$220 million for Navajo Nation Capital Improvement Projects is in separate legislation

Navajo Council Delegate Katherine Benally presents her proposed Navajo Nation Chapters' Capital Improvement Project plan to Council at Council chamber in Window Rock, Ariz., on April 22, 2014. Benally is flanked by Navajo Division of Community Director Leonard Chee on her right and Navajo CIP Program Director Casey Begay. Speaker Pro Temp LoRenzo Bates listens to her report. Legislative staff Michael Martinez operates electronic voting machine. Photo by Marley Shebala.

Navajo Council Delegate Katherine Benally presents her proposed Navajo Nation Chapters’ Capital Improvement Project plan to Council at Council chamber in Window Rock, Ariz., on April 22, 2014. Benally is flanked by Navajo Division of Community Director Leonard Chee on her right and Navajo CIP Program Director Casey Begay. Speaker Pro Temp LoRenzo Bates listens to her report. Legislative staff Michael Martinez operates electronic voting machine. Photo by Marley Shebala.

HERE AT NAVAJO COUNCIL WHERE COUNCIL DEBATING LEGISLATION 0118-13, WHICH IS RECOMMENDING AND APPROVING THE NAVAJO NATION CHAPTERS’ INFRASTRUCTURE IMPROVEMENT PRIORITY PROJECTS FOR 2013 TO 2018.

DELEGATE DWIGHT WITHERSPOON
The funding amount for the Hard Rocks Chapter’s Headstart program was part of earlier version of 0118-13 and now this version of 0118-13 states that there is no funding.

SPONOSOR, DELEGATE KATHERINE BENALLY
I have letter from Hard Rocks Chapter that they will not participate in 2014 CIP.

DELEGATE WITHERSPOON
I talked with officials at Hard Rocks and they were provided incorrect information and pressured into writing such a letter. They want me to include Headstart proposal from Hard Rocks.

DELEGATE K. BENALLY
This whole packet is a five year plan. The first year is priority for proposals that have design and other documents required by law. But Delegate Witherspoon is asking that we now insert Hard Rocks proposal into 0118-13.

DELEGATE LORENZO CURLEY
My chapters also asked me to recommend projects from Council floor. But when do that, things get frustrating.

SPEAKER PRO TEMP BATES
I understand that this packet was first Exhibit A. The packet on floor on is Exhibit A so council needed to do first time was replace old Exhibit A with new packet in front of you.

DELEGATE WITHERSPOON
I’ll withdraw motion to replace new Exhibit A.
SECOND BY DELEGATE ALTON SHEPHERD

QUESTION OF PRIVILEGE, DELEGATE SIMPSON
If the Council’s Resources & Development Committee approved new packet, then it’s already done.

DELEGATE LEONARD TSOSIE
This list is only a few pages and it’s replacing this huge three-ring binder. And it’s not chapter friendly. Most of the funding is going to tribal government buildings.

POINT OF ORDER, DELEGATE NELSON BEGAYE
The law asks for five year plan but his list is only a one year plan. I want answer from Navajo Department of Justice.

NAVAJO DEPARTMENT OF JUSTICE KARIS BEGAYE
Exhibit A is only one year and so it is not consistent with Apppropriations Act.

DELEGATE KATHERINE BENALLY
Exhibit A is part of Five Year Plan. There is funding. But I didn’t want to talk about that. Delegate Danny Simpson has legislation to fund the first year projects of this five year plan.

IT IS NOW 12:51 PM

DELEGATE LORENZO CURLEY
I oppose amendments. All this time we have made provisions. there are people that wanted projects at the last minute. And we’re doing that again. We didn’t get a lot of instructions on how to do this Five Year Plan and what it means.

DELEGATE LEONARD TSOSIE
Navajo Justice Department said this is not in order so why are we continuing? And the definition calls for funding to be attached to 0118-13.

TRIBAL ATTORNEY KARIS BEGAYE
Exhibit A is not replacing Five Year Plan and it is in compliance with Appropriations Act.

VOTE ON AMENDMENT 1, AT 1 PM
17 IN FAVOR, 0 OPPOSED

MOTION FOR CEASE DEBATE BY DELEGATES WALTER PHELPS AND DANNY SIMPSON
15 in favor, 4 opposed

VOTE ON 0118-13, AT 1:10 PM, APRIL 22, 2014

The Council took five minute break to meet with tribal attorneys on whether it would take a super majority or simple majority to approve 0118-13. Speaker Pro Temp Bates announced after break that approval of 0118-13 by Council needed simple majority. Delegate Leonard Tsosie is challenging that decision. Bates asked tribal attorneys for clarification. While the Council waits for tribal attorney, legislative staff reads 0118-13. It is now 1:21 pm.

DEPUTY ATTORNEY GENERAL DANA BOBROFF
Question is whether waiver of Appropriations Act needed which requires 2/3 vote, which is super majority vote: 0118-13 need majority vote.

VOTE ON 0118-13, AT 1:27 PM
19 in favor, 1 opposed

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