Title 25--INDIANS
Chapter IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION


Instructions Sec. 700.1 Purpose. 700.3 Assurances with respect to acquisition and displacement. 700.5 Supersedure of regulations. 700.11 Manner...


will not approve any programs or projects which may result in the acquisition of habitations and/or improvements, or in the displacement of any person, until such time...


formerly appearing in this part. However, any acquisition of property or displacement of a person occurring prior to the effective date of these regulations shall...


provide under these regulations shall be personally served, receipt documented, or sent by certified or registered first-class mail, return receipt requested. Each notice...


of a claim or an appeal under the regulations in this part may, on a case by case basis, be extended by the Commission. (b) The Commission may waive any requirement...


a fully informed applicant from voluntarily waiving any of his/her rights under the regulations in this part. A waiver of rights shall in no way constitute an...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.31] [Page 898] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.31 Applicability of definitions. Except where otherwise noted, the definitions appearing in this subpart A apply to the regulations in this part. [[Page 899]] ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.33] [Page 899] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.33 Act (The Act). (a) The Act. The Act is Pub. L. 93-531, (88 Stat. 1712, 25 U.S.C. 640d.) as amended by Pub. L. 96-305 (94 Stat. 929). ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.35] [Page 899] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.35 Applicant. A person who applies for relocation assistance benefits and agrees to relocate as required by the Act. ...


The application for relocation assistance benefits and agreement to move is Commission Form 69-R0001, completion of which is used for establishing the date...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.39] [Page 899] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.39 Appraisal. The appraisal is an estimate of the fair market value which is placed on the habitation and other improvements owned by a relocatee. ...


Commission to make an appraisal of the habitation and other improvements on the land owned by the relocatees. All compensation for the appraiser shall be paid by...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.43] [Page 899] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.43 Assistance payment. An assistance payment is the additional payment made to the certified eligible head of household pursuant to section 14(b) of the Act. This term is synonymous with ``incentive bonus''. ...


nonprofit organization or a farm operation, that is-- (a) Conducted primarily for the purchase, sale, lease and or rental of personal and/or real property, and/or for...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.47] [Page 899] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.47 Commission. The Navajo and Hopi Indian Relocation Commission is that entity established pursuant to 25 U.S.C. 640d-11 (section 12(a) of the Act). ...


of household is a person who has received notice from the Commission that he/she has been certified as eligible to receive certain relocation...


personal care, charge, and control of a minor child who resides in his/her household, or a person who fills the parental role but who is not...


dwelling selected by the head of a household as a replacement dwelling that meets the criteria of this section. A replacement dwelling is a dwelling that: (a) Is...


safe, and sanitary dwelling means a dwelling which-- (1) Meets applicable federal, state and local housing and occupancy codes; including but not limited to the...


one-half of his/her support from another or is under the custody, control and care of another. In instances where there are conflicting claims for the dependent status of...


residing within the area partitioned to the Navajo Tribe or a member of the Navajo Tribe residing within the area partitioned to the Hopi Tribe who must be relocated...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.61] [Page 900] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.61 Fair market value. Fair market value shall mean the value placed on the habitation and improvements owned by each head of household as determined pursuant to Sec. Sec. 700.117 through 700.121. ...


the production of one or more agricultural products or commodities including livestock, crops and timber for sale or home use, and customarily producing such products...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.67] [Page 901] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.67 Habitation. The term habitation means the dwelling(s) of each household required to relocate under the term of the Act. ...


A group of two or more persons living together at a specific location who form a unit of permanent and domestic character. (2) A single person who at the time his/her residence...


the land owned by a member of a household required to relocate under the terms of the Act, in addition to the habitation which improvements cannot readily be moved...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.77] [Page 901] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.77 Livestock. The term livestock shall mean all domesticated animals of every type owned by the displaced person. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.79] [Page 901] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.79 Marriage. Marriage is a legally recorded marriage or a traditional commitment between a man or woman recognized by the law of the Hopi Tribe or the Navajo Tribe. ...


for a replacement dwelling purchased by a certified eligible head of household is the average monthly cost for all mortgage payments, real property taxes, reasonable...


corporation, individual, or other public or private entity that is engaged in a lawful business, professional, or instructional activity on a nonprofit basis and that...


habitations and improvements to be acquired by the Commission pursuant to section 15(a) of the Act, which the Commission determines warrants consideration...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.87] [Page 901] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.87 Person. The term person means any individual, partnership, corporation, or association. ...


by the head of household in which he/she agrees to purchase an existing house or to construct a new house, the owner of such existing house or the builder of the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.91] [Page 901] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.91 Relocation report. The relocation report shall be the report prepared by the Commission and submitted to Congress pursuant to section 13(a) of the Act. [[Page 902]] ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.93] [Page 902] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.93 Relocation plan. The relocation plan shall be the plan prepared by the Commission and submitted to Congress pursuant to section 13(c) of the Act. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.95] [Page 902] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.95 Replacement housing funds. Replacement housing funds means those funds authorized to be appropriated pursuant to section 25(a)(1) of the Act. ...


of household and/or his/her immediate family were legal residents as of December 22, 1974, of the lands partitioned to the Tribe of which they are not members. [49...


an item, if offered for sale on the condition that it will be removed from the property at the buyer's expense, allowing a reasonable period of time to find a person buying...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.101] [Page 902] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.101 Single person. A single person is a widow, widower, unmarried or divorced person. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.103] [Page 902] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.103 Uniform Act. The term Uniform Act means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; 42 U.S.C. 4601 et seq.; Pub. L. 91-646). ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.105] [Page 902] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart A_General Policies and Instructions Sec. 700.105 Utility charges. Utility charges means the cost for heat, lighting, hot water, electricity, natural gas, butane, propane, wood, coal or other fuels water, sewer and trash removal. ...


General. The requirements of this subpart B apply to all Commission acquisition of habitations and/or improvements that occur on or after the effective date of...


invitation to owner. Before the initiation of negotiations, the Commission shall have the habitations and/or improvements appraised to its satisfaction and will attempt to...


in the acquisition process, the Commission shall issue a preliminary acquisition notice to the owner. The notice shall-- (a) Inform the owner of the Commission's interest...


Commission's appraisals shall be based upon nationally recognized appraisal standards and techniques to the extent that such principles are consistent with the concepts of...


Commission shall establish the amount of fair market value to be offered to the owner for the habitations and/or improvements. Such amount shall not be less than-- (1)...


At the time of the initiation of negotiations to acquire the habitations and/or improvements, the Commission shall furnish the owner, along with the...


Eligible costs. The Commission shall reimburse the owner for reasonable expenses he/she necessarily incurred incidental to the transfer of habitations...


Commission pursuant to the Act shall be disposed of in one of the following manners: (a) If the Commission determines that the property acquired constitutes a substantial...


acquisition of improvements shall be made in the following situations: (a) To individuals who have been denied benefits under these rules and who can prove ownership...


governing the provision of relocation payments and other relocation assistance under the regulations in this part. The relocation requirements of the regulations...


and Plan is in effect pursuant to the Act, the Commission shall issue a preliminary relocation notice to each person identified by the Commission as potentially subject...


Commission may carry out a relocation assistance advisory program which offers the services described in paragraph (b) of this section. If the Commission determines that a...


be considered for voluntary relocation assistance benefits, an applicant must have filed a completed application form with the Commission by the close of business on July...


(a) Pursuant to 25 U.S.C. 640d-14 (d)(3) heads-of-household who do not make timely arrangements for relocation by filing an application by July 7, 1986, shall be...


upon the failure or refusal of any relocatees to make timely arrangements to move, the Commission shall forward the names and addresses of such relocatees to the Secretary...


(a) Documentation. Any claim for a relocation payment under subpart D, E, F, G, or H of this part shall be submitted to the Commission on the appropriate Commission form and supported...


considerations apply to certified eligible heads of household who are legally separated or divorced and intend to establish separate eligibility. (a) Determination...


the estate of a deceased Certified Eligible Head of Household under the following circumstances: (1) If there is no household requiring relocation pursuant to the...


the Act, and these regulations, the head of household and/or immediate family must have been residents on December 22, 1974, of an area partitioned to the Tribe of which...


of household are eligible for moving and related expenses as prescribed in this subpart. A certified eligible head of household who lives on his/her business or...


Subject to the limitations contained in this subpart, a certified eligible head of household is entitled to actual reasonable expenses for-- ...


(a) A certified eligible head of household is entitled to actual reasonable expenses incurred in the search for a replacement dwelling. (b) Transportation,...


(a) Eligible costs. Subject to the limitations of Sec. 700.151(c) a certified eligible business, farm operation or nonprofit organization is entitled to...


(a) General. A certified eligible business is entitled to payment for actual direct loss of an item of tangible personal property incurred as a result...


(a) General. If an item of personal property, which is used as part of a business, farm operation or nonprofit organization, is not moved but is promptly replaced with a...


A displaced business, farm or nonprofit organization is entitled to an amount not to exceed $500 (five-hundred dollars), as determined by the Commission,...


is not entitled to payment for-- (a) The cost of moving any structure or other improvement in which the displaced person reserved ownership; or (b) Interest on...


person (other than an outdoor advertising display business who is eligible for a payment for his actual moving and related expenses under subpart D of these regulations)...


The fixed payment for moving and related expenses of a certified eligible head of household from a dwelling consists of-- (a) A moving expense allowance not to exceed $300...


(a) General. The fixed payment for moving and related expenses of a displaced business or farm operation that meets applicable requirements under this section is an...


net earnings. For purposes of this subpart, the average annual net earnings of a business or farm operation is one-half of its net earnings before Federal, State and local...


household may be granted temporary relocation resources, at the Commission's discretion, provided: [[Page 912]] (1) That the move is for a limited time period...


head of household who established his/her residency requirements in the area partitioned to the tribe of which he/she is not a member, is eligible for the...


benefit. The replacement housing benefit for a certified eligible head-of-household is an amount not to exceed fifty- five thousand dollars ($55,000) for a household of three or...


that all eligible heads of household receive a decent, safe and sanitary replacement dwelling in the following manner: (a) If the eligible head of household owns...


shall be expended or obligated in full at or before the time of original acquisition except as stated below. It is not anticipated that such exceptions would be common and...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.195] [Page 915] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart F_Incidental Expenses Sec. 700.195 General. Incidental expenses are those reasonable expenses, as determined by the Commission, to be incidental to the purchase of the replacement dwelling, but not prepaid. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.197] [Page 915] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart F_Incidental Expenses Sec. 700.197 Basic eligibility requirements. A certified eligible head of household is eligible for reimbursement of expenses that are incidental to the purchase of a replacement dwelling, as provided in Sec. 700.199 hereof. ...


paragraphs (b) and (c) of this section, the incidental expenses to be paid are those actually incurred by the displaced person incident to the purchase of the...


of household is eligible for the assistance payment pursuant to section 14(b) of the Act. (a) Amount of payment. The amount of payment shall be computed in accordance...


when the Commission determines that, unless it acts under the provisions of this subpart, there is a reasonable likelihood that replacement dwelling(s) will not be available on...


deprive any displaced person of any rights described elsewhere in these regulations. The Commission may meet its obligation to provide persons with reasonable opportunities...


The methods of providing last resort housing include, but are not limited to-- (1) Rehabilitation of, and/or additions to, an existing replacement dwelling; (2)...


a Management Manual passed, amended or repealed by a majority of the Commission at any regular or special meeting. The Management Manual is the prescribed medium...


the Commission implementing the requirement of subsection (a)(3) of the Freedom of Information Act, 5 U.S.C. 552(a)(3), which provides that the Commission ``upon any...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.237] [Page 917] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart J_Inspection of Records Sec. 700.237 Definitions. Act. As used in this subpart, ``Act'' means the ``Freedom of Information Act,'' 5 U.S.C. 552. ...


the Commission to make the records of the Commission available to the public to the greatest extent possible, in keeping with the spirit of the Freedom of Information Act. ...


inspect or copy records shall be made to the installation where the records are located. If the records are located at more than one installation or if the specific location of...


requested record shall be made available if (i) the record is not exempt from disclosure or (ii) the record is exempt from disclosure, but its withholding is neither required...


for records shall be processed promptly. A determination whether to grant or deny a request shall be made within no more than ten (10) days (excepting Saturdays, Sundays,...


been denied, in whole or part, the person submitting the request may appeal the denial to the Commission. (b) Time for appeal. An appeal must be received no later than...


requests for records shall be decided for the Commission by the Executive Director after consultation with the Commission's legal counsel. (b) Time limit. A...


pursuant to the provisions of paragraph (c) of this section, user fees shall be charged for document search and duplication costs incurred in responding to requests...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.255] [Page 923] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart K_Privacy Act Sec. 700.255 Purpose and scope. This subpart contains the regulations of the Navajo and Hopi Indian Relocation Commission implementing section 3 of the Privacy Act. ...


of the Privacy Act, 5 U.S.C. 552a. (b) Individual. As used in this subpart, ``individual'' means a citizen of the United States or an alien lawfully admitted for...


as that term is defined in Sec. 700.257(d), which the Commission maintains in a ``system of records,'' as that term is defined in...


records. Records subject to the Privacy Act shall contain only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required...


requires that records subject to the Act be maintained with appropriate administrative, technical and physical safeguards to insure the security and confidentiality of...


whose duties require handling of records subject to the Privacy Act shall, at all times, take care to protect the integrity, security and confidentiality of...


a system of records may be disclosed by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior...


a record is disclosed to any person, or to another agency, under any of the specific exceptions provided by Sec. 700.267(c), an accounting shall be made. (2) The...


of requests. (1)(i) An individual desiring to determine under the Privacy Act whether a system of records contains records pertaining to him shall address his inquiry to...


on request. (1) An individual inquiring to determine whether a system of records contains records pertaining to him shall be advised within ten (10) days (excepting...


his request, to gain access to his record or to any information pertaining to him which is contained in a system and to review the record and have a copy made of all or...


Requests for access to records shall be submitted to the system manager having responsibility for the system in which the records are maintained unless the system notice...


requests. A request made under this subpart for access to a record shall be granted promptly unless (1) the record was compiled in reasonable anticipation of a civil action...


(a) Right of appeal. If an individual has been notified that he/she is not entitled to notification of whether a system of records contains records pertaining to...


Medical rec ords shall be disclosed to the individual to whom they pertain unless it is determined, in consultation with a medical doctor, that disclosure should be made to...


of a record pertaining to him if be believes the record is not accurate, relevant, timely or complete, 5 U.S.C. 552a(d)(2). A request for amendment of a record shall...


for amendment. (1) A request for amendment of a [[Page 930]] record shall be submitted to the system manager for the system of records containing the...


petitions. In reviewing a record in response to a petition for amendment, the accuracy, relevance, timeliness and completeness of the record shall be assessed against the...


receipt. The acknowledgement of receipt of a petition required by Sec. 700.289(c) shall be dispatched not later than ten (10) days (Saturdays, Sundays and public legal...


has been rejected, in whole or part, the individual submitting the petition may appeal the denial to the Executive Director. (b) Time for appeal. (1) An...


decisions on initial petitions for amendment shall be decided for the Commission by the Executive Director after consultation with the Commission's legal counsel unless the...


the Executive Director under Sec. 700.295 rejects in whole or part, a petitioned for amendment, the individual submitting the petition may file with the system manager...


Source: 46 FR 46801, Sept. 22, 1981; 47 FR 15774, Apr. 13, 1982, unless otherwise noted. (a) Certifying Officer, as used in this subpart, means that...


determinations. (a) Initial Commission Determination concerning individual eligibility or benefits for any person who has filed a claim for benefits or...


hearings. All persons aggrieved by Initial Commission Determinations concerning eligibility, benefits, or for granting of life estate leases may have a Hearing...


hearings. Hearing requests shall be made in person or by letter and must be received by the Commission within thirty days after the notice letter was received, the...


The hearing shall be presided over and conducted by one of the Commissioners appointed pursuant to 25 U.S.C. 640d-11(b) or by such other person as the...


and documents. (a) Hearings shall be held as scheduled by the Presiding Officer. (b) Notice of the hearing shall be communicated in writing to the...


procedure. (a) At the hearing and taking of evidence the Applicant shall have an opportunity to: (1) Submit and have considered facts, witnesses, arguments,...


Applicants may submit post-hearing briefs or written comments to the Presiding Officer within fourteen days after conclusion of the hearings. In the event...


decisions. (a) The Presiding Officer shall submit to the Commission a written decision based upon the evidence and argument presented, within sixty days,...


Within 30 (thirty) days after receipt of the Presiding Officer's decision, the Commission shall affirm or reverse the decision and issue its final agency...


Commissioners. Commission determinations concerning issues other than individual eligibility or benefits which do not require a hearing may be appealed directly to...


96-305, 94 Stat. 929 (25 U.S.C. 640d). Source: 46 FR 27921, May 22, 1981; 47 FR 15774, Apr. 13, 1982, unless otherwise noted. The following standards...


pursuant to the following: (a) An applicant shall be considered to be disabled if he/she is unable to engage in any substantial gainful activity by reason of...


of applications filed pursuant to this section, the Commission shall group and award life estate leases in the following manner: (a) Applicants who are determined to...


the issuance of a life estate lease, the Commission shall, after consultation with the Tribe upon whose land the life estate lease will be located, establish the actual...


lease other than the life tenant, his or her spouse, and minor dependents and such persons who are necessarily present, as determined by the Commission, to provide for...


enter upon the life estate lease premises for the purpose of visiting the life estate lease residents so long as such visit does not exceed thirty (30) consecutive days in...


to each applicant to whom a life estate lease is granted, which lease shall contain the following: (a) The names of the persons entitled to reside on the life...


(a) The purpose of this subpart is to establish procedures for the submission, review and approval, and administration of applications for financial assistance...


640d), as amended. (b) Applicant means with respect to this subpart, any applicant as defined under Sec. 700.457(c) or Sec. 700.459(b). (c) Business means...


to applicants eligible under this subpart from funds available for any fiscal year. (b) To obtain financial assistance, an applicant shall submit an application...


(a) The purpose of applications for financial assistance under this section shall be to aid individuals subject to relocation under the Act and to assist the...


services. (a) The purpose of applications for financial assistance under this section shall be to aid individuals subject to relocation under the Act. For...


methods to solicit applications for funding: (1) The Commission shall issue an annual announcement of the availability of funds for programs which will most...


for funding assistance. The preapplication shall be due by the closing date published by the Commission, and shall consist of: (1) Standard Form 424; (2)...


financial assistance, completed plans and specifications are not required at the time an application is submitted for construction, technology, or another engineering...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.467] [Page 941] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart N_Discretionary Funds Sec. 700.467 Construction costs. Construction costs and costs relating to construction such as machinery and equipment, architect/engineer services, and administrative services may be allowable as determined by the Commission. ...


expenses are not allowable except in the following cases-- (a) An application for an annual contract for services under Sec. 700.457 or 700.459 may include...


assistance under this subpart, members of the Commission staff shall begin a preliminary review of the application with the intent of submitting a recommendation to...


funds in an amount not to exceed 5 percent of the funds authorized under this subpart for expenses relating to the administration of the discretionary fund including-- ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.475] [Page 942] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart N_Discretionary Funds Sec. 700.475 Reports. Reports shall be furnished by any recipient of financial assistance under this subpart, in such manner as may be required by the Commission. ...


(a) A State or local government (except an institution of higher education or a hospital since they are governed by paragraph (b) of this section), or the Navajo or...


of an application approved according to Sec. 700.471 fails to meet the requirements of this subpart, the Commissioners shall give notice to the recipient of their...


unless otherwise noted. This part prescribes appropriate standards of conduct and responsibilites, financial disclosure reports, and rules of ethics in the...


employee who has been employed to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days, either on...


all Commission personnel. Exceptions applicable to special Government employees and members of the Senior Executive Service are noted in the body of...


of Executive Direction. (1) The Chairman of the Commission shall prepare and submit to the Office of Personnel Management for approval, standards of employee conduct...


Ethics Official shall coordinate and manage the agency's ethics program. The Deputy Ethics Official shall serve as alternate Agency Ethics Official in the absence of...


required to file statements. (1) Members of the Commission shall submit Financial Disclosure Reports (SF-278) to the Deputy Ethics [[Page 946]] Counselor...


shall conduct themselves on the job so as to efficiently discharge the work of the Commission. Employees shall observe courtesy, consideration and promptness in dealing...


an employee uses, or appears to use, his or her official position to obtain benefits for himself or herself, close friends, relatives, or business associates. A conflict...


not engage in any personal, business, or professional activity, or receive or retain any direct or indirect financial interest, which places them in a position of conflict...


including gifts, entertainment and favors, (no matter how innocently tendered or received) from those who have or seek business dealings with the Commission, is prohibited as...


in outside work or other activity which does not create a conflict between the employee's private interests and official duties nor prevent employees from devoting...


Commission employees which take place after working hours and away from Commission premises are not matters for regulation, unless they violate the restrictions...


may engage in teaching, lecturing and writing about the relocation program, provided the Information which they present is public knowledge or would be made available...


official capacity business products or processes or the services of commercial firms for advertising publicity or sale purposes. Use of materials, products or services, by...


and seek the advice of the Designated Agency Ethics Official if he or she wishes to negotiate for future non-Federal employment with persons or organizations...


Government property and monies entrusted to their individual use or in connection with their official duties. An employee has a positive duty to protect and conserve...


(a) When an employee is on officially authorized travel his or her expenses are reimbursed by the Government. The employee may not request nor accept reimbursement in cash or...


to any position under his or her control, any individual [[Page 952]] who is a relative of the employee. No employee shall supervise a member of his or...


financial obligations in a timely manner, especially those imposed by law, such as Federal, state, or local taxes. For the purposes of this paragraph, ``just...


contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior or accept a gift from an employee receiving less...


any matter within the jurisdiction of any department or agency of the United States, knowingly or wilfully falsifies, conceals or covers up by a trick, scheme or device a...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.543] [Page 952] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart O_Employee Responsibility and Conduct Sec. 700.543 Gambling. An employee shall not sponsor or participate in any gambling activity during working hours on Government premises. ...


to excess is subject to removal (5 U.S.C. 7352). The Relocation Commission recognizes alcoholism and drug abuse as serious and treatable illnesses. Excessive absence...


Consuming alcohol or non-prescription drugs on agency premises, or while driving or riding in a Government vehicle, or during working hours are prohibited conduct...


a member of an organization of Government employees that advocates the overthrow of the United States' constitutional form of government (5 U.S.C. 7311). Employees are...


strictly prohibited from using Government franked envelopes with or without applied postage, or official letterhead stationery for personal business. (18...


official titles in conducting private business or participation in private or public group activities not concerned with official duties. Use is strictly limited to...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.555] [Page 953] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart O_Employee Responsibility and Conduct Sec. 700.555 Notary services. An employee may not charge a fee for performing notarial services as part of his or her job duties (EO 977 Nov. 24, 1908). ...


Federal employees can be found in 5 U.S.C. 73. In general, the law and the rules prohibit using official authority or influence for the purpose of interfering with...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.559] [Page 953] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart O_Employee Responsibility and Conduct Sec. 700.559 Equal opportunity. Commission personnel shall scrupulously adhere to the Commission program of equal opportunity regardless of race, color, religion, sex, age, handicap, or national origin. ...


employee misconduct which undermines the integrity of the employment relationship. All employees must be allowed to work in an environment free from unsolicited and unwelcome...


former Government employees. (a) Restrictions applicable to all former officers and employees-- (1) Permanent bar. A former Government employee is permanently barred...


acquaint themselves with Federal statutes which relate to their ethical and other conducts as employees of the Commission and of the Government. The attention of...


(a) Hopi reservation evictees. Hopi reservation evictees are those members of the Navajo Tribe who were evicted from the Hopi Indian Reservation as...


the Navajo Tribe and were evicted from the Hopi reservation as a consequence of the decision in the United States v. Kabinto shall be eligible to receive relocation assistance...


reservation evictees shall be entitled to receive the following assistance: (1) Relocation advisory services as provided in Sec. 700.135 of this part; (2) Moving...


following eviction to the Hopi partitioned Lands and who are eligible to receive benefits under the general regulations shall not receive benefits under this subpart...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.609] [Page 956] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart P_Hopi Reservation Evictees Sec. 700.609 Appeals. Appeals of eligibility, hearings and administrative review (appeals) will be administered under subpart L of this part. [[Page 957]] ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.611] [Page 957] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart P_Hopi Reservation Evictees Sec. 700.611 Application deadline. The deadline for receipt of applications for benefits under this subpart shall be 120 days following publication of these final rules. ...


(a) Act means Pub. L. 93-531 (88 Sat. 1712, 25 U.S.C. 640 et. seq.) as amended by Pub. L. 96-305 and Pub. L. 100-666. (b) New Lands means the land acquired...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.703] [Page 957] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart Q_New Lands Grazing Sec. 700.703 Authority. It is within the authority of the Commissioner on Navajo and Hopi Indian Relocation to administer the New Lands added to the Navajo Reservation pursuant to 25 U.S.C. 6-10(d)-10. ...


the Navajo Indians in achievement of the following objectives: (a) The preservation of the forage, the land, and the water resources on the New Lands. (b)...


New Lands within the boundaries of the Navajo Reservation held in trust by the United States for the Navajo Tribe which lands were added to the Navajo Reservation pursuant to...


permits is kept at the Office of Navajo and Hopi Indian Relocation in Flagstaff, Arizona. This list is composed of individuals eligible for New Lands grazing...


covered by a grazing permit authorized and issued by the Commissioner on Navajo and Hopi Indian Relocation. (b) Permit holders must: (1) Be enrolled Navajo...


be for five years and shall be automatically reissued for another five-year period provided the permittee is not in violation of Sec. 700.711 or 700.715 or 700.719 or...


(a) Grazing permits may be assigned or transferred with the written consent of the contracting parties. The Commissioner will issue a new permit provided the transferee...


for each range unit and set the stocking rate and adjust that rate as conditions warrant. The Commissioner may consult with the Tribe when making adjustments to the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.719] [Page 959] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart Q_New Lands Grazing Sec. 700.719 Establishment of grazing fees. The Commissioner may establish a minimum acceptable grazing fee per SUYL. The Commissioner may consult with the Tribe prior to establishing fees. ...


of each range unit will meet as a group and develop a Range Management Plan for the common use of the range unit. The plan will include but will not be limited to...


and assist range unit livestock associations in the management of livestock and range resources. (b) These associations will provide the means for the members: ...


New Lands become infected with contagious or infectious disease or parasites or have been exposed thereto, such livestock must be treated and the movement thereof...


grazing of livestock upon, or driving of livestock across, any of the New Lands without a current approved grazing or crossing permit. (b) The grazing of livestock upon...


within any range unit of the New Lands which are not removed therefrom within the periods prescribed by the regulation will be impounded and disposed of by the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.729] [Page 961] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart Q_New Lands Grazing Sec. 700.729 Amendments. These regulations may be amended or superseded as needed. ...


claim has been denied by the Range Supervisor may appeal to the Commissioner. Appeals must be made in writing and must be received by the Office not more than 30 days after...


(a) The regulations in this subpart implement provisions of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-11) by establishing...


to section 10(b) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ii). Section 10(b) of the Act (16 U.S.C. 470ii) [[Page...


(a) Act means the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470-aa-11). (b) Archaeological resource means any material remains of human life or...


otherwise alter or deface any archaeological resource located on the New Lands unless such activity is pursuant to a permit issued under Sec. 700.815 or exempted by...


to excavate and/or remove archaeological resources from the New Lands, and to carry out activities associated with such excavation and/or removal, shall apply to the Federal...


(a) Any person may apply to the appropriate Federal Land Manager for a permit to excavate and/or remove archaeological resources from the New Lands and to carry out activities...


sites on public lands having religious or cultural importance. (a) If the issuance of a permit under this part may result in harm to, or destruction of,...


a permit, for a specified period of time appropriate to the work to be conducted, upon determining that: (1) The applicant is appropriately qualified, as evidenced...


Federal Land Manager shall specify: (1) The nature and extent of work allowed and required under the permit, including the time, duration, scope, location and purpose of...


for cause. (1) The Federal Land Manager may suspend a permit issued pursuant to this part upon determining that the permittee has failed to meet any of the terms and...


issuance, denial of permit issuance, suspension, revocation, and terms and conditions of a permit through existing administrative appeal procedures, or through...


the decision of the Federal Land Manager with respect to the issuance or denial of a permit, the inclusion of specific terms and conditions in a permit, or...


Issuance of a permit in accordance with the Act and this part does not constitute an undertaking requiring compliance with section 106 of the Act of October 15,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR700.827] [Page 968] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 700_COMMISSION OPERATIONS AND RELOCATION PROCEDURES--Table of Contents Subpart R_Protection of Archaeological Resources Sec. 700.827 Custody of Archaeological resources. (a) Archaeological resources excavated or removed from the New Lands remain the property of the Navajo Nation. (b) [Reserved] ...


and repair. (a) Archaeological value. For purposes of this part, the archaeological value of any archaeological resource involved in a violation of...


may assess a civil penalty against any person who has violated any prohibition contained in Sec. 700.807 or who has violated any term or condition included in a permit issued...


Where the person being assessed a civil penalty has not committed any previous violation of any prohibition in Sec. 700.807 or of any term or condition included in a...


criminal prohibitions and provisions for criminal penalties. Section 8(b) of the Act provides that archaeological resources, vehicles, or equipment involved in a violation...


The Federal Land Manager shall not make available to the public under subchapter II of chapter 5 of title 5 of the United States Code or any other provisions of law,...


of the Interior, shall submit such information as is necessary to enable the Secretary to comply with section 13 of the...


(a) Under certain circumstances, a Federal land manager may determine, pursuant to Sec. 700.805(a)(5) of this part, that certain material remains are not or are no longer...


to the Act and this subpart, the written consent of the Navajo Nation is required. Written consent shall consist of a Navajo Nation permit issued in accordance with the...


Application. 720.103 Definitions. 720.104-720.109 [Reserved] 720.110 Self-evaluation. 720.111...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR720.102] [Page 973] TITLE 25--INDIANS CHAPTER IV--THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION PART 720_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP Sec. 720.102 Application. This part applies to all programs or activities conducted by the agency. ...


Division, U.S. Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an...


do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make...


regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in...


participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency,...


program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by...


because the agency's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be...


activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not-- (1) Necessarily require the agency to make each...


on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The...


other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford a handicapped person an...


the basis of handicap in programs or activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with respect...




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