25 C.F.R. § 700.97
Residence
(a) Residence is established by proving that the head 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.
Notes of Decisions
Cited in 12
cases (8 in the last 5 years), 1984–2026 · leading case: Nancy Walker v. Navajo-Hopi Indian Relocation Comm'n, 728 F.2d 1276 (9th Cir. 1984).
Nancy Walker v. Navajo-Hopi Indian Relocation Comm'n, 728 F.2d 1276 (9th Cir. 1984). “11(b) [now codified at 25 C.F.R. § 700.97 and 700.147], The determination of eligibility requires an investigation and examination of facts relevant to each individual application.”
Larry Begay v. Onhir (9th Cir. 2019). “25 C.F.R. §§ 700.97 (a), 700.147(b). There is no dispute that in the spring of 1974 the Begay family transferred its primary residence from Old Branch to Whitewater, which was later designated Navajo Partitioned Land.”
Rosita Charles v. Off. of Navajo & Hopi Indian (9th Cir. 2019). “25 C.F.R. §§ 700.97 (a), 700.147(b). In light of the substantial deference afforded to such agency determinations, we observe no reversible error in the ONHIR’s conclusion.”
Hedy Bahe v. Off. of Navajo & Hopi Indian (9th Cir. 2019). “25 C.F.R. §§ 700.97 (a), 700.147(b). J. Bahe’s mother died in 1957.”
Millie Shaw v. Onhir (9th Cir. 2021). “See 25 C.F.R. § 700.97 (a). Shaw conceded that she lived on land partitioned to the Navajo Nation (Navajo Partitioned Land or NPL) in December 1974, and the majority correctly rejected her burden-shifting argument in which she sought to establish residency on HPL based on her…”
Begay v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2021). “” 25 C.F.R. § 700.97 . ONHIR 21 clarified in the preamble to the regulation that “The term ‘residence’ in the final rule is 22 meant to be given its legal meaning…which requires an examination of a person’s intent 23 to reside combined with manifestations of that intent.”
Fuson v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2023). “” 25 C.F.R. § 700.97 . Residence “is meant to be 28 given its legal meaning [] which requires an examination of a person’s intent to reside 1 combined with manifestations of that intent.”
Bitsuie v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2024). “3 See 25 C.F.R. §§ 700.97 , 147(a). 22 The Court recognizes that almost the entirety of the evidence in the record going to 23 manifestations of Plaintiff’s intent to reside at Howell Mesa comes from the testimony of 24 Plaintiff and his family.”
Manley Barton v. Off. of Navajo & Hopi Indian Relocation (9th Cir. 2025). “3d at 1122 (applying the version of 25 C.F.R. § 700.97 in effect in 1977). But since then, the regulations 10 BARTON V.”
Maloney v. Off. of Navajo & Hopi Indian Relocation (D. Ariz. 2025). “” 25 C.F.R. § 700.97 . 4 Residence “is meant to be given its legal meaning [] which requires an examination of a 5 person's intent to reside combined with manifestations of that intent.”
Manygoats v. United States Off. of Navajo & Hopi Indian Relocation (9th Cir. 2025). “See 25 C.F.R. §§ 700.97 (a) (“residence” means “legal residence”), 700.”
Yazzie v. United States Off. of Navajo & Hopi Indian Relocation (9th Cir. 2026). “22277 , 22278 (May 29, 1984); 25 C.F.R. § 700.97 (1983); Bedoni, 878 F.”
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