I will do my best to keep up with Council Debate so excuse my grammar and spelling, please. And I’ll try to fill in additional information when time permits.
COUNCIL debating adoption of its agenda:
COUNCIL DELEGATES RICKIE NEZ – WILSON STEWARD make motion to ADD 0109-20 Extend Hemp Pilot Research Project by NM State University at Navajo Agricultural Products Industry.
NNC DELEGATE HERMAN DANIELS Ask Delegate R.Nez ADD Legislation 0120-20 which is OVERRIDE of presidential veto
RICKIE NEZ oks addition of 0120-20 to his Amendment to Add Hemp pilot project legislation.
DELEGATE WILSON STEWARD HOLDS MAIN MOTION and agrees to add 0109 and -120-20
THOMAS WALKER-RAYMOND SMITH make amendment to MODIFY AMENDMENT AND ADD 0113-20 which would enact CARES EXPENDITURE FUND ACT
10:30 AM
DELEGATE HERMAN DANIELS
ADD Report from Navajo Public Safety Director Jessie Delmar & Navajo Police Chief Phillip Francisco regarding Bootlegging.
DELEGATE EDMUND YAZZIE
Two CARES Act. Recommend that president and Council sit down so not divided. Leave up to you colleagues. With 2 bills there will be confusion. Right now President’s CARES bill in five-day comment period.
DELEGATE RAYMOND SMITH
Understand 2 bills and compete with one another. We did 5 day comment process and why special NNC (Navajo Nation Council) today so keep motion.
SPEAKER SETH DAMON Recap: Nez – Stewart hold motion to adopt agenda.
10:47 am
DELEGATE HERMAN DANIEL Request to ADD report from Navajo Area Directo and Chief of Staff Chaco
DELEGATE RICKIE NEZ Yes
DELEGATE HENIO Thank Smith hold ground on CARES Act and move forward without interruption.
DELEGATE EDMUND YAZZIE Confusion, we have good understanding of bill but when return to area pple ask. Not saying we are confused. There is confusion in communities. Past experience working with NNC for many, many, many years. Ask for respect that we add President’s bill.
DELEGATE NATHANIEL BROWN Request regarding Legislation 0115-20 for Kayenta Township statements regarding CARES expenditure plan be attached to Legislation 0115-20 Navajo CARES Act.
SPEAKER SETH DAMON We are adding to agenda and if concern on bill then discuss later and add.
DELEGATE BROWN
Delegate Edmund Yazzie says Council confusied over 0115-20 support. No confusion by myself or my people. My FB shows complete support. No challenges or anything. Let Delegate Edmund Yazzie know we worked on and disrespectful to say we are confused.
EDMUND YAZZIE
Apologize to everyone. Guess beat up Edmund Yazzie day.
COUNCIL VOTING on ADDITION of four bills and two reports to AGENDA (Green is a YES vote)
Elmer begay Green
Kee Green
Paul Begay Green
Brown Green
Charles Newton Green
Crotty Green
Daniel Green
Halona green
Henio Green
Smith Green
Stewart Green
Daniel Tso
OTTO GREEN
Wauneka Green
Edmund Yazzie Green
Yellowhair Green
Freeland green
Slater Green
James
Eugene Tso
VOTE, 21-0, 10:59 am
COUNCIL adopts agenda with VOTE of 21-0, 11:14 am
APPROVED AGENDA OF THE 24th NAVAJO NATION COUNCILnSPECIAL SESSION VIA TELECONFERENCE, May 15, 2020 – 10:00 AM, Window Rock, Navajo Nation (AZ), PRESIDING: Honorable Seth Damon, Speaker, 24th Navajo Nation Council
- CALL MEETING TO ORDER; ROLL CALL; INVOCATION
- RECOGNIZE GUESTS AND VISITING OFFICIALS
- REVIEW AND ADOPT THE AGENDA
(m) Honorable Pernell Halona (s) Honorable Eugene Tso (v) 21 – 0 - OLD BUSINESS: None
- NEW BUSINESS:
(A) LEGISLATION 0048-20: An Action Relating to Resources and Development, Budget and
Finance, and Naabik’íyáti’ Committees and Navajo Nation Council; Approving Supplemental
Funding from the Unreserved, Undesignated Fund Balance in the Amount of Two Million Dollars
($2,000,000.00) for the Navajo Nation’s Department of Justice Water Rights Litigation Unit to
Continue Litigating on Behalf of the Navajo Nation and to Protect the Navajo Nation’s Water
Rights; Waiving 12 N.N.C. §§ 820 (E) and (F) 2/3
SPONSOR: Honorable Elmer P. Begay
(m) (s) (v)
(B) LEGISLATION 0081-20: An Action Relating to an Emergency for the Navajo Nation;
Approving Supplemental Funding from the Unreserved, Undesignated Fund Balance in the
Amount of Two Million, Four Hundred Sixteen Thousand, Seven Hundred Forty-Seven dollars
($2,416,747) to the Navajo Nation Division of Public Safety 2/3
SPONSOR: Honorable Eugenia Charles-Newton
CO-SPONSOR: Honorable Jamie Henio
CO-SPONSOR: Honorable Otto Tso
(m) (s) (v)
(C) LEGISLATION 0101-20: An Action Relating tonaabik’íyáti’ and Navajo Nation Council; Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution CAP-18-20 SPONSOR: Honorable Jamie Henio
(m) (s) (v)
(D) LEGISLATION 0102-20: An Action Relating to Naabik’íyáti’ and Navajo Nation Council;
Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution CAP-19-20
2/3 SPONSOR: Honorable Amber Kanazbah Crotty
CO-SPONSOR: Honorable Mark A. Freeland
CO-SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Thomas Walker, Jr.
(m) (s) (v)
(E) LEGISLATION 0103-20: An Action Relating to Naabik’íyáti’ and Navajo Nation Council;
Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution CAP-17-20
2/3 SPONSOR: Honorable Eugenia Charles-Newton
CO-SPONSOR: Honorable Mark A. Freeland
CO-SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Thomas Walker, Jr.
(m) (s) (v)
(F) LEGISLATION 0120-20: An Action Relating to an Emergency for the Navajo Nation;
Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution CAP-28-20
2/3 SPONSOR: Honorable Paul Begay
(m) (s) (v)
(G) LEGISLATION 0112-20: An Action Relating to an Emergency; Waiving 13 N.N.C. §§ 1901-
1903 (Burial Statute), 13 N.N.C. §§ 1951-1953 (Cemeteries), 16 N.N.C. §§ 2251-2253 (Navajo
Nation Civil Trespass Act), 16 N.N.C. §§ 2301 et seq. (Navajo Nation General Leasing
Regulations) as Relates to Obtaining a Lease for Family Burial Plots, Guidance on Burials,
Community Cemeteries, Family Plot Burials and Related Services Section (G), RDCJN-33-15, the
Navajo Land Department’s Land Withdrawal Designation Regulations, and, RDCO-74-16, and
Homesite Lease Regulations Section 17.08 (J) to Allow Family Members to Bury their Loved Ones
in Family Burial Plots During this State of Emergency Due to the COVID-19 Virus; Waivers to be
for a Limited Time; and Compensation and Due Process Pursuant to 16 N.N.C. 1401 et seq. Shall
be Afforded to Land Users who have not Consented to the Use of their Land for Family Burial
Plots 2/3 SPONSOR: Honorable Amber Kanazbah Crotty
CO-SPONSOR: Honorable Seth Damon
(m) (s) (v)
(H) LEGISLATION 0030-20: An Action Relating to Health, Education and Human Services and
Naabik’íyáti’ Committees and Navajo Nation Council; Amending CAP-19-16, Titled, “ApprovinGthe Navajo Nation Permanent Fund Income Five Year Expenditure Plan and Waiving 12 N.N.C. §
1162 (B) for a Limited Time Period”; Reallocating Funds in Year 4 from Office Buildings to the
To’hajiilee Development Plan SPONSOR: Honorable Jamie Henio
CO-SPONSOR: Honorable Daniel E. Tso
(m) (s) (v)
(I) LEGISLATION 0042-20: An Act Relating to Law and Order, Health, Education and Human
Services, Naabik’íyáti’ and the Navajo Nation Council; Amending Diné College Board of Regents
Qualifications Provisions at 10 N.N.C. §§ 2003, 2004, 2005 and 2008; Superintendent and Board
of Education Members SPONSOR: Honorable Daniel E. Tso
(m) (s) (v)
(J) LEGISLATION 0049-20: An Action Relating to Resources and Development Committee,
Naabik’íyáti’ Committee and the Navajo Nation Council; Rescinding CO-47-12; Re-affirming
CAP-11-11; and Respectfully Requesting the United States Congress Enact Legislation Consistent
with the Principles Stated in CAP-11-11 and the Eastern Navajo Agency Land Consolidation Goals
of the Navajo Nation SPONSOR: Honorable Mark A. Freeland
CO-SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Edmund Yazzie
(m) (s) (v)
(K) LEGISLATION 0109-20: An Action Relating to the Resources and Development Committee,
Naabik’íyáti’ Committee and Navajo Nation Council; Extending Resolution CJN-24-19,
Approving and Authorizing the Navajo Agricultural Products Industry to Extend and Expand the
Hemp Pilot Research Project with New Mexico State University Under the Provisions of the 2014
Farm Bill; Creating a Singular Exception to the Navajo Nation’s Prohibition on the Cultivation,
Growth, Possession, Development or Propagation of Hemp
SPONSOR: Honorable Rickie Nez
(m) (s) (v)
(L) LEGISLATION 0113-20: An Act Relating to Law and Order Committee, Naabik’íyáti’
Committee and the Navajo Nation Council; Enacting 17 N.N.C. § 338 Excessive Pricing during a
Declared State of Emergency SPONSOR: Honorable Thomas Walker, Jr.
CO-SPONSOR: Honorable Seth Damon
(m) (s) (v)
(M)LEGISLATION 0115-20: An Action Relating to Law And Order, Budget and Finance, and
Naabik’íyáti’ Committees, and the Navajo Nation Council; Waiving 12 N.N.C. §§ 301 et seq.;
Enacting the “Navajo Nation CARES Fund Act” by Amending Title 12 of the Navajo Nation Code
and Establishing “The Navajo Nation CARES Fund” to be Comprised of the Nation’s Share of the
Coronavirus Relief Fund Received from the United States Pursuant to Title V of the Coronavirus
Aid, Relief, And Economic Security Act (“CARES ACT”)
SPONSOR: Honorable Seth Damon
(m) (s) (v)
- REPORTS
(A) Report on Alcohol Bootlegging on the Navajo Nation by Jesse Delmar, Executive Director –
Division of Public Safety, and Phillip Francisco, Navajo Nation Public Safety Police Chief
(m) (s) (v)
(B) Report on Facility Use Agreement Needing Tribal Resolutions by Bartholomew Stevens, Regional
Director – Navajo Region/Bureau of Indian Affairs
(m) (v) (v)
(C) Report on IHS/638 Hospitals by Roselyn Tso, Navajo Area Indian Health Services Director , and
Paulson Chaco, Chief of Staff – Office of the President/Vice President
(m) (s) (v) - CLOSE OF SESSION; ANNOUNCEMENTS; ADJOURNMENT
CORRECTION 0048-20 DOES NOT seeks Council approval of $2.4M for Navajo Public Safety Division & Navajo police.
LEGISLATION 0048-20 went before Resources and Development, Budget and
Finance, and Naabik’íyáti’ Committees before going before the Navajo Nation Council for Council approval of $2 million in Supplemental Funding from the Unreserved, Undesignated Fund Balance for the Navajo Nation’s Department of Justice Water Rights Litigation Unit to Continue Litigating on Behalf of the Navajo Nation and to Protect the Navajo Nation’s Water
Rights; Waiving 12 N.N.C. §§ 820 (E) and (F). Requires approval of Council with 2/3 vote or 16 Yes votes.
SPONSOR: Honorable Elmer P. Begay
OTTO TSO
Tried and didn’t work.
San Juan settlement and why have pipeline down 491.
NDOJ
We looked at CARES Act, ther eis no suggestion that funds for water litigation but CARES Act funding might free up funds for litiation. We do not believe CARES Act cover water litigation. It would not be direct service.
DANIEL TSO
Ask for support now. Clear CARES not cover litigation of any sort.
SMITH
BROUGHT UP cuz water important and use some of CARES for litigation.
VOTE, 12:03 PM
Elmer begay
Kee green
Paul Begay Green
Brown Green
Charles newton green
Crotty Green
Daniels Green
Freeland
Halona green
Henio green
James
Rickie Green
Slater Green
Smith Green
Stewart Green
DT Green
Charlaine Green
Eugene tso Green
Otto Tso green
Walker Green
Edison Wauneka Green
Edmund Yazzie Green
Yellowhair Green
Freeland
Elmer Begay
James
VOTE, 12:05, 20-0
0081-20 SPONSOR CHARLES NEWTON & HENIO
Emergency supplemental $2.4M to DPS
SETH
I’m trying to get info on this bill cuz no budget forms.
CHARLES NEWTON
Asking for $2M. Working with DPS and met with DPS this week. Discussed issues facing. Hope Delmar on phone to give info on what DPS facing.
Tell nnc shortfall facing.
NAVAJO DIVISION OF PUBLIC SAFETY EXECUTIVE DIRECTOR JESSIE DELMAR
Struggling with employees. Hazard pay who at front lines. As result we were able … virus difficult. Hazard pay resuted with HR director to compensate employees at front lines. Really hurting funds and met with LOC and figure resulted from virus and need PPEs.
We hae been searching for help. As struggling for PPEs, we were exposed, 36 employees tested positive. Two aemployees hospital and really struggling.
Dk how much $2.4M help us. Big unknown is how long last. Daily we are in need of these funds.
Charles newton
DPS is not only having assisting with pandemic, but also crime. Lite to report crime decrese but not true. Crime continues to exist on NN. There is a push on two fronts – pandemic and crime.
SPEAKER DAMON make sure everyone on mute
Daniels, halona, kee, oto tso
DELEGATE HALONA – DT
Delmar’s request falls under CARES funding so make amendment for funds to come from CARES and refer back.
SPEAKER SETH DAMON
Where refer to? Clarify
DELEGATE HALONA
Funds come from CARES
SPEAKER SETH DAMON
0081-20 says take from UUFB for emergency times and would change intent. Secondly there is no CARES yet or area where draw down. Ask Bobroof if do anotyer bill.
CHIEF LEGISLATIVE COUNSEL DANA BOBROOF
I agree with speaker. Bill set up as emergency from UUFB and see 80 percent of provisions deal with UUFB. Choice of NNC and speaker if changes intent. But very concerned over no analysis of whether funds can be reimbursed from CARES. Analysis needs to be done.
If u want dollars from CARES then do new bill and solves your issue.
DELEGATE CHARLES NEWTON
OFFICERS need money like yesterday. DPS has come before NNC. How long get funded and expenditure plan. There is another bill in hopper. If TABLE then asking officers to wait.
If agree get reimbursement? Ask Delmar how he feels about TABLING
NAVAJO PUBLIC SAFETY DIVISION DIRECTOR JESSIE DELMAR
All of us know we are really really hurting with equipment and further go, suffering second week of March. As you can see, two months later, same predictamet. Seem pandemic wide spread especially on rez.
Folks police, EMS, investigaors, corrections, like Daniels said we are really really trying to be positive. We want to pay properly and appropriately. We are 2 months behind and we really need some help.
DELEGATE HALONA
If PPe critical then find and if hazard pay then retro active. Still think eliminate UUFB.
DELEGATE Numbers rising. We are givn to speak from afar but police deal with one on one.
We talk about lot of things but how more lives save if assist police, EMS, investigators. Our first responders shud have PPEs and whatever they need. This is embaressing for First Responders to be asking for help.
OTTO TSO I talked to officer in Tuba city and officer said shortage of PPEs. Where are PPEs for law enforcement. We appropriated $4M for Navajo Health Command Operations Center and Navajo Health Department. Where did Nez & Lizer spend those funds? None of the $4M went to our police officers!
DANA BOBROOF Asked for Navajo Justice Dept help and justice dept say that assuming all funds used March 1 and Dec. 30 and use UFFB now and reimburse with CARES funds after expenditure plan in place for CARES funds. No amendment regarding CARES funds.
DANIEL TSO Within the Public Safety Division, cud they do budget transfer not needing NNC action. Main thing is even if pass bill, Prez Nez cud line item veto.
let legislative intent reflect that when this matter dealth with then the $2.4M from UUFB will be reimbursed from CARES funds.
PERNELL HALONA I withdraw my amendment to have $2.4M come from CARES funds. PPEs are important and I feel that Navajo command center has enough PPEs. Did the supervisors ask for PPEs? That’s what supervisors do. Did Public Safety Division Director Jessie Delmar request PPEs from command center? When my area didn’t have PPEs, I requeted from command center and then bought my own.
DELEGATE DANIEL TSO In this case, NNC has act. Let us vote Green (Yes) on the $2.4M.
DELEGATE RAYMOND SMITH I support bill to assist first responders but CARES Act basis of any emergency and advised not to add language regarding CARES but make amendment that CARES reimburse $2.4M to UUFB.
SPEAKER DAMON the legal advice was to not put that language in as amendment.
DELEGATES SMITH and RICKIE NEZ Asking to add language cuz Navajo Nation will be audited for how spend CARES funds.
DELEGATE CARL SLATER Has bill been amended to include budget forms? Speaker Damon, No. any update on $4M? Speaker: We have asked for updates. HEHS and BFC asked and dk if got response from command center. SLATER think need additional language regarding use of funds and where funds being used. To date, only small portion of $4M used.
CHIEF LEGISLATIVE COUNSEL BOBROOF as i recommended after consulttion with Navajo Department of Justice that $2.4M can be reimbursed. Not recommended to include that language but working on amendment. Thank Delegate Daniel Tso for request to include legislative history regarding this bill.
DELEGATE amendment would be for $2.4M to be in 30 days.
COUNCIL VOTING on AMENDMENT to change budget forms, waive red tape for expenditure of $2.4M,
elmer begay green, paul begay green, nathaniel brown green, Herman Daniels green; Mark Freeland; Pernell Halonga Green, Henio green, Vince james Green; Rickie Nez Green; Carl Slater Green; Raymond Smith Green; Wilson Stewart Green; Daniel Tso Green; Charlaine Tso Green; Eugene Tso Green; Otto Tso Green; Tomas Walker Jr. Green; Edison Wauneka Green; Edmund Yazzie Green; Jimmy Yellowhair Green; Amber Kanazbah Crotty Green. VOTE 22-0 on AMENDMENT ONE (it is now 1:35 pm
PROPOSED AMENDMENT by DELEGATES RAYMOND NEZ & RICKIE NEZ – Directives, reimburse UUFB with CARES fund if applicable.
Elmer Begay green, Kee Allen Begay green, Begay green, Brown Green, Charles Newton green; Crotty Green; Herman Daniels Green; Pernell Halona Green; Jamie Henio Green; Vince James Green; Rickie Nez Green; Carl Slater Green; Smtih Green; Stewart Green; Daniel Tso Green; Charlaine Tso Green; Eugene Tso green; Otto Tso Green; Tomas Walker Jr Green; Edison Wauneka Green; Edmund Yazzie Green; Yellowhair Green. VOTE on AMENDMENT TWO, 22-0.
COUNCIL VOTING ON LEGISLATION 0081-20: eLMER begay green, kee allen begay green; paul begay green; nathaniel brown green; charles newton green; rickie nez green; amber crotty green; herman daniels green; pernell halona green; jamie henio green; vince james green; carl slater green; smith green; stewart green; daniel tso green; charlaine tso green; eugene tso green; otto tso green; tomas walker jr green; edison wauneka green; edmund yazzie green; yellowhair green. VOTE 22-0. It is now 1:50 pm
0101-20 OVERRIDING Navajo Council resolution VOTING elmer begay green; kee begay jr red; paul begay green; nathaniel brown green; eugenia charles newton green; amber crotty green; herman daniels green; mark freeland green; pernell halona green; jamie henio green; vince james green; rickie nez green; stewart green; carl slater green; daniel tso green; charlaine tso red; eugene tso red; otto tso green; thomas walker jr green; edison wauneka green; edmund yazzie green; jimmy yellowhair green; raymnd smith jr red; VOTE TALLY 19 in favor, 4 opposed.
LEGISLATION 0102-20: An Action Relating to Naabik’íyáti’ and Navajo Nation Council; Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution CAP-19-20 2/3 SPONSOR: Honorable Amber Kanazbah Crotty
CO-SPONSOR: Honorable Mark A. Freeland
CO-SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Thomas Walker, Jr.
COUNCIL VOTING OVERRIDE COUNCIL RESOLUTION CAP 19-20 motion by Brown and Halona. VOTING kee begay jr red; paul begay green; nathaniel brown green; eugenia charles newton green; amber crotty green; herman daniels green; mark freeland green; pernell halona green; jamie henio green; vince james green; rickie nez green; eugne nez green; smith jr green; wilson stewart jr red; daniel tso green; charlaine tso green; Eugene Tso red; otto tso green; thomas walker jr green; edison wauneka green; edmund yazzie green; jimmy yellowhair green; paul begay green; elmer begay green; carl slater green. VOTE is 20 in favor, 3 opposed on OVERRIDE. It is now 2;06 pm
LEGISLATION 0103-20: An Action Relating to Naabik’íyáti’ and Navajo Nation Council; Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution CAP-17-20. SPONSOR: Honorable Eugenia Charles-Newton
CO-SPONSOR: Honorable Mark A. Freeland
CO-SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Thomas Walker, Jr.
NO DEBATE. COUNCIL VOTING Elmer begay green, Kee begay jr Red; Paul begay Green; Nathaniel Brown green; Eugenia Charles Newton Green; Amber Crotty Green; Herman Daniels Green; Mark Freeland Green; Pernell Halona Green; Jamie Henio Green; Vince James Green; Rickie Nez Green; Carl Slater Green; Raymond Smith Jr Green; Wilson Stewart Jr Red; Daniel Tso Green; Charlaine Tso Red; Eugene Tso Red; Otto Tso Green; Thomas Walker Jr Green; Edison Wauneka Green; Edmund Yazzie Green; Jimmy Yellowhair Green. The Vote to OVERRIDE presidential veto is 19 in favor, 4 opposed. It is now 2:17
0120-20 OVERRIDE PRESIDENTIAL VETO of Counci resolution CAP 28-20. MOTION BY EDISON WAUNEKA – NATHANIEL BROWN. no debate on override legislation. Council VOTING Elmer Begay Green; Kee Begay Jr Green; Paul Begay Green; Nathaniel Brown Green; Eugenia Charles Newton Green; Amber Crotty Green; Herman Daniels jr Green; Mark Freeland Green; Pernell Halona Green; Jamie Henio Green; Vince James Green; Rickie Nez Green; Raymond Smith Jr Green; Wilson Stewart Jr Green; Daniel Tso Green; Charlaine Tso Red; Eugene Tso Red; Otto Tso Green; Thomas Walker Jr Green; Edisn Wauneka Green; Edmund Yazzie Green; Jimmy Yellowhair Green; Carl Slater Green. VOTE is 21 in favor, 2 opposed. It is now 2:25 pm
0112-20 An Action Relating to an Emergency; Waiving 13 N.N.C. §§ 1901-1903 (Burial Statute), 13 N.N.C. §§ 1951-1953 (Cemeteries), 16 N.N.C. §§ 2251-2253 (Navajo Nation Civil Trespass Act), 16 N.N.C. §§ 2301 et seq. (Navajo Nation General Leasing Regulations) as Relates to Obtaining a Lease for Family Burial Plots, Guidance on Burials, Community Cemeteries, Family Plot Burials and Related Services Section (G), RDCJN-33-15, the Navajo Land Department’s Land Withdrawal Designation Regulations, and, RDCO-74-16, and Homesite Lease Regulations Section 17.08 (J) to Allow Family Members to Bury their Loved Ones in Family Burial Plots During this State of Emergency Due to the COVID-19 Virus; Waivers to be for a Limited Time; and Compensation and Due Process Pursuant to 16 N.N.C. 1401 et seq. Shall be Afforded to Land Users who have not Consented to the Use of their Land for Family Burial Plots 2/3 SPONSOR: Honorable Amber Kanazbah Crotty CO-SPONSOR: Honorable Seth Damon
MOTION by Edmund Yazzie – Mark Freeland. SPONSOR CROTTY tried to talk with comand center issuing burial guidelines. I am probably Delegate that does not want to deal with Burial but virus creating. Family lost brother fist essential worker, father fell ill and didn’t make it. they were raising funds to pay Navajo Nation for land withdrawal. Asked Land Dept for process to expedite for family plots. I was asked write memo regarding burial and now families paying to bury off rez. Navajo only gives certain amount for burial assistance. This to help families bury loved ones in family plots.
DELEGATE RICKIE NEZ I really have concern. Laws in place. COVID created uneasiness and if laws being passed for land withdrawals, how impact permitees. Ask for Navajo Land Department director Halona to be here to answer questions.
DELEGATE HERMAN DANIELS family in monument valley and across Navajo Nation are grieving. As former Navajo Nation grazing official I have dealth with this. What are Grazing Officers saying?
DELEGATE WILSON STEWART we still have to bury. i have constituents who have family plots. when Fort Defiance Chapter with Fort Defiance hospital and withdrew additional land for cemetary. When loved ones make family plots and not fenced in and put near other grazing areas. Even with shrines along road. One area as RDC, we worked and discussed with land development.
DELEGAE ELMER BEGAY I know there are lot of teachings and protcols in Dine’ Way. COVID-19 changed Navajo way of life and do ceremonies even with rules. Have lost of relatives especially elder women who hold lot of knowledge. Dine’ women hold land and Dine’ men respect that and understand they are to help her with her home. Condolences to those lost loved ones. But we need polices regarding family plots.
DELEGATE AMBER CROTTY asking how to deal with families that have lost multiple family members. i
DELEGATE EUGENE TSO at Chinle I had to relocate a body. In the aftermath of COVID-19, i hope we all care for each other more.
DELEGATE NATHANIEL BROWN very sensitive issue. We have lot of family plots. In 50=-60 years where grandchildren leave? By family burial plots? In Kayenta, we opposed family plots and I oppose this bill. In my chapter, a back hoe worker got exposed as helping family bury relative who died from COVID-19. I support community cemetaries. Someone buried someone where my family herds sheep. Some pple are being reckless. And pple are grabbing land with deaths. Back hoe operators aren’t afraid to help with burial if in community cemetary.
DELEGATE RICKIE NEZ this is very difficult time. when we share info we need to be respectfully. RDC met with all grazing officials regarding illegal burial sites. Grazing official reported that community member came to him and reported illegal burial to hapen. So he had to go and stop and he felt really sad. There are policies for community cemetaries and we need to establish community cemetaries.
DELEGATE VINCE JAMES let this legislation go before RDC/Resources & Development Committee. RDC met with grazing officials who reported illegal burial sites. DELEGATE CARL SLATER SECONDS JAMES MOTION to refer Crotty bill back to RDC for 30 days becuz in pandemic and to work with Crotty especially since this impacts families who have lost loved ones to virus.
SPAKER DAMON will recognize your motion & refer back to RDC. Referals not debatable.
VOTING on Legislation 0112-20. Elmer Begay green; paul begay green; nathaniel brown green; eugenia charles newton red; amber crotty green; herman daniels green; mark freeland green; pernall halona green; jamie henio green; vince james red; rickie nez green; carl slater green; raymon smith jr. green; wilson stewart jr green; daniel tso green; Eugene Tso green; otto tso red; thomas walker jr green; edison wauneka green; edmund yazzie green; jimmy yellowhair green. The VOTE is 18 in favor, 3 opposed to Refer to Resources & Development Committee for 30 days and then have return to Council.
LEGISLATION 0030-20: An Action Relating to Health, Education and Human Services and Naabik’íyáti’ Committees and Navajo Nation Council; Amending CAP-19-16, Titled, “Approving the Navajo Nation Permanent Fund Income Five Year Expenditure Plan and Waiving 12 N.N.C. § 1162 (B) for a Limited Time Period”; Reallocating Funds in Year 4 from Office Buildings to the To’hajiilee Development Plan SPONSOR: Honorable Jamie Henio
CO-SPONSOR: Honorable Daniel E. Tso
SPEAKER DAMON no debate. Council voting Elmer Begay green; Kee Begay green; Paul Begay green; Nathaniel Brown green; Charles-Newton Green; Herman Daniels green; Mark Freeland green; Pernell Halona green; Jamie Henio Green; Vince James Green; Rickie Nez Green; Carl Slater Red; Raymond Smith Jr Green; Wilson Stewart green; Daniel Tso green; Eugene Tso Green; Otto Tso Green; Thomas Walker jr Green; Edison Wauneka Green; Edmund Yazzie Green; Jimmy Yellowhair Green; Amber Crotty Green; charlaine tso red. The VOTE is 21 in favor and 2 opposed to approve Legislation 3020-20
0042-20 An Act Relating to Law and Order, Health, Education and Human Services, Naabik’íyáti’ and the Navajo Nation Council; Amending Diné College Board of Regents Qualifications Provisions at 10 N.N.C. §§ 2003, 2004, 2005 and 2008; Superintendent and Board of Education Members SPONSOR: Honorable Daniel E. Tso
MOTION by Pernell Halona and Paul Begay:.No Debate. COUNCIL VOTING elmer green, kee green; paul begay green; brown green, CROTTY green; mark freeland green; halona green; heno green; james green; rickie green; carl slater green; raymond smtih green; stewart green; daniel tso green; charlaine tso green; otto tso green; wauneka green; edmund yazzie green; yellowhair green; charles newton green; 21 – 0 approves 0042-20. It is now 3:36 pm
LEGISLATION 0049-20: An Action Relating to Resources and Development Committee, Naabik’íyáti’ Committee and the Navajo Nation Council; Rescinding CO-47-12; Re-affirming CAP-11-11; and Respectfully Requesting the United States Congress Enact Legislation Consistent
with the Principles Stated in CAP-11-11 and the Eastern Navajo Agency Land Consolidation Goals of the Navajo Nation SPONSOR: Honorable Mark A. Freeland
CO-SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Edmund Yazzie
MOTION by Daniel Tso and Paul Begay. No Debate. COUNCIL VOTING elmer Begay green; Kee Begay green; Paul Begay Green; Nathaniel Brown green; charles newton green; Crotty green; Herman Daniels green; mark freeland green; pernell haloa green; henio green; vince james green; rickie nez green; carl slater green; raymond smith jr green…SORRY, LOST SIGNAL
LEGISLATION 0112-20: An Action Relating to an Emergency; Waiving 13 N.N.C. §§ 1901-1903 (Burial Statute), 13 N.N.C. §§ 1951-1953 (Cemeteries), 16 N.N.C. §§ 2251-2253 (Navajo Nation Civil Trespass Act), 16 N.N.C. §§ 2301 et seq. (Navajo Nation General Leasing Regulations) as Relates to Obtaining a Lease for Family Burial Plots, Guidance on Burials, Community Cemeteries, Family Plot Burials and Related Services Section (G), RDCJN-33-15, the
Navajo Land Department’s Land Withdrawal Designation Regulations, and, RDCO-74-16, and Homesite Lease Regulations Section 17.08 (J) to Allow Family Members to Bury their Loved Ones in Family Burial Plots During this State of Emergency Due to the COVID-19 Virus; Waivers to be for a Limited Time; and Compensation and Due Process Pursuant to 16 N.N.C. 1401 et seq. Shall be Afforded to Land Users who have not Consented to the Use of their Land for Family Burial Plots 2/3 SPONSOR: Honorable Amber Kanazbah Crotty
CO-SPONSOR: Honorable Seth Damon
DELEGATE AMBER CROTTY asks Council to Delete her bill from Council Agenda. Council votes 22-0 to delete.
LEGISLATION 0030-20: An Action Relating to Health, Education and Human Services and Naabik’íyáti’ Committees and Navajo Nation Council; Amending CAP-19-16, Titled, “Approving the Navajo Nation Permanent Fund Income Five Year Expenditure Plan and Waiving 12 N.N.C. §1162 (B) for a Limited Time Period”; Reallocating Funds in Year 4 from Office Buildings to the To’hajiilee Development Plan SPONSOR: Honorable Jamie Henio CO-SPONSOR: Honorable Daniel E. Tso
DELEGATE ELMER BEGAY make amendment to add new paragraph pg 11, line 23, new paragrph, first priority to Priority One. If no Priority One then non Navajo business next. SECONDED by Eugenia Charles Newton.
COUNCIL voting on Amendment One, Elmer Begay green; Kee green; paul begay green; Nathaniel Brown green; charles newton green; Amber Crotty green; Freeland green; Jamie Henio green; Vince James green; Rickie Nez green; Carl Slater green; Raymon Smith Jr green; Wilson Stewart Jr green; Daniel Tso green; Otto Tso green; Thomas Walker green; Edison Wauneka green; Edmund Yazzie green; Yellowhair green; Herman Daniels green; Pernell Halona green. The Council vote is 21 – 0 on AMENDMENT ONE.
DELEGATE AMBER CROTTY have two amendments. One directive to BIA requesting coordinate BIA realty;
DELEGATE EDMUND YAZZIE once legislation is approved the comments are not attached to bill.
DELEGATE HERMAN DANIELS why didn’t this emergency legislation to spend $600M go before Resources & Development Committee. It should have gone before all standing committees.
DELEGATE CROTTY i will make sure public comments are part of record. Talked with BIA on ROWs and as delegate not one who assigns bills to committees. Goal here is to help Navajo pple with COVID-19 and work with anyone who has recommednations.
CHIEF LEGISLATIVE COUNSEL BOBROOF little background, look at authorities which are committees and council. this is a fund management plan so under Budget & Finance & Council so no appropriation so not fall under Resources & Development. Expenditure plan after bill passed will go to oversight committees. Under code, Speaker has absolute discretion for assigning legislation to committees. (Answer to Herman Daniels)
DELEGATE ELMER BEGAY on AMENDMENT TWO. Know executive directors notified about process. but historic preservation and cultural resource should be part of ROW/Rights of Way.
BOBROOF this amendment is directive to Natural Resources and programs in DNR. And question if Amendment Two needs to be in 0030-20.
DELEGATE RICKIE NEZ listening to Daniels and went to Law & Order and Budget & Finance and Naabi. Send before RDC since Amendment Two deals with DNR. And go before RDC out of respect fro committees. (NOTE – President Nez has a similar CARES Act legisalation going through legislative review process.)
DELEGATE DANIEL TSO amendment deals with processes and is needed and gives directive, which needs to be clarified. But we need to move forward with amendment and CARES expenditure plan. After approve this legislation then the actual CARES expenditure plan or where $600M spent will go to standng committees.
HERMAN DANIELS i feel that this shud go before standing committees cuz lot of money, $600M. (OMG! Why is Delegate Daniels and Rickie Nez wanting this legislation which starts use of $600M, to go before more Council committee because that delays getting $600M to the Navajo people. No more Debating by Committees. Let Council act on $600M and get money to people!!)
DELEGATE RICKIE NEZ need to hear from land dept. This is $600M for people. Let’s do it right from beginning.
DELEGATE CHARLES NEWTON a little bit confused. This bill is about Expenditure and comments now should go in Expenditure Plan. To be clear, I know when Law and Order asked for referral, everybody voted against so this notion of respect for committees occurs. Expenditure Plan goes to each committee. People waiting for legislation which allows committees to creates Expenditure Plan.
SPEAKER DAMON this legislation is Act to develop Expenditure Plan and build up Fund to show buondaries of what we can and cannot do. Also inform Divisions and Programs on best practices. Up to Council to decide if go in this document. With needed waivers in developing Expenditure Plan, that can be done with Council committees, federal agency. Sorry if CARES Act bill did not go before all committees. Budget and Finance deals with expenditure plans.
DELEGATE FREELAND had lengthy discussion with BIA on rights of way. Ask what is largest need of people? Comments refer to water projects and infrastructure. DK if people understand this legislation. When will Expenditure Plan be ready? My constituents have no running water and electricity.
CHARLES NEWTON make clear this is Step One. Development of Expenditure Plan is next after this legislation is passed by Council.
DELEGATE HERMAN DANIELS i lost several relatives. Yesterday amendment we approved $160M for Small Businesses.`
DELEGATE FREELAND we all need to help our people and the clock is ticking
COUNCIL VOTING ON AMENDMENT TWO: Elmer Begay green, Kee Begay Red; Paul Begay Red; Nathaniel Brown Green; Eugenai Charles Newton Green; Amber Crotty Green; Daniels Red; freeland red; halona red; jamie henio green; vince james red; rickie nez red; smith green; stewart red; daniel tso green; otto tso green; thomas walker green; edison wauneka red; edmund yazzie red; jimmy yellowhair green; carl slater green. VOTE ON AMENDMENT TWO, 11 in favor, 10 opposed. It is now 5 pm
DELEGATE HERMAN DANIELS we need to work together. this Legislation 0030-20 should go before all standing committees.
DELEGATE CHARLES NEWTON are we discussing expenditure plan? SPEAKER, No.
DELEGATE EDMUND YAZZIE our people dealing with virus and we never knew it would be this bad. We should talking with President and Vice President on big major funding. (NEZ & LIZER have not provided a written report on how much donations they received, what types of donations; where and how much donations distributed.) We in our prayers say, Lord no more! I ask you Speaker to write letter to President to sit down and talk and come up with joint expenditure plan.
DELEGATE RICKIE NEZ every bill worth debating. We need to roll up sleeves and develop expenditure plan. this is not time to roll up fists. We are wasting time and energy. We need to focus on COVID-19. (NOTE – Delegate Rickie Nez supported Navajo Transitional Energy, which recently laid off hundreds of wotkers at their Springfield coal mine.) I make MOTION to refer back to Resources & Development and Health, Education & Human Services Committee. Delegate Pernell Halona SECONDS.
COUNCIL VOTING to REFER to RDC and HEHS for 14 days cuz RDC not meeting until Wednesday.
DELEGATE CROTTY this bill signed off by Naabik’iyati Committee and RDC & HEHS are members of Naabi.
DELEGATE VINCE JAMES regarding Edmund Yazzie. Did he make MOTION to TABLE?
SPEAKER DAMON he didn’t make motion.
DELEGATE CARL SLATER when does Delegate Yazzie CARES bill come off five day comment? SPEAKER May 20. And Edmund Yazzie CARES bill goes before Budget & Finance, Naabi, Council.
CHARLES NEWTON logic of holding off on this bill for two weeks when talking that people in need.
DELEGATE KEE BEGAY we are just kicking can down the road. What is timeline if move forward now? SPEAKER Law and Order 5.26.20 and Naabi 5.28.20 and Council 5.29.20 if move along.
COUNCIL VOTING on REFERRAL to RDC & HEHS; elmer, kee red; paul begay green; brown red; charles newton red; crotty red; herman daniels green; halona green; jamie henio red; vince james red; rickie nez green; … otto tso red; thomas walker red; edison wauneka green; edmund yazzie green; jimmy yellowhair red; 8 in favor, 13 opposed so Referral Motion FAILS
DELEGATE PERNELL HALONA dk how put clearer. bill nees move forward with three branches. We need to peform here. We are going two different direction cuz don’t like OPVP.
CHARLES NEWTON, POINT OF ORDER – talks about respect and what Halona saying is not true. By clan, Prez is my dad so not about not liking them.
DELEGATE HALONA good idea to refer to RDC and talk little more. Give time to Delegate Edmund Yazzie.
DELEGATE EDMUND YAZZIE begging to have meeting with President & VP and have one legislation. I will continue my prayers. (NOTE – COUNCIL has asked Prez & VP for Reports on Donations, PPEs; more detailed information on cases, Health Command Operations Center.
i reached out to OPVP. Delegate Edmund Yazzie, ask President and VP to answer my emails. We are going thru process, not against it. We are working together. I had to drop off herbal medicine and two funerals. i know my community and really heartbreaking to see two funerals.
SPEAKER DAMON i met with president and asked him to present plan Monday. that was Sunay. Prez never responded. I will reach out to him. I have great relationship with OPVP staff and Lizer. But to this day, no call or memo.
council voting Kee green; paul begay red; nathaniel brown green; charles newton green; freeland green; halona green; henio green; rickie nez red; carl slater red; raymond smith jr green; stewart red; daniel tso green; otto tso green; thomas walker green; edison wauneka green; edmund yazzie green; yellowhair green; elmer begay green, james green. VOTE is 15 in favor, 6 opposed to CEASE DEBATE on
two amendments, pg 11 new paragrph, first pirotity for CARES goes to Prioirty One busduiess. if no qualififed priroity one then consider non Navajo businesses. Natural resources coordinate with variouis depts to dev stereamlined for ROWs/rights of ways for CARE project and streamline all procedures for expenditure of funds regarding ROWs. Speaker send memo to BIA to support streamlining of federal red tape regarding ROWs for CARE projects on rez.
COUNCIL VOTING: elmer begay green; kee begay green; brown green; crotty green; daniels red; freeland green; halona green; henio green; vince james green; rickie nez red; carl slater green; raymond smith green; wilson stewart red; daniel tso green; charlaine tso green; otto tso green; thomas walker green; edison wauneka green; edmund yazzie red; jimmy yellowhair green; eugene tso green. VOTE ON LEGISLATION 19 in favor, 4 opposed.
An Action Relating to an Emergency for the Navajo Nation; Approving a Limited Waiver of Sovereign Immunity for Diné College to enter into a Payroll Protection Program Promissory Note and Agreement with Wells Fargo Bank
COUNCIL VOTES 23-0 and approves. It is now 6:24 pm.
REPORT BY BIA DIRECTOR STEVENS ON FACILITIES
DELEGATE OTTO TSO shud dedicate one Naabi meeting to Reprots only and then have sound discussion.
REPORT BY NAVAJO AREA DIRECTOR ROSELYN TSO AND CHIEF OF STAFF CHACO
DELEGATE DANIEL TSO special Naabi meeting Monday or Tuesday. Have people starty driving. Might lose quorum.
DAMON right now legislative services has shoe string staff, 4 main staff who run Naabi, ensure bills correct. What do Monday & Tuesday. I can schedule Naabi after that late afternoon. Do on daily basis, not one day.
CHARLES NEWTON Monday Law & Order. Tuesday & Wednesday reserved for committees.
RICKIE NEZ we have been really neglecting our veterans and they want to speak to us.
OTTO TSO stand firm, only Reports.
SPEAKER we have to create expenditure plan. staff working on end of next week and into week with comments. we really need to get together. Law & Order started recommendations at mtg they invited me to. Need put together and daily after each of your committee meetings.
DELEGATE KEE ALLEN BEGAY direcive regarding public safety and asked for delegates to submit questions prior to reports.
SPEAKER your direcrtive ready. BIA DIRECTOR BART STEVENS on line. Speaker will be arranging Reports via conference calls and teleconferencing on a daily basis next week after each scheduled committee meeting next week.
COUNCIL ADJOURNED ABOUT 7 PM
