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Utah Navajo Royalties Holding Fund

Residency Policy


To be eligible for program services from the Utah Navajo Royalties Holding 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.

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.

To be considered to be “residing in San Juan County, Utah” a person shall have had his/her principal place of residence in San Juan County, Utah for at least three years immediately preceding the date of application for any UNTF/UNRHF program services, and shall have the present intention to continue residency in San Juan County, Utah permanently or for the indefinite future.

The principal place of residence of any person shall be determined by applying the following rules:

  1. A person’s “principal place of residence” is that place in which the person’s habitation is fixed and to which, whenever he/she is absent, he/she has the intention of returning.  A person’s habitation shall mean the physical location of his/her own home or the home of the parents or grandparents with whom the person resides.

  2. A person does not become a resident merely because:
    1. He/she is present in San Juan County, Utah or
    2. He/she comes for temporary purposes without intending to make that county his/her home.
  3. A person who lives away from San Juan County for three years is presumed to have established residency elsewhere and to have become ineligible for UNTF/UNRHF program services.
  4. A person must be an enrolled member of the Navajo Nation, as shown by:
    1. A census number; and
    2. Being recognized by a Utah Chapter, including the Blue Mountain Diné Community.
  5. The place where a person’s family resides is presumed to be his/her place of residence.
    1. A person may rebut the presumption established in Subsection e) by proving his/her intent to remain at a place other than where his/her family resides.
    2. Upon establishing proof of marriage, the previous non-San Juan County, Utah spouse shall be deemed automatically eligible for UNTF/UNRHF program services to the extent that his/her spouse qualifies, if the couple maintains San Juan County, Utah residency.
  6. An applicant’s residency shall be verified by a sworn statement by the applicant that he/she meets the residence standards listed above and shall be certified by chapter officials of the Utah Chapter within which the applicants resides.
  7. In cases where a person’s residency is unclear it is appropriate to make use of the information contained in the population database maintained by the UNRHF.  The database contains information on persons living in San Juan County, Utah broken down by chapter and is used by the UNRHF to allocating resources between chapters.
  8. An applicant’s claim of residency may be challenged by any Utah chapter official by filing a claim with the UNRHF Management Team listing specific evidence that shows that the applicant does not meet the residence requirements.  After giving both sides notice and an opportunity to be heard and/or an opportunity to submit written responses, the UNRHF Management Team shall make a determination as to whether the applicant meets the residency requirements.  The decision of the UNRHF shall be the final administrative action.
  9. If a person is determined to have been ineligible after he/she has benefited or received a UNTF/UNRHF program service, the person shall be obligated to reimburse UNRHF for the cost of such services.
  10. Adopted children acquire the resident status of their adoptive parents from and after the date of their adoption.

 

The UNRHF Management Team reserve the right to amend this policy, either on it’s own initiative or at the request of Utah Navajo Chapters, at any time if it becomes apparent that is unworkable or needs revision.