Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R661. Navajo Trust Fund, Trustees.

Rule R661-3. Utah Navajo Trust Fund Residency Policy.

As in effect on October 1, 2019

Table of Contents

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) 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.

(b) A 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,

(ii) A San Juan County, Utah or Utah Navajo Chapter voter registration,

(iii) Utah Drivers' License or state-issued identification card,

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

(v) A homesite lease,

(vi) Verification of house location by GPS, or,

(vii) Dwelling unit rental receipts.

(d) 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.

(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.

(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

March 14, 2017

Authorizing, Implemented, or Interpreted Law

51-10


Additional Information

Contact

For questions regarding the content or application of rules under Title R661, please contact the promulgating agency (Navajo Trust Fund, Trustees). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.