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

Chapter Discretionary Fund?

NAVAJO COUNCIL DEBATING WHETHER TO APPROPRIATE $5,000 TO EACH CHAPTER FOR “CHAPTER GENERAL ACTIVITY ACCOUNT” OR “DISCRETIONARY FUND” TO HELP FAMILIES WITH BURIAL COSTS BUT SOME DELEGATES ARE CONCERNED WITH HOW CHAPTER MIGHT USE $5,000 SINCE IN DISCRETIONARY FUND WHERE CHAPTER OFFICIALS COULD USE FOR ANYTHING THEY WANT. ONE OF THE DELEGATES REMINDED COUNCIL ABOUT REPORT COUNCIL RECEIVED THAT CHAPTER ELECTED OFFICIALS & STAFF HAVE RACKED UP THOUSANDS OF DOLLARS IN TRAVEL COSTS.

AMENDMENT 34
DELEGATE ALTON SHEPHERD
NNC authorizes $555,000 for all 110 chapters for general activity fund from Personnel Lapse Fund. Some goes into accounts but restricted but as far as O1 account, it can be moved around.
Sad to say, lost one baby boy in accident and members will come for help but 01 account has zero balance.
Know 12.5 there but goes into other account.
$5,000 per chapter.

DELEGATE LEONARD TSOSIE
Concerned cuz account not specific so could use for other purposes other than assistance such as burial. Don’t like funeral homes hostage. They want all payments and Navajo families resort to pawning to come up with money. Unfortunate.
If give this then add to $70 million and mix up.

DELEGATE LEONARD PETE
One of richest place is Chinle cemetery with all turquoise and silver. We do have plan of operation. For general activity fund, help with $125. Right now working with family that lost loved one during fair.
Just make that point.

DELEGATE SHEPHERD
To make sure don’t use to replenish funds for chapter elected officials and staff, place language that not allowed for such purposes.

DELEGATE JONATHAN HALE
We’re now talking about predatory business practices regarding mortuaries.
It’s up to each delegate to talk to chapters. When discussing regional roads planning, chapters said they wanted Navajo Department of Transportation to cover cost but chapters need to understand that they also need to contribute.

DELEGATE JONATHAN NEZ
Leaning towards where designated for certain purpose. This is developing local chapter discretionary fund and chapters might start feeling that this is re-occurring fund and it will start growing for a line item without policy.
So I was going to suggest is for Resources & Development Committee develop policy but does chapter want to fund.
We got report on chapter travel spending. There was a lot of money being allocated for officials and staff. $5,000 could be good cause for chapters to approve cuz need is there.
But here, we’re just putting more money there and chapters might move money around and might even put in travel.
There is concern over travel for chapter officials and staff.
So either specify thru policy here by RDC, other I can’t support.

DELEGATE RUSSELL BEGAYE
Casket costs about $5,000 so perhaps specify limit amount.

Dine’ Senior Citizens Rodeo Association gets $32,750

NAVAJO COUNCIL STILL DEBATING PROPOSED 2014 NAVAJO NATION OPERATING BUDGET. THE COUNCIL SO FAR HAS APPROVED NINE AMENDMENTS TO THE PROPOSED BUDGET.

AMENDMENT 10
DELEGATE ALTON SHEPHERD
Dine’ Lands Senior Citizens Rodeo Association: $32,750 from Reserves Fund

VOTE AT 4:12 PM
11 IN FAVOR, 9 OPPOSED

$3 m. or $7 m. for frmr Freeze, NPL, chapters

DEBATE CONTINUES ON DELEGATE PHELPS AMENDMENT FOR $3 MILLION FOR FRMR BENETT FREEZE, NPL, AND CHAPTERS CAMERON, CHILCHINBETO, TONALEA, CHICHILTAH

PONT OF PRIVILEGE
DELEGATE DANNY SIMPSON
with this amendment, it has documents/budgets for powerlines, electrical lines, especially for chapters. and you, speaker, said this morning that budgets/documents required for amendments.

And the only budget/documents is for powerline, electical lines & powerlines but none for chapters.

SPEAKER PHELPS
We drafted best we could and to modify & correct, this is new one, which includes financial assistance for chapters. $3 million not only for Freeze, NPL but to chapters.

Honorable Begaye recommended $5 m or $7 m. My motion and seconding party, Delegate Katherine Benally, is to help chapters with at lease $500,000 for design so move project to project ready. So asking keep $3 million plus some more funding and so we are asking for a total of $7 million, which according to proposed 2014 Budget legislation Sponsor, Delegate LoRenzo Bates, and Office of Management and Budget and Office of Controller is okay. So ask to modify $3 million amount to $7 million. Only changing dollar amount.

Hold federal govt accountable

COUNCIL CONTINUES DEBATE OVER DELEGATE PHELPS AMENDMENT TO TAKE $3 MILLION FROM RESERVES TO FUND WATER LINES, ELECTRICAL LINES, HOUSING FOR PPLE IN FRMR BENNETT FREEZE & NAVAJO PARTITION LANDS, PLUS SOME FUNDING FOR FOLLOWING CHAPTERS: CAMERON, CHILCHINBETO, TONALEA, CHICHILTAH.

DELEGATE KATHERINE BENALLY
We are expressing needs for pple. we are aware of issues here. under the design & engineering, our project for Chilchinbeto is priorioty so ID money as matching so asking for support.

DELEGATE LEONARD PETE
Proposed amendment not in detail over how much fund electrical and water lines & housing. Also funds now to be used for chapters and some not in Freeze & NPL.

DELEGATE LEONARD TSOSIE
you swap fly and staggers off table and walking again. thot before lunch swatted and now bigger amount.
I feel for frmr Freeze. but what happened? this since 1960s and 1800s when talk executive order.

I’ve never seen plan from prez, Navajo Hopi Land Office and Commission. Now easy answer is throw Reserves at them when federally created problem. Failure of prior leaders that no plan. under current prez, no funds from federal Stimulus.

Why no plan? The stimulus money was ripe for that. We need to do better in helping pple.

Noticed chapters included. I recommend no more chapter houses but multipurpose building such as Red Rock State Park where auditorium has bleachers that can be withdrawn.

and only five percent of pple go to chapter mtgs. so this inefficent way of delivering services keeps going and why no money for pple that need it, such as frmr Bennett pple.

We need a plan. We need to ID where water lines and power lines at.

DELEGATE CHARLES DAMON
Chichiltah Chapter has been down for four years. Tribal puchasing law and other tribal laws blocking us. Need $2,000 to finish Chichiltah.

Two chapters closed: OEH closed.

So three chapters have no place to meet and each time have mtg need authorization to hold mtg off rez.

Just explaining why Chichiltah on list.

DELEGATE RUSSELL BEGAYE
let’s help pple in frmr Freeze & NPL. Let’s give them $7 million and maybe Prez Shelly have another signing ceremony like he did for Navajo Generating Station.

Navajo pple: Self sufficient to most dependent

COUNCIL RECONVENED AT 2:08 PM

DELEGATE PHELPS
PAGE 3, LINE 6, LINE 16 NEW PARAGRPH 6, NEW LANG, NNC authoirizes funding up to $3 m from UUFB water line, housing, electrical lines and planning 108002, budgets equally budgeted for design and construction , Cameron, Chilchinbeto, Tonalea, Chichiltah
HALE
Before new amendnet/what read, withdraw previous lang just read.
PHELPS/KB

DELEGATE DWIGHT WITHERSPOON
Support Phgelps’ amendment. I met with 2 Interior representatives that met with pple from region over NGS and proposal to transition to renewable. Comments about relocation, Peabody impact on N-Aquifer to region, certainly about NGS but comments I made relate to essentially land status and water.
Watched recently, movie the Butler, which described individuals going thru different administrations and changes during his lifetime.
Motivated me and frustratd me that as Native Ams in general,why do we put up with being treated as 2nd class ctiziens.
One of ways to establ wealth is thru land and opportunity and cant’ becuz on trust lands. We have no water rights to Colorado river and Upper and Lover Colorado River.
We have to form coaltions, become activitists, protest, put this out to world, international community, This is not acceptable.
Navajo changed from one of most self sufficient to most dependent and tied to water and land.
Example is NPL, no ability cuz no grazing permits that cancelled 1974 so can’t apply for USDA grant for agriculture, water development projects. Can’t go to NCR for same reason – no grazing permits.
These are federal polcies and Freeze that diretly relate to why done.
They were done to create access to coal, resources. Relocation between tribes and how many Hopis relocted, 28. Navajos relocated was 12,000.
We need to change federal policies for financing on trust land other than subsidized funding so support Delegate Phelps amendment.

DELEGATE RUSSELL BEGAYE
Are those chapters in frmr Freeze?

PHELPS
Chilchitah in NM. Chilchinbeto near Kayenta. But no chapter building.

$3 M FOR FRMR FREEZE & EVICTED NAVAJOS

NOTE: CORRECTION – CORRECTION – CORRECTION – CORRECTION
I’M AT NAVAJO COUNCIL BUDGET SESSION.
NAABI COMMITTEE MET & ADJOURNED EARLIER. THE ONLY AGENDA ITEM FOR NAABI WAS DELEGATE KATHERINE BENALLY’S LEGISLATION FOR A FIVE YEAR CAPITAL IMPROVEMENT PROJECTS PLAN, WHICH THE NAABI COMMITTEE TABLED WITH A VOTE OF 11 IN FAVOR, 1 OPPOSED AND DIRECTIVE FOR NAABI WORK SESSION.

THE FIVE YEAR IS MANDATED BY THE PERMANENT TRUST FUND ACT BEFORE THE COUNCIL CAN USE 95 PERCENT OF THE PTF INTEREST WHICH IS ESTIMATED AT $25 MILLION. THE PTF INTEREST HAS NOT BEEN USED BECAUSE THE COUNCIL ALWAYS DISAGREES/BICKERS OVER HOW THE PTF INTEREST WOULD BE USED. EACH DELEGATE WANTS PTF INTEREST FOR HIS OR HER CHAPTER.

SO WHEN I ARRIVED, THE COUNCIL WAS IN THEIR BUDGET SESSION AND DELEGATES WALTER PHLEPS & JOSHUA BUTLER WERE SPONSORING THE FOLLOWING AMENDMENT:

DELEGATE PHELP’S AMENDMENT TO PROPOSED 2014 BUDGET: PAGE 3, LINE 9, DELEGATE “the Decentralization Project” and replace with new language: “housing & infrastructure within the Former Bennett Freeze and Navajo Partition Land”

IN ADDITION:
PAGE 3, LINE 13, DELETE: “a Decentralization Project as described in exbihit l and repalce with new language: “housing & infrastructure within the Former Bennett Freeze and Navajo Partition Land”

THE DECENTRALIZATION PROJECT IS THE BRAIN CHILD OF THE BUDGET & FINANCE COMMITTEE, WHICH MADE IT PART OF THE PROPOSED 2014 BUDGET AND FUNDED IT WITH $3 MILLION, WHICH DELEGATES PHELPS AND BUTLER WANT TO WIPE OUT AND USE FOR FRMR FREEZE AND NAVAJO PARTION LANDS. THE NPL WAS CREATED BY CRAZY FEDERAL JUDGE WHEN HE SLASH NAVAJO AND HOPI LANDS IN HALF AFTER PEABODY COAL WITH THE ASSISTANCE OF ATTORNEYS FROM UTAH, WHO PROUDLY CLAIMED TO BE MORMONS, DID A BANG UP PR JOB OF CREATING A NAVAJO-HOPI WAR WHICH OPENED THE DOOR FOR FEDERAL INTERVENTION & THE CRAZY FEDERAL JUDGE USING FEDERAL MARSHALLS AND FEDERAL MONEY TO FORCIBLE REMOVE THOUSANDS OF NAVAJO FAMILIES FROM THEIR ANCESTRAL HOMES. AND WITH A CLEAR FEDERAL COURT DECISION OF WHICH TRIBAL GOVERNMENT OWNED LAND NOW, PEABODY COULD CONTRACT WITH NAVAJO & HOPI GOVERNMENTS FOR COAL. BEFORE ALL THIS INJUSTICE, THE NAVAJO AND HOPI PEOPLE SHARED THE LAND SO PEABODY COULDN’T LEGALLY HAVE A CONTRACT FOR THE COAL AND WATER. THERE IS A LONG SORID HISTORY HERE THAT REARS ITS UGLY SCARY HEAD REPEATEDLY. THE LATEST SIGHTING WAS WITH THE NAVAJO GENERATING STATION LEASE EXTENSION.

BACK TO NAVAJO CUONCIL:
DELEGATE JOSHUA BUTLER
Funding needed for former Bennett Freeze. Don’t need more reports, assessements of needs of frm Freeze. Council has done nothing for pple. No legacy. Only 2 more years left in administration. We’ve only held two strategy sessions. Support funding, no matter where comes from.

DELEGATE PHELPS
thx colleagues for much needed discussion & sentimanets to resolve needs of frmr Freeze. Support alternative funding but let’s take care of this.

I’m willing to negotiate with using Reserves. Just give $1 million for planning from $3 million Decentralization Project. Take $2 million for frmr Freeze.

SPEAKER NAIZE
all seasoned delegates recommending to Phelps to use Reserves or other financial option. We have staff standing by to assist Phelps.

SPONSOR – DELEGATE KATHERINE BENALLY
like to know balance of Reserves.

DELEGATE LORENZO BATES
Certainly appreicate amendment but there seems to be misconception about regionaliazation versus decentralization. Some think regionalization out there and making chapters upeasy cuz chapters think chapters will be removed and no more chapter officials.

but decentralization is service oriented. all of our chapters have experienced an initiative moving through tribal government process and gets hung up here in Window Rock for years. OUr chapters finally give up cuz can’t get needed info to move project so plan is to get that assistance at local level.

$3 million doesn’t go to Division of Community Development. Go to COA 12: DCD is go develop plan and present to Resources & Development Committee for what needed, especially staff such as planners, lawyers, accountants.

If dollars get here form Navajo Generating Station, those dollars can be spent for Decentralization Project which is to improve services at chapter level versus Phelps’ One-Time assistance. Now talking about Five Year Plan. Is frmr Freeze part of Five Year Plan? If not, then needs to be if all agree that frmr Freeze lack of infrastructure/ec development.

$3 m does something but not enough. So where are additional dollars coming from. so if use certain percentage of Permanent Trust Fund and releases

NAVAJO COUNCIL BREAKS FOR ONE HOUR TO ASSIST DELEGATE WALTER PHELPS WITH AMENDMENT FOR FUNDING OF FRMR FREEZE AT 1 PM.

How does Navajo Nation use 2 year old audit

DELEGATE LEONARD PTE
How do we use this audit, 2011? What do we do with it? The water has gone under the bridge.

DELEGATE LEONARD TSOSIE
How much do investment managers make and how much did they raise? Did they really raise money for us? or is it something Navajo Nation subsidized?
Interesting what did with casinos. Whoever constructed, skipped out before finishing. So forcing Gaming Enterprise to beg for more money. Meantime want true picture of Twin Arrows. Kow Twin Arrows losing money.
All that responsibility thrown to Resources & Development Committee cuz Investment Committee skipped out before Twin Arrows completed.
Should we have Inspector General explain audit numbers to us? We’re getting rosey picture. But look out at real world and see things differently and example is Twin Arrows.
Delegate Pete asked about chapters. When are we going to audit chapters as part of government, including enterprises. Under Title 2, they are part of government but we found convenient way not to audt.
The proposed 2013 budget includes funding for chapters but we don’t audit chapters. I don’t understand that.
$50 m increase from 2010 to 2011 in tribal revenues but see no increase in performance of tribal employees that shows benefit to Navajo people.
All except NTUA, all enterprises falling apart and because not part of audit and hold accountable.
And all CEOs enjoying salaries three or four times higher than president and under their watch, their enterprise is falling apart.
So tells me that we are taking care of Navajo pple’s money.
How can make tribal govt operate better.
Constantly hearing how finance holds up ec development but never look at.
But want to know what tribe is paying investment managers? How much have investment managers generated?

CONTROLLER MARK GRANT
Chapters not audit as part of central govt cuz not part of central govt. Tribal auditor general audits chapter and can get info from auditor general. Auditor general reports to B&F.

Audit: 2011 Navajo government budget

KPMG report on audit of 2011 tribal government operating budget:

OTHER tribe FUNDS:
Veterans Trust Fund, $14 m
Local Goverance Fund, $14.8 million
Roads Fund, spent about $5.5 million and $5.7 million in 2010 and 2011 respectively. $29.8 million Fund Ballance at Sept. 30, 2011.
Land Acquisition Fund: A note receiveable of about $30 m as of 9-30-11 from NNGE.
BIDF: loan for ec development activities. $3.2 m 9-30-11. $14 m balance
Archaeology Services: subsidized by general fund, continues to lose money.
Navajo Fair: operating loss of $365,000 in 2011
Treaty Days Celebration Fund: running a fund deficit of about $154,000

There are several other funds that KPMG reported on but can’t write as fast as he talks. I will definitely work on getting copy of 2011 audit so bear with me…

AUDIT FINDINGS
33 and reduced from 52 in 2010
procurement findings went down
had some good improvements, nice trend
51 findings 2010, 33 in 2011 and some cuz of changes in regulations
Great trends though. Points out procurement and matching funds.
Contruction rates: Not paying prevailing wages and new in 2011 and haven’t found in years and due to stimulus money funding more contruction projects.

KPMG report over and now for questions