C.F.R. » Title 25 » CHAPTER IV—THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION › PART 700—COMMISSION OPERATIONS AND RELOCATION PROCEDURES › Subpart C—General Relocation Requirements

25 C.F.R. § 700.138

Persons who have not applied for voluntary relocation by July 7, 1986

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(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 provided a replacement home by the Commission. To be eligible for benefits (Housing and Moving Expenses), such persons must be, as of July 7, 1986, physically residing full time on land partitioned to a tribe of which they are not members and they must also otherwise meet all other current eligibility criteria.

(b) The Commission shall utilize amounts payable with respect to such households pursuant to 25 U.S.C. 640d-14(b)(2) and 25 U.S.C. 640d-34(a) for the construction or acquisition of a home and related facilities for such households.

(c) Persons identified by the Commission as potentially subject to relocation who have not applied for relocation assistance shall be contacted by the Commission as soon as practicable after July 7, 1986. At such time, the Commission shall—

(1) Request that the head-of-household choose an available area for relocation, and contract with the Commission for relocation; and

(2) Offer the relocatee suitable housing; and

(3) Offer to purchase from the head-of-household the habitation and improvements; and

(4) Offer provisions for the head-of-household and his family to be moved (e.g., moving expenses, etc.).

(d) If a person so identified fails to agree to move after the actions outlined in this section are taken by the Commission and suitable housing is available (or sufficient funds are available to assure the relocation assistance to which the relocatee may be entitled), the Commission will issue a ninety-day notice stating the date by which the person will be required to vacate the area partitioned to the Tribe of which he is not a member.

[51 FR 19170, May 28, 1986]
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2023–2025 · leading case: Johnnie Fuson v. Off. of Navajo & Hopi Indian Relocation, 134 F.4th 1010 (9th Cir. 2025).
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Johnnie Fuson v. Off. of Navajo & Hopi Indian Relocation, 134 F.4th 1010 (9th Cir. 2025). “See 25 C.F.R. § 700.138 . To qualify for benefits, an applicant had to show that (1) he was a resident of the land partitioned to the tribe 6 FUSON V.”
Fuson v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2023). “See 25 C.F.R. § 700.138 . Plaintiff is an enrolled member of the Navajo Nation 2 and applied for such benefits on August 26, 2010, but was denied by ONHIR.”
Bitah v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2025). “See 25 C.F.R. § 700.138 . 1 The Settlement Act also created ONHIR, which provides services and benefits for 2 relocation of individuals who resided on land that was allocated to the other tribe.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.