DAR File No. 40829

Navajo Trust Fund, Trustees

Rule R661-3

Utah Navajo Trust Fund Residency Policy

Notice of 120-Day (Emergency) Rule

DAR File No.: 40829
Filed: 09/23/2016 11:34:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to enable the Utah Navajo Trust Fund (UNTF) to award college financial assistance and scholarships to eligible Utah Navajo students to attend post-secondary education.

Summary of the rule or change:

The change revises the procedure to determine residency by individual documentation and approval instead of the current rule requirements of using a Chapter residency committee to determine residency and to determine progenitors.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: Eligible Utah Navajo students are requesting funding as soon as possible, and UNTF is seeking to award these students with college financial assistance and scholarships, but the current requirements call for Utah Navajo Chapters to set up Residency Committees to approve residency and to identify progenitors under the new rule that is in effect as of 09/01/2016, but the Chapters have not set up committees. UNTF is proposing to revise the new rule so that it eliminates the use of outside committees and places the primary responsibility of verifying residency on UNTF, a state agency, so that each applicant's request can be reviewed and approved on an individual basis in much the same way as before under previous UNTF and UNRHF administration.

Statutory or constitutional authorization for this rule:

• Title 51, Chapter 10

Anticipated cost or savings to:

the state budget:

This rule would not cause a cost nor savings to the state budget because UNTF funding source is from oil royalties, and UNTF does not receive an appropriation of general funds from the state.

local governments:

This rule would not cause a change to the local government because the requirements on the local Navajo governments would be the same.

small businesses:

This rule would not cause a change to small businesses because UNTF does not interface with small businesses in order to administer this program.

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

Persons will be positively affected. Eligible Utah Navajo students will be awarded college financial assistance and scholarships, and the colleges and universities where these students will be attending will be able to receive these funds. The impact of how much students and economic enterprises associated with college financial assistance and scholarship funds being awarded to college students cannot be estimated because there are various unknown factors such as how many students will be awarded, how much they will be awarded, and how these funds will be used but UNTF averages about $580,000 of college financial assistance per year.

Compliance costs for affected persons:

The affected persons will not incur any change in costs but will enjoy the benefit of receiving these monies for higher education purposes.

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

There will be a positive effect on businesses in the form of the college receiving monies for tuition and fees, as well as bookstores; student supply stores; stores selling electronics such as iPads, laptops, etc.; stores; grocery stores; apartments or college housing; eating establishments; stores that sell gasoline, etc.

David Damschen, State Treasurer

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Tony Dayish at the above address, by phone at 435-678-1468, by FAX at 435-678-1464, or by Internet E-mail at tdayish@utah.gov

This rule is effective on:

09/23/2016

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") that shows the Navajo tribal census number.

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

(a) [A resolution ]Utah Navajo Residency Verification Form (UNTF Form R3101-1) 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:]

(b) Birth certificate and;

(c) a minimum of three of the following items that support a claim of San Juan County, Utah residency (listed in order of preference):

(i). Utility bills,[A San Juan County, Utah voter registration;]

(ii) A San Juan County, Utah or Utah Navajo Chapter voter registration,[Utility bills for three consecutive years preceding residency determination,]

(iii) Utah Drivers License or state-issued identification card,[Verification of house location by GPS,]

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

(v) A homesite lease, or,

(vi) [Utah Drivers License]Verification of house location by GPS,

(vii) Dwelling unit rental receipts.

[(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]d) [Off Reservation ]Utah Navajo 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.

(iii) A person does not lose his/her place of residence merely by leaving for:

(A) military service,

(B) volunteer service, such as religious service or social service (Peace Corps, VISTA, Americorps, etc.),

(C) post-secondary educational purposes.

([d]e) 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]f) 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. Adopted children must also meet the Navajo Nation tribal enrollment requirements evidenced by a Certificate of Indian Blood (CIB) document.

(4) An applicant's residency shall be verified by a sworn statement (UNTF Form R3101-2) by the applicant that he/she meets the residency standards required herein and shall be certified by Chapter officials of the Utah Chapter (UNTF Form R3101-1) 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.

 

R661-3-401. Forms.

R3101-1 Utah Navajo Residency Verification

R3101-2 Applicant's Statement Affidavit

 

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

Date of Enactment or Last Substantive Amendment: September 23, 2016

Authorizing, and Implemented or Interpreted Law: 51-10