A busy process: How to apply for a Navajo Nation homesite lease

Posted by Boderra Joe | Nov 9, 2023 | News |

TWIN LAKES, N.M. – If you are interested in applying for a homesite lease on the Navajo Nation but unsure where to start, you are in luck as the attorney general’s office has created a step-by-step guide. On Oct. 6, the AG’s office presented via Zoom how to apply for a homesite lease.

NNDOJ Attorney General Ethel Branch moderated the presentation for Veronica Blackhat, the assistant attorney general for the Natural Resource Unit, and Irvin Chee, the principal tribal court advocate. Blackhat and Chee presented a HSL flow chart that includes steps in applying the process.

What to consider before applying for HSL

Asking questions about the location of one’s proposed homesite lease should be considered before applying for a homesite lease to avoid delays, according to Blackhat.

Is your homesite in a reasonable location? Have you consulted with valid grazing permittee(s) that reside within half a mile of your proposed HSL location? Is your proposed HSL within a prime grazing area? Are you in compliance with your chapter’s CLUP (Community Land Use Plan) for residential development? and, have you reviewed the biological map to ensure your proposed HSL is within Area 3 or Area 4 from the biological resource land use clearance policies and procedures (RCP) map?

The RCP map indicates the sensitivity in the area: Area 1 (red), a susceptible area that may require further studies; Area 2 (purple), a moderately sensitive area; Area 3 (blue), low sensitivity and no impact; and Area 4 (gray), low sensitivity and no impact.

Development in Area 3 will proceed with timely planning and a low fragmented concentration of species concern. Some communities in Area 4 don’t support the habitat for species of concern. Therefore, development can proceed without further evaluation, according to RCP.

Something else to consider, Blackhat said, before you apply for an HSL, consider the cost. Are you willing to pay more than $1,000 for the environmental assessment if your proposed HSL is located within the red area?

This may include a HSL within a flood plain area, your closest neighbor’s location, and the potential sharing utility cost, which goes into infrastructure consideration.

Infrastructure involves determining how far the nearest power line is located from the proposed HSL, the nearest waterline or telecommunication line, and the access to cell services within your proposed HSL.

Suppose your proposed HSL is half a mile from the developed infrastructure. In that case, the cost is $16,500 per mile for power line extension or $8,000 per mile for waterline extension, which would require an environmental assessment because of the distance, according to Blackhat.

Additionally, are there accessible roads to your proposed HSL, or will a new road need to be created? And if so, can you pay for all roads, and can your chapter maintain them?

During inclement weather and emergencies, a proposed HSL is considered a liability to your chapter, including trash and junk vehicles requiring a clean-up.

Blackhat said there are various reasons to apply for an HSL: probate estate, which gives you possessory rights for land use and all improvements developed and allows one to enter into agreements with utility services, waterline agreements, and so forth.

HSL is required if requesting assistance from the chapter or veteran programs for bathroom additions, roof repairs, or installation of handicap ramps. Additionally, it provides collateral for mortgage and financing.

The HSL packet consists of the following documents: homesite lease application, Certificate of Indian Blood (and marriage license, if applicable), archeological inventory report compliance form, biological resource compliance form (BRCF), cultural resources compliance form (CRCF), environmental review letter, and certified legal survey plat and topographic (TOPO) maps.

Read the full story in the Nov. 9 edition of the Navajo Times.