Greetings Relatives/Frens/Humans, the Navajo Nation Council Naabik’iyati Committee is scheduled to meet in the Navajo Nation Council chambers, at 9 am, Thursday, Dec. 28, 2023.
And yes, live streaming is scheduled on the Navajo Nation Council YouTube channel for the Naabi Committee Thursday. And Zoom or Calling In are also available at https://navajonationcouncil-org.zoom.us/j/9288717160?pwd=T3k3VE1uV3JYQ3JaQnZPbkJUWmRRZz09&omn=89355240517
Call-in Number: (669) 900-6833
Meeting ID: 928 871 7160
Passcode: 86515
Another Navajo Nation Council standing committee is meeting, the Law & Order Committee Thursday, Dec. 28, 2023, and their special meeting is scheduled to start at 8 am in the Navajo Council chambers in Window Rock, Ariz.
And once again, LOC Chairwoman Eugenia Charles-Newton is being anti-Dine’. Charles-Newton continues to schedule LOC meetings without welcoming the Dine’ into their Navajo Nation Council standing committee meeting by providing virtual attendance via the Navajo Nation Council YouTube channel, Zoom and Calling In.
There is one item on the LOC proposed agenda, a report on OnSat issue from Navajo Nation Attorney General Ethel Branch, who heads the Navajo Nation Department of Justice. But there’s a really good chance that only the LOC and whomever is allowed to stay in the LOC will hear Branch’s report because the proposed agenda stated that Branch’s report “requires Executive Session.”
In 2009, Jason Begay and I were working full time for the Navajo Times newspaper and we worked together on a series of a stories about the executive summary of a report that the Navajo Nation Council used to place then Navajo Nation President Joe Shirley Jr. on leave with pay regarding his dealings with OnSat, a now defunct Utah-based telecommunications company that is apparently still haunting the Navajo Nation.
The Washington, D.C., law firm of Garvey Schubert Barer produced the executive summary, which accused OnSat of subverting the tribe’s original intent to develop a network of landlines to supply high-speed Internet. Instead OnSat worked to keep the chapter houses, in particular, dependent on the much more expensive and less reliable satellite connections.
“With a ready source of annual funding by E-Rate, the actions of OnSat undermined the original intent of the nation … for the chapters to utilize satellite connectivity on a temporary basis,” the summary stated. It also noting that OnSat stood to lose customers as the chapters switched to line-based Internet.
The executive summary of the Sacks Tierney report closed by warning that if the tribe delays further in acting, particularly in prosecuting fraud violations, the five-year statute of limitations may expire and give the guilty parties a free pass.
The report, dated Dec. 8, 2008, was addressed to the Universal Service Administrative Co., a private entity that doles out federal E-Rate funds. E-Rate funds are used to develop telecommunications, such as Internet service, in underserved and low-income communities.
The executive summary also found that the cost of providing Internet service to Head Start classrooms was stated as $3.7 million, while the real figure was a little over $300,000.
Both the forged and original documents are identical in detailing the scope of work that OnSat would provide, but what cost $318,240 one year increased to more than $3.7 million the next, the report said.
“There is no explanation as to the source of the ($3.7 million) figure,” the report states.
OnSat came to the Navajo Nation during the administration of former President Kelsey Begaye and obtained a contract to connect all 110 chapter houses to the Internet. USAC agreed to provide E-Rate funds to pay 90 percent of the tribe’s bill for Internet service from OnSat.
USAC pulled it federal funding after it caught wind of the 2007 Navajo Nation Audit alleging the Navajo Nation overpaid OnSat by more than $600,000, and raising questions about how the company’s contracts with the Nation had quickly ballooned to many times their original size under the Joe Shirley – Ben Shelly administration.
In 2009, the Navajo Nation filed a lawsuit against USAC to appeal USAC findings against the Navajo Nation. Further, a recent court case (Bianca v. FCC) ruled that there is no statute of limitations for the FCC to recoup funding, which created a risk that USAC may try to recoup the funding recently awarded to the Navajo Nation in future years, as they do not do their due diligence on eligibility prior to issuing awards, but instead usually scrutinize awards years later.
And now, back to the Naabik’iyati Committee. According to Naabi’s proposed agenda, Item D. LEGISLATION 0255-23 is an override of Navajo Nation President Buu Nygren’s veto of the Navajo Council’s Resolution CO-85-34, which amended Title 26 of the Navajo Nation Code to allow for Virtual Attendance at Chapter meetings. The Navajo Council has final authority on the override legislation, which requires 16 yes vote or 2/3 of the Navajo Council for a successful override. Health, Education and Human Services Committee Chairman Vince R. James is sponsoring the override legislation.
The Naabik’iyati Committee’s proposed agenda also has a Consent Agenda, which is a list of legislation that are viewed as non-controversial and can be all voted on with one vote. The proposed Consent Agenda includes the following legislation, which only require final action by Naabi:
A. CONSENT AGENDA
LEGISLATION 0256-23: An Action Relating to the Naabik’íyáti’ Committee; Amending CD-61-22 and CAP-09-23 and CMY-40-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Vince R. James’ Delegate Region (Chapters: Jeddito, Cornfields, Ganado, Kinlichee, Steamboat), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Vince R. James
(m) (s) (v)
LEGISLATION 0260-23: An Action Relating to the Naabik’íyáti’ Committee; Amending CAU-71-23 and CAP-08-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Casey Allen Johnson’s Delegate Region (Chapters: Cameron, Coalmine Canyon, Birdsprings, Leupp, Tolani Lake), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Casey Allen Johnson
CO-SPONSOR: Honorable Eugenia Charles-Newton
(m) (s) (v)
LEGISLATION 0261-23: An Action Relating to the Naabik’íyáti’ Committee; Amending NABIO-28-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Rickie Nez’s Delegate Region (Chapters: T’iistoh Sikaad, Nenahnezad, Upper Fruitland, Tse’ Daa’ Kaan, Newcomb, San Juan) to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Rickie Nez
CO-SPONSOR: Honorable Seth Damon
(m) (s) (v)
LEGISLATION 0263-23: An Action Relating to the Naabik’íyáti’ Committee; Amending NABIO-30-23 and CJY-55-23 and CAP-19-23 and CD-68-22, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Andy Nez, Ph.D.’s Delegate Region (Chapters: Crystal, Fort Defiance, Red Lake, Sawmill), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Andy Nez
(m) (s) (v)
LEGISLATION 0270-23: An Action Relating to the Naabik’íyáti’ Committee; Amending NABIO-37-23 and CJY-65-23 and CMY-42-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Danny Simpson’s Delegate Region (Chapters: Becenti, Lake Valley, Nahodishgish, Standing Rock, Whiterock, Huerfano, Nageezi, Crownpoint), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23) (Eligible for Action 12/25/23)
SPONSOR: Honorable Danny Simpson
(m) (s) (v)
LEGISLATION 0271-23: An Action Relating to the Naabik’íyáti’ Committee; Amending CMY-38-23 and CAP-10-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Helena Nez Begay’s Delegate Region (Chapters: Coppermine, K’aibii’to, LeChee, Tonalea/Red Lake, Bodaway/Gap), to Remove a Project and Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23) (Eligible for Action 12/25/23)
SPONSOR: Honorable Helena Nez Begay
(m) (s) (v)
LEGISLATION 0252-23: An Action Relating to The Naabik’íyáti’ Committee; Supporting United States Senate Bill 3561 and House Resolution 1855, Reauthorizing the Federal Indian Health Services Special Diabetes Program for Indians
SPONSOR: Honorable Vince R. James
(m) (s) (v)
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NAABIK’ÍYÁTI’ COMMITTEE OF THE 25th NAVAJO NATION COUNCIL REGULAR MEETING
Window Rock, Navajo Nation (AZ), Thursday, Dec 28, 2023, 9 AM
PROPOSED AGENDA
Livestream will be available online on YouTube: www.youtube.com/navajonationcouncil
Join Zoom Meeting: https://navajonationcouncil-org.zoom.us/j/9288717160?pwd=T3k3VE1uV3JYQ3JaQnZPbkJUWmRRZz09&omn=89355240517
Call-in Number: (669) 900-6833
Meeting ID: 928 871 7160
Passcode: 86515
PRESIDING CHAIR: Honorable Crystalyne Curley, Speaker
BUDGET & FINANCE COMMITTEE; HEALTH, EDUCATION, AND HUMAN SERVICES COMM.; RESOURCES & DEVELOPMENT COMM.; LAW & ORDER COMMITTEE, Hon. Shaandiin Parrish (c) Hon. Vince R. James (c) Hon. Brenda Jesus (c) Hon. Eugenia Charles-Newton (c) Hon. Carl R. Slater (vc) Hon. Germaine Simonson (vc) Hon. Casey A. Johnson (vc) Hon. Cherilyn Yazzie (vc) Hon. Lomardo Aseret Hon. Helena Nez Begay Hon. Shawna A. Claw Hon. Steven R. Arviso Hon. Norman M. Begay Hon. Dr. Andy Nez Hon. Rickie Nez Hon. Herman M. Daniels Hon. Amber Kanazbah Crotty Hon. George H. Tolth Hon. Danny Simpson Hon. Nathan Notah Hon. Seth Damon Hon. Curtis Yanito Hon. Otto Tso (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: November 9, 2023; November 16, 2023
(m) (s) (v) - RECEIVE REPORTS: NONE
- OLD BUSINESS: NONE
- NEW BUSINESS:
A. CONSENT AGENDA
LEGISLATION 0256-23: An Action Relating to the Naabik’íyáti’ Committee; Amending CD-61-22 and CAP-09-23 and CMY-40-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Vince R. James’ Delegate Region (Chapters: Jeddito, Cornfields, Ganado, Kinlichee, Steamboat), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Vince R. James
(m) (s) (v)
LEGISLATION 0260-23: An Action Relating to the Naabik’íyáti’ Committee; Amending CAU-71-23 and CAP-08-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Casey Allen Johnson’s Delegate Region (Chapters: Cameron, Coalmine Canyon, Birdsprings, Leupp, Tolani Lake), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Casey Allen Johnson
CO-SPONSOR: Honorable Eugenia Charles-Newton
(m) (s) (v)
LEGISLATION 0261-23: An Action Relating to the Naabik’íyáti’ Committee; Amending NABIO-28-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Rickie Nez’s Delegate Region (Chapters: T’iistoh Sikaad, Nenahnezad, Upper Fruitland, Tse’ Daa’ Kaan, Newcomb, San Juan) to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Rickie Nez
CO-SPONSOR: Honorable Seth Damon
(m) (s) (v)
LEGISLATION 0263-23: An Action Relating to the Naabik’íyáti’ Committee; Amending NABIO-30-23 and CJY-55-23 and CAP-19-23 and CD-68-22, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Andy Nez, Ph.D.’s Delegate Region (Chapters: Crystal, Fort Defiance, Red Lake, Sawmill), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Andy Nez
(m) (s) (v)
LEGISLATION 0270-23: An Action Relating to the Naabik’íyáti’ Committee; Amending NABIO-37-23 and CJY-65-23 and CMY-42-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Danny Simpson’s Delegate Region (Chapters: Becenti, Lake Valley, Nahodishgish, Standing Rock, Whiterock, Huerfano, Nageezi, Crownpoint), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23) (Eligible for Action 12/25/23)
SPONSOR: Honorable Danny Simpson
(m) (s) (v)
LEGISLATION 0271-23: An Action Relating to the Naabik’íyáti’ Committee; Amending CMY-38-23 and CAP-10-23, the Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Helena Nez Begay’s Delegate Region (Chapters: Coppermine, K’aibii’to, LeChee, Tonalea/Red Lake, Bodaway/Gap), to Remove a Project and Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23) (Eligible for Action 12/25/23)
SPONSOR: Honorable Helena Nez Begay
(m) (s) (v)
LEGISLATION 0252-23: An Action Relating to The Naabik’íyáti’ Committee; Supporting United States Senate Bill 3561 and House Resolution 1855, Reauthorizing the Federal Indian Health Services Special Diabetes Program for Indians
SPONSOR: Honorable Vince R. James
(m) (s) (v)
B. LEGISLATION 0257-23: An Action Relating to The Naabik’íyáti’ Committee; Amending NABIO-27-23 and CMY-36-23, The Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Curtis Yanito’s Delegate Region (Chapters: Mexican Water, To’likan, Tees Nos Pos, Aneth, Red Mesa), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Curtis Yanito
(m) (s) (v)
C. LEGISLATION 0258-23: An Action Relating to The Naabik’íyáti’ Committee; Amending CO-80-23 and CAP-15-23, The Navajo Nation Fiscal Recovery Fund Delegate Region Project Plan for Honorable Germaine Simonson’s Delegate Region (Chapters: Hard Rock, Forest Lake, Pinon, Black Mesa, Whippoorwill), to Include Additional Projects for this Delegate Region (2/3 vote required pursuant to resolution CAU-74-23)
SPONSOR: Honorable Germaine Simonson
CO-SPONSOR: Honorable Shawna Ann Claw
(m) (s) (v)
D. LEGISLATION 0255-23: An Action Relating to the Naabik’íyáti’ Committee and Navajo Nation Council; Overriding the Navajo Nation President’s Veto of Navajo Nation Council Resolution No. CO-85-23 (An Act Amending Title 26 of the Navajo Nation Code to Allow for Virtual Attendance at Chapter Meetings)
SPONSOR: Honorable Vince R. James
(m) (s) (v)
E. LEGISLATION 0262-23: An Action Relating to Naabik’íyáti’ Committee; Approving and Adopting the Legislative Priorities of the Navajo Nation Relating to the State of New Mexico for 2024
SPONSOR: Honorable Seth Damon
(m) (s) (v)
F. LEGISLATION 0266-23: An Action Relating to the Naabik’íyáti’ Committee; Confirming the Appointment of Larry Biltah to the Black Mesa Review Board as the Black Mesa Chapter Representative for a Term of Four (4) Years
SPONSOR: Honorable Shawna Ann Claw
(m) (s) (v)
G. LEGISLATION 0267-23: An Action Relating to the Naabik’íyáti’ Committee; Amending NABIN-36-22, Establishing the Naabik’íyáti’ Missing and Murdered Diné Relatives Task Force (Eligible for Action 12/25/23)
SPONSOR: Honorable Amber Kanazbah Crotty
(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.
Livestream will be available online on YouTube: www.youtube.com/navajonationcouncil
Join Zoom Meeting: https://navajonationcouncil-org.zoom.us/j/9288717160?pwd=T3k3VE1uV3JYQ3JaQnZPbkJUWmRRZz09&omn=89355240517
Call-in Number: (669) 900-6833
Meeting ID: 928 871 7160
Passcode: 86515
