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N A A T ’ A J IN A H A T ’ A H A N E ’legislative branch newsfall 2013
22nd Navajo Nation CouncilOffice of the Speaker
N A A T ’ A J IN A H A T ’ A H A N E ’legislative branch newsfall 2013
CONTENTS
3
Speaker’s Message
Council Delegates Support
Domestic Violence Awareness
Committee Highlights
4/
6/
8/
Pinon & Tuba City students
visit Nation’s Capital
Committee Highlights
Former Delegate presents
Council with gift from Canadian
First Nations
Fall Session Legislation Results
Fall Session Voting Results
9/
11/
12/
13/
17/
speaker’s
October also serves as Domestic Violence Awareness Month.
Sadly, domestic violence is a growing problem that affects many
of our Diné families, including our children.
I was pleased to see many of our staff and delegates wearing
purple ribbons to raise awareness; however, it is an issue that
we must continue to combat and resolve.
During the Fall Session, Council deliberated and voted on 15
legislations – 1 tabled, 12 passed, and 2 failed.
Over the course of the Fall Session, I was very pleased to be
a part of several debates, as it truly exemplifies this Council’s
prudence and goodwill when deliberating critical issues.
Once again, the Council was tasked with addressing several im-
portant and challenging legislations that will impact our Nation
and Diné citizens for decades to come.
For example, Council took legislative action to address the needs
of all Diné People, especially those living in remote areas of our
land, by unanimously approving Legislation No. 0212-13, which
authorizes the Nation’s Telecommunications Regulatory Com-
mission to implement and manage our Nation’s very first 911
emergency response system.
SPEAKER JOHNNY NAIZE
Low Mountain, Many Farms, Nazlini, Tachee/
Blue Gap, Tselani/Cottonwood
message
Yá’át’ééh, and welcome to the fifth edition of the Naat’ájí
Nahat’á Hane’ (Legislative Branch News).
As I have previously stated, the purpose of this document
is to provide a comprehensive overview of activities and
legislative actions taken by the 22nd Navajo Nation Council
during the week of regular council sessions.
Keeping in line with our efforts to communicate regularly
and effectively, the 2013 Fall Session marked the sixth time
a council session was live-streamed (via USTREAM) for a
global Diné audience.
Live streaming of Council proceedings is another tool that
continues to engage a growing number of our Diné citizens
with their government.
I thank the Diné people for their continued participation
and I assure the Nation’s citizenship that we are consis-
tently working toward improved communication.
Aside from legislative actions, in accordance with National
Breast Cancer Awareness Month, Council and legislative
staff took the initiative of wearing pink on Tuesday to raise
awareness.
Although it is a minimal effort, our hope is to continue to
raise awareness among our Diné people across our Nation.
4
I applaud the efforts and persistence of members of the
Health, Education, and Human Services Committee and the
Law and Order Committee for responding to the needs of
our people and bringing us a step closer to establishing a 911
system that will undoubtedly save lives.
The Council also approved two pieces of legislation that ad-
dress the Nation’s energy and revenue needs.
Firstly, Council members approved amendments to a resolution
previously passed and signed into law which established the
Navajo Transitional Energy Company, LLC.
In addition to providing economic stability, the purchase of
Navajo Mine will also provide funds, specifically 10 percent of
NTEC’s annual net income, to the research and development
of renewable and alternative sources of energy, storage, and
transmission technologies and infrastructure, with an emphasis
on solar technology and facilities.
It is my belief that the acquisition will allow, we as Diné, to
determine how we will manage and use our own resources for
the Nation’s benefit.
On the second day of the Fall Session, Council approved the
Navajo Energy Act of 2013, a working document that allows
us to begin to further define the process for dealing with
energy related projects and programs.
The policy outlines a basic framework for which our Nation
can work with other entities to effectively use our resourc-
es for energy development.
I want to emphasize that the policy can and likely will be
amended in the future to ensure its continued viability and
relevancy as it relates to the needs of our Nation.
In closing, as we approach the upcoming holidays I ask you
to please spend time with your families and loved ones and
please remember to always keep our families, relatives, and
our Diné people in our hearts and in our prayers.
5
Council Delegates SupportDomestic Violence Awareness
The Navajo Nation Council meets four times a year during its
regular sessions to address new policies and laws. The legisla-
tive council sessions often include controversial issues, guests
from across the Nation, and a congregation of stakeholders.
During the sessions, advocacy groups often use the sessions
as an opportunity to voice their position and to gain the sup-
port of the Council Delegates.
On Wednesday morning, the Navajo Nation Advisory Council
Against Domestic Violence held their annual Walk Against
Domestic Violence from the Wells Fargo Bank in Window Rock
to the Council Chambers. Council Delegates George Apachito
and Jonathan Hale joined the walk to show support for their
initiative and efforts to boost awareness.
When the walkers arrived at the Council Chambers, Speaker
Johnny Naize met with staff from the Navajo Division of Social
Services and encouraged them to continue their efforts to
explain their work to Navajo families.
On the east steps of the Council Chambers, Council Delegate
Katherine Benally addressed the group of supporters and
thanked the NDSS staff, victims, and supporters who took the
time to inform the Council about the seriousness of the issue.
“I thank you for your daily work with women, children, and
even men because I know this is an unspoken problem,” said
Delegate Benally. “We have to come to a point when we can
really talk about it, so we can truly address what our people
are faced with.”
Delegate Benally expressed that she is an avid supporter of
raising domestic violence awarenessm, and that together
the Navajo Nation Council and Advisory Council can increase
awareness to both victims and perpetrators that domestic vio-
lence is a crime and will not be tolerated on Dine Bik’eyah.
6
Navajo Nation Advisory Council Against Domestic Violence
co-chair Elarina Nakai, said the organization previously
worked with Delegate Benally and Council Delegate Joshua
Lavar Butler to pass the Violence Against Families Act of
2012.
“Our goal is to improve awareness, comfort victims, and
empower them to seek help,” said Nakai. “We appreciate
working with both Council and the police. They have always
supported our efforts to put an end to violence.”
There are currently only two women’s shelters on the
Nation, in Shiprock and Kayenta, both of which have limited
bed space.
“Limited funding creates challenges for NDSS to ending do-
mestic violence, but we would like to work with the Council
to secure more funds for our centers,” said Nakai.
NDSS victim advocate Rebecca Benally, said that although
perpetrators are men in most cases, there is a growing
number of women perpetrators. Often women who become
abusive, are previous victims of domestic violence.
In honor of Domestic Violence Awareness Month and at the
request of Speaker Naize, the Council and legislative staff
wore the color purple at Wednesday’s session.
Speaker Naize said the Navajo Nation Council will continue
to support ending domestic violence on the Navajo Nation
and will work cohesively with the Advisory Council and
NDSS, to support women’s shelters and victim assistance
programs.
7
committee highlights
During the fourth quarter of FY 2013, HEHSC members have worked cohesively to address vital issues affecting the Navajo Nation.
Following the implementation of the federal se-questration in March 2013, HEHSC members along with the five divisions that it oversees, have developed strategies to overcome negative funding impacts. HEHSC members advocated on behalf of the Nation’s Bureau of Indian Education contract schools and P.L. 93-638 hospitals and clinics, at both the federal and state levels.
Aside from advocating for the Nation’s direct ser-vices, the committee has maintained an agenda addressing local education, health, veteran, social services, and personnel management issues.
HEALTH, EDUCATION, AND HUMAN SERVICES COMMITTEEThe committee is currently working to sub-mit legislation, requesting for the State of New Mexico to resolve busing issues between Gallup McKinley County Schools and Central Consoli-dated School District.
Before the implementation of the Affordable Care Act, the committee has established a dia-logue with the Centers for Medicare and Med-icaid Services advocating for the approval of the 1115 waiver, which would serve as a contingency plan for AHCCCS participants.
Lastly, following the closure of two tribal admin-istration buildings in Window Rock, the HEHSC has advocated for legislation requesting funding to remediate Administration Buildings 1 and 2, which house their oversight divisions.
LAW AND ORDER COMMITTEELaw and Order Committee members strived to work diligently in each of the Nation’s five agencies to ensure the designs, clearances, and funding are finalized for the construction of the Nation’s judi-cial complexes. The purpose of constructing the judicial complexes is to centralize services in each respective agency, such as courts, corrections, pro-bation, and public safety.
In addition, the LOC continues to restructure the Title 17: the Navajo Nation Criminal Code, to recriminalize certain laws and to impose more stringent penalties for offenders. Since the decrimi-nalization of criminal laws in January 2000, in part because the Nation had limited resources to prose-cute and jail offenders, the Nation has struggled to control crime and enforce laws at an effective rate.
The committee’s effort to strengthen Title 17 as-serts the Nation’s commitment to the welfare and public safety of the Navajo people.
Finally, LOC members have also paid special attention to the expansion of Navajo Nation casinos and aims to provide safety at all gaming sites. Currently, they are working with the Navajo Nation Gaming Enterprise to design and build public safety substations for law enforcement, fire safety, and emergency medical services, so that consumers and surrounding communities will continue to be safe and have access to these vital services.
8
Pinon and Tuba City students visit
Nation’s CapitalOn Monday morning, 28 students from the Pinon Elementary
Atsa’ Native Club stood on the floor of the Council Chambers
as Diné Veterans posted the colors to mark the start of the
Council’s Fall Session.
Following the posting of the colors, the students had the dis-
tinct honor of leading the Council and visitors in reciting the
“Pledge of Allegiance.”
“They were excited to be there and were definitely enthused
to have talked one-on-one with several of the Council Dele-
gates and Miss Navajo Nation Natasha Hardy,” said club spon-
sor Andrea Charlie.
The Atsa’ Native Club is an afterschool enrichment program
that offers kindergarten through fifth grade students at Pinon
Elementary the opportunity to learn Navajo songs and dances.
“I strongly feel that our children should be strong in their
cultural foundation and have pride in their heritage. That
happens by practicing those ways and participating with
their peers in such activities,” said Charlie.
Charlie also expressed her appreciation to Council Dele-
gate Dwight Witherspoon, who represents the community
of Pinon, for his continued support of the program and for
inviting the group to the Council’s session.
Speaker Johnny Naize also welcomed the students to the
Nation’s capital upon their arrival to the Council Cham-
bers.
“The Council is always pleased to interact with our Diné
youth, some of which will serve as leaders of our Nation
one day,” said Speaker Naize. “I always welcome students
to visit the Chambers and speak with their leaders.”
9
In accordance with Speaker Naize’s “open door policy” with
students, Council also welcomed a group from the communi-
ty of Tuba City on the third day of the Fall Session.
The group of 24 students from the Tuba City Unified School
District embarked on a memorable class trip on Wednes-
day morning to meet and interact with Diné leaders at the
Nation’s Capital.
As Council began its final day of deliberating legislations,
the group of seventh and eighth grade students was given
the opportunity to lead the 22nd Navajo Nation Council in
reciting the “Pledge of Allegiance.”
“The students were very excited to come to the Chambers
today,” said Tuba City School teacher Louise Kerley. “For
most of the students, this is their first time here.”
Kerley explained that the students are part of a Navajo
language emersion pilot program that allocates funding for
students to participate in activities that provide learning
experiences in areas such as Navajo history and government.
In preparation for their visit, students studied various
aspects of the Nation’s government and are expected to
complete an essay based on the legislative debates they
witnessed.
“It’s been a very positive experience for the kids,” said
Kerley.
Speaker Naize said he encourages students and classes
across the Navajo Nation to engage and interact with their
leaders by attending future Council sessions.
10
committee highlightsRESOURCES AND DEVELOPMENT COMMITTEE
BUDGET AND FINANCE COMMITTEE
The Resources and Development Committee has maintained an agenda that addresses critical ener-gy, economic development, and chapter issues. The Nation has been faced with an array of challenges related to its resources and economic planning. During these challenging times, the RDC has taken action to include the input of Diné people and recommendations to craft effective and sustainable policy for the Nation.
In light of the advancements in energy technology and changes in world energy use, the Nation has requested for an Energy Policy that addresses those changes. The RDC made tremendous milestones in drafting a suitable policy that is inclusive of the Na-tion’s energy, environment, and cultural needs. The Navajo Nation Energy Policy of 2013 was approved by the Council on day two of the Fall Session.
While the energy policy was a lengthy process to complete, the RDC also made advancements in finalizing amendments to Title 26 of the Nava-jo Nation Code, also referred to as the Navajo Nation Local Governance Act. The committee is tasked with streamlining services from the cen-tral government to the 110 chapters. Focus areas for the amendments include reviewing chapter taxation authorities and reassessing the authori-ties of certified chapters.
Bond Financing has also been a major undertak-ing by the RDC and remains an ongoing issue. Considering the Nation’s lack of infrastructure and limited funds, this initiative has the potential to fund long-awaited projects that would pro-mote economic development across the Nation. Despite setbacks, the RDC continues to work dil-igently to solve the complexities of development on Navajo.
In the last quarter, the Budget and Finance Com-mittee achieved the development and approval of our Nation’s Fiscal Year 2014 budget, which was later passed by the Council in September. The committee took on the grueling tasks of develop-ing, overseeing, and reviewing every departmental budget from the Executive, Legislative, and Judicial Branches during a time of sequestration and un-certainty surrounding the continuance of royalty revenues from BHP Navajo Mine, a major source of our Nation’s General Funds.
The BFC also pushed funding for capital projects at the chapter level, while reviewing chapter reso-lutions and made additions to the capital projects priority listing. The BFC remains committed to successfully completing these projects.
In an effort to bring governmental services to ev-ery community at the local level, the BFC allocat-ed approximately $3 million to fund the regional-ization/decentralization initiative, currently being carried out by the Division of Community Devel-opment. The initiative is service-oriented and will restructure regional agency offices to better serve the Diné people at the mid and local levels, while empowering chapters to be proactive in their respective areas.
11
Former Delegate presents Council with
gift from Canadian First NationsOn the morning of the first day of the Navajo Nation Council’s
Fall Session, former Council Delegate Larry Anderson and his
wife Victoria Anderson, presented a gift to the Council in the
form of a hand drum. The hand drum was given to Anderson
by the First Nations people of Canada who are a part of the
“Idle No More” movement, as a sign of good faith.
“Ladies and gentlemen, it gives me great pleasure and honor
to give to you what was presented to me from the people
in Canada. It represents unity, respect, and love for all Indian
nations, which is very important to show one another,” said
Anderson.
The beat of the hand drum—tan in color and tethered tightly
together in the back, decorated with a painted head of a bear,
claws, and two deer heads—resonated throughout the Council
chambers as Anderson sang a warrior song. He dedicated the
song to military Veterans and those currently serving in the
Armed Forces for their service and protection of our country.
“The people that gave me this drum recognized that our Nation
is strong in our traditional ways and government, so they had
me take this drum to ceremonies and celebrations throughout
Navajoland, and this has been completed,” said Anderson.
He explained that once the drum’s journey had come to full
circle, it was time to present the gift to Council as a sign of
unity and respect between both Nations.
“Thank you, Mr. Anderson. I accept this drum on behalf of
the Council and we shall hold this close to us in a sacred
and respectful way,” said Honorable Speaker Johnny Naize.
In traditional Navajo custom, Speaker Naize placed the drum
near his mouth and inhaled its positive spirit and good
tidings four times to signify the sacredness and importance
of the gift.
At the conclusion of the drum presentation, Council mem-
bers expressed their appreciation and honor in receiving
the gift, and praised the message of unification of all Indian
Nations in North America.
Larry Anderson served as a Council Delegate for four terms,
representing the community of Fort Defiance. As a delegate,
he served on the Council’s Advisory Committee, Human
Services Committee, and the Rules and Ethics Committee
during his tenure.
12
Legislation No. 0276-13, sponsored by Honorable Roscoe Smith, Re-
ciding CAP-34-80; Approving the Navajo Nation Energy Policy of 2013
ACTION: The Council passed the legislation with thirteen (13) sup-
porting and six (6) opposing.
Legislation No. 0369-12, sponsored by Honorable Jonathan Nez, Re-
ferring a referendum measure amending 2 N.N.C. § 102
ACTION: The legislation failed to receive a motion and was not
considered by the Council.
Legislation No. 0212-13, sponsored by Honorable Walter Phelps,
Amending Title 2 and 21 to authorize the Navajo Nation Telecom-
munications Regulatory Commission to implement and Manage 911
Emergency Response System within the Navajo Nation
ACTION:The Council passed the legislation with nineteen (19) sup-
porting and zero (0) opposing.
Legislation No. 0302-13, sponsored by Honorable Alton Joe Shepherd,
Amending 2. N.N.C. §§ 953 ET SEQ. The Office of Legislative Ser-
vices
ACTION: The Council passed the legislation with eighteen (18) sup-
porting and zero (0) opposing.
Legislation No. 0189-13, sponsored by Honorable Russell Begaye,
Approving the Navajo Nation General Leasing Regulations of 2013
ACTION: The Council passed the legislation with sixteen (16) sup-
porting and one (1) opposing.
2013 Fall Session Legislation Results for the 22nd Navajo Nation Council
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13
2013 Fall Session Legislation Results
Legislation No. 0192-13, sponsored by Honorable Johnny Naize, Sup-
porting the “Native American Energy Act” H.R. 3973 a U.S. Congres-
sional Bill to facilitate the development of energy on Indian Lands
by reducing federal regulations that impede tribal development of
Indian lands
ACTION: The Coucil voted to refer the legislatio back to the Naa-
bik’iyati’ Committee with eighteen (18) supporting and zero (0)
opposing
Legislation No. 0297-13, sponsored by Honorable George Apachito,
Amending Section 282(A) of the Navajo Nation Election Code, Title
11, to permit, in special elections, the registration of voters up until a
date is set for election
ACTION: The Council passed the legislation with twenty-one (21)
supporting and zero (0) opposing.
Legislation No. 0307-13, sponsored by Honorable Walter Phelps,
Urgin Congress to permanently extend the New Market Tax Credit
and create economic insentives that promote private investment on
tribal lands
ACTION: The Council passed the legislation with twenty (20) sup-
porting and zero (0) opposing.
Legislation No. 0367-12, sponsored by Honorable Jonathan Nez,
Reffering a referendum measure on amending 11 N.N.C. §409(C),
amendments to laws approved by iniative/reform
ACTION: The council voted down the legislation with nine (9) sup-
porting and ten (10) supporting.
for the 22nd Navajo Nation Council
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14
Legislation No. 0368-12, sponsored by Honorable Jonathan Nez,
Referring a referendum measure on amending 11 N.N.C. §404(A),
initiative fees
ACTION: The Council passsed the legislation with sixteen (16)
supporting and one (1) opposing.
Legislation No. 0370-12, sponsored by Honorable Jonathan Nez,
Referring a referendum measure on amending 11 N.N.C. §404(B),
lowering initiative signature requirements
ACTION: The Council voted down the legislation with seven (7)
supporting and thirteen (13) opposing.
Legislation No. 0462-12, sponsored by Honorable Alton Joe Shep-
herd, Ameding the Navajo Nation Election Code at 11 N.N.C. §§8,
21, and 240 for purposes of clarifying qualifications provisions and
delegating to the Navajo Election Administration the authority to
enforce qualifications provisions
ACTION: The Council voted to table the legislation with fifteen (15)
supporting and six (6) opposing.
Legislation No. 0006-13, sponsored by Honorable Leonard Tsosie,
The “Navajo Nation Housing Authority Reform Act of 2013” Amend-
ing the Navajo Nation Code at Title6, Chapter 5 Sections 606, 607,
614, 615
ACTION: The Council passed the legislation with twenty-one (21)
supporting and zero (0) opposing.
2013 Fall Session Legislation Results for the 22nd Navajo Nation Council
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15
Legislation No. 0144-13, sponsored by Honorable Russell Begaye,
Approving supplemental funding from the Undesignated, Unreserved
Fund Balance in the amount of $150,200.00 for the demolition of
the former Tuba City District Court Building
ACTION: The Council voted down the legislation with seven (7)
supporting and fourteen (14) opposing.
Legislation No. 0149-13, sponsored by Honorable Johnny Naize, Ap-
proving amendments to CAP-20-13
ACTION: The Council passed the legislation with sixteen (16) sup-
porting and five (5) opposing.
Legislation No. 0166-13, sponsored by Honorable Jonathan L. Hale,
Amending 11 N.N.C. §121 through 128, to authorize the Navajo Board
of Elction Supervisors to implement absentee voting rules and
regulations
ACTION: The Council passsed the legislation with thirteen (13) sup-
porting and seven (7) opposing
Legislation No. 0178-13, sponsored by Honorable Danny Simpson, Ap-
proving and recommending to the NNC the purchase of the Richard
White property, 620 acres, more or less, located in Cibola County,
Ramah/Pinehill, NM, offered for sale to the Navajo Nation by Richard
White, Jr. and Virginia White for either $256,000 or $288,000 plus
closing costs
ACTION: The Council passed the legislation with seventeen (17)
supporting and two (2) opposing.
2013 Fall Session Legislation Results for the 22nd Navajo Nation Council
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16
2013 Fall Session Legislation Voting Results for the 22nd Navajo Nation Council
Apachito, George
Bates, LoRenzo
Begay, Elmer
Begay, Mel
BeGaye, Nelson
Begaye, Russell
Benally, Katherine
Butler, Joshua
Curley, Lorenzo
Damon, Charles
Hale, Jonathan
Maryboy, Kenneth
Naize, Johnny
Nez, Jonathan
Pete, Leonard
Phelps, Walter
Shepherd, Alton
Simpson, Danny
Smith, Roscoe
Tom, David
Tsinigine, Duane
Legi
slat
ion
No.
027
6-13
Legi
slat
ion
No.
021
2-13
Legi
slat
ion
No.
030
2-13
Legi
slat
ion
No.
018
9-13
Legi
slat
ion
No.
029
7-13
Legi
slat
ion
No.
030
7-13
Legi
slat
ion
No.
036
7-13
Legi
slat
ion
No.
036
8-13
Legi
slat
ion
No.
037
0-1
3
Legi
salt
ion
No.
046
2-12
Legi
slat
ion
No.
00
06-
13
Legi
slat
ion
No.
014
4-13
Legi
slat
ion
No.
014
9-13
Legi
slat
ion
No.
016
6-13
Legi
slat
ion
No.
017
8-13
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2013 Fall Session Legislation Voting Results for the 22nd Navajo Nation Council
Tsosie, Leonard
Witherspoon, Dwight
Yazzie, Edmund
Legi
slat
ion
No.
026
7-13
Legi
slat
ion
No.
021
2-13
Legi
slat
ion
No.
030
2-13
Legi
slat
ion
No.
018
9-13
Legi
slat
ion
No.
029
7-13
Legi
slat
ion
No.
030
7-13
Legi
slat
ion
No.
036
7-13
Legi
slat
ion
No.
036
8-13
Legi
slat
ion
No.
037
0-1
3
Legi
salt
ion
No.
046
2-12
Legi
slat
ion
No.
00
06-
13
Legi
slat
ion
No.
014
4-13
Legi
slat
ion
No.
014
9-13
Legi
slat
ion
No.
016
6-13
Legi
slat
ion
No.
017
8-13
X a a -- a a X a X a a X a X X
X a a a a a a a a X a a X X a
a a -- a a a a a X a a a a a a
Yea
Nay
Did Not Vote
13 19 18 16 21 20 9 16 7 15 21 7 16 13 17
6 0 0 1 0 0 10 1 13 6 0 14 5 7 2
5 5 6 7 3 4 5 7 4 3 3 3 3 4 5
PASS
ED
PASS
ED
PASS
ED
PASS
ED
PASS
ED
PASS
ED
FAIL
ED
PASS
ED
FAIL
ED
TAB
LED
PASS
ED
FAIL
ED
PASS
ED
PASS
ED
PASS
ED
KEY
a Support = +1 X Oppose = -1 -- Did not Vote=0
+Primary Sponsor S=Speaker or Speaker Pro-Tem,
No Voting Privileges (Unless to break a tie)
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