25 C.F.R. § 700.147

Eligibility

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(a) To be eligible for services provided for under 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 they were not members.

(b) The burden of proving residence and head of household status is on the applicant.

(c) Eligibility for benefits is further restricted by 25 U.S.C. 640d-13(c) and 14(c).

(d) Individuals are not entitled to receive separate benefits if it is determined that they are members of a household which has received benefits.

(e) Relocation benefits are restricted to those who qualify as heads-of-household as of July 7, 1986.

[49 FR 22278, May 29, 1984, as amended at 51 FR 19170, May 28, 1986]
Notes of Decisions
Cited in 53 cases (39 in the last 5 years), 1984–2026 · leading case: Begay v. Off. of Navajo & Hopi Indian Relocation, 305 F. Supp. 3d 1040 (D. Ariz. 2018).
Begay v. Off. of Navajo & Hopi Indian Relocation, 305 F. Supp. 3d 1040 (D. Ariz. 2018). “(Plaintiff's Statement of Facts in Support of Motion for Summary Judgment ("PSOF"), Doc. 36 at ¶¶ 1, 3; Defendant's Controverting Statement of Facts ("DCSOF"), Doc.”
Nancy Walker v. Navajo-Hopi Indian Relocation Comm'n, 728 F.2d 1276 (9th Cir. 1984). “See 25 C.F.R. § 700.147 . Walker does not, and may not now for the first time, contest the determination that she is ineligible under the Commission’s criteria set forth in the regulations.”
Akee v. Off. of Navajo & Hopi Indian Relocation, 907 F. Supp. 315 (D. Ariz. 1995). · cites it 2× “25 C.F.R. § 700.147 (a) (1986). She can prove her legal residency on the Hopi Partioned Land (HPL) by proving a physical presence on the HPL in the form of substantial, recurring contacts and manifestations of her intent to maintain the HPL as her residence as of December…”
Manygoats v. Off. of Navajo & Hopi Indian Relocation, 735 F. Supp. 949 (D. Ariz. 1990). · cites it 2× “25 C.F.R. § 700.147 (a). The relocation benefits are only paid to those who qualify as heads of households.”
Johnnie Fuson v. Off. of Navajo & Hopi Indian Relocation, 134 F.4th 1010 (9th Cir. 2025). · cites it 3× “Johnnie filed an appeal in the district court challenging the denial of benefits under 25 C.F.R. § 700.147 . Both parties filed motions for summary judgment.”
Bedoni v. Navajo-Hopi Indian Relocation Comm'n, 878 F.2d 1119 (9th Cir. 1989). “25 C.F.R. § 700.147 (1982). Residency was established by fulfilling either of the following criteria: (1) Current Occupancy.”
Bedoni v. Navajo-Hopi Indian Relocation Comm'n, 854 F.2d 321 (9th Cir. 1988). “25 C.F.R. § 700.147 (1982). Residency was established by fulfilling either of the following criteria: (1) Current Occupancy.”
Attakai v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2024). · cites it 4× “4 See 25 C.F.R. § 700.147 (1982). The applicant bears the burden of proving legal residence 5 and head of household status.”
Shirley v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2024). · cites it 3× “14 at 101; 25 C.F.R. § 700.147 (a), (e). A married or single person may be head of household; 15 a single person qualifies as head of household if, while living “on land partitioned to the 16 Tribe of which he/she is not a member,” such person “actually maintained and supported…”
Fred Begay v. Onhir (9th Cir. 2019). · cites it 2× “25 C.F.R. § 700.147 (b). The hearing officer did not err in determining that testimony from Begay, his employer, and his coworker about Begay’s earnings was not credible.”
Millie Shaw v. Onhir (9th Cir. 2021). · cites it 2× “It is not disputed that Shaw’s family had both a summer and winter camp, and that the hogan for each camp was located on land that later became the Navajo Partitioned Lands (NPL).”
Shaw v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2020). · cites it 2× “25 C.F.R. § 700.147 . 16 II. Facts and Procedural History 17 Ms.”
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