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B-114868.18 1 (1978-02-10)

handle is hein.gao/gaobadfpt0001 and id is 1 raw text is: CECISION FILE: B-114868.18 THE COMPTROLLER GENERAL -* .OF THE UNITED BrATEU WASHINGTON. D.C. 20540 J iT1 DATE: February 10, 1978 MATTER OF: Navajo and Hopi Indian Relocation Commission DIGEST: Navajo and Hopi Indian Relocation Commission, an independent commission, was granted statu- tory power to ar'oint and fix compensation of staf personnel and to employ experts and consultants pursuant to 5 U.S.C. 3109. Under that authrity, Commission may employ attorney on full-time, part-time, or intermittent basis. In addition, the Commission may, under section 12(g)(2), Public Law 93-531, procure legal services by contract on a task or in- dependent contractor basis whtre the usual supervision of an attorney hired as an employee is absent. Any such contract would be subject to Department of Justice's authority under 5 U.S.C. 3106 and 28 U.S.C. 514-519 and the limitations of 5 U.S.C. 3109. By a letter dated November 10, 1977, Mr. Paul Urbano, Chair- man of the Navajo and Hopi Indian Relocation Commission, requested our decision whether the Commission has the authority to hire out- side lhgal counsel. The Commission was created pursuant tc Public Law 93-531, Dece.-beer 22, 1974, 88 Stat. 1712, as an independent entity in the executive branch. That public law was enacted for the purpose of providing for final setvlement of the conflicting rights and in- terests of the Hlopi and Navajo Tribes in lands which both tribes claimed and which had been established as a joint use area for both tribes. The statute authorized the United States District Court for the District of Arizona to make a final adjudication in the matter, including partition of the joint area. A partition order wa, entered by the court on February 12, 1977. The Commission is required by the statute to formulate a report to Congress and a plan tc. relocate Navajo and Hopi families living on the land par- titioned to the other tribe. The report and plan must be completed within 2 years from the date of the partition order, and the Commission has an additional 5 years to execute the plan. With respect to the operations of the Commission, section 12(h) of Public Law 93-531 provides that the Department of the Interior shall furnish, on a nonreimbursable basis, necessary 1 _____ (5 4

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