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(2)(i) Any one or more of the following criteria may be considered in establishing whether or not there have been substantial recurring contacts:

(A) Ownership of livestock
(B) Ownership of improvements
(C) Grazing permits
(D) Livestock sales receipts
(E) Homesite leases
(F) Public Health Records

(G) Medical and Hospital records, including those of Medicinemen

(H) Trading Post records
(I) School records
(J) Military records
(K) Employment records
(L) Mailing address records
(M) Banking records
(N) Drivers License records

(O) Voting Records (Tribal and County)

(P) Home ownership or rental off the Disputed Area

(Q) B.I.A. Census Data

(R) Certification from Chapter Officials

(S) Certification of Residency (T) Certification by Relocatee

(U) Information obtained by Certification Field Investigation

(V) Social Security Administration
(W) Marital records
(X) Court Records
(Y) Records of Birth
(Z) Joint Use Area Roster
(aa) Any other relevant data

(z) State. The term "state" means any of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, the territory of the Pacific Islands, and any political subdivision thereof. (41 FR 49982, Nov. 12, 1976, as amended at 44 FR 13007, Mar. 9, 1979)

Hopi Tribe who reside within the areas partitioned to the Navajo Tribe.

(2) The fair market value of the habitations and improvements owned by the heads of households identified by the Commission as being named in paragraph (a)(1) of this section.

The plan shall:

(i) Be developed to the maximum extent feasible in consultation with the persons involved in such relocation and

appropriate representatives of their tribal councils;

(ii) Take into account the adverse social, economic, cultural and other impacts of relocation on persons involved in such relocation and be developed to avoid or minimize, to the extent possible, such impacts;

(iii) Identify the sites to which such households shall be relocated including the distance involved;

(iv) Assure that housing and related community services, such as water, sewer, roads, schools, and health facilities, for such households shall be available at their relocation sites; and

(v) Take effect thirty days after the date of submission of the plan to the Congress.

(b) The Commission may utilize such hearings, meetings with the Navajo and Hopi Tribal Councils, meetings with appropriate chapter houses, meetings with such individuals or groups as they deem advisable, individual surveys, or such other methods as the Commission deems appropriate to gather the necessary information to develop the relocation report.

(c) The Commission may use whatever means they deem appropriate to provide adequate notice to all interested parties of the proceedings in their development of the relocation report.

(d) To develop the fair market value of the habitations and improvements owned by the heads of households identified by the Commission as being named in paragraph (a)(1) of this section:

(1) The property of the relocatees shall be appraised by such qualified appraiser or appraisers as shall be appointed by the Commission. Upon the completion of the appraisal report, the appraiser shall forward one copy of

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the report to the Commission and one copy to the relocatee.

(2) Appraisals of property of relocatees shall be provided first to those relocatees who apply for voluntary relocation on a first come first served basis. However, appraisals may be made in specified areas without regard to this requirement. All other appraisals shall be conducted as directed by the Commission.

(e) If the relocatee disagrees with the value placed on his property, he may appeal the appraisal to the Commission, which shall hold a hearing on such appeal pursuant to these regulations.

(f) The Commission shall publish a list of names of all individuals to be included in the relocation report at least 120 days before submitting the report to Congress. The list of names shall be published in a newspaper of general circulation in the area of the residence of the relocatee at least two times, and shall be posted in the chapter house of the chapter in which the relocatee resides.

(g) If any person feels a name was wrongfully left out of, or wrongfully put into, the relocation report, he may request the Commission staff to correct the error. If the staff refuses or fails to correct the error within 15 days of the request, he may appeal the staff's decision to the Commission, and the Commission shall hold a hearing on said appeal.

the Commission staff at the Commission's office during regular business hours, that they desire to relocate voluntarily and request an appraisal of their habitation and improvements, identify a site where they desire to be relocated, and sign a contract for the relocation.

(b) Involuntary relocations. (1) Relocatees who do not voluntarily contact the Commission for relocation shall be contacted by the Commission as soon as practicable after 30 days from the date the relocation report is submitted to Congress and shall:

(i) Request that the head of household choose an available area for relocation.

(ii) Make available to the relocatee suitable housing in an available area of his choice.

(iii) Arrange to purchase the relocatee's habitation and improvements.

(iv) Arrange for the relocatee and his family to be moved.

(2) If a relocatee fails or refuses to move after the actions in paragraph (b)(1) of this section are taken by the Commission, the Commission may order the relocatee to appear before it at a hearing and show cause why he should not relocate. If the relocatee fails to appear at said hearing, or refuses to relocate after a hearing and after the Commission orders him to relocate, the Commission may apply to a court of competent jurisdiction to order the relocatee to relocate pursuant. to the Commission decision.

(3) Nothing in these regulations shall prevent either tribe from taking any action on its own, under its own court or any court of competent jurisdiction, to order a relocatee, who is wrongfully staying on the land beyond the legal time limit, to relocate.

$ 700.7 Relocation.

Pursuant to the relocation plan, all members of the Navajo Tribe within the areas partitioned to the Hopi Tribe, and all members of the Hopi Tribe within the areas partitioned to the Navajo Tribe shall be relocated, except for those persons exempt from relocation by the Act. Such relocation shall be carried out within five years

om the date the relocation plan takes effect as follows:

(a) Voluntary relocation. As soon as the Commission determines that it is practicable, relocatees may voluntarily begin relocation. Said relocatees who wish to relocate pursuant to this paragraph shall notify the Commission, in writing or by contacting a member of

$ 700.8 Commission hearings.

The Commission shall conduct such hearings as it deems appropriate or necessary pursuant to these regulations. Such hearings shall be conducted as follows:

(a) Procedures. The procedure at all hearings of the Commission shall be conducted in an informal manner with the goal of affording every person appearing at the hearing the right to

fully state his position and to be heard on the issues.

(b) Right of representation. Any person appearing before the Commission may be represented by himself or by any other person he chooses, including an attorney at law.

(c) Place. Commission hearings shall be held at the regular office of the Commission or such other places as the Commission determines are convenient or necessary.

(d) Notice of hearings. Notice of all hearings held for the purpose of the development of a relocation plan shall be conducted pursuant to $ 700.6(c). Notice of all other hearings shall be given by personal service or registered mail to all interested parties at least ten days prior to such hearings.

(e) Rehearing. In order to insure equity, a rehearing on any matter may ! be granted by the Commission upon a

timely showing of good cause.

$ 700.9 Hearing officers.

The Commission may appoint such hearing officers as they deem appropriate to hear any matter pending before the Commission. Such hearing officer shall be a disinterested person and shall make a written report to the Commission on any hearing conducted by him. The Commission shall make a final determination based on the hearing officer's report. Any individual member of the Commission may act as a hearing officer.

actual reasonable moving expenses of the household as if the household members were displaced persons under section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894);

(2) Pay to each head of household whose household is required to relocate pursuant to the Act an amount which when added to the fair market value of the habitation and improvements purchased under paragraph (a) of this section equals the reasonable costs of a comparable replacement dwelling adequate to accommodate such household: Provided, That the additional payment authorized by this paragraph shall not exceed $17,000 for a household of three or less and not more than $25,000 for a household of four or more, except that the Commission may, after consultation with the Secretary of Housing and Urban Development, annually increase or decrease such limitations to reflect changes in housing or development and construction costs, other than costs of land, during the preceding year: Provided further, That the additional payment authorized by this paragraph shall be made only to a head of household required to relocate pursuant to the Act who purchases and occupies such replacement dwelling not later than the end of the twoyear period beginning on the date on which he receives from the Commission final payment for the habitation and improvements purchased under paragraph (a) of this section, or on the date on which such household moves from such habitation, whichever is the later date. The payments made pursuant to this paragraph shall be used only for the purpose of obtaining comparable replacement dwellings adequate to accommodate the households relocated pursuant to the Act.

(c) The Commission shall be responsible for the provision of housing for each household eligible for payments under this section in one of the following manners:

(1) Should any head of household apply for and become a participant or homebuyer in a mutual help housing or other home ownership opportunity

$ 700.10 Payments for relocation and pur

chase of improvements. (a) The Commission shall purchase from the head of each household whose household is required to relocate under the terms of the Act the habitation and other improvements owned by him on the area from which he is required to move. The purchase price shall be the fair market value of such habitation and improvements as determined under clause (2) of subsection (b) of section 13 of the Act.

(b) In addition to the payments made pursuant to paragraph (a) of this section, the Commission shall:

(1) Reimburse each head of household whose household is required to relocate pursuant to the Act for the

the report to the Commission and one copy to the relocatee.

(2) Appraisals of property of relocatees shall be provided first to those relocatees who apply for voluntary relocation on a first come first served basis. However, appraisals may be made in specified areas without regard to this requirement. All other appraisals shall be conducted as directed by the Commission.

(e) If the relocatee disagrees with the value placed on his property, he may appeal the appraisal to the Commission, which shall hold a hearing on such appeal pursuant to these regulations.

(f) The Commission shall publish a list of names of all individuals to be included in the relocation report at least 120 days before submitting the report to Congress. The list of names shall be published in a newspaper of general circulation in the area of the residence of the relocatee at least two times, and shall be posted in the chapter house of the chapter in which the relocatee resides.

(g) If any person feels a name was wrongfully left out of, or wrongfully put into, the relocation report, he may request the Commission staff to correct the error. If the staff refuses or fails to correct the error within 15 days of the request, he may appeal the staff's decision to the Commission, and the Commission shall hold a hearing on said appeal.

the Commission staff at the Commission's office during regular business hours, that they desire to relocate vol. untarily and request an appraisal of their habitation and improvements, identify a site where they desire to be relocated, and sign a contract for the relocation.

(b) Involuntary relocations. (1) Relocatees who do not voluntarily contact the Commission for relocation shall be contacted by the Commission as soon as practicable after 30 days from the date the relocation report is submitted to Congress and shall:

(i) Request that the head of household choose an available area for relocation.

(ii) Make available to the relocatee suitable housing in an available area of his choice.

(iii) Arrange to purchase the relocatee's habitation and improvements.

(iv) Arrange for the relocatee and his family to be moved.

(2) If a relocatee fails or refuses to move after the actions in paragraph (b)(1) of this section are taken by the Commission, the Commission may order the relocatee to appear before it at a hearing and show cause why he should not relocate. If the relocatee fails to appear at said hearing, or refuses to relocate after a hearing and after the Commission orders him to relocate, the Commission may apply to a court of competent jurisdiction to order the relocatee to relocate pursu. ant. to the Commission decision.

(3) Nothing in these regulations shall prevent either tribe from taking any action on its own, under its own court or any court of competent jurisdiction, to order a relocatee, who is wrongfully staying on the land beyond the legal time limit, to relocate.

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$ 700.7 Relocation.

Pursuant to the relocation plan, all members of the Navajo Tribe within the areas partitioned to the Hopi Tribe, and all members of the Hopi Tribe within the areas partitioned to the Navajo Tribe shall be relocated, except for those persons exempt from relocation by the Act. Such relocation shall be carried out within five years from the date the relocation plan takes effect as follows:

(a) Voluntary relocation. As soon as the Commission determines that it is practicable, relocatees may voluntarily begin relocation. Said relocatees who wish to relocate pursuant to this paragraph shall notify the Commission, in writing or by contacting a member of

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$ 700.8 Commission hearings.

The Commission shall conduct such hearings as it deems appropriate or necessary pursuant to these regulations. Such hearings shall be conducted as follows:

(a) Procedures. The procedure at all hearings of the Commission shall be conducted in an informal manner with the goal of affording every person appearing at the hearing the right to

fully state his position and to be heard on the issues.

(b) Right of representation. Any person appearing before the Commission may be represented by himself or by any other person he chooses, including an attorney at law.

(c) Place. Commission hearings shall be held at the regular office of the Commission or such other places as the Commission determines are convenient or necessary.

(d) Notice of hearings. Notice of all hearings held for the purpose of the development of a relocation plan shall be conducted pursuant to $ 700.6(c). Notice of all other hearings shall be given by personal service or registered mail to all interested parties at least ten days prior to such hearings.

(e) Rehearing. In order to insure equity, a rehearing on any matter may be granted by the Commission upon a timely showing of good cause.

$ 700.9 Hearing officers.

The Commission may appoint such hearing officers as they deem appropriate to hear any matter pending before the Commission. Such hearing officer shall be a disinterested person and shall make a written report to the Commission on any hearing conducted by him. The Commission shall make a final determination based on the hearing officer's report. Any individual member of the Commission may act as a hearing officer.

actual reasonable moving expenses of the household as if the household members were displaced persons under section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894);

(2) Pay to each head of household whose household is required to relocate pursuant to the Act an amount which when added to the fair market value of the habitation and improvements purchased under paragraph (a) of this section equals the reasonable costs of a comparable replacement dwelling adequate to accommodate such household: Provided, That the additional payment authorized by this paragraph shall not exceed $17,000 for a household of three or less and not more than $25,000 for a household of four or more, except that the Commission may, after consultation with the Secretary of Housing and Urban Development, annually increase or decrease such limitations to reflect changes in housing or development and construction costs, other than costs of land, during the preceding year: Provided further, That the additional payment authorized by this paragraph shall be made only to a head of household required to relocate pursuant to the Act who purchases and occupies such replacement dwelling not later than the end of the twoyear period beginning on the date on which he receives from the Commission final payment for the habitation and improvements purchased under paragraph (a) of this section, or on the date on which such household moves from such habitation, whichever is the later date. The payments made pursuant to this paragraph shall be used only for the purpose of obtaining comparable replacement dwellings adequate to accommodate the households relocated pursuant to the Act.

(c) The Commission shall be responsible for the provision of housing for each household eligible for payments under this section in one of the follow. ing manners:

(1) Should any head of household apply for and become a participant or homebuyer in a mutual help housing or other home ownership opportunity

$ 700.10 Payments for relocation and pur

chase of improvements. (a) The Commission shall purchase from the head of each household whose household is required to relocate under the terms of the Act the habitation and other improvements owned by him on the area from which he is required to move. The purchase price shall be the fair market value of such habitation and improvements as determined under clause (2) of subsection (b) of section 13 of the Act.

(b) In addition to the payments made pursuant to paragraph (a) of this section, the Commission shall:

(1) Reimburse each head of household whose household is required to relocate pursuant to the Act for the

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