Navajo and Hopi Indian Relocation Amendments of 1988
PL 100-666 (S.1236), enacted 11/16/1988

PUBLIC LAW 100-666—NOV. 16, 1988 
102 STAT. 3929 
Public Law 100-666 
100th Congress 
An Act 
To reauthorize housing relocation under the Navajo-Hopi Relocation Program, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Navajo and Hopi Indian 
Relocation Amendments of 1988". 
Nov. 16, 1988 
[S. 1236] 
Navajo and Hopi 
Indian 
Relocation 
Amendments of 
1988 
25 u s e 640d 
note. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 2. Subsection (a) of section 25 of Public Law 93-531 (25 U.S.C. 
640d-24(a)) is amended— 
(1) by striking out "$7,700,000" in paragraph (4) and inserting 
in lieu thereof "$13,000,000", and 
(2) by striking out "$15,000,000 annually for fiscal years 1983 
through 1987" in paragraph (8) and inserting in Heu thereof 
"$30,000,000 annually for fiscal years 1989, 1990, and 1991". 
USE OF DISCRETIONARY FUNDS 
SEC. 3. Subsection (b) of section 27 of Public Law 93-531 (25 U.S.G. 
640d-25) is amended to read as follows: 
"(b) Funds appropriated under the authority of subsection (a) may 
be used by the Commissioner for grants, contracts, or expenditures 
which significantly assist the Commissioner or assist the Navajo 
Tribe or Hopi Tribe in meeting the burdens imposed by this Act.". 
COMMISSIONER ON NAVAJO AND HOPI INDIAN RELOCATION 
SEC. 4. (a) Section 12 of Public Law 93-531 (25 U.S.C. 640d-ll) is 
amended to read as follows: 
"(a) There is hereby estabhshed 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 Act referred to as the 
'Commissioner'). 
"(bXD 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. 
"(3) 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, United States Code. 
"(c)(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 
President of U.S. 
102 STAT. 3930 
PUBLIC LAW 100-666—NOV. 16, 1988 
Contracts. 
Appropriation 
authorization. 
25 u s e 640d et 
seq. 
25 u s e 640d-ll 
note. 
Navajo and Hopi Indian Relocation Commission had before the 
enactment of such amendments. 
"(B) All funds appropriated to the Navajo and Hopi Indian Reloca-
tion 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 Janu-
ary 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. 
"(d)(1) The (I!ommissioner shall have the power to— 
"(A) appoint and fix the compensation of such staff and 
personnel as he deems necessary, without regard to the provi-
sions of title 5, United States Code, governing appointments in 
the competitive service, and without regard to chapter 51 and 
subchapter III of chapter 53 of such title relating to classifica-
tion 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, United States 
Code, 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 avail-
ability 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). 
"(eXD The Commissioner is authorized to provide for the adminis-
trative, fiscal, and housekeeping services of the Office of Navajo and 
Hopi Indian Relocation and is authorized to call upon any depart-
ment 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) The Office of Navajo and Hopi Indian Relocation shall cease to 
exist when the President determines that its functions have been 
fully discharged.". 
Qo) Public Law 93-531 is amended by striking out "the Commis-
sion" each place it appears and inserting in lieu thereof "the 
Commissioner". 
(cXD Notwithstanding any other provisions of law or any amend-
ment made by this Act— 
hv^^^'' 
PUBLIC LAW 100-666—NOV. 16, 1988 
102 STAT. 3931 
(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, and 
(iii) assume responsibility for the powers and duties trans-
ferred to such Commissioner under section 12(c)(2) of Public 
Law 93-531, as amended by this Act, until the Commis-
sioner 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 trans-
ferred 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. 
(d) Section 13 of Public Law 93-531 (25 U.S.C. 640d-12) is amended 
to read as follows: 
"(a) By no later than the date that is 6 months after the date on Reports. 
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 Act. 
"(b) The report required under subsection (a) 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 Act and who have not received all the 
benefits for which such members are eligible under this Act; 
"(3) the fair market value of the habitations and improve-
ments owned by the heads of households identified by the 
Commissioner is being among the persons named in clause (1) of 
this subsection; and 
"(4) a report on how funds in the Navajo Rehabilitation Trust 
Funds will be expended to carry out the purposes described in 
section 32(d).". 
LOBBYING 
SEC. 5. Public Law 93-531 is amended by adding at the end thereof 
the following new section: 
"SEC. 31. (a) Except as provided in subsection (b), no person or 25 use 640d-29. 
entity who has entered into a contract with the Commissioner to 
provide services under this Act may engage in activities designed to 
influence Federal legislation on any issue relating to the relocation 
required under this Act. 
"(b) Subsection (a) shall not apply to the Navajo Tribe or the Hopi 
Tribe, except that such tribes shall not spend any funds received 
from the Office in any activities designed to influence Federal 
legislation.". 
19-194 O—91—Part 4 
31 : QL 3 
102 STAT. 3932 
PUBLIC LAW 100-666—NOV. 16, 1988 
Safety. 
Safety. 
Courts, U.S. 
Arizona. 
25 u s e 640d-30. 
NEW DEVELOPMENT ON CERTAIN LANDS 
SEC. 6. Subsection (f) of section 10 of Public Law 93-531 (25 U.S.C. 
640d-9(f)) is amended— 
(1) by sti-iking out "Any development" and inserting in lieu 
thereof "(1) Any development", and 
(2) by adding at the end thereof the following new paragraphs: 
"(2) Each Indian tribe which receives a written request for the 
consent of the Indian tribe to a particular improvement, construc-
tion, or other development on the lands to which paragraph (1) 
appUes shall respond in writing to such request by no later than the 
date that is 30 days after the date on which the Indian tribe receives 
the request. If the Indian tribe refuse to consent to the improve-
ment, construction, or other development, the response shall include 
the reasons why consent is being refused. 
"(3XA) Paragraph (1) shall not apply to any improvement, 
construction, or other development if^ 
"(i) such improvement, construction, or development does not 
involve new housing construction, and 
"(ii) after the Navajo Tribe or Hopi Tribe has refused to 
consent to such improvement, construction, or development (or 
aft;er the close of the 30-day period described in paragraph (2), if 
the Indian tribe does not respond within such period in writing 
to a written request for such consent), the Secretary of the 
Interior determines that such improvement, construction, or 
development is necessary for the health or safety of the Navajo 
Tribe, the Hopi Tribe, or any individual who is a member of 
either tribe. 
"(B) If a written request for a determination described in subpara-
graph (AXii) is submitted to the Secretary of the Interior after the 
Navajo Tribe or Hopi Tribe has refused to consent to any improve-
ment, construction, or development (or after the close of the 30-day 
period described in paragraph (2), if the Indian tribe does not 
respond within such period in writing to a written request for such 
consent), the Secretary shall, by no later than the date that is 45 
days after the date on which such request is submitted to the 
Secretary, determine whether such improvement, construction, or 
development is necessary for the health or safety of the Navajo 
Tribe, the Hopi Tribe, or any individual who is a member of either 
Tribe. 
"(C) Any development that is undertaken pursuant to this section 
shall be without prejudice to the rights of the parties in the civil 
action pending before the United States District Court for the 
District of Arizona commenced pursuant to section 8 of this Act, as 
amended.". 
NAVAJO REHABnJTATION TRUST FUND 
SEC. 7. Public Law 93-531 is amended by adding at the end thereof 
the following new section: 
"SEC. 32. (a) There is hereby established in the Treasury of the 
United States a trust fund to be known as the 'Navajo Rehabilita-
tion TVust Fund', which shall consist of the funds transferred under 
subsection (b) and of the funds appropriated pursuant to subsection 
(f) and any interest or investment income accrued on such funds. 
"(b) All of the net income derived by the Navajo Tribe from the 
surface and mineral estates of lands located in New Mexico that are 
PUBLIC LAW 100-666—NOV. 16, 1988 
102 STAT. 3933 
acquired for the benefit of the Navajo Tribe under section 11 shall 
be deposited into the Navajo Rehabilitation Trust Fund. 
"(c) The Secretary shall be the trustee of the Navajo Rehabilita-
tion Trust Fund and shall be responsible for investment of the funds 
in such Trust Fund. 
"(d) Funds in the Navajo Rehabilitation Trust Fund, including 
any interest or investment accruing thereon, shall be available to 
the Navajo Tribe, with the approval of the Secretary, solely for 
purposes which will contribute to the continuing rehabilitation and 
improvement of the economic, educational, and social condition of 
families, and Navajo communities, that have been affected by— 
"(1) the decison in the Healing case, or related proceedings, 
"(2) the provision of this Act, or 
"(3) the establishment by the Secretary of the Interior of 
grazing district number 6 as land for the exclusive use of the 
Hopi Tribe. 
"(e) The Navajo Rehabilitation Trust Fund shall terminate when, 
upon petition by the Navajo Tribe, the Secretary determines that 
the goeds of the Trust Fund have been met and the United States 
has been reimbursed for funds appropriated under subsection (0- AH 
funds in the Trust Fund on such date shall be transferred to the 
general trust funds of the Navajo Tribe. 
"(0 There is hereby authorized to be appropriated for the Navajo 
Appropriation 
RehabUitation Trust Fund not exceed $10,000,000 in each of fiscal 
authorization. 
years 1990, 1991, 1992, 1993, 1994 and 1995. The income from the 
land referred to in subsection (b) of this section shall be used to 
reimburse the General Fund of the United States Treasury for 
amounts appropriated to the Fund.", 
LANDS TRANSFERRED OR ACQUIRED FOR THE NAVAJO TRIBE 
SEC. 8. Subsection (h) of section 11 of Public Law 93-531 (25 U.S.C. 
640d-l(Xh)) is amended by striking out "the date of this subsection 
who are awaiting relocation under this Act" and inserting in lieu 
thereof "the date of enactment of this Act: Provided, That the sole 
authority for final planning decisions regarding the development of 
lands acquired pursuant to this Act shall rest with the (Commis-
sioner until such time as the (Commissioner has discharged his 
statutory responsibility under this Act". 
PROVISION OF ATTORNEY FEES FOR THE SAN JUAN SOUTHERN PAIUTE 
TRIBE 
SEC. 9. (a) Subsection (e) of section 8 of Public Law 93-531 (25 
U.S.C. 640d-7(e)) is amended by inserting a comma and the words 
"San Juan Southern Paiute" after the word "Navajo". 
(b) Section 8 of Public Law 93-531 is amended by adding at the 
end thereof the following new subsection: 
"(fXD Any funds made available for the San Juan Southern 
Paiute Tribe to pay for attorney's fees shall be paid directly to the 
tribe's attorneys of record until such tribe is acknowledged as an 
Indian tribe by the United States: Provided, That the tribe's eligi-
bility for such payments shall cease once a decision by the Secretary 
of the Interior declining to acknowledge such tribe becomes final 
and no longer appealable. 
"(2) Nothing in this subsection shall be interpreted as a congres-
sional acknowledgement of the San Juan Southern Paiute as an 
102 STAT. 3934 
PUBLIC LAW 100-666—NOV. 16, 1988 
Appropriation 
authorization. 
25 u s e 640d-14. 
Courts, U.S. 
Arizona. 
Indian tribe or £is affecting in any way the San Juan Southern 
Paiute Tribe's Petition for Recognition currently pending with the 
Secretary of the Interior. 
"(3) There is hereby authorized to be appropriated not to exceed 
$250,000 to pay for the legal expenses incurred by the Southern 
Paiute Tribe on legal action arising under this section prior to 
enactment of the Navajo and Hopi Indian Relocation Amendments 
of 1988.". 
SEC. 10. Section 15 of Public Law 93-531 is amended by adding the 
following new subsection (g) at the end thereof: 
"(g) Notwithstanding any other provision of law, appeals from any 
eligibility determination of the Relocation Commission, irrespective 
of the amount in controversy, shall be brought in the United States 
District Court for the District of Arizona.". 
Approved November 16, 1988. 
LEGISLATIVE HISTORY—S. 1236: 
HOUSE REPORTS: No. 100-1032 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-425 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Aug. 8, considered and passed Senate. 
Oct. 3, 4, considered and passed House, amended. 
Oct. 13, Senate concurred in House amendments.