DAR File No. 40350

Navajo Trust Fund, Trustees

Rule R661-12

Utah Navajo Trust Fund Homesite Lease Assistance Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 40350
Filed: 04/21/2016 05:22:29 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 provides the requirements to obtain funding from the Utah Navajo Trust Fund to assist with obtaining a homesite lease on Navajo Reservation.

State statutory or constitutional authorization for this rule:

• Subsection 51-10-205(4)(a)

Anticipated cost or savings to:

the state budget:

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

local governments:

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

small businesses:

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

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of this rule because the rule sets out the requirements to obtain 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 the rule sets out the requirements to obtain 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 businesses as a result of this rule because the rule sets out the requirements to obtain 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.

R661-12. Utah Navajo Trust Fund Homesite Lease Assistance Program.

R661-12-101. UNTF Funding.

(1) UNTF will fund the costs associated with obtaining a Homesite Lease (HSL) for eligible families for the purpose of building a house, except the cost of the filing fee.

(a) UNTF will fund the costs for Land Surveys and/or Archaeological Clearances and/or Biological Review conducted by the Navajo Nation Fish and Wildlife Department for "Data/Species of Concern" and/or environmental assessment, if necessary.

(b) The application filing fee is not an eligible expense.

 

R661-12-201. Chapter Obligations.

(1) The requesting Chapter or organization will ensure that the client has obtained approval from the Grazing Permit holder and the Chapter's Grazing Committee Representative.

(2) The requesting Chapter or organization will ensure that the client has applied to the Navajo Land Department, and has paid their application fees.

(3) All requesting Chapters must fill out the UNTF Homesite Lease Application form on behalf of the applicant and submit the request to UNTF along with all required documents including an official Chapter Resolution.

(a) Chapters are encouraged to include as many clients as possible under this program and submit the request as a group project in order to minimize costs per client.

(b) Chapters may obtain quotations for eligible activities under this program or request UNTF to obtain quotations after the Chapter has approved the applicant.

(4) The Chapter shall report to UNTF staff when construction of a house begins on the lease site in which UNTF has paid for the Land Survey or Archaeological Clearance or other eligible expenses under this program.

 

R661-12-301. Procedures to Obtain UNTF Funding Assistance.

(1) Chapters must comply with the Homesite Lease Procedures of the Navajo Nation.

(2) Applicants shall:

(a) Obtain consent from the Grazing Permit Holder(s) to obtain a HSL and for the construction of a house;

(b) Notify surrounding neighbors of Applicants plans to withdraw land for a homesite lease.

(c) Contact local Chapter Grazing Committee representative to schedule a site visit to the proposed HSL area and mark the proposed corners of the HSL site with sturdy move-resistant objects.

(d) Obtain HSL Field Clearance Certification from the Grazing Committee.

(e) Submit to the Navajo Land Department all required documents.

(f) Coordinate and work with the Chapter for HSL funding assistance.

(g) Follow all the requirements of the HSL process.

 

R661-12-401. Documentation Required to Apply for UNTF HSL Assistance.

(1) A Chapter Resolution supporting HSL assistance for the applicant which identifies Land Survey or Archaeological Clearance assistance or both.

(2) A Navajo Nation Home Site Lease application and fee receipt from the Navajo Nation Land Department.

(3) A detailed map that shows the exact location of the HSL.

(a) The map can be hand drawn or an area map printed from the internet or map book.

(b) Landmarks such as Chapter Houses and other identifiers should be drawn on the map.

(c) The map should be drawn or identified so as to guide anyone that is not familiar with the area to the HSL site.

(d) The GPS coordinates shall be written on the map if that information is available.

(e) The Grazing Committee representive shall review the map for accuracy.

(4) All relevant materials should be gathered, packaged, and included in the funding proposal package including survey plats if that is available.

 

KEY: Utah Navajo Trust Fund (UNTF), homesite leases

Date of Enactment or Last Substantive Amendment: 2016

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