Death by Corporation, Part IV: Dissolving the Planet for Oil.
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White House Trying to Cheat Tribes on Health Costs
Council approves amending Veterans Trust Fund
Greetings Relatives/Frens,
WiFi temporarily went down as I was blogging at Council chamber about proposed legislation to amend the Navajo Nation Trust Fund by reducing the 4 percent setaside of all tribal revenues that the tribe receives and that’s deposited into Veterans Trust Fund.
Delegate Alton Shepherd’s legislation to amend the VTF reduces the 4 percent to 2 percent. And so 2 percent of all tribal revenues generated by the tribe would be deposited into the VTF. The other 2 percent would fund a veterans housing project sponsored by the Navajo Veterans Affairs Office.
The project would be the construction of 15 homes for veterans at each of the reservation five agencies during a three-year period.
The Council approved Delegate Shepherd’s legislation with a vote of 13 in favor and 2 opposed. The two delegates that voted “no” were Delegates Leonard Tsosie and Leonard Pete.
The vote occurred at 8:20 pm.
The Council adjourned it’s special budget session at 8:25 pm
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Veterans housing project for 1 year trial?
DELEGATE LEONARD TSOSIE
We can grab it before it goes to New York. Crazy interpretation by lawyers and now looking at second Trust Fund to raid.
This Veterans Trust Fund is just growing and growing. This was created to help with homes. It’s helping Investment managers. Let’s remove Trust Fund.
If voted against NAHASDA, can’t now say support veterans. That is largest source of housing instead of getting ourselves into mess. Don’t know where leadership and attorneys went. Navajo people didn’t send us here to loot Trust Funds.
We just passed Budget that says that 4 percent of projected tribal revenues goes into Veterans Trust Fund.
DELEGATE CHARLES DAMON
Concerned about supervisors and who is eligible. Legislation states that chapters select workers.
DELEGATE KATHERINE BENALLY
I didn’t attend last Western Agency Council but understand agency supported. Instead of three years, what about one year. Maybe if department under trial basis then would get homes completed. Otherwise, Navajo Veterans Office could say that it’s okay if not meet annual deadline cuz Council allowed unexpended veterans trust fund money to be carried over into next budget year.
DELEGATE HALE
i think that in the long run, when first initiated that this is the first effort for housing. it’s about time that something needs to happen, something needs to give. if skeptical and rediculing legislation, we have to take rish and look at benefits and look how agencies and office managing money.
i don’t see total expenditure of Veterans Trust Fund. This allows movement. How do we know if run well? Have to find out first. And maybe Council should only approve trial period of one year.
it seems like any legislation is not best supreme solution. at election time, it’s talked about during election year and on election day. when do we actually address needs of people.
point is, is that whole Veterans Trust Fund was created by Council. but we need to vote on it and give it a chance. And like baby learning to walk. Support.
Navajo Council taking up Veterans Fund
SPONOR OF LEGISLATION/DELEGATE ALTON SHEPHERD
Asking for one amendment which is to carryover balance in Navajo Nation Veterans Trust Fund into 2014 budget.
I see this as final stage of this legislation which would provide funding for homes for veterans. We will continue to monitor this project which I believe will continue to grow.
At Naa’biki’yati’ Committee discussed extensively and it was passed.
LEGISLTION #0193-13: AMENDING THE NAVAJO NATION TRUST FUND, 12 N.C.C. SECTION 1171, TO PROVIDE FOR EQUAL DISTRIBUTION OF THE ANNAUL COMPREHENSIVE BUDGETED AMMOUNT BETWEEN THE NAVAJO NATION VETERANS TRUST FUND AND THE DEPARTMENT OF VETERANS AFFAIRS TO CONSTRUCT 15 HOMES AND TO PROVIDE MINOR RENOVATIONS AND REPAIRS FOR NAVAJO VETERANS IN EACH OF THE FIVE NAVAJO AGENCIES.
AMENDMENT 1
DELEGATE LORENZO BATES
Approve carryover of available Veterans Trust Fund from fiscal year 2013 to fiscal year 2014.
DELEGSATE LEONARD TSOSIE
We don’t have any dollar figures. How much will be used? How much will revert into Veterans Funds?
There is no dollar amount again. I have a serious problem and it’s not in the legislative act and look at whole section. If look at section 1176 of Veterans Trust Fund, you can spend Trust Fund until people vote with referendum.
And who choose these five veterans? And I see the names of some former chapter officials. And we have thousands of veterans.
We shouldn’t adopt this. What I also see is that there is a process for spending Veterans Trust Fund and there should at least be a vote.
I think we are being lawless. And even though Navajo government not obligated to help veterans; we do. This is responsiblity of U.S. government. There is so much need for children but yet helping adults. And if you ask a veteran, he or she will say, “Feed the children first.”
DELEGATE LEONARD PETE
I’m reading that balance of 2013 funds from Veterans Trust Fund would not revert into Veterans Trust Fund?
DELEGATE ELMER BEGAY
Veterans spoke about this legislation and now Delegate Bates sponsoring legislation for unexpended money from Veterans Trust Fund to not go back into Veterans Trust Fund.
Veterans said that if anyone wants to help them that they have to go all the way cuz they go all the way with their prayers.
DELEGATES BATES
look at budget and it states 4 percent would go towards construction of homes and the purpose of amendment is that if during this process that unexpended dollars would return to Veterans Fund. But this amendment allows money to stay there to complete construction of homes.
DELEGATE SHEPHERD
As far as understanding Delegate Tsosie’s question, $86.1 million as of Aug. 8, 2013, is principal balance and can’t touch.
My intent is amend codification by diverting 2 percent of the 4 percent setaside of tribal revenues that go into Veterans Trust Fund based on percentage.
DELEGATE TSOSIE
Where in the law does it state that it/unexpended Veterans Trust Fund money reverts back into Veterans Trust Fund?
at end of each year, dollars lapse, except for chapters which get an automatic carryover. In this situation, it is practice that any dollars from Permanent Trust Fund lapse back into Veterans Trust Fund.
DELEGATE NELSON BEGAY
The projection for funds for Veterans Trust Fund and other Trust Funds are received in increments which makes expenditures of available Trust Fund money difficult and time consuming which would then make construction of homes for veterans time consuming.
DELEGATE WALTER PHELPS
Veterans in my area support this but there’s a concern about amendment, especially since Council just finished discussing the 50-50 formula for distribution of tribal revenues to chapters.
DELEGATE BATES
50-50 formula doesn’t apply.
DELEGATE RUSSELL BEGAYE
I support amendment. This is for 15 homes in each of the five agencies for veterans.
VOTE ON AMENDMENT 1 BY DELEGATE BATES TO ALLOW CARRYOVER OF UNEXPENDED AVAILABLE VETERANS TRUST FUND AT 7:25 PM
13 IN FAVOR, 3 OPPOSED
Navajo Council approves 2014 budget
The Council has approved 33 amendments to the proposed tribal government 2014 operating budget.
DELEGATE LEONARD TSOSIE
I will vote againt cuz put lot of things into budget that lacks accountability.
SPEAKER NAIZE
Remember this requires 16 “yes” votes.
COUNCIL VOTING AT 6:43 PM
16 in favor, 1 opposed
Council getting ready to vote on 2014 budget
Navajo Council Delegate Jonathan Hale asked Council to hear from newly crowned 2013-14 Miss Navajo Nation Natasha Hardy during the Council’s special session on Friday, Sept. 9, 2013. Photo by Marley Shebala
Council approves $550,000 without waiver of law
NAVAJO COUNCIL DEBATE OVER APPROPRIATING $550,000 TO CHAPTERS FOR BURIAL COSTS BUT MONEY WOULD GO INTO “GENERAL ACTIVITY ACCOUNT” WHICH IS BASICALLY A DISCRETIONARY FUND OR SLUSH FUND.
DELEGATE JONATHAN HALE IS THE DELEGATE THAT MADE THE AMENDMENT FOR 110 CHAPTERS TO EACH RECEIVE $5,0000 FOR A TOTAL APPROPRIATION OF $550,000.
DELEGATE ALTONG SHEPHERD
Does the Council have to use the 50-50 formula for this $550,000 to each 110 chapters?
THE 50-50 FORMULA IS FOR HOW TRIBAL FUNDS ARE APPROPRIATED TO CHAPTERS AS SUPPLEMENTAL FUNDS. LAW MANDATES THAT 50 PERCENT OF THE FUNDS ARE DIVIDED BY 110 AND 50 PERCENT IS DIVIDED BY THE CHAPTERS’ REGISTERED VOTERS.
ACTING CHIEF LEGISLATIVE COUNSEL MARIANA KAHN
money must be distributyed by 50-50 formula. Case law regarding Appropriations Act mandates that any waiver of Appropriations Act must be taken to people.
If waiver language placed in appropriation then won’t take effect until people vote.
NAVAJO DEPARTMENT OF JUSTICE GOMEZ
Chapters should be notified before Council acts on $550,000 supplemental appropriation for Chapters or use 50-50 forumula.
DELEGATE HALE
Bigger chapters hoard money with 50-50 formula. This is just $5,000. We also appropriated funds for specific chapters and for specific uses.
DELEGATE LEONARD TSOSIE
Waiver of Appropriations Act is from Navajo Nation Supreme Court and AA is in Budget Instructions Manuel and Council never approved law that mandates Council to BIM.
Waiver is just illogical way for Navajo Supreme Court to explain decision. And current Navajo law does not state that.
SPEAKER NAIZE
We use to be straying away from amendment. any recommendations from attorneys?
NDOJ ATTORNEY GOMEZ
reading 50-50 formula mandates prior notice.
DELEGATE ALTON SHEPHERD
place in Speaker’s account so don’t need 50-50 restraint.
DELEGATE HALE
Speaker’s account should reflect that funds are for burial costs and by equal distribution.
DELEGATE WALTER PHELPS
if process easier and funds can be accounted for, then support.
DELEGATE PETE
my chapters provide but individual must be voting chapter member and limit is $125.
DELEGATE LORENZO BATES
based on modified amendment and 50-50 formual: Is speaker required to honor 50-50? And is this leaning towards Discretionary Fund for Speaker?
NDOJ ATTORNEY GOMEZ
if allocation is broken down by chapter then require compliance with 50-50 but if entity that has guidelines in place.
DELEGATE HALE
even if go into Speaker’s account, it’s still subject to 50-50 formula?! The social services dept has policies but how long will it take for assistance to clear red tape. My chapters have burial assistance policy.
2013-2013 Miss Navajo Nation Natasha Hardy came into Council chamber and introduced herself. She was crowned during Navajo Nation Fair last week in Window Rock, Arz.
VOTE ON DELEGATE JONATHAN HALE’S AMENDMENT FOR 110 CHAPTERS TO EACH RECEIVE $5,000. TOTAL APPROPRIATION IS $550,0000.
12 in favor, 5 opposed
DELEGATE JONATHAN NEZ WAS AMONG 5 THAT OPPOSED APPROPRIATION
* didn’t want to waive laws. Council already waived laws regarding Council approval of prior year audit and use of pesonnel lapse fund.
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