DAR File No. 40021

Navajo Trust Fund, Trustees

Rule R661-3

Utah Navajo Trust Fund Residency Policy

Notice of Proposed Rule

(New Rule)

DAR File No.: 40021
Filed: 12/28/2015 02:37:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is required by Subsection 51-10-205(4)(a).

Summary of the rule or change:

These rules provide a residency policy for applicant eligibility for Utah Navajo Trust Fund program funding.

State statutory or constitutional authorization for this rule:

• Subsection 51-10-205(4)(a)

Anticipated cost or savings to:

the state budget:

No aggregate anticipated cost or savings to state budget because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund.

local governments:

No aggregate anticipated cost or savings to local government because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund.

small businesses:

No aggregate anticipated cots or savings to small businesses because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund.

persons other than small businesses, businesses, or local governmental entities:

No anticipated costs or savings to any other individuals or entities because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund.

Compliance costs for affected persons:

Minimal cost to beneficiaries of the Trust Fund to obtain documentation necessary to prove residency.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact on businesses because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund.

David Damschen, State Treasurer

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Navajo Trust Fund
TrusteesRoom 180
350 N State Street
Salt Lake City, UT 84114

Direct questions regarding this rule to:

• Katharine Kinsman at the above address, by phone at 801-366-0140, by FAX at , or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/16/2016

This rule may become effective on:

02/23/2016

Authorized by:

David Damschen, State Treasurer

R661. Navajo Trust Fund, Trustees.

R661-3. Utah Navajo Trust Fund Residency Policy.

R661-3-101. Eligibility.

(1) To be eligible for program services from the Utah Navajo Trust Fund, a person must be a Navajo residing in San Juan County, Utah, as required by Public Law 90-306 adopted by Congress on May 17, 1968.

(2) To be considered "a Navajo" for purposes of this policy, a person shall meet the standards adopted by the Navajo Nation Council for membership in the Tribe, and provide proof thereof in the form of a Navajo Nation Certificate of Indian Blood ("CIB")

(3) To be considered a resident of San Juan County, Utah, an individual must provide:

(a) A resolution from a Utah Navajo Chapter, including the Blue Mountain Dine' Community, that the individual is a San Juan County, Utah resident. The Chapter shall obtain documentation in support of a claim of San Juan County, Utah residency such as:

(i). A San Juan County, Utah voter registration;

(ii) Utility bills for three consecutive years preceding residency determination,

(iii) Verification of house location by GPS,

(iv) San Juan County, Utah, School District records;

(v) A homesite lease, or,

(vi) Utah Drivers License

(b) Utah on-Reservation residents who are aboriginal Navajos (meaning descendants of original or earliest known inhabitants of the Utah Portion of the Navajo Reservation) and their dependents (as defined by the U.S. Internal Revenue Code) are considered to be residents eligible for UNTF programs. Each Chapter shall establish a Residency Committee to identify Aboriginal Navajos and their dependents.

(c) Off Reservation Utah residents and their dependents (as defined by the U.S. Internal Revenue Code) shall have a principal place of residence in San Juan County, Utah, for at least five (5) years immediately preceding the date of application for any UNTF program services, and shall have the present intention to continue residency in San Juan County, Utah, permanently or for the indefinite future.

(i) A person's "principal place of residence" is where the person's habitation is fixed and to which, whenever he/she is absent, he/she has the intention of returning daily for at least nine (9) months of the year. A person's habitation shall mean the physical location of his/her own home or the home of the parents or legal guardians, with whom the person resides.

(ii) A person does not become a resident merely because:

(A) he/she is present in San Juan County, Utah; or,

(B) he/she is in San Juan County, Utah temporarily with no intent to make San Juan County, Utah, his/her home.

(d) Upon establishing proof of marriage, a non-San Juan County, Utah spouse shall be deemed a resident qualified to apply for UNTF program services to the extent that his/her spouse qualifies and the couple maintains residency in San Juan County, Utah. Documentation proving marriage includes:

(i) a marriage certificate; or,

(ii) a Navajo Nation Affidavit of Marriage for traditional Navajo marriages; or,

(iii) a Navajo Nation common law marriage certificate.

(e) Adopted children acquire the resident status of their adoptive parents as of the date the decree of adoption is signed and the parents meet the required residency criteria.

(4) An applicant's residency shall be verified by a sworn statement by the applicant that he/she meets the residency standards required herein and shall be certified by Chapter officials of the Utah Chapter where the applicant resides.

 

R661-3-201. Challenges to Residency.

(1) An applicant's claim of residency may be challenged by any Utah Navajo Chapter official by filing a claim with the Utah Dine' Advisory Committee. The claim shall list with specificity the evidence why the applicant does not meet the residency requirement.

(2) In cases where a person's residency is in dispute, information contained in the population database used and maintained by UNTF in allocating resources between Chapters shall be provided to the Dine' Advisory Committee.

(3) After giving the applicant and the Chapter officer notice and an opportunity to be heard and/or an opportunity to submit written responses, the Dine' Advisory Committee shall determine whether the applicant meets the residency requirements. The decision of the Dine' Advisory Committee is final.

(4) If a person is determined to have been ineligible after he/she has benefited or received a UNTF program service, the person shall be obligated to reimburse UNTF for the cost of such services.

 

R661-3-301. Additional Documentation.

(1) The Trust Administrator may require additional documentation to meet residency criteria.

 

KEY: residency, San Juan County, Utah Navajo Trust Fund (UNTF), chapter resolution

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 51-10