HOMESITE

HOMESITE ELIGIBILITY REQUIREMENTS:

• The Navajo Nation shall not deny an application for a homesite lease based on the applicant´s sex, religious association, clan membership, political philosophy, personal grudges, chapter affiliation, income, education, public or private status, or tribal affiliation so long as the applicant meets all requirements required by law.
• Applicant(s) must be over 18 years of age.
• An applicant can apply for only one homesite lease, with such withdrawal limited to one acre or less of tribal trust land or fee land, excluding withdrawals of lands for residential subdivisions and other types of withdrawals, pursuant to 2 N.N.C. § 501.
• Applicant must be an enrolled member of the Navajo Nation, however, a non-member of the Navajo Nation who is legally married to an enrolled member of the Navajo Nation may be eligible through joint husband-wife application, with proof of such legal marriage, by issuance of a valid marriage license under the laws or jurisdiction of the Navajo Nation or any State.

WHAT TO CONSIDER BEFORE APPLYING FOR A HOMESITE LEASE (HSL)?

Is your homesite lease in a feasible location?

• Have you consulted with all valid Grazing Permittee(s) that reside within 1/2 a mile of your proposed HSL location?
• Is your Proposed Homesite Lease within a prime grazing area?
• Are you in compliance with the Chapter's Community Land Use Plans (CLUP) for Residential development?
• Have you reviewed the Biological Resource Land Use Clearance Policies and Procedures (RCP) map to insure your Proposed Homesite Lease is within Area 3 or Area 4 from the RCP Map?
• Area 1: (RED) Highly Sensitive Area, recommended no development with few exceptions, will require further studies ($600 - $1,800.00);
• Area 2: (PURPLE) Moderately Sensitive Area, moderate restrictions on development to avoid sensitive species/habitats, may require additional studies ($600 -$1,800.00);
• Area 3: (BLUE) Less Sensitive Area, few restrictions on development, may require additional studies ($600 -$1,800.00);
• Area 4: (GREY) Community Development Area, encouraged development with few or no restrictions;
• Are you willing to pay more than $1,000 for the Environmental Assessment, if your Proposed Homesite Lease is located within the RED biological high sensitive area?
• Is your Proposed Homesite Lease within a flood plain area?
• How far away is your closest neighbor?
• Have you considered sharing utility cost?

Infrastructure consideration?

• How far away is the nearest power line from your Proposed Homesite?
• How far away is the nearest water line from your Proposed Homesite?
• How far away is the telecommunication line from your Proposed Homesite?
• Will you be able to get cell services within your Proposed Homesite?
• Are you willing to pay $16,500 per mile for power line extension, if your Proposed Homesite is 1/2 mile away from developed infrastructure?
• Are you willing to pay $8,000 per mile for waterline extension, if your Proposed Homesite is 1/2 mile away from developed infrastructure? (Power line and Water line Extension over a 1/2 mile will require an Environmental Assessment.)

Road to your home?

• How will you enter into your Proposed Homesite? New road? Existing Road?
• How far is the access road to your Proposed Homesite Lease?
• Are you willing to pay for additional environmental assessments for your ingress and egress to your Proposed Homesite (all roads)? So, the chapter can provide maintenance service to your Proposed Homesite?
• Are you Willing to be considered a liability to the chapter during the inclement weather and emergency situation?

STEPS TO OBTAIN A HOMESITE LEASE (HSL):

• Application: Client shall pick up a HSL Application from Agency Land offices or online.
• Client will complete Page 2 (Acknowledgement), Page 3 (Joint Applicant Form-if applicable), and Page 4, Section 1.
• Client will then meet with a Grazing Officer to record the Proposed Homesite GPS coordinates to complete Page 4, Section 2.
• The Grazing Officer will also complete Page 5, Sections 1-3 on Page 5 to distinguish grazing permittee(s) affected within a ½ mile radius of the Proposed Homesite for their consent.
• Client then will meet with each grazing permit holder(s) to get their consent, if the grazing permittee consents to your Proposed Homesite Lease, they will sign Page 6 and the Grazing Officer will acknowledge the consent form.
• Submit Application & Fee Payments:
• Client should submit the Homesite Leases Application once you get the consent from the Grazing Officer and Grazing Permittee(s), with a money order of $30.00 for the Application Fee, made payable to the "Navajo Nation." (Non-Refundable)
• Navajo Fish & Wildlife Department:
• Navajo Nation Department of Fish & Wildlife will conduct a Biological Review of the Proposed Homesite. The Biological Request Form will be submitted to the Department of Fish & Wildlife electronically from the Homesite Lease Office. However, the client is responsible for submitting their payment to the main Fish & Wildlife Office by mail (P.O. Box 1480 Window Rock, AZ 86515) or walk-in. If there is NO biological concerns, then a Biological Compliance Form will be issued. If concerns do arise, the client will need to select another Proposed Homesite in Area 3 or 4 from the RCP Map.
• Archaeological Clearance:
• Client will need to hire a Private Archaeologist at their own expense to conduct a cultural resource investigation on the Proposed Homesite and report the findings to Navajo Historic Preservation Department for review. Client is responsible for submitting a copy of their receipt to NLD once completed.
• Navajo Nation Heritage and Historic Preservation Department (HPD):
• HPD shall issue a Cultural Resources Compliance Form (CRCF) if there are no archaeological concerns. Client is responsible for submitting a copy of the approved CRCF to NLD once complete.
• Legal Survey
• Client will need to hire a Certified Land Surveyor at their own expense to conduct a civil survey and survey plat for the Proposed Homesite. Client is responsible for submitting a copy of their receipt and survey plat to NLD once complete.
• Environmental Compliance Determination (ECD)
• General Land Department will conduct an Environmental Review of the Proposed Homesite. If there are NO Environmental concerns, a Clearance letter will be issued to the client. If a concern does arise a full-fledged Environmental Assessment will be required if the client still wishes to pursue that same location.
• Navajo Land Department Director Approval
• Upon verification for quality assurance by the NLD Agency Offices, the Homesite Lease Application package will be submitted to the NLD Manager, Byron Bitsoie, Sr. who will review ang give final approval on behalf of the Navajo Nation.
• If approved, copies of the approved Homesite Lease will be sent to the client, BIA, and Southwest Title Plant-Albuquerque, NM for recording.
• The first year´s HSL Rental Fee is expected to be paid before receiving your approved Homesite Lease. In the amount of $12 through a money order, made payable to the Navajo Nation.

MODIFICATION / TRANSFER OF AN APPROVED HOMESITE LEASE:

Can only be done in person at the Agency Land Offices. Modifications include change of marital tatus, name, probates, and adding/deleting an individual to/from an approved lease. Original Approved Homesite Lease with proof of identification and all other legal documents will be required.

• $45.00 filing fee, paid with a money order, made payable to the Navajo Nation (Non-refundable)
• Applicant must be 18 years or older
• Certificate of Navajo Indian Blood, must have enrollment number with the NN Census Office
• Marriage License, Divorce Documents, and/or Death Certificate
• Past unpaid Annual Fees (must be paid in full before any Modification can be done).
• All required compliance clearances need to be submitted; Certified Survey plat, Cultural Resource Compliance, Biological Clearance and an Environmental Compliance Determination. If you don't have one of these clearances then Navajo Land Department would have to request for the clearance before final approval.

FORMS/DOCUMENTS:

   » HOMESITE LEASE APPLICATION

   » HOMESITE LEASE FLOWCHART

   » CULTURAL RESOURCE CONSULTANTS & PRIVATE SURVEYORS

   » BIOLOGICAL RESOURCES CLEARANCE (Navajo Fish & Wildlife)

   » INVESTIGATION FORM

HOMESITE LEASE REGULATIONS:

   » HSL Regulations 2016
            »CAP-48-99 The Privacy Act 26
            »CM-9-50 NNC approved 750 feet highway ROW on both sides of highway 28
            »RCD-216-99 Community Cemeteries 30
            »RCD-289-93 Approving the Homesite Lease Policy and Procedures 32
            »RCJA-05-06 Approving and Promulgating New Rules for Land, Grazing and Farming Disputes 35
            »RCJY-133-01 10-Year Forest Management Plan 36
            »RCJY-142-92 Moratorium of New Homesites and Range Units within the Navajo Commercial Forest Area 38
            »RCMA-34-03 Biological Resource Land Use Clearance Policies and Procedures 40
            »RCN-194-02 OHA to Hear and Decide Disputes concerning Grazing Rights, Land Boundaries and Fences 43
            »RCS-51-85 Boundaries of Canyon De Chelly National Monument Moratorium
            »Homesite Policy and Procedure Approved on 1993