Greetings Relatives/Frens,
The Navajo Nation Council is having a Special Session TOMORROW, Nov. 26, 2013, to take action on LEGISLATION 0213-13, which is the $220 MILLION BOND/LOAN to construct revenue generating projects and capital improvements projects across the Navajo Reservation. And before the Council Special Session, the Naabik’iyati’ Committee is meetings and among their agenda items is LEGISLATION 0285-13, which is a Five Year Plan for the Council to use about $35 million in interest generated by the Permanent Trust Fund. Another Naabi agenda item of interest if LEGISLATION 0118-13, which is a Five Year Capital Improvement Project plan for the 110 chapters that totals more than $400 million.
The $220 MILLION BOND/LOAN is the sole item on the Council’s proposed agenda. The agenda is proposed until the Council votes to approve. And before the Council approves its agenda with a majority vote, any member of the Council can add legislation to the Council agenda. Items can also be added during the Council session but a two-thirds vote is required.
And so why are the Council and Naabi meeting on the same day and why is Naabi meeting before the Council?
It’s because the two pieces of Naabi legislation that I pointed earlier must be approved by Naabi for the $220 MILLION BOND/LOAN to be approved by the Council because the BOND/LOAN is financially tied to using the Permanent Trust Fund interest earned or income. But the Council cannot spend the PTF Interest/Income until it approves a Five Year Plan. And LEGISLATION 0285-13 is the PTF INTEREST/INCOME FIVE YEAR PLAN.
And if you take the time to read LEGISLATION 0285-13, you will see that it refers to LEGISLATION 0118-13, which is the Chapters’ Infrastructure Improvement Priority Projects for Fiscal Year 2013 through 2018. And the Chapters’ Infrastructure Priority Projects totals more than $400 million.
Ever since the Navajo Nation Permanent Trust Fund was created in 1985, the Council has been unable to approve a Five Year Plan to use the PTF Income, which is the interested generated by the PTF Principal, because each Council Delegate wants community projects from their areas funded with the PTF income/interest. The lack of a Five Year Plan has grown the PTF Income/Interest to about $35 million. The PTF Principal, which cannot be touched until the People approve it by referendum, has grown to about $1.4 billion.
The related Naabi legislation to the $220 MILLION BOND/LOAN are:
b. Legislation No. 0285-13: Relating to Resource and Development, Budget and Finance, and Naabik’iyati’; Approving a Five Year Funding Plan for use of Ninety-Five (95%) of the Permanent Fund Income in Accordance with 12 N.N.C. §905 (B&F 9/26/13) (Sponsor: Honorable Danny Simpson)
WEB ADDRESS
https://drive.google.com/file/d/0B7xhIWpNuJXiQ3JtemoyR3Fnczg/edit?usp=sharing
l. Legislation No. 0118-13: Relating to Resources and Development and Budget and Finance and Naabik’iyati’; Recommending and Approving the Navajo Nation Chapters’ Infrastructure Improvement Priority Projects for Fiscal Year 2013 through 2018 (B&F 8/06/13) Sponsors: Honorable Jonathan L. Hale/Honorable Katherine Benally
This legislation was recommended for a Work Session on September 5, 2013.
WEB ADDRESSES:
https://drive.google.com/file/d/0B7xhIWpNuJXiUEFvQmRZaXU0SWs/edit?usp=sharing
Budget & Finance Committee supporting resolution:
https://drive.google.com/file/d/0B7xhIWpNuJXiRUd4SkZJTGNIbG8/edit?usp=sharing
Resources & Development Committee supporting resolution
https://drive.google.com/file/d/0B7xhIWpNuJXicGs1ZWVIZjRCTTQ/edit?usp=sharing
Chinle Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXicGs1ZWVIZjRCTTQ/edit?usp=sharing
Eastern Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiLWdfbHNBMk9XVDg/edit?usp=sharing
Fort Defiance Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiN2tQYWh2Z2dkZTA/edit?usp=sharing
Northern Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiWlFiLXV6NVVubjQ/edit?usp=sharing
Western Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiaGZ4aEU3UjMzUUE/edit?usp=sharing
THE FOLLOWING IS THE PROPOSED AGENDA FOR NAABI’S 11-26-13 MEETING, WHICH IS SCHEDULED TO START AT 9 AM, AT THE Navajo Nation Council Chambers, Window Rock, Ariz.
1. CALL THE COMMITTEE MEETING TO ORDER:
ROLL CALL:
INVOCATION:
ANNOUNCEMENTS:
2. Recognizing Guests and Visiting Officials to the Committee Meeting.
3. Reviewing and Approving the Proposed Agenda for November 26, 2013:
4. Reviewing and Approving the Journal(s): November 7, 2013
5. RECEIVING REPORT(S): None
6. OLD BUSINESS: None
7. NEW BUSINESS:
a. Legislation No. 0500-12: Relating to Resources and Development, Naabik’iyati’ Committees: Amending Resolution CAP-15-10 to Extend the period of a Limited Waiver of Sovereign Immunity Allowing the Navajo Nation to be Sued in Federal District Court for Compliance with National Environmental Protection Act in order to carry out HUD Grants and Authorizing the President of the Navajo Nation to be the Certifying Tribal Official to Execute Form 7015.15 through September 30, 2017. (Sponsors: Honorable Russell Begaye, Honorable Roscoe Smith)
WEB ADDRESS:
https://drive.google.com/file/d/0B7xhIWpNuJXiVU5NNVl0UWplZVBvbFhqV2ExMHh2RGpBZzdz/edit?usp=sharing
b. Legislation No. 0285-13: Relating to Resource and Development, Budget and Finance, and Naabik’iyati’; Approving a Five Year Funding Plan for use of Ninety-Five (95%) of the Permanent Fund Income in Accordance with 12 N.N.C. §905 (B&F 9/26/13) (Sponsor: Honorable Danny Simpson)
WEB ADDRESS
https://drive.google.com/file/d/0B7xhIWpNuJXiQ3JtemoyR3Fnczg/edit?usp=sharing
c. Legislation No. 0290-13: Relating to Law and Order, Resources and Development, Budget and Finance, Health, Education and Human Services, and Naabik’iyati’; Amending 25 N.N.C. §§605 ET SEQ. Approving the Elimination of the Sales Tax on Fresh Fruits, Fresh Vegetables, Water, Nuts, Seeds and Nut Butters (HEHS 10/30/13) (Sponsors: Honorable Danny Simpson, Honorable Jonathan L. Hale)
WEB ADDRESS:
https://drive.google.com/file/d/0B7xhIWpNuJXiQU9aNnNlTUlWX1U/edit?usp=sharing
d. Legislation No. 0340-13: Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution CO-57-13 (NABI) (Sponsors: Honorable Leonard Tsosie, Honorable Leonard Pete, Honorable Nelson Begaye, Honorable Katherine Benally, Honorable Kenneth Maryboy, Honorable David L. Tom, Honorable Alton Joe Shepherd, Honorable Dwight Witherspoon, Honorable Charles Damon II, Honorable Lorenzo Curley, Honorable Jonathan L. Hale, Honorable Johnny Naize)
WEB ADDRESS
https://drive.google.com/file/d/0B7xhIWpNuJXidFdDLWRyc2F5SFRLYXFOX0tzUEhQVVdXOUdr/edit?usp=sharing
e. Legislation No. 0301-13: Relating to Health, Education and Human Services and Naabik’iyati’; Supporting and Recommending a Cooperative Agreement between the Navajo Nation, McKinley and San Juan Counties and the New Mexico Public Education Department for purposes of Student Transportation (HEHS 10/9/13) (Sponsor: Honorable Jonathan L. Hale)
WEB ADDRESS
https://drive.google.com/file/d/0B7xhIWpNuJXieU9WUGdsTW5Xd0U/edit?usp=sharing
f. Legislation No. 0316-13: Relating to Resources and Development and Naabik’iyati’; Authorizing the Submittal of a Federal Grant Application for $76,663 to the United States Environmental Protection Agency Region 9, with a Navajo Nation Match of $25,554, for a total of $102,217, Waiving the Indirect Cost Rate, for the period beginning October 1, 2013 and ending September 30, 2014, to continue the Underground Injection Control Program; and Accepting the Grant if awarded on substantially the Same Terms as applied (RDC 10/29/13) (Sponsor: Honorable Katherine Benally)
WEB ADDRESS
https://drive.google.com/file/d/0B7xhIWpNuJXiMEJsc0VEcDdEYUNMUUt4bGltbG91UzlwUlF3/edit?usp=sharing
g. Legislation No. 0317-13: Relating to Resources and Development and Naabik’iyati’; Authorizing the Submittal of a Federal Grant Application for $597,729 to the United States Environmental Protection Agency Region IX, with No Navajo Nation Match, Waiving the Indirect Cost Rate, for the period beginning October 1, 2013 and ending September 30, 2014, to Continue the Superfund Consolidated Cooperative Agreement Program; and Accepting the Grant if Awarded on substantially the Same Terms as applied for (RDC 10/29/13) (Sponsor: Honorable Roscoe Smith)
WEB ADDRESS:
https://drive.google.com/file/d/0B7xhIWpNuJXiTHdhMUpnRzJ6cVk/edit?usp=sharing
h. Legislation No. 0318-13: Relating to Resources and Development and Naabik’iyati’; Authorizing the Submittal of a Federal Gant Application for $254,636 to the United States Environmental Protection Agency Region IX, with No Navajo Nation Match, Waiving the Indirect Cost Rate, for the period beginning October 1, 2013 and ending September 30, 2014, to Continue the Support Agency Cooperative Agreement Project; and Accepting the Grant if Awarded on substantially the Same Terms as applied for (RDC 10/29/13) (Sponsor: Honorable Roscoe Smith)
WEB ADDRESS:
https://drive.google.com/file/d/0B7xhIWpNuJXiSVpSUTFGdm1pb2c/edit?usp=sharing
i. Legislation No. 0319-13: Relating to Resources and Development and Naabik’iyati’; Authorizing the Submittal of a Federal Grant Application for $955,874 to the United States Environmental Protection Agency Region IX, with No Navajo Nation Match, Waiving the Indirect Cost Rate, for the period beginning October 1, 2013 and ending September 30, 2014, to Continue the Superfund State and Tribal Response (Brownfields) Program; and Accepting the Grant if Awarded on substantially the Same Terms as applied for (RDC 10/29/13) (Sponsor: Honorable Roscoe Smith)
WEB ADDRESS:
https://drive.google.com/file/d/0B7xhIWpNuJXieHV6dDk3NUw5azg/edit?usp=sharing
j. Legislation No. 0323-13: Relating to Law and Order and Naabik’iyati’; Approving Agreement between Federal Emergency Management Agency and Navajo Nation for Major Disaster Designated as FEMA-4104-DR (L&O 10/28/13) (Sponsors: Honorable Edmund Yazzie, Honorable Alton Joe Shepherd)
WEB ADDRESS:
https://drive.google.com/file/d/0B7xhIWpNuJXiN3FRU1JiaEkxckE/edit?usp=sharing
k. Legislation No. 0327-13: Relating to Naabik’iyati’; Approving Agreement for the Period January 01, 2014 to December 31, 2018 Between the U.S. Department of the Interior and the Navajo Nation for Navajo Children and Family Services Pursuant to the Indian Self-Determination and Education Assistance Act; Further Approving Annual Funding Agreement for Fiscal Year 2014 (NABI) (Sponsor: Honorable Dwight Witherspoon)
WEB ADDRESS:
https://drive.google.com/file/d/0B7xhIWpNuJXidUFVWE9MZ0ZwOEE/edit?usp=sharing
l. Legislation No. 0118-13: Relating to Resources and Development and Budget and Finance and Naabik’iyati’; Recommending and Approving the Navajo Nation Chapters’ Infrastructure Improvement Priority Projects for Fiscal Year 2013 through 2018 (B&F 8/06/13) Sponsors: Honorable Jonathan L. Hale/Honorable Katherine Benally
This legislation was recommended for a Work Session on September 5, 2013.
WEB ADDRESSES:
https://drive.google.com/file/d/0B7xhIWpNuJXiUEFvQmRZaXU0SWs/edit?usp=sharing
Budget & Finance Committee supporting resolution:
https://drive.google.com/file/d/0B7xhIWpNuJXiRUd4SkZJTGNIbG8/edit?usp=sharing
Resources & Development Committee supporting resolution
https://drive.google.com/file/d/0B7xhIWpNuJXicGs1ZWVIZjRCTTQ/edit?usp=sharing
Chinle Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXicGs1ZWVIZjRCTTQ/edit?usp=sharing
Eastern Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiLWdfbHNBMk9XVDg/edit?usp=sharing
Fort Defiance Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiN2tQYWh2Z2dkZTA/edit?usp=sharing
Northern Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiWlFiLXV6NVVubjQ/edit?usp=sharing
Western Agency’s Infrastructure & Capital Improvement Plan:
https://drive.google.com/file/d/0B7xhIWpNuJXiaGZ4aEU3UjMzUUE/edit?usp=sharing
8. NEXT MEETING DATE: December 05 & 12, 2013
9. CLOSING OF THE COMMITTEE MEETING; ANNOUNCEMENT; ADJOURNMENT.
(Note: Agenda is subject to change)
THE FOLLOWING IS THE PROPOSED AGENDA FOR THE NAVAJO COUNCIL’S 11-26-13 SPECIAL SESSION, WHICH IS SCHEDULED TO START AT AFTER THE NAABIK’IYATI’ COMMITTEE MEETING:
1. Call the Special Session to Order; Roll Call; and Invocation.
2. Recognize the Guests and Visiting Officials to the Navajo Nation.
3. Review and Adopt the Agenda for the Special Session of the Navajo Nation Council.
4. Reports: None
5. Old Business: None
6. New Business:
a. Legislation No. 0213-13: Relating to Resources and Development and Budget and Finance; Declaring its Official Intent to Reimburse Itself with the Proceeds of the General Obligation Bonds And/Or the Draw-Down General Obligation Bonds in One or More Series in the Aggregate Total Amount of up to Two Hundred Twenty Million Dollars $220,000,000) to Refund Certain Outstanding Bank Indebtedness and to Finance Economic Development and Infrastructure Projects in Two Components: A) $100 Million in General Obligation Bonds (In the Form of Long-Term Fixed Rate Bonds to be Sold to Institutional Investors) and B) Up to $120 Million in Draw-Down General Obligation Bonds (In the Form of a Bank Loan(s) that can be Drawn on as Needed to Fund Approved Projects) and Subject to Completion of Independent Credit Review and Approval Process Prior to the Funding of Any Economic Development
Sponsors: DELEGATES Katherine Benally, Leonard Pete, Joshua Lavar Butler, Honorable George Apachito, Walter Phelps, Mel R. Begay, Jonathan L. Hale, Charles Damon II, Johnny Naize
WEB ADDRESS
https://drive.google.com/file/d/0B7xhIWpNuJXiU1ZaUkMwc01GdTA/edit?usp=sharing
7. Close of Special Session; Announcement; and Adjournment.
NAVAJO COUNCIL AND NAABIKI’YATI COMMITTEE MEMBERS:
LoRenzo Bates
Katherine Benally
Edmund Yazzie
Jonathan Hale
Jonathan Nez
Roscoe Smith
Alton Shepherd
Charles Damon II
Danny Simpson
George Apachito
Elmer Begay
Dwight Witherspoon
Mel R. Begay
Leonard Tsosie
Duane Tsinigine
Joshua Lavar Butler
Lorenzo Curley
David Tom
Russell Begaye
Walter Phelps
Nelson BeGaye
Leonard Pete
Kenneth Maryboy
WEB ADDRESS FOR NAVAJO NATION COUNCIL INFORMATION, SUCH AS COUNCIL MEETINGS, STANDING COMMITTEE MEETINGS, PROPOSED LEGISLATION:
