This report is part of a series of reports to help decision makers plan for the future of the Office of Navajo and Hopi Indian Relocation (ONHIR). ONHIR was established by the Navajo-Hopi Land Settlement Act of 1974 (Pub. L. No. 93-531) as an independent Federal agency responsible for assisting with the relocation of Navajo people and Hopi people living within each other’s boundaries.
As one of its key functions, ONHIR manages the administrative appeals process for applicants who are denied relocation benefits. These appeals can potentially span multiple years and three levels of Federal courts: the District Court, the U.S. Court of Appeals, and the U.S. Supreme Court.
The objective for this review was to determine the status of ONHIR’s applicant appeals—both active appeals on denied eligibility determinations and cases eligible for appeal. We found that:
• As of May 2020, 1,351 denied applicants had requested a hearing for reconsideration of a denial of benefits decision. Of those applicants, 521 were certified eligible for benefits before their cases reached a Federal court.
• The remaining 830 cases had denials upheld and were determined eligible for appeal to the District Court level. So far 259 of those cases have resulted in eligibility certification. Five of these certified applicants have not claimed their benefits.
• In addition to these active appeal cases, there were 212 cases that fell within the 6-year statute of limitations and are eligible for appeal.
If ONHIR closes, its ongoing litigation will require a successor agency to be responsible for any appeal cases and to reconsider any decisions reversed by the courts and remanded. Legislation may be needed to identify a successor agency, designate what relocation benefits will be provided, and direct ONHIR to ensure that case files include all necessary documents for active and eligible appeals.