§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 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 inIclude 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 а 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 developed in accordance with the Act. (y) Resident (or Residency)

(1) Residency is established by fulfilling 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

(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]

(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

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.

$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

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.

$700.8 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