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CHAPTER IV-NAVAJO AND HOPI INDIAN
Page Commission operations and relocation procedures. 720
PART 700—COMMISSION OPERATIONS AND RELOCATION
8 700.3 Applicability.
The provisions of this Act and the regulations in this part apply to the operations of the Commission, its members and employees, and to all persons displaced by partitionment of the Joint Use Area and the 1934 Boundary Act.
Sec. 700.1 Purpose. 700.2 Scope. 700.3 Applicability. 700.4 Objectives. 700.5 Definitions. 700.6 Development of a relocation report. 700.7 Relocation. 700.8 Commission hearings. 700.9 Hearing officers. 700.10 Payments for relocation and pur
chase of improvements. 700.11 Relocation standards. 700.12 Resale of property. 700.13 Public information. 700.14 Internal operations. 700.15 Compliance with Federal law and
District Court Decisions. 700.16 Cooperation and concurrent action
with other Federal agencies and State
agencies. AUTHORITY: Pub. L. 93-531, 88 Stat. 1712 (25 U.S.C. 6400-6400-24).
SOURCE: 41 FR 49982, Nov. 12, 1976, unless otherwise noted.
8 700.4 Objectives.
The objectives of these regulations are to facilitate development of a relocation plan according to the Act, and to carry out the directed relocation as promptly and fairly as possible, with a minimum of hardship and discomfort to the relocatees, in accordance with the act.
$ 700.1 Purpose.
These regulations are designed to insure fair, equitable and uniform treatment of persons displaced by partitionment of the 1882 Executive Order area and the 1934 Boundary Act area; to set forth the procedures by which the Commission shall operate; and to implement the provisions of the Act of December 22, 1974 (Pub. L. 93-531, 88 Stat. 1712).
8 700.5 Definitions.
As used in this part:
(a) The Act. “The Act” is Pub. L. 93531, (88 Stat. 1712) approved December 22, 1974, providing for the final settlement of the conflicting rights and interest of the Navajo and Hopi tribes to and in the lands lyi within the joint use area of the reservation established by Executive Order of December 16, 1882, hereinafter referred to as the Joint Use Area, and land lying within the reservation described by the Act of June 14, 1934 hereinafter referred to as the 1934 Boundary Act, and for other purposes.
(b) Actual notice. “Actual notice" shall mean notice actually received in a form that is reasonably understood by a person with the same education and same language skills as the person receiving the notice.
(c) Adequate notice. “Adequate notice” shall mean notice reasonably calculated to inform the recipient of the content and import of the information contained in such notice and reasonably calculated to be called to the physical attention of said recipi. ent.
(d) Appraisal. An “appraisal" shall refer to the value placed on the habi. tation and other improvements owned by a relocatee that are fixtures on the land, which cannot be moved without
$ 700.2 Scope.
The regulations apply to the programs of the Navajo and Hopi Indian Relocation Commission. The geographical coverage is limited to serve the residents of the lands lying within the joint use area of the reservation established by the Executive Order of December 16, 1882, and lands lying within the reservation described by the Act of June 14, 1934 (48 Stat. 960).
substantial damage or unreasonable cost.
(e) Appraisers. "Appraisers" shall be suitably qualified and disinterested persons appointed or hired by the Commission to make an appraisal of the habitation and other improvements on the land owned by the relocatees. All compensation for the appraisers shall be paid by the Commission.
(f) Business. The term “business" means any lawful activity, except a farm operation, conducted primarily;
(1) For the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
(2) For the sale of service to the public;
(3) By a non profit organization; or
(4) For assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property or service by the direction and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.
(g) Commission. The “Commission" is an independent entity in the Executive Branch established pursuant to Section 12(a) of the Act. The Commission is composed of three members and shall carry out the purposes of the Act as directed.
(h) Commission staff. The “Commission staff" are those persons hired or appointed as full or part-time employees of the Commission to carry out the duties and functions of the Commission as directed by its members.
(i) Consultants. “Consultants" are persons hired by the Commission to do specific acts or functions as directed by the Commission.
(j) Displaced person. “Displaced person" means any person who has to be moved under the terms of the act. This term is synonymous with the term “relocatee".
(k) Dwelling. A "dwelling” is the place of permanent or customarily usual abode of a person, including a single family dwelling; a single family
unit and a two family, multifamily, or multipurpose, dwelling; a cooperative housing project; & nonhousekeeping unit or any other residential unit, including a mobile home which cannot be moved without substantial damage or unreasonable cost.
(1) Comparable replacement dwelling. A "comparable replacement dwelling” is a dwelling which is:
(1) Decent, safe and sanitary, and comparable to the acquired dwelling with respect to the number of rooms or habitable living space, but in any event adequate to accommodate the displaced persons;
(2) In an area not subject to unreasonable adverse environmental conditions from either natural or man made sources, and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and reasonable access to the displaced person's present or potential place of employment;
(3) Available on private market to the displaced person and available to all persons regardless of race, color, religion or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968, which is available to all persons regardless of sex;
(4) To the extent practicable and where consistent with paragraph (1) (1) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing;
(5) Within the financial means of the displaced persons, providing that this paragraph shall be construed only in accordance with the intent to put such persons in an equal or better position. However, if the housing meeting the requirements of this paragraph is not available, the Commission may, on proper finding of the need therefore, consider available housing exceeding these basic criteria.
(m) Decent, safe and sanitary housing. “Decent, safe and sanitary housing" means housing in sound, clean and weathertight condition, in conformance with local housing codes, and which meets the following minimum standards:
(1) Each housekeeping unit shall include a kitchen with a full usable sink, a stove, or connection for a stove, a separate and complete bathroom, hot and cold running water in both bathroom and kitchen, adequate and safe wiring systems for lighting and other electrical services, and heating as required by climatic conditions and local codes.
(2) Each nonhousekeeping unit shall be in conformance with local code standards for boarding houses, hotels or other dwellings for congregate living.
(3) Occupancy standards shall be in conformance with local code.
(n) Farm operation. The term “farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
(0) Federal agency. The term “Federal agency” means any department, agency or instrumentality in the Executive Branch of the United States Government.
(p) Habitation. The “habitation” shall mean the principal place of residence of the displaced person. This term is synonymous with the term "dwelling".
(q) Head of household. A person who qualifies as a "head of household” under the Internal Revenue Code of 1954, as amended; or a married couple; or a widow or widower; or any single person who maintains a separate home and did so for a period of one year prior to the effective date of these regulations shall qualify as a head of household under these regulations.
(r) Improvements. “Improvements” shall be fixtures added to the land, including a business, in addition to the habitation, which cannot readily be moved without substantial damage, or whose movement would require unreasonable cost.
(s) Livestock. “Livestock" shall include all domesticated animals of every type owned by the displaced person.
(t) Moving expenses. “Moving expenses" means:
(1) The actual reasonable expenses in moving the dislocated person, his family, his business, farm operation or other personal property;
(2) The actual direct loss of tangible personal property as a result of moving or discontinuing a business or farm operations, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the Commission; and
(3) Actual reasonable expenses in searching for a replacement business or farm.
(u) Person. The term “person" means any individual, partnership, corporation, association, or farm operation.
(v) Relocatee. The term “relocatee" means a member of the Hopi Tribe within the area partitioned to the Navajo Tribe or a member of the Navajo Tribe within the area partitioned to the Hopi Tribe who must be relocated pursuant to the Act. This term shall be synonymous with the term “displaced person".
(w) Relocation report. The “relocation report” shall be the report prepared by the Commission and submitted to Congress pursuant to section 13 of the Act.
(x) Relocation plan. The "relocation plan” shall be a detailed plan providing for the relocation of the households and the members identified pursuant to the relocation report submitted to Congress, and shall be devel. oped in accordance with the Act.
(y) Resident (or Residency)
(1) Residency is established by ful. filling either of the following criteria:
(i) Current occupancy
(ii) Maintenance of substantial recurring contacts with an identifiable homesite although the individual is temporarily away for any of the following reasons:
(A) Employment, and seeking employment
(B) Education or job training (C) Medical
(D) Military (active duty in the military service)
(E) Unavailability of Housing (F) Incarceration