the expiration of three years

after the effective date of the relocation plan,