DAR File No. 40892
This rule was published in the November 15, 2016, issue (Vol. 2016, No. 22) of the Utah State Bulletin.
Navajo Trust Fund, Trustees
Utah Navajo Trust Fund Residency Policy
Notice of Proposed Rule
DAR File No.: 40892
Filed: 10/15/2016 01:24:21 AM
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.
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.
This rule would not cause a change to the local government because the requirements on the local Navajo governments would be the same.
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
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 firstname.lastname@example.org
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:
Interested persons may attend a public hearing regarding this rule:
- 11/24/2016 10:00 AM, UNTF Office, 151 E 500 N, Blanding, UT
This rule may become effective on:
David Damschen, State Treasurer
R661. Navajo Trust Fund, Trustees.
R661-3. Utah Navajo Trust Fund Residency Policy.
(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 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:]
A San Juan County, Utah voter registration;]
Utility bills for three consecutive years preceding
Verification of house location by GPS,]
(iv) San Juan County, Utah, School
(v) A homesite lease, or,
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
(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: [
February 29], 2016
Authorizing, and Implemented or Interpreted Law: 51-10
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Tony Dayish at the above address, by phone at 435-678-1468, by FAX at 435-678-1464, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.