Recommendation: Congress should consider providing necessary authority for other agencies to continue remaining activities when ONHIR closes. (Matter for Consideration 1)
Agency: Congress
Status: Open
Comments: Legislation has not yet been enacted that would authorize other agencies to assume remaining functions from ONHIR. The report accompanying the Consolidated Appropriations Act for fiscal year 2019 directs ONHIR to continue working on the development of a comprehensive plan for closing ONHIR which includes legal analysis on whether any enacting legislation is required to transfer functions to another agency or organization. We will continue to monitor any relevant legislation.
Recommendation: Congress should consider determining (1) whether the requirement for the land acquired pursuant to the Settlement Act as amended to be used solely for the benefit of relocatees should continue and (2) how grazing on the New Lands should be regulated. (Matter for Consideration 2)
Agency: Congress
Status: Open
Comments: Legislation has not yet been enacted that would address whether the requirement for the land to be used solely for the benefit of relocatees should continue or regulation of grazing on the New Lands. A committee report accompanying ONHIR's fiscal year 2019 appropriations directs ONHIR to work closely with the tribes, the Office of the Special Trustee, the Bureau of Indian Affairs, and the Department of Justice to develop and implement a comprehensive plan for the closure of ONHIR. We will continue to monitor any relevant legislation.
Recommendation: Congress should consider addressing the mandatory trust acquisition provision for the Navajo Nation in the Settlement Act as amended. (Matter for Consideration 3)
Agency: Congress
Status: Open
Comments: Legislation has not yet been enacted to address the mandatory trust acquisition provision. A committee report accompanying ONHIR's fiscal year 2019 appropriations directs ONHIR to work closely with the tribes, the Office of the Special Trustee, the Bureau of Indian Affairs, and the Department of Justice to develop and implement a comprehensive plan for the closure of ONHIR. We will continue to monitor any relevant legislation.
Recommendation: Congress should consider whether the requirement for the Navajo Nation to repay the U.S. Treasury for appropriations made to the Navajo Rehabilitation Trust Fund should continue. (Matter for Consideration 4)
Agency: Congress
Status: Open
Comments: Legislation has not yet been enacted to address the mandatory trust acquisition provision. A committee report accompanying ONHIR's fiscal year 2019 appropriations directs ONHIR to work closely with the tribes, the Office of the Special Trustee, the Bureau of Indian Affairs, and the Department of Justice to develop and implement a comprehensive plan for the closure of ONHIR. We will continue to monitor any relevant legislation.
Recommendation: The Executive Director of ONHIR should request a presidential determination as to whether ONHIR has fully discharged its responsibilities and whether it should close. (Recommendation 1)
Agency: Office of Navajo and Hopi Indian Relocation
Status: Open
Comments: The explanatory statement to the Consolidated Appropriations Act for fiscal year 2019 states that the determination that ONHIR's functions have been fully discharged requires development of a comprehensive plan. In October 2018, ONHIR officials stated that they continue to work on transition planning, including helping to develop closeout legislation. We will continue to monitor ONHIR's actions in response to this recommendation.
Recommendation: The Executive Director of ONHIR should prepare complete information on the remaining denied households who could still file for federal appeals. Such information could include paper case files and information in ONHIR's client database for those households. (Recommendation 2)
Agency: Office of Navajo and Hopi Indian Relocation
Status: Open
Comments: As of October 2018, ONHIR officials had developed a schedule of cases that were still eligible to file for federal appeals and reported that the files have been gathered, organized and prepared. Officials also stated that all closed case files that are not subject to an administrative appeal were transferred to the National Archives and Records Administration. We will continue to follow up with ONHIR on the availability of the paper files and the status of efforts to transition its database to another agency upon closure.
Recommendation: The Executive Director of ONHIR should prepare complete information on warranties and contractors. Such preparation should include linking warranty complaints to the relevant contractor, completing missing warranty information, and completing information on contractors' past performance. (Recommendation 3)
Agency: Office of Navajo and Hopi Indian Relocation
Status: Open
Comments: As of October 2018, ONHIR officials had produced a report of outstanding warranty complaints, reviewed paper case files for additional information on the status of the complaints, and updated the database accordingly. ONHIR has also developed a report of case files that will need to remain at ONHIR until the warranty period expires. We will continue to follow up to determine how information on contractors' past performance will be maintained.
Recommendation: The Executive Director of ONHIR should establish a comprehensive inventory of (1) properties located on trust land it administers, (2) leases of those properties, and (3) surface use and other use agreements for trust land it administers. (Recommendation 4)
Agency: Office of Navajo and Hopi Indian Relocation
Status: Open
Comments: In June 2018, ONHIR reported that it had updated and maintains a comprehensive inventory that includes property, leases, and surface use agreements on all trust land it administers. Our review of the updated inventory found that not all leases are included, and it is unclear why some properties are listed more than once in the inventory. We will continue to monitor actions ONHIR takes in response to this recommendation.
Recommendation: The Executive Director of ONHIR should identify which leases and other agreements need to be amended or assigned because (1) ONHIR is the lessor, (2) the lease or agreement provides for annual payments to be made to ONHIR, and/or (3) the lease or agreement terminates upon ONHIR's closure. (Recommendation 5)
Agency: Office of Navajo and Hopi Indian Relocation
Status: Open
Comments: As of October 2018, ONHIR stated that it is working to record all current leases with the Department of Interior and plans to identify any needed amendments or assignments once a successor entity is identified.
