§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.

§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.

§700.5 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 lying 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 habitation and other improvements owned by a relocatee that are fixtures on the land, which cannot be moved without

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; a 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,

700.6 Development of a relocation repoft. 700.7 Relocation.

700.8 Commission hearings.

700.9 Hearing officers.

700.10 Payments for relocation and purchase 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. 640d-640d-24).

SOURCE: 41 FR 49982, Nov. 12, 1976, unless otherwise noted.

§ 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).

§ 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).

§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.

§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.

§700.5 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 lying 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 recipient.

(d) Appraisal. An "appraisal" shall refer to the value placed on the habitation and other improvements owned by a relocatee that are fixtures on the land, which cannot be moved without

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; a 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 inIclude a kitchen with a full usable sink,