DAR File No. 40349

Navajo Trust Fund, Trustees

Rule R661-11

Utah Navajo Trust Fund Water Development Projects Culinary and Septic Systems

Notice of Proposed Rule

(New Rule)

DAR File No.: 40349
Filed: 04/21/2016 05:12:34 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:

The rule sets forth the requirements to obtain funding from the Utah Navajo Trust Fund for water development projects.

State statutory or constitutional authorization for this rule:

• Subsection 51-10-205(4)(a)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to state budget as a result of this rule because this rule sets out the requirements to receive funding from the Utah Navajo Trust Fund.

local governments:

There are no anticipated costs or savings to local government as a result of this rule because this rule sets out the requirements to receive funding from the Utah Navajo Trust Fund.

small businesses:

There are no anticipated costs or savings to small businesses as a result of this rule because this rule sets out the requirements to receive funding from the Utah Navajo Trust Fund.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of this rule because this rule sets out the requirements to receive funding from the Utah Navajo Trust Fund.

Compliance costs for affected persons:

There are no compliance costs for affected persons as a result of this rule because this rule sets out the requirements to receive funding from the Utah Navajo Trust Fund.

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

There is no fiscal impact on business as a result of this rule because this rule sets out the requirements to receive funding from the Utah Navajo 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 kkinsman@utah.gov

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:

06/14/2016

This rule may become effective on:

06/21/2016

Authorized by:

David Damschen, State Treasurer

R661. Navajo Trust Fund, Trustees.

R661-11. Utah Navajo Trust Fund Water Development Projects Culinary and Septic Systems.

R661-11-101. Objective.

The objective of the Water Development Project Program is to provide financial assistance to individuals and entities for Water Development Projects, culinary and septic leach field development, and development of wells for culinary, agricultural, or livestock water systems

 

R661-11-201. Role of the Chapter.

(1) Applications, budget preparation, updates and progress reports, shall be processed through the applicants' Chapter.

(2) Water development proposals must comply with Chapter project guidelines.

 

R661-11-301. Eligibility.

(1) The following water development project categories shall be considered eligible for funding applications:

(a) Culinary water and other plumbing systems for homes.

(b) Septic systems and leach fields for homes.

(c) Water well development systems for livestock.

(d) Water well development for Agricultural purposes.

(e) Well drilling, reservoir repair, and water tank placement for community purposes.

(2) Multi-user projects re preferred over single-user projects, although this program is available for individual homeowners who have match-funding.

 

R661-11-401. Procedures.

(1) Applications must include a plan developed in association with a utility company, the Indian Health Service, or Navajo Nation Water Resources

(2) Applications shall describe in detail the nature of the water or waste water project, including, but not limited to:

(a) the exact location of the well and lines to be installed;

(b) the number of housing units and/or families that will benefit from the project

(c) specifications on the amount of material needed for the project;

(d) the equipment to be used; and,

(e) labor costs.

(3) Applications must include appropriate documentation of required clearances from the Navajo Nation Division of Resources - Department of Water Resources, Navajo Nation Land Department, Navajo Nation Farmland Management, Navajo Nation Environmental Protection Agency and other applicable agencies.

(4) If the project involves culinary water development applications must include written verification that the project meets Indian Health Service requirements for public use and safety standards. Chapters shall work closely with IHS on all culinary water development projects.

(5) Applications shall list all match-funding agencies and their responsibility and contribution to the project. Chapters should identify and utilize every possible funding agency in order to provide adequate funding for the project.

(6) Applications shall include a resolution from the Chapter confirming support of the project.

(7) Contractors or sub-contractors hired by the Chapters to install indoor shall provide proof of insurance, bonding and warranties.

 

R661-11-501. Retainage.

Ten percent (10%) of UNTF funding will be retained; the Chapter may request final payment of the 10% retainage amount after a final inspection of the completed project is made and the Chapter has approved payment.

 

R661-11-601. Program Effectiveness Metrics.

(1) Multi-user water projects shall be completed within 2 years of approval by the UNTF.

(2) Single-user septic and/or water projects shall be completed within 6 months of approval by the UNTF.

 

KEY: Utah Navajo Trust Fund (UNTF), water projects

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, Implemented, or Interpreted Law: 51-10-205(4)(a)