Navajo and Hopi Indian Relocation Amendments of 1988

(Measure passed Senate, amended) Navajo and Hopi Indian Relocation Amendments of 1988 - Reauthorizes housing relocation under the Navajo Hopi Relocation Program. Increases the authorization of appropriations for incentive bonuses for voluntary relocations. Extends and increases the annual authorization for relocation housing. Deletes the matching fund restrictions and other restrictions on the use of the discretionary account of the Commissioner on Navajo and Hopi Indian Relocation. Establishes, in place of the Navajo and Hopi Indian Relocation Commission, the Office of Navajo and Hopi Indian Relocation within the Office of the Secretary of the Interior. Requires the Commissioner to be appointed by the President by and with the advice and consent of the Senate for a five-year term. Restricts legal services contracts entered into by the Office to appropriated funds and limits the authorization for this purpose to $100,000 per fiscal year. Makes technical and conforming amendments. Requires the Commissioner to submit a report, within six months after the Commissioner is appointed, on: (1) the members of the Navajo and Hopi Tribes who have relocated from Hopi partitioned lands and the Navajo partitioned lands but who have not received their relocation benefits; and (2) how the Rehabilitation Trust Fund will be spent for the economic, educational, and social needs of Navajo families and communities directly and substantially affected. Requires the Commissioner to submit a detailed relocation plan within one year after the date the Commissioner is appointed, including: (1) a report on the employment training needs of all Indians relocated; (2) recommendations for the economic development of the lands acquired by, or for the benefit of, the Navajo Tribe; and (3) the separate views of both Tribes. Directs the Commissioner, on the basis of the plan, to identify and coordinate existing Federal programs for job training, economic assistance, and infrastructure needs of those affected by the relocation. Requires the Commissioner to provide for a 30-day review and comment period for those affected by the relocations and appropriate representations of their Tribes, before submitting to the Congress the required report and plan. Prohibits lobbying on issues relating to relocations by any entity which has a contract with the Commissioner. Sets forth procedures for considering requests for new development of certain lands under litigation. Allows construction to improve and repair existing structures without the consent of the Navajo or Hopi Tribes if it is necessary for the health or safety of the Tribes or a member of either Tribe. Limits the total amount of funding for attorney fees per Tribe for each fiscal year beginning in FY 1989. Directs the Secretary to: (1) pay all outstanding legal fees incurred prior to the enactment of this Act; and (2) submit to the Congress a written statement explaining why any claims for such attorney fees have been rejected or not paid in a timely manner. Establishes the Navajo Rehabilitation Trust Fund to be used to benefit Navajo families and communities affected by the relocations, the decision in the Healing case, and the establishment of a certain grazing district for the exclusive use of the Hopi Tribe. Provides that the first priority for relocation benefits shall go to those families evicted pursuant to the order in a named court case and second priority to families in the order in which they were certified for benefits. Gives the Commissioner discretion to grant priority status on a case-by-case basis to applicants based on medical, safety, or humanitarian reasons, including the readiness of the applicant to move. Allows the Secretary to make required rental payments on behalf of a Tribe, in the event the the Tribe owing rental payments to the other Tribe fails or refuses to make such payments, out of funds held in trust by the United States for such Tribe. Subjects such payments to congressional review and disapproval. Provides that certain lands acquired by or transferred to the Navajo Tribe shall be available to all relocated Navajo families.

(Reported to Senate from the Select Committee on Indian Affairs with amendment, S. Rept. 100-425) Navajo and Hopi Indian Relocation Amendments of 1988 - Reauthorizes housing relocation under the Navajo Hopi Relocation Program. Increases the authorization of appropriations for incentive bonuses for voluntary relocations. Extends and increases the annual authorization for relocation housing. Deletes the matching fund restrictions and other restrictions on the use of the discretionary account of the Commissioner on Navajo and Hopi Indian Relocation. Establishes, in place of the Navajo and Hopi Indian Relocation Commission, the Office of Navajo and Hopi Indian Relocation within the Office of the Secretary of the Interior. Requires the Commissioner to be appointed by the President by and with the advice and consent of the Senate for a five-year term. Restricts legal services contracts entered into by the Office to appropriated funds and limits the authorization for this purpose to $100,000 per fiscal year. Makes technical and conforming amendments. Requires the Commissioner to submit a report, within six months after the Commissioner is appointed, on: (1) the members of the Navajo and Hopi Tribes who have relocated from Hopi partitioned lands and the Navajo partitioned lands but who have not received their relocation benefits; and (2) how the Rehabilitation Trust Fund will be spent for the economic, educational, and social needs of Navajo families and communities directly and substantially affected. Requires the Commissioner to submit a detailed relocation plan within one year after the date the Commissioner is appointed, including: (1) a report on the employment training needs of all Indians relocated; (2) recommendations for the economic development of the lands acquired by, or for the benefit of, the Navajo Tribe; and (3) the separate views of both Tribes. Directs the Commissioner, on the basis of the plan, to identify and coordinate existing Federal programs for job training, economic assistance, and infrastructure needs of those affected by the relocation. Requires the Commissioner to provide for a 30-day review and comment period for those affected by the relocations and appropriate representations of their Tribes, before submitting to the Congress the required report and plan. Prohibits lobbying on issues relating to relocations by any entity which has a contract with the Commissioner. Sets forth procedures for considering requests for new development of certain lands under litigation. Allows construction to improve and repair existing structures without the consent of the Navajo or Hopi Tribes if it is necessary for the health or safety of the Tribes or a member of either Tribe. Limits the total amount of funding for attorney fees per Tribe for each fiscal year beginning in FY 1989. Directs the Secretary to: (1) pay all outstanding legal fees incurred prior to the enactment of this Act; and (2) submit to the Congress a written statement explaining why any claims for such attorney fees have been rejected or not paid in a timely manner. Establishes the Navajo Rehabilitation Trust Fund to be used to benefit Navajo families and communities affected by the relocations, the decision in the Healing case, or the establishment of a certain grazing district for the exclusive use of the Hopi Tribe. Provides that the first priority for relocation benefits shall go to those families evicted pursuant to the order in a named court case and second priority to families in the order in which they were certified for benefits. Gives the Commissioner discretion to grant priority status on a case-by-case basis to applicants based on medical, safety, or humanitarian reasons, including the readiness of the applicant to move. Allows the Secretary to make required rental payments on behalf of a Tribe, in the event the the Tribe owing rental payments to the other Tribe fails or refuses to make such payments, out of funds held in trust by the United States for such Tribe. Subjects such payments to congressional review and disapproval. Provides that certain lands acquired by or transferred to the Navajo Tribe shall be available to all relocated Navajo families.

(Measure passed House, amended, roll call #412 (298-120)) Navajo and Hopi Indian Relocation Amendments of 1988 - Reauthorizes housing relocation under the Navajo Hopi Relocation Program. Increases the authorization of appropriations for incentive bonuses for voluntary relocations. Extends and increases the annual authorization for relocation housing. Deletes the matching fund restrictions and other restrictions on the use of the discretionary account of the Commissioner on Navajo and Hopi Indian Relocation. Establishes, in place of the Navajo and Hopi Indian Relocation Commission, the Office of Navajo and Hopi Indian Relocation as an independent entity in the executive branch. Requires the Commissioner to be appointed by the President by and with the advice and consent of the Senate for a two-year term. Restricts legal services contracts entered into by the Office to appropriated funds and limits the authorization for this purpose to $100,000 per fiscal year. Authorizes the Commissioner to call upon other Federal agencies for assistance in implementing the relocation plan. Requires that failures to provide assistance be reported to the Congress. Requires the Commissioner to submit a report, within six months after the Commissioner is confirmed, on: (1) the members of the Navajo and Hopi Tribes who reside within partitioned lands; (2) members who are eligible for but who have not received their relocation benefits; (3) fair market value of partitioned land residences; and (4) how the Navajo Rehabilitation Trust Fund will be spent for the economic, educational, and social needs of Navajo families and communities directly and substantially affected. Prohibits lobbying on issues relating to relocations by any entity which has a contract with the Commissioner, with tribal exceptions. Sets forth procedures for considering requests for new development of certain lands under litigation. Allows construction to improve and repair existing structures without the consent of the Navajo or Hopi Tribes if it is necessary for the health or safety of the Tribes or a member of either Tribe. Establishes the Navajo Rehabilitation Trust Fund to be used to benefit Navajo families and communities affected by the relocations, the decision in the Healing case, and the establishment of a certain grazing district for the exclusive use of the Hopi Tribe. Terminates the fund when, upon petition by the Navajo Tribe, the Secretary of the Interior determines its goals have been met and the United States has been reimbursed. Authorizes appropriations through FY 1995. Provides that acquired lands shall be available to all Navajo families, not only those awaiting relocation. Provides that the sole authority for final development planning decisions rests with the Commissioner until his statutory responsibility has been discharged. Authorizes payment of certain legal fees of the San Juan Southern Paiute Tribe, pending a decision on tribal recognition by the Secretary of the Interior. Authorizes appropriations. Provides that appeals from eligibility determinations of the Relocation Commission shall be brought in the U.S. District Court for the District of Arizona.

Revises the authorization of appropriations for programs of the Navajo and Hopi Indian Relocation Commission. Increases the authorization of appropriations for incentive bonuses for voluntary relocations. Increases the annual authorization for housing construction and extends such authorization through FY 1988. Deletes the matching fund requirement for the Commission's discretionary account. Permits use of the discretionary fund for grants, contracts, or expenditures which significantly assist the Commission in conducting its duties or the Navajo Tribe or Hopi Tribe in meeting requirements under the Navajo-Hopi relocation programs.