Greetings Relatives/Frens/Humans, the Spending Spree of the Navajo Nation Council & its standing committees continues with today’s Naabik’iyati Committee.
8:52 am, 12.28.22, Naabi vote 18 in favor, 0 opposed on Consent Agenda of 9 pieces Legislation: 0253-22; 0254-22; 0262-22; 0263-22; 0265-22; 0266-22; 0267-22; 0268-22; 0231-22. Motion by Council Delegate Amber Kanazbah Crotty
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green: PAUL BEGAY JR. Green; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON Green; AMBER KANAZBAH CROTTY Green; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA NoVote; JAMIE HENIO Green; VINCE JAME NoVote; RICKIE NEZ Green; CARL SLATER Green; RAYMOND SMITH JR NoVote: WILSON STEWART Green: CHARLAINE TSO Green; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
9:15 am, 12.28.22, Naabik’iyati Committee votes 19 in favor, 0 opposed to accept its agenda with one amendment. And the First Item on their Agenda is the Continued Exploitation of our Homeland by a Navajo govt business, Navajo Oil & Gas Company, with the Full Support of Navajo govt politicians: A. LEGISLATION 0232-21: An Action Relating to Resources and Development Committee; Naabik’íyáti’ Committee, and the Navajo Nation Council; Approving Oil and Gas Operating Agreements Between the Navajo Nation and Navajo Nation Oil and Gas Company for Tohachee Wash, Beautiful Mountain, and Porcupine Dome
SPONSOR: Honorable Seth Damon
CO-SPONSOR: Honorable Elmer P. Begay
(m) (s) (v)
04/19/2022 – Motion to Refer Legislation 0232-21 to the Naabik’íyáti’ Committee for further discussion; (M) Hon. Otto Tso; (S) Hon. Edison J.
Wauneka; (V) 22 In Favor, 00 Opposed (Speaker Pro Tem Charles-Newton Not Voting)
UNOFFICIAL Voting Tally of Naabi on Adopting Agenda:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green: PAUL BEGAY JR. Green; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON Green; AMBER KANAZBAH CROTTY Green; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO NoVote; VINCE JAME NoVote; RICKIE NEZ Green; CARL SLATER Green; RAYMOND SMITH JR Green: WILSON STEWART Green: CHARLAINE TSO Green; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green.
9:20 am, 12.28.22, Naabik’iyati Committee now on Item A. LEGISLATION 0232-21: An Action Relating to Resources and Development Committee; Naabik’íyáti’ Committee, and the Navajo Nation Council; Approving Oil and Gas Operating Agreements Between the Navajo Nation and Navajo Nation Oil and Gas Company for Tohachee Wash, Beautiful Mountain, and Porcupine Dome
SPONSOR: Honorable Seth Damon
CO-SPONSOR: Honorable Elmer P. Begay
Motion by Jimmy Yellowhair Second by Eugene Tso
04/19/2022 – Motion to Refer Legislation 0232-21 to the Naabik’íyáti’ Committee for further discussion; (M) Hon. Otto Tso; (S) Hon. Edison J.
Wauneka; (V) 22 In Favor, 00 Opposed (Speaker Pro Tem Charles-Newton Not Voting)
ELMER BEGAY, Sponsor of 0232-21
We all know we have Navajo govt enterprise, Navajo Oil & Gas, Navajo attorneys & they started drafting their own regulations instead of using BIA regulations. Fortunately it took this long for us to operate our own oil & gas on our homeland. But we out outside companies to exploit our oil & gas. And helium began coming out of ground naturally and mysteriously.
There was some discussion with hathaliis and grassroots people about how to use, how much to use, and how involve ceremony and offerings for Helium Development by Navajo Oil & Gas Company.
9:33 am, 12.28.22, Navajo Oil & Gas CEO James McClure: Been three years since discussed any exploitation with Resources & Development Committee. Have been transparent by having community meetings. Public Helium Summit in Shiprock with Mineral Dept, Bureau of Land Manaement. In January, we were asked to work with Navajo dept of justice for all donations agreements for chapters. Since January much public debate and much misinformation by social media and Navajo Times letters. Helium in air to breathe & NTEC developing helium. Also the No Fracking group is also misinformation. Not contribute to Climate Change. Navajo Oil & Gas will not drill 100 wells, only Possible. We expect to drill less with minimal surface impact. And Navajo Oil & Gas is not failed enterprise. We give annual financial reports to Navajo Council. Navajo Oil & Gas resolutions were rescinded because of misinformation. The opposition to NOG’s proposed helium development has drown out of the voices of support. There have been attacks on me and NOG board chairman.
Proposed to develop 30,000 acres with two agreements with Sanostee and one agreement with Tecnospos
9:42 am, 12.28.22, Speaker Otto Tso says NOG Chairman Eltsosie did not respond to present in support of NOG exploitation of 6,000 of Dine’ Homeland for Helium to generate Billions of Dollars.
Elmer Begay says we have to look at helium as a mysterious blessing. We are not here to damage environment. Here to present services and determine the rightful way to use & assist people in need. Helium can be used in hospitals to save lives. Who in this world, in our homeland, can provide that to save a life. That is how I think about helium and Navajo Oil & Gas Company. I always think about what Speaker Tso says is that so many of our Dine’ youth benefit from Navajo Oil & Gas exploitation of Dine’ natural resources by providing scholarships to youth so they can obtain career.
9:51 am, 12.28.22, Council Delegate Amber Kanazbah Crotty asks Delegate Elmer Begay, the sponsor of Legislation 0232-21, How have you worked with Navajo justice dept & Navajo oil & gas to develop a Way for communities impacted by proposed NOG helium development to financial benefit?
ELMER BEGAY
We have meetings on how to address concerns of communities. NOG board president Eltsosie meeting with community members and grazing officials and the main question they have, primarily from leadership, on how funds from helium development would go to communities. Information on Most recent meetings can be provided by McClure & Eltsosie which includes the amount of funds that communities are asking for regarding NOG’s helium development.
NOG CEO McCLURE
We worked with Navajo dept of justice on Fund Sharing with chapter officials, who didn’t want vote at community level because of opposition. We have increased donation to $4 million to communities. Hope Council votes in support of helium development.
9:57 am, 12.28.22, Delegate Pernall Halona asked when NOG begins harvesting helium and pit becomes dry, and all equipment used, will NOG do CleanUp?
McClure: Helium not mined or major digging. It is produced by drilling wells, ten inches in diameter and drill. Have terms to remediate drilling sites. Minerals Dept & BLM ensure we are in order. NOG remediated more than 23 sites – plug abandoned sites, removed equipment.
10:02 am, 12.28.22, Delegate Paul Begay says I am caught between making decision for lot of people. There is helium shortage possibly across country. We have helium on our homeland. Once helium extracted, what happens to it. Will Navajo use? And there is pressure from health organizations for helium.
We all know we work for people. Everyone across our homeland is concerned about this. I would like to hear from our people. I received text from one of my communities about need for more information about developing helium. I would like to hear from our people first.
10:15 am, 12.27.22, Delegate Daniel Tso asks NOG/Navajo Oil & Gas CEO McClure how long is helium development expected to last.
CEO McClure informed Naabi before Delegate Daniel Tso’s question and in response to a question by Delegate Paul Begay that the Dine’ People have been adequately informed about NOG’s proposed development of Heliumnn.
Delegate Paul Begay says Navajo is in a drought and extracting helium requires a huge amount of water. And I see that proposed helium drilling could be near homes & NOG will decide where to drill.
CEO McClure: Amount of gas question from Daniel Tso – not only helium, could by nitrogen, etc. We believe three wells could produce 300 to 500 million cubic feet of total gas, not all helium, 10% would be helium. Have to get with team on specifics. Life of wells could be ten years.
To Paul Begay regarding water useage and location of drillings: Again there has been significant information about this. When prop open rock to produce, lot of water, but NOG not using fracking. Sometimes use fracking. Aneth oil field has not fracking. But in San Juan, fracking required in Eastern Agency and use a lot of water to create mud to drill well to dept. And not use lot of water and NOG buys outside water to bring onto Navajo for drilling. We work with navajo land dept & mineral dept on proposed location to work with govt Navajo & federal bodies on sacred sites, etc. And then NOG told to move location. Not NOG coming out and demanding to drill well. Regulatory bodies work with NOG on transparency.
10:27 am, 12.27.22, Delegate Daniel Tso informs NOG CEO McClure that NOG helium well releasing offensive smell & NOG helium well near a home. What are other gases that would be released from helium development? Methane? nitrosoxygen
NOG CEO McClure: NOG does not support emissions because that’s a loss of revenue. When oil production, methane or natural gas produced and producer must comply with emissions regulations. And Teenospos person “complaining” about emissions does not understand that regulations allowed emissions to be released by flares. Methane is a problem. We wud need to capture. Gases in Teecnospos shud go into gas line. Our intent is manage all components to not allow for emissions and transport gas or flare, not open flare but keep in vessel. With this Helium Development, there shud be no emissions in Teecnospos.
There is no open market for helium. $400 per cubic feet. Our breakeven point with $400 per cubic feet is very profitable for all involved. Mineral Dept Cheromiah cud discuss Navajo govt royalty share on our Helium Production Sale which Navajo minerals dept manages.
10:35 am, 12.27.22, Navajo minearls dept Cheromiah reports to Naabi that royalty 20% into LockBox Account at Wells Fargo Bank, all royalties paid go into LockBox Account where royalties reconciled for federal govt. At end of day, royalties deposited into Navajo Nation General Fund Account.
Whatever is produced, besides helium, NOG pay 20% to Navajo Nation.
10:40 am, 12.27.22, Delegate Daniel Tso says that since NOG paying 20% of royalty to Navajo govt for helium and since helium royalty projected at 20% of $400 per Helium cubic feet, which would be about $80, I would ask that Navajo Oil & Gas pay for a Health Impact Assessment for all communities.
And NOG does not own one Drill. They have to bring in Outsiders onto our Homeland.
NOG/Navajo Council/Navajo govt needs to obtain cooperative agreements with our people
10:45, 12.27.22, NOG CEO McClure tells Naabi, We all bring in contractors to do our work, including Navajo Transition Energy Corporation/NTEC. I support Delegate Daniel Tso’s recommendation for NOG to do Health Impact Assessment, but I recommend that all Developers be involved. I don’t want this to be NOG thing. These assessments shud be seen by all of us as beneficial to community, But assessments can only be done when there is development. Timing is essential regarding when to conduct Health Assessments. I support Health Assessments conducted by all produers.
Delegate Carl Slater says that Navajo must look at how other nation reluctantly exploit their natural resources so Nation becomes independent from outside developers. There are leaking oil wells. I do not support more leases now. We need more regulations that are supported by our people who have been protecting our homeland/water/air, by NOG, by the Navajo govt. How accurate is information regarding community support, opposition to exploitation of natural resources in their communities by the Navajo govt via Navajo govt enterprises, such as NOG, NTEC? This helium development is dividing our people.
Development in communities has not resulted in local community economic development. The Navajo govt has benefited.
I do not support NOG leases. We must also think about how homeland will exist with self-exploitation of natural resources.
11 am, 12.27.22, NOG CEO McClure informs Naabi after Delegate Carl Slater speaker that Halting discussion on bringing in revenues is not good when NOG doing what it was created to do, which is to bring in revenues. I support future discussions of developing energy development regulations but the oil & gas industry is already heavily regulated.
Delegate Daniel Tso asks for Chief Legislative Counsel Dana Bobroff to draft Amendment for NOG & all other producers on Navajo to pay for & conduct Health Assessments. There is cliché, “Health is Wealth,” which hits home here on Navajo where development has heavily impacted our communities, especially the most vulnerable – elders & children.
CLC BOBROFF
We’ll work on directive with Navajo dept of justice & have ready for Navajo Council. I cannot promise if ready when finish debating LEGISLATION 0232-21: An Action Relating to Resources and Development Committee; Naabik’íyáti’ Committee, and the Navajo Nation Council; Approving Oil and Gas Operating Agreements Between the Navajo Nation and Navajo Nation Oil and Gas Company for Tohachee Wash, Beautiful Mountain, and Porcupine Dome. SPONSOR: Seth Damon. CO-SPONSOR: Elmer P. Begay,
Delegate Daniel Tso adds that he will also work with Dana, NDOJ, Navajo Council.
11 am, 12.27.22, Delegate Amber Crotty asks attorneys about Amendment that would provide for a certain percentage of proposed helium development royalties to Teecnospos & Sanostee.
NDOJ worked with chapters, NOG on community benefit agreements and MOU developed but legally binding and stand alone agreements that could be approved separate from Legislation 0232-22. But we are still working on agreements and there is no Fund created. NOG sets aside funds for chapters and chapters ID projects for funds so partnership to work together. And funds not transferred to Navajo govt. And so these Community Benefits Agreements are still being negotiated and once completed, the CBA cud be approved by Council and then the president.
11:14 am, 12.27.22, Delegate Amber Crotty reminds NDOJ attorney Quinn that Council referred 0232-22 to Naabi for this agreement nine months ago. Where is the agreement?
NODJ Quinn says there is document for Sanostee, which needs Sanostee chapter approval. But issue with resolutions of support being rescinded and things did not progress the way NDOJ expected. It’s final as far as NDOJ concerned but need chapter final approval. I can send to Council but will that be part of legislation? These are stand along agreements and so I dk how agreements would go through legislative process. I’m sending Sanostee chapter agreement.
11:20 am, 12.27.22, Delegate Amber Kanazbah Crotty say that According to McClure, chapter officials wanted to wait on their Agreement until Council approved. But where are the voices of the chapter. ‘When look at Navajo Energy Police there is no language about Impacted Communities. I’m asking Sponsor, Delegate Elmer Begay, about his proposed Energy Policy, and if the policy will address health assessment. Delegate Elmer Begay is not a member of communities to be impacted by Legislation 0232-22. He is a Navajo Oil & Gas shareholder & as a shareholder, he represents all Navajo communities impacted by exploitation of natural resources in their communities.
There shud be major investment by producers/NOG to develop communities where they are exploiting natural resources. It’s nine months later & there still are no Community Benefit Agreements with communities
Delegate Rickie Nez asks how will Navajo generate revenues for services for the people. We need to meet with all our Navajo govt enterprises on how to generate money. We stopped illegal development of hemp by the Council passing Law. The incoming 25th Council needs to work on generating money for services for our people. What model do we need to follow for chapters to tax businesses to generate revenue at the local level.
NOTE – Where is the Financial Report/Audit that Proves that Navajo revenues are funding Services to the Dine’ people and not for Travel, Lodging, Meals for Council Delegates to Las Vegas, Colorado, Washington DC, etc. Good Grief, Rickie Nez asking Naabi how to replenish Money that they have spent. Rickie also wants the Incoming Delegates to work on generating revenues to replenish the money that the LAME DUCK Naabi & Council are spending. Years ago, KPMG reported that less that 20% of Navajo govt budget actually goes to servies.
Rickie Nez’s idea of generating revenues is to Allow the Navajo govt enterprises, such as NOG & NTEC, to continue to Exploit/Bleed our Homeland of land, water, air FOR MONEY. If Rickie nez was so concerned about Generating Revenues for Services for People, then Why did He support several Trips for his entire Resources & Development Committee to Navajo govt Colorado Ranches and Millions of Dollars for Navajo govt Colorado Ranches? How much Navajo Revenues did Richie Nez & RDC provide for the Ranches of our Navajo people?
11:50 am, 12.27.22, NOG CEO McClure says he agrees with NDOJ Quinn that Community Benefit Agreements are legally binding. Future payments linked to success of production of helium. I’m concerned if Community Benefit Agreement made part of NOG helium agreement because that cud be viewed as Producers being “Forced to pay a pseudo-agreement.” We are committed to community agreements. We have $75M of investment to being helium to market before any profitable helium. We have some breakdown of helium profitability for chapters.
NOTE – McClure got all But Hurt by Delegate Amber Kanazbah Cortty’s comment that chapters/communities deserve more than a holiday meal from NOG & other producers of Dine’ natural resources.
DELEGATE AMBER CROTTY says that the Navajo Council’s Navajo govt enterprise shareholder are told Not to lobby, become park of a voting block.
And the Shareholders of all Navajo govt enterprises are Dine’ people. But Navajo justice dept attorneys & NOG unable to comprehend that.
There is a shift occurring in Navajo govt. My job is not to create revenue for Window Rock but to appropriately represent chapters, Navajo people, Dine’ military families. This about WR forgetting about communities not part of WR.
Reviewing Navajo Energy Policy and no guidance for Council on how impacted communities shud benefit from these funds. We see in Gaming Agreements. Host chapter gets 5% and 2% goes to chapter.
I shouldn’t hear words like “forced”. Local communities shud have more say by Resolution and why go back to month of April when Council directed that Agreement be Created. I am not asking NDOJ or NOG to debate or opinion if include in legislation 0232-22. I’ve been waiting for Agreement and now that I receive it’s Labelled “Confidential” so how do we discuss this with attorneys.
Noon, 12.27.22, Speaker Otto Tso calls for Vote on Legislation 0232-22: An Action Relating to Resources and Development Committee; Naabik’íyáti’ Committee, and the Navajo Nation Council; Approving Oil and Gas Operating Agreements Between the Navajo Nation and Navajo Nation Oil and Gas Company for Tohachee Wash, Beautiful Mountain, and Porcupine Dome
SPONSOR: Honorable Seth Damon
CO-SPONSOR: Honorable Elmer P. Begay
ELMER BEGAY Green:
SPEAKER OTTO TSO
We are voting.
DELEGATE EUGENIA CHARLES-NEWTON
I tried to speak up but I was never called on.
SPEAKER TSO
We didn’t receive any text to speak or hear you.
DELEGATE CHARLES-NEWTON
I’ve been trying to text, but no response.
Naabik’iyati continues voting…
12:15 pm, 12.27.22, Naabik’iyati votes 13 in favor, 8 opposed on Legislation 0232-22: An Action Relating to Resources and Development Committee; Naabik’íyáti’ Committee, and the Navajo Nation Council; Approving Oil and Gas Operating Agreements Between the Navajo Nation and Navajo Nation Oil and Gas Company for Tohachee Wash, Beautiful Mountain, and Porcupine Dome
SPONSOR: Honorable Seth Damon
CO-SPONSOR: Honorable Elmer P. Begay
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR POINT OF ORDER, I texted and voted Red; PAUL BEGAY Red; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON Red; AMBER KANAZBAH CROTTY Red; HERMAN DANIELS Green; SETH DAMON EXCUSED; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ Green; CARL SLATER Red; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO Green; DANIEL TSO Red; EUGENE TSO Red; THOMAS WALKER JR Green; EDISON WAUNEKA Red; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
12:20 pm, 12.27.22, Delegate Carl Slater says he understands that there is a Consent Decree that compels release of prisoner which is referred to as Slap on the Wrist,
Delegate Eugenia Charles-Newton says years ago there was a complaint filed against condition of jails. Two jails not in good condition are Window Rock & Shiprock.
Navajo Public Safety Detention Director Greyeyes reported that she Asked for partial dismissal July 2019 because conditions addressed at Kayenta, Tuba City, Kayenta. Window Rock court asked for advisement and been waiting for ten months. And since Window Rock & Shiprock jails in same condition then those two jails would not be included in partial dismissal of Consent Decree.
1 pm, 12.27.22, Naabi still one Law & Order committee chairwoman Eugenia Charles-Newton’s Legislation 0240-22, which includes several major amendments to Title 17, the Navajo criminal code. Charles-Newton rattles off a list of Navajo govt depts/directors/attorneys who were involved in the development of the Major Amendments. But she did say that the Dine’ People were involved. Why didn’t the chairwoman of the Law & Order committee involve the Dine’ People.
We hear about the need to Strengthen the Criminal Code but we do not hear – on a Daily Basis – from the Navajo Police about what Crimes are occurring in our communities. These Amendments are to Protect the People, but we, the People, are not informed by the Navajo Police, Chapter Officials, Council Delegates, President, Vice President, First Lady, Second Lady what we need to be Protected from because the Navajo Police don’t’ share Police Reports. A Dine’ man was strangled at one of the gas stations in Fort Defiance, Arizona, a day before Thanksgiving. WHY didn’t the Navajo Police alert residents of Fort Defiance?!
The Navajo People have a RIGHT TO KNOW what Law & Order committee chairwoman Charles-Newton has planned for us especially since she & Resources & Development Committee chairman Rickie nez supported MAKING HEMP ILLEGAL, when it was LEGAL, to Raid & Arrest & Terrorize FARMERS. This Navajo Council passed Law that changed Law impacting FARMERS LEGALLY GROWING HEMP & then let the FBI, Navajo police and outside law enforcement point Weapons at our Elders, Women, Children. THE HEMP FARMERS NEVER HAD THEIR DAY IN COURT. SHAME, SHAME, SHAME, SHAME EUGENIA CHARLES NEWTON, RICKIE NEZ, NAVAJO COUNCIL. These amendments include Cannabis!!!! Scary!!!!! And what did the Navajo Council base its decision on to make HEMP ILLEGAL. The Bible!!!! Christianity!!!!
Where are the Laws to Protect we, the Dine’ People, from our branwashedm, colonized Navajo Govt.
These AMENDMENTS must be given to the Dine’ People at PUBLIC HEARINGS across the Navajo Nation & off reservation because all our Dine’ Relatives have the Right to be Involved in their Navajo Govt.
1:50 pm, 12.27.22, Delegate Eugene Tso supports the amendments to Title 17, criminal code, and says that anyone violating the No Alcohol Ban needs to arrested and jailed for 365 days.
NOTE – Delegate Eugene Tso’s comment are Proof for Why PUBLIC HEARINGS must be held on these amendments across the Navajo Nation & off reservation, all Public Hearings must be broadcast by Navajo Broadcast Services and KTNN, which are both Navajo govt enterprises owned by the Navajo People.
1:59 pm, 12.27.22, Delegate Eugenia Charles-Newton informing Naabi that alcohol on rez is illegal & so how does the Navajo govt help people addicted to alcohol. We are not saying put them in jail and throw away the key. Some of amendments are to protect the victim. These amendments are to hold perpetrators accountable. I was at roadblock during Xmas and among 400 vehicles, there was one vehicle stopped with alcohol for big party or bootlegging. Our police officers busy. Some undercover. Our jails don’t have behavioral health services and that’s because of a lack of funding and that’s on the Navajo Council.
Navajo Police chief recommended that the Council legalize alcohol on the rez so it can be taxed. I think the Council was not ready to make that decision. But that decision is up to the people.
NOTE – Charles-Newton showed her Ignorance & Disrespect for who she is. She is Dine’. As Dine’, we have always lived & will live according to our Dine’ Fundamental Laws. Dine’ Fundamental Law is not from humans/Navajo Council/Eugenia Charles-Newton. Dine’ Fundamental Law mandates that we, the Dine’ people, should not allow alcohol & gambling between the Sacred Mountains which guard our homeland. BUT the Council approved the SALE OF ALCOHOL by the Navajo Nation Gaming/Gambling Enterprise, another Navajo govt business, to GENERATE MONEY for the Navajo govt to spend.
Navajo Chief Prosecut0r informs Naabi that the bootleggers sell alcohol to make money.
NOTE – ….LOL LOL LOL LOL. I guess chief prosecutor inadvertently compared Navajo Gaming/Gambling Enterprise to Bootleggers…LOL LOL LOL LOL
3 pm, 12.27.22, POINT OF ORDER Delegate Amber Crotty asks if Delegate Eugene Tso gave his permission for others to share his story.
Delegate Carl Slater asks about how the amendment to criminalize cannabis is going to work with all the surrounding states legalizing cannabis.
3;20 pm, 12.27.22, Delegate Carl Slater informs Naabi, “We haven’t heard anything from public defender. According to public defender director Kathleen Bowman, over several months, Law & Order Committee, prosecutors, police. Public defender director Bowman also stated that the office of the public defender and Judicial Branch were not involved in the Amendments, which appears to have been rushed. Bowman reported that the proposed Amendments to Title 17, Criminal Code, is Void of any concepts of Ke’ and Hozho’. She also stated that Instead of working with Navajo Nation Judicial Branch judges, the Law & Order Committee, prosecutors, police met with federal officials. And the public was not involved.
Delegate Slater says We don’t want crime in communities. We want healthy communities. There are serious crimes related to bootleggers and drugs. I take this seriously. I am victim of violent crime. I have gone with relatives to identify victim. I am not trying to diminish the effort to protect victims. I don’t want my voice to be diminished regarding rights of victims. I’d like to hear from Navajo Nation Public Defender Office because they have not been heard for the past two years. We may not all agree on amendments but the Public Defender & Judicial Branch shud have a voice in the amendments.
There are also questions regarding Azee/Peyote.
Delegate Wilson Stewart Jr agrees that there is concern regarding the impact of Amendments to Azee & other Herbs. How will Dine’, who pray with Azee, be treated?
3:35 pm, 1.27.22, Delegate Eugenia Charles-Newton shud work for Federal Govt. She is really defending the federal laws controlling Azee Shima/Peyote.
And now she’s giving hearsay about why Navajo Nation Judicial Branch was not involved in the development of her Amerndments.
She says amendments started 2017 and public defender involved and public defender received input. Right now move in Indian Country to dissolve Public Defender. Pueblos said Public Defender confuses offender; when commit crime, confess. We talk tradition and part of that tradition is for person to be whole, you have to hold accountable. We were respectful of traditions. We put out for five day comment. Regarding Public Input, I have been discussing on my FB page. I don’t believe they were rushed.
NOTE – Charles-Newton is a Perfect Example of how Politicians DOUBLE TALK!!! She needs to hold herself accountable for what she did to FARMERS who were LEGALLY GROWING HEMP.
4 pm, 12.27.22, Chief Prosecutor says that asking for a Native American Church membership card is acceptable because peyote is a schedule one drug.
This was not a Rush Job. We have been working on since 2017. Public Defender Bowman was involved early on. Bowman said since her letter was read on the record before Naabi then her concern that Public Defender Office ignored is “muted.”
These amendments are about What are we doing for victims.
Regarding Public Input, I attended public meetings around reservation where heard there is no law & order on the reservation and change is needed. I have never seen Bowman or public defender staff.
These amendments are about Ke & hozho.
There is lawlessness in Navajo communities.
Federal officials were not involved in amendments. They reported why they declined cases. They shared investigatory material. They were only there briefly. That was the extent of their involvement.
Our intent was not to exclude the Public. They are being heard here.
But some of Bowman’s recommendations will be used for an Amendment to 0240-21 to make Corrections that Bowman pointed out.
4:29 pm, 12.27.22, Delegate Eugenia Charles Newton said the Amendments regarding Cannabis & Alcohol make Clear that Cannabis & Alcohol are Illegal on the Navajo Nation. We will treat the legalization of cannabis by surrounding states in the same way that the Navajo Nation deals with alcohol, which is legalized across the country.
NOTE – I wonder why Charles Newton doesn’t Share that
Alcohol is Legal on the Rez! That the Navajo Council approved the Legalization of Alcohol for Navajo Gaming/Gambling ENTERPRISE because Revenues need to be Generated for Services to we, the Dine’….
Delegate Rickie Nez says we are creating a “just law.” When create law, there will always be opposition. But speak to Victims.
NOTE – There were no Public Hearings on these Amendments which do no Just Deal with Laws to Protect Victims!!!! These law continue to CONTROL we, the Dine’, instead of Protecting Us. ALL DINE’ HAVE A RIGHT to COMPLETELY UNDERSTAND how these AMENDMENTS will impact them, their family, their frens, Everyone!!! Good Grief, Delegates Charles Newton, Rickie Nez, chief prosecutor, Why Are You Totally Consumed with Not Letting we, the Dine’, have PUBLIC HEARINGS on Laws that not only supposedly protect us, but Control us. Charles Newton’s amendments Remind of the FEDERAL Laws that were created after 9/11 which Congress said were to protect us but we now know that those laws were to gain more access to our private lives & more Control over us!!!! VOTE DOWN LEGISLATION 0240-22!!!!!
5 pm, 12.27.22, Delegate Mark Freeland says he skimmed though 160 pages of legislation 0240-22 and he supports the proposed amendments. Do the amendments address individual who has warrant by another jurisdiction? Usually repeat offenders have warrants in other states But if caught on rez, you go to jail for awhile. Navajo needs breath analyzer. Agree with Delegate Rickie Nez that we have to start somewhere. Police at Crownpoint District said that extradition needed to strength criminal laws. And state and county jurisdictions shud also recognize Navajo warrants, etc.
NOTE – It was under former Chief Prosecutor Bernadette ? that Extradition Provision/Law created. Before that, the Navajo police would just Hand Over our Dine’ People to the states, counties, federal govt without Due Process/Hearing by a Navajo judge to review Extradition. Sounds like Delegate Mark Freeland supports a Return to Just Handing over our Dine’ to other governments without Due Process. And since Charles Newton, Rickie Nez, Mark Freeland & any Delegate who Votes Green on Legislation 0240-22 to immediately Fund the immediate construction of a Rape Crisis Center, Safe House for Teens; Safe House for Domestic Violence Victims & Family in each of the districts they represent.
5;45 PM, 12.27.22, Navajo Chief Prosecutor Vernon Jackson informs Naabi that DWI’s are not part of the amendments. Jackson says DWI laws are found in Title 14.
NOTE – Jackson double talk. DWIs could have been made as an Amendment to Title 17, the Criminal Code, since Amendments are to Protect we, the Dine’.
Jackson also says that Dine’ who are in jail and who face extradition, create “more work” when they ask for a hearing on their extradiction.
NOTE – SMH. If you want less work, just make it Navajo Law in Title 17 that the Navajo Police Department will provide ALL POLICE REPORTS, especially DWI’s, to the MEDIA!!!! The Navajo police use to issue a DWI list but that stopped suddenly and without explanation.
6 pm, 12.27.22, Navajo Public Defender Kathleen Bowman says she was diagnosed with asthma and is having difficulty talking. But she makes a brave effort to give examples of what is really happening in Navajo jails which allegedly involves violence. She asks if police reports were made of those incidences. She says that she has a detailed analysis of Legislation 0240-22, but it is in her office and she is at home.
6:14 pm, 12.27.22, Delegate Elmer Begay makes a Motion for an Amendment to Delete controlled substances regarding Cannabis & Azee Shima/Peyote.
Chief Legislative Counsel Dana Bobroff says she’s working on it.
Speaker Otto Tso says he’ll come back to Elmer Begay’s amendment when his amendment ready.
Delegate Eugene Tso said he’s been honorable about his witness of his 70 years of life. I want to share again that through my experience I know that Amendments are what parents would say. I agree with Delegate Rickie Nez that constitution deals with harmony and Delegate Elmer Begay’s promotion of harmony. We request more money for police and lawyer and if you want to survive become a police or lawyer because that is where the money is. I say, “at night, you do no go out in Chinle.” People busted windows in my home and vehicles.
6:50 pm, 12.27.22, Law & order committee chairwoman eugenia Charles newton continues to Top her Goofy statements & it’s not even 2023. Charles Newton is justifying the Removal of our Dine’ relatives, who are the control of alcohol and, or durgs, to be taken by non-Navajo entities to Phoenix for alcohol & drug treatment. She said that she heard both side and one side said that they didn’t know how they to treatment, but they were helped. Others did not agree with how they were taken into treatment, she said.
REALLY, Eugenia! You are not advising all your constituents not to get into a vehicle with unknow people while they are under the influence of alcohol and, or durgs? You are not advising ALL our constituents to Protect ALL their relatives by Watching out for white vans with non-community people, who are taking our Relatives? You are not Questioning the non-Navajo govt groups that are taking our Relatives for drug & alcohol treatment without their knowledge or consent? Do your Amendments address this issue since you & your agent, Chief Prosecutor Vernon Jackson, repeatedly said that the proposed Criminal Code Amendments are to Protect we, the Dine’?
7 pm, 12.27.22, Delegate Elmer Begay makes Amendment 1 to Legislation 0240-22 to delete section 381 and overstrike language that the defense for consuming and transporting peyote is to be an enrolled member of NAC and to present NAC membership card.
Second by Delegate Daniel Tso
Delegate Elmer Begay says federal law only requires that you have a census number to consume and transport peyote. Legislation 0240-22 would add another layer to consuming & transporting peyote. There are other NAC leaders that support what I am proposing as an amendment to 0230-22.
7:22 pm, 12.27.22, Law & order committee chairwoman eugenia Charles newton out of order – again…LOL Now she’s justifying her amendment regarding Azee Shima that if a Dine’ is Stopped for Consuming & Transporting Azee Shima then he or she MUST produce a NAC membership card in Utah or where incident occurred to prevent the police from arresting a Dine’ for consuming & transporting peyote. She also said that Delegate Elmer Begay accused her of basing her Peyote Amendment on a limited NAC group, but he’s doing the same thing. Where is Charles Newton’s brain? What are the assurances that the state police/sheriff dept/police of Utah or any other state will Recognize a Navajo NAC membership card & there will be no arrest? Charles Newton also justifying that a membership card will also prevent attorney costs, court costs, etc for getting arrested. At all the peyote conference that I attend, my leaders encourage me and other to get a membership card.
7:46 pm, 12.27.22, Delegate Carl Slater says that he researched the federal citations made by Navajo Chief Prosecutor Vernon Jackson and one addresses health.
This is a serious issue. There hasn’t been work sessions with other pey0te organizations. Please, explain how state law supersedes federal law” I would never tell anyone how to pray. We need a work session regarding peyote in Title 17, the criminal code, with all the organizations & our people.
7:55 pm, 12.27.22,
Navajo Dept of Justice gives Opinion on Delegate Elmer Begay’s amendment to Delete portion of 0240-22 that Demands that a Dine’ have a membership card to consume & transport Azee Shima or face arrest & prosecution by the Navajo govt in Navajo court: Section 391 is Controlled Substance and there is definition, which is very long. Peyote is defined as a Controlled Substance & having it is a violation of Navajo law.
What is being deleted is the exception to that law or defense, which is that they are a member of a bonafede tribe, have a peyote membership card.
Federal law is simlar to proposed 0240-22 Exception.
NOTE – Why am I not surprised that Navajo justice dept opinion supports Charles Newton…And federal law regarding Azee Shima does not require Membership Card.
8:20 pm, 12.27.22, Delegate Daniel Tso questions why the proposed Navajo Criminal Code Amendments “demand” a membership card. Will we be asking each other before we can enter ceremony/teepee if we have a membership card?
8:50 pm, 12.27.22, Almost eight hours later, the Naabik’iyati Committee continues to talk about Azee Shima like she is not a Female Deity….Be Careful, Naabki’iyati Committee. And IF they REALLY want to understand how to protect Azee Shima then they need to TALK/PRAY with Azee Shima with a Roadperson that is not an elected official & who was selected by Azee Shima to be her Doorway.
9:18 pm, 12.27.22, Speaker Otto Tso chides Navajo Public Defender Kathlenn Bowman for interrupting Delegate Jamie Henio. But then Henio says he wants Bowman to speak.
Bowman says that she wants to make a statement before she leaves the meeting and that’s when Speaker got after her.
FYI – Bowman informed Naabi prior to her statement now that she has asthma & that was why she was having difficulty providing her analysis of 0240-22, plus she was home and her analysis of 0240-22 was at her office.
Bowman informs Naabi that Once an individual is arrested, put in jail, arrangement, he or she will use money for defense counsel. And you Could lose job, home. And so If you have proof that member of federally recognized tribe & going to ceremony then that is Sufficient.
She adds that public defender office was Never notified that group working on Title 17. We found out from looking at Law & Order Committee agenda. We asked Chief Legislative Counsel Dana Bobroff for copy of proposed amendments and Bobroff denied our request. She said we could wait for amendment to be dropped as legislation.
Bowman emphasizes that We were never invited or told about work session. I can say that because I heard otherwise that we were invited. Vernon Jackson said we were invited and we were not.
Delegate Eugenia Charles Newton calls out POINT OF ORDER and says that Bowman should only answer question regarding the specific question regarding Delegate Elmer Begay’s amendment.
Delegate Carl Slater also calls POINT OF ORDER after Charles Newton calls Point of Order. Slater says When call of point of order, citation needs to be made. The presenter only making presentation.
Slater motions to Table 0240-22 to end of Naabi agenda. Second by Delegate Wilson Stewart Jr.
Naabi votes 10 in favor, 9 opposed on Tabling proposed Navajo Criminal Code amendment to end of Naabi agenda.
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY Red; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON Red; AMBER KANAZBAH CROTTY Green; SETH DAMON EXCUSED; HERMAN DANIELS Red; MARK FREELAND Green; PERNELL HALONA Red; JAMIE HENIO Green; VINCE JAMES Red; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR Red; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Red; THOMAS WALKER JR Green; EDISON WAUNEKA Red; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Red.
9:38 pm, 12.27.22, Delegate Jamie Henio motions to add Legislation 0241-22 & open to any additions/modification to Naabi agenda. Legislation 0241-22 is Council approving purchase of Chavez Ranch with $19 million from Navajo Nation Land Acquisition Fund and waiving of several Navajo laws. Second by Delegate Paul Begay.
Delegate jimmy Yellowhair motions to add Legislation 0259-22, which seeks Council approval $8M from Sihasin Fund for Navajo Community Development Corporation to provide loans. Sponsored
Speaker Otto Tso informed Yellowhair that 0249-22 is final authority at Budget & Finance Committee, which passed it. It is law.
Delegate Eugene Tso motions to add 0238-22, which seeks Council approval of $1M from UUFB to replenish 110 emergency funds & 0233-22 seeks council approval $65,000 from Sihasin for demolition of sites in Chinle.
Delegate Carl Slater motions to include 0239-22, which seeks council approval of $111,554 from UUFB for Dine Education for 15 broadband sites.
Delegate Elmer Begay motions to add 0232-22, which seeks council approval of $17M from Sihasin for Navajo Shopping Centers for expansion of Dilkon Shopping Center.
Naabi votes 17 in favor, 2 opposed to add 6 legislation to Naabi agenda.
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY Green; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON Red; AMBER KANAZBAH CROTTY Red; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
9:59 pm, 12.27.22, Naabi now on Consent Agenda which is Agenda item 7. NEW BUSINESS: A. CONSENT AGENDA
LEGISLATION 0231-22: An Action Relating to the Resources and Development Committee, Budget and Finance, and Naabik’íyáti’ Committees and the Navajo Nation Council; Approving a Memorandum of Agreement between the Navajo Nation and the Office of Navajo and Hopi Indian Relocation (“ONHIR”) for the Lower Highway 89 Development; Authorizing the President of the Navajo Nation to Accept a Gift of the Lower Highway 89 Land from the Navajo Nation Gaming Enterprise and Submit an Application to place the Lower Highway 89 Land into Trust Under Public Law 96-305 SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Raymond Smith, Jr.
LEGISLATION 0253-22: An Action Relating to the Health, Education and Human Services and Naabik’íyáti’ Committees; Approving and Supporting the Utah State Indian Child Welfare Act
SPONSOR: Honorable Carl R. Slater
SPONSOR: Honorable Raymond Smith, Jr.
LEGISLATION 0254-22: An Action Requesting the State of Arizona and State of Colorado to Develop, in Consultation with the Navajo Nation, an Indian Child Welfare Act to be Enacted Under State Law.
SPONSOR: Honorable Carl R. Slater
SPONSOR: Honorable Raymond Smith, Jr.
LEGISLATION 0262-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Amber Kanazbah Crotty’s Delegate Region (Chapters: Cove, Toadlena/Two Grey Hills, Red Valley, Sheepsprings, Beclabito, Gadiiahi/To’koi)
SPONSOR: Honorable Amber Kanazbah Crotty
CO-SPONSOR: Honorable Thomas Walker, Jr.
LEGISLATION 0263-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Wilson C. Stewart, Jr.’s Delegate Region (Chapters: Crystal, Fort Defiance, Red Lake,
Sawmill)
SPONSOR: Honorable Wilson C. Stewart, Jr.
CO-SPONSOR: Honorable Thomas Walker, Jr.
LEGISLATION 0265-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Elmer P. Begay’s Delegate Region (Chapters: Dilkon, Indian Wells, Teesto,
Whitecone, Greasewood Springs)
SPONSOR: Honorable Elmer P. Begay
CO-SPONSOR: Honorable Thomas Walker, Jr.
LEGISLATION 0266-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Vince R. James’ Delegate Region (Chapters: Jeddito, Cornfields, Ganado, Kinlichee,
Steamboat)
SPONSOR: Honorable Vince R. James
LEGISLATION 0267-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Kee Allen Begay, Jr.’s Delegate Region (Chapters: Tachee/Blue Gap, Many Farms,
Nazlini, Tselani/Cottonwood, Low Mountain)
SPONSOR: Honorable Kee Allen Begay, Jr.
LEGISLATION 0268-22: An Action Relating to the Naabik’íyáti’ Committee and the Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Eugene Tso’s Delegate Region (Chapter: Chinle)
SPONSOR: Honorable Eugene Tso
Naabi votes 19 in favor, 0 opposed to approve Consent Agenda
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY Green; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON Green; AMBER KANAZBAH CROTTY Green; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
10 pm, 12.27.22, Naabi now on LEGISLATION 0221-22: An Action Relating to the Resources and Development, Budget and Finance, and Naabik’íyáti’ Committees, and to the Navajo Nation Council; Allocating $150,000.00 from the Síhasin Fund for the Cornfields Chapter Veterans Organizations Courtyard; Approving the Related Expenditure Plan Pursuant to 12 N.N.C. § 2501 – § 2508
SPONSOR: Vince R. James
Naabi – without debate – votes 19 in favor, 0 opposed on 0221-22
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY Green; NATHANIEL BROWNd Green; EUGENIA CHARLES-NEWTON Green; AMBER KANAZBAH CROTTY Green; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
10:10 pm, 12.27.22, Naabi now on LEGISLATION 0234-22: An Act Relating to the Budget and Finance and Naabik’íyáti’ Committees, and to the Navajo Nation Council; Approving $244,749 from the Unreserved, Undesignated Fund Balance (“UUFB”) for the Legislative District Assistants Program and Waiving 12 N.N.C. § 820(E), § 820(F), § 820(J), and § 820(L) SPONSOR: Delegate Vince R. James
Delegate Amber Crotty says she is concerned about using Unreserved, Undesignated Fund Balance/UUFB, when Council agreed that they would set priorities for UUFB. Has the setting of priorities been made?
Were carryovers approved for Legislative Branch? And did Legislative Branch consider other funds for LDA program.
Delegate Crotty says that Delegate Vince James explanation of importance of LDA program and that his legislation budget forms are in order did not answer her question of whether Navajo leadership had meeting and set priority listing for UUFB by thee branch chiefs.
10:33 PM, 12.27.22, Acting Controller Elizabeth Begay informs Naabi that There was no discussion of setting priorities for UUFB, which has $22M available.
Delegate Amber Crotty asks in fiscal year budget, there was carryover & Legislative Branch received a carryover. Speaker, what was the carryover amount for the LB?
Speaker Otto Tso says we only received $59,000 for Ethics & Rules. $1M was ceiling for carryover. I can check with LB finance tomorrow on whether there was any more carryover funds.
Naabi votes 18 in favor, 0 opposed on 00234-22: which seeks Council approval of $244,749 from the Unreserved, Undesignated Fund Balance (“UUFB”) for the Legislative District Assistants Program and Waiving 12 N.N.C. § 820(E), § 820(F), § 820(J), and § 820(L)
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY NoVote; NATHANIEL BROWNd Green; EUGENIA CHARLES-NEWTON Green; AMBER KANAZBAH CROTTY Green; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
10:55 pm, 12.27.22, Delegate Jimmy Yellowhair says he is proud to sponsor 0259-22, which seeks Navajo Nation Council Approval of $8,000,000 from the Síhasin Fund for the Navajo Community Development Financial Institution, a Navajo govt enterprise, to Provide Loans and Support for Small Businesses Across the Navajo Nation; Approving the Related Expenditure Plan.
11 pm, 12.27.22, Delegate Carl Slater informs Naabi that he serve as shareholder for CDFI and I have repeatedly requested financial information. I am hoping to get that information before special Navajo Council session tomorrow.
CDFI representative Tom Ranger tells Slater that he wasn’t aware of his request & CDFI is more than willing to produce whatever information he is requesting.
Delegate Carl Salter says information needs info on viability of CDFI because $8M is for Navajo Small Businesses, and not CDFI.
Delegate Daniel Tso informs CDFI representative Tom Ranger that it concerns him that Ranger is telling Delegate Slater to email CDFI, when he should be directing CDFI CEO to provide information to Slater and Navajo Council.
And how many small businesses is CDFI expecting to fund? Does CDFI have list of small businesses needing financial assistance?
CDFI representative Tom Ranger says most loans are small loans to silversmiths, livestock folks with $10,000 to $50,000 and up to $100,d000. 100% of Navajo small businesses were negatively impacted by COVID. Many had to shut down. We’ll provide information tomorrow morning.
11a:16 pm, 12.27.22, Delegate Daniel Tso informs CDFI that they received Sihasin Funds before and now CDFI wants more Sihasin Funds. There are other entities that have not received Sihasin Funds. And did I hear CDFI Ranger report that they wrote off loans?
CDFI Ranger says that CDFI provided 100 loans and 75% have defaulted. And most small Navajo businesses report that the wearing of masks has negatively impacted their businesses.
11:25 pm, 12.27.22, Delegate Carl Slater, the Navajo Council shareholder representative, said he hopes that the verbal reports from CDFI rep Tom Ranger will be in writing because he does not receive written reports. The annual reports from CDFI are really simple.
CDFI rep Tom Ranger says that reports will be provides to Slater & Naabi.
Naabi votes 15 in favor, 2 opposed on 0259-22, which seeks Navajo Nation Council Approval of $8,000,000 from the Síhasin Fund for the Navajo Community Development Financial Institution, a Navajo govt enterprise, to Provide Loans and Support for Small Businesses Across the Navajo Nation; Approving the Related Expenditure Plan.
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY Green; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON EXCUSED; AMBER KANAZBAH CROTTY EXCUSED; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Red; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Red; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
11:30 pm, 12.27.22, Naabi now on 0238-22, which seeks Council approval of Council; Approving $1,875,231 from the Unreserved, Undesignated Fund Balance (“UUFB”) to Replenish the 110 Chapters’ Emergency Fund Accounts; Waiving 12 N.N.C. § 820(O) SPONSOR
Eugene Tso
CO-SPONSOR(S)
Daniel E. Tso
Thomas Walker, Jr.
Naabi – without debate – votes 17 in favor, 0 opposed on 0238-22
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY Green; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON EXCUSED; AMBER KANAZBAH CROTTY EXCUSED; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
11:42 pm, 12.27.22, Naabi now on Legislation 0233-22, which seeks Navajo Nation Council Approval of $65,000 from the Síhasin Fund for the Demolition and Cleanup of the Former Smith’s Café Business Site Under the Chinle RBDO; Approving the Related Expenditure Plan
SPONSOR Eugene Tso
Naabi votes 17 in favor, 0 opposed on 0233-22
UNOFFICIAL voting tally:
ELMER BEGAY Green; KEE ALLEN BEGAY JR Green; PAUL BEGAY Green; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON EXCUSED; AMBER KANAZBAH CROTTY EXCUSED; SETH DAMON EXCUSED; HERMAN DANIELS Green; MARK FREELAND Green; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR Green; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
11:47 pm, 12.27.22, Delegate Vince James motions to adjourn. Speaker Otto Tso says that Naabi on roll and Naabi should act on two more legislation. James asks if Naabi can continue past midnight? Speaker Otto Tso says yes.
Delegate Carl Slater says there also are additional legislation to add to Naabi agenda.
Delegates ask how will Naabi meet at 8 am, if there is a two-hour delay for Navajo govt.
Delegate Eugene Tso says Naabi needs to recess because a storm is coming in.
Speaker Otto Tso continues pressuring Naabi to continue working on legislation and says that Health, Education & Human Services Committee & Resources & Development Committee will be meeting tomorrow on legislation that needs to go before Naabi and then Navajo Council.
Delegate Vince James asks if Naabi begins at 10 am?
Speaker Otto Tso says yes to allow HEHS & RDC to meet at 8 am tomorrow.
12:37 am, 12.28.22, Delegate Vince James says he has additional questions on 0232-22 which is why he asked for a Recess earlier. James says he is very concerned about staff who are still working at the Navajo Council chambers in Window Rock, Ariz., with a winter storm that has arrived. Delegate Daniel Tso Seconds.
Naabi votes 15 in favor, 1 opposed to Recess.
UNOFFICIAL voting tally:
ELMER BEGAY Red; KEE ALLEN BEGAY JR Green; PAUL BEGAY NoVote; NATHANIEL BROWN Green; EUGENIA CHARLES-NEWTON EXCUSED; AMBER KANAZBAH CROTTY EXCUSED; SETH DAMON EXCUSED; HERMAN M DANIELS JR Green; MARK FREELAND NoVote; PERNELL HALONA Green; JAMIE HENIO Green; VINCE JAMES Green; RICKIE NEZ EXCUSED; CARL SLATER Green; RAYMOND SMITH JR NoVote; WILSON STEWART JR Green; CHARLAINE TSO EXCUSED; DANIEL TSO Green; EUGENE TSO Green; THOMAS WALKER JR Green; EDISON WAUNEKA Green; EDMUND YAZZIE NoVote; JIMMY YELLOWHAIR Green
NAABIK’ÍYÁTI’ COMMITTEE OF THE 24th NAVAJO NATION COUNCIL
SPECIAL MEETING
(VIA TELECOMMUNICATION)
Call-in Number: (669) 900-6833
Meeting ID: 928 871 7160
Passcode: 86515
Window Rock, Navajo Nation (AZ)
Livestream will be available online at:
VIMEO: www.vimeo.com/navajonationcouncil
YouTube: www.youtube.com/navajonationcouncil
NNC Facebook: http://www.facebook.com/navajonationcouncil/
Tuesday, December 27, 2022 – 8:00 AM to Wednesday, December 28, 2022 – 8:00 AM to 1:00 PM
PROPOSED AGENDA
PRESIDING CHAIR: Honorable Otto Tso, Speaker, 24th Navajo Nation Council; BUDGET & FINANCE COMMITTEE RESOURCES & DEVELOPMENT COM. HEALTH, EDUCATION & HUMAN SERVICES COM. LAW AND ORDER COMMITTEE Hon. Elmer P. Begay Hon. Kee Allen Begay, Jr. Hon. Paul Begay Hon. Eugenia Charles-Newton (C) Hon. Nathaniel Brown Hon. Herman M. Daniels, Jr. Hon. Pernell Halona Hon. Vince R. James Hon. Amber Kanazbah Crotty Hon. Mark A. Freeland Hon. Carl Roessel Slater (VC) Hon. Eugene Tso Hon. Jamie Henio (C) Hon. Rickie Nez (C) Hon. Charlaine Tso Hon. Seth Damon Hon. Raymond Smith, Jr. (VC) Hon. Wilson C. Stewart, Jr. Hon. Daniel E. Tso (C) Hon. Edmund Yazzie Hon. Jimmy Yellowhair Hon. Thomas Walker, Jr. (VC) Hon. Edison J. Wauneka (C) Chair & (VC) Vice Chair
- CALL MEETING TO ORDER; ROLL CALL; INVOCATION
- RECOGNIZE GUESTS AND VISITING OFFICIALS (2 Minute Limit per Delegate)
- REVIEW AND ADOPT THE AGENDA
(m) (s) (v) - REVIEW AND ADOPT THE JOURNALS: NONE
- RECEIVE REPORTS: NONE
- OLD BUSINESS:
A. LEGISLATION 0232-21: An Action Relating to Resources and Development Committee; Naabik’íyáti’ Committee, and the Navajo Nation Council; Approving Oil and Gas Operating Agreements Between the Navajo Nation and Navajo Nation Oil and Gas Company for Tohachee Wash, Beautiful Mountain, and Porcupine Dome
SPONSOR: Honorable Seth Damon
CO-SPONSOR: Honorable Elmer P. Begay
(m) (s) (v)
04/19/2022 – Motion to Refer Legislation 0232-21 to the Naabik’íyáti’ Committee for further discussion; (M) Hon. Otto Tso; (S) Hon. Edison J.
Wauneka; (V) 22 In Favor, 00 Opposed (Speaker Pro Tem Charles-Newton Not Voting)
B. LEGISLATION 0240-22: An Act Relating to the Law and Order, and Naabik’íyáti’ Committees and the Navajo Nation Council; Amending Title 17 of the Navajo Nation Code
SPONSOR: Honorable Eugenia Charles-Newton
CO-SPONSOR: Honorable Otto Tso
(m) (s) (v)
12/19/2022 – Time Expired at the Naabik’íyáti’ Committee Special Meeting; (M) Hon. Jimmy Yellowhair; (S) Hon. Vince R. James; (V) VOTE PENDING - NEW BUSINESS:
A. LEGISLATION 0221-22: An Action Relating to the Resources and Development, Budget and Finance, and Naabik’íyáti’ Committees, and to the Navajo Nation Council; Allocating $150,000.00 from the Síhasin Fund for the Cornfields Chapter Veterans Organizations Courtyard; Approving the Related Expenditure Plan Pursuant to 12 N.N.C. § 2501 – § 2508
SPONSOR: Honorable Vince R. James
(m) (s) (v)
B. LEGISLATION 0231-22: An Action Relating to the Resources and Development Committee, Budget and Finance, and Naabik’íyáti’ Committees and the Navajo Nation Council; Approving a Memorandum of Agreement between the Navajo Nation and the Office of Navajo and Hopi Indian Relocation (“ONHIR”) for the Lower Highway 89 Development; Authorizing the President of the Navajo Nation to Accept a Gift of the Lower Highway 89 Land from the Navajo Nation Gaming Enterprise and Submit an Application to place the Lower Highway 89 Land into Trust Under Public Law 96-305
SPONSOR: Honorable Otto Tso
CO-SPONSOR: Honorable Raymond Smith, Jr.
(m) (s) (v)
C. LEGISLATION 0234-22: An Act Relating to the Budget and Finance and Naabik’íyáti’ Committees, and to the Navajo Nation Council; Approving $244,749 from the Unreserved, Undesignated Fund Balance (“UUFB”) for the Legislative District Assistants Program and Waiving 12 N.N.C. § 820(E), § 820(F), § 820(J), and § 820(L) SPONSOR: Honorable Vince R. James
(m) (s) (v)
D. LEGISLATION 0253-22: An Action Relating to the Health, Education and Human Services and Naabik’íyáti’ Committees; Approving and Supporting the Utah State Indian Child Welfare Act
SPONSOR: Honorable Carl R. Slater
SPONSOR: Honorable Raymond Smith, Jr.
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E. LEGISLATION 0254-22: An Action Requesting the State of Arizona and State of Colorado to Develop, in Consultation with the Navajo Nation, an Indian Child Welfare Act to be Enacted Under State Law.
SPONSOR: Honorable Carl R. Slater
SPONSOR: Honorable Raymond Smith, Jr.
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F. LEGISLATION 0262-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Amber Kanazbah Crotty’s Delegate Region (Chapters: Cove, Toadlena/Two Grey Hills, Red Valley, Sheepsprings, Beclabito, Gadiiahi/To’koi)
SPONSOR: Honorable Amber Kanazbah Crotty
CO-SPONSOR: Honorable Thomas Walker, Jr.
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G. LEGISLATION 0263-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Wilson C. Stewart, Jr.’s Delegate Region (Chapters: Crystal, Fort Defiance, Red Lake,
Sawmill) SPONSOR: Honorable Wilson C. Stewart, Jr.
CO-SPONSOR: Honorable Thomas Walker, Jr.
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H. LEGISLATION 0265-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Elmer P. Begay’s Delegate Region (Chapters: Dilkon, Indian Wells, Teesto,
Whitecone, Greasewood Springs)
SPONSOR: Honorable Elmer P. Begay
CO-SPONSOR: Honorable Thomas Walker, Jr.
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I. LEGISLATION 0266-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Vince R. James’ Delegate Region (Chapters: Jeddito, Cornfields, Ganado, Kinlichee,
Steamboat)
SPONSOR: Honorable Vince R. James
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J. LEGISLATION 0267-22: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Kee Allen Begay, Jr.’s Delegate Region (Chapters: Tachee/Blue Gap, Many Farms,
Nazlini, Tselani/Cottonwood, Low Mountain)
SPONSOR: Honorable Kee Allen Begay, Jr.
(m) (s) (v)
K. LEGISLATION 0268-22: An Action Relating to the Naabik’íyáti’ Committee and the Navajo Nation Council; Approving the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Eugene Tso’s Delegate Region (Chapter: Chinle)
SPONSOR: Honorable Eugene Tso
(m) (s) (v) - CLOSE OF MEETING; ANNOUNCEMENTS; ADJOURNMENT
AGENDA SUBJECT TO CHANGE: The public is advised that the Navajo Nation Council Agenda and the Agendas of the Standing Committees are not final until adopted by a majority vote of the Navajo Nation Council or the Standing Committee at a Navajo Nation Council or a Standing Committee meeting pursuant to 2 N.N.C. §§163 and 183, Navajo Nation Council Rule of Order No. 7, and Standing Committee Rule of Order No. 8.
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