Council to take up key legislation, appointments during Fall Session

WINDOW ROCK

The 25th Navajo Nation Council will open its five-day Fall Session on Monday, even as the Legislative Branch continues to operate with little to no budget.

Speaker Crystalyne Curley will preside over a packed agenda that includes major reports, budget actions and confirmations for key leadership posts.

Once the agenda is approved, the Council will hear the State of the Nation Address from President Buu Nygren. At times during his tenure, Nygren has elected not to deliver this report to the Legislative body in person.

The Council also expects an update from Controller Sean McCabe after the Navajo Nation District Court granted a temporary restraining order to stop Nygren’s attempt to remove him. Oral reports are also scheduled from the Bureau of Indian Affairs, Indian Health Service and the Office of the Attorney General.

Acting Attorney General Colin Bradley faced questions during Naabik’íyáti’ on Oct. 10 about legal conflicts, Executive authority and who controls the Nation’s finances. After hours of debate, the Naabik’íyáti’ Committee rejected his confirmation 0-12. If the full Council rejects Bradley again, he will be the third attorney general dismissed by the 25th Navajo Nation Council. The confirmation legislation is sponsored by Delegates Eugenia Charles-Newton and Vince James.

NEPA waiver extension for HUD grants

Legislation No. 0178-25, sponsored by Delegate Brenda Jesus and co-sponsored by Danny Simpson, would extend a limited waiver of sovereign immunity through Sept. 30, 2029. The waiver allows the Navajo Nation to be sued in federal court for compliance with the National Environmental Policy Act in carrying out U.S. Department of Housing and Urban Development grants.

HUD Form 7015.15 is a request for release of funds used in HUD’s environmental review process and certifies that the responsible entity has met all environmental requirements.

The proposal stems from a recommendation by the Navajo Housing Authority Board of Commissioners, which unanimously approved Resolution NHA-5258-2024 on Sept. 26, 2024, citing the need to maintain HUD support for construction, maintenance and operations. The extension continues a series of Council actions dating back to 2000.

Veterans Act restructuring

Legislation No. 0168-25, sponsored by Delegate Andy Nez, would amend the Navajo Nation Veterans Act by restructuring the Navajo Nation Veterans Administration and Veterans Advisory Council and by creating agency- and chapter-level veterans organizations to strengthen local representation.

The bill would formally recognize local veteran groups in tribal code and refine the roles of key advisory bodies. The goal is to better capture and address the needs of Navajo veterans, their spouses and Gold Star mothers.

The measure would establish five agency veterans organizations, one per Navajo agency, and 110 chapter veterans organizations, one per chapter. Only groups named “Chapter Veterans Organization” would receive official recognition.

The amended Veterans Advisory Council would include 10 voting members, one male and one female veteran from each agency, nominated by agency resolution. Passage requires a two-thirds Council vote.

Sihasin Fund projects, adjustments

Legislation No. 0232-25, also sponsored by Delegate Nez, would modify an earlier Council resolution that approved Sihasin funding for a multipurpose complex in Navajo, New Mexico, by removing certain project exhibits to allow design changes.

Separately, the Council is poised to approve $408,230 from the Sihasin Fund for a tourism infrastructure project in the LeChee Chapter near Page, Arizona, under a proposed resolution introduced May 22.

Legislation No. 0094-25, sponsored by Delegate Herman M. Daniels Jr. and co-sponsored by Otto Tso, would allocate the funds for the Taadidiin Tours Turnoff Improvement Project. The expenditure would follow Title 12 of the Navajo Nation Code.

The project would widen and pave a business turnout near milepost 308 on Arizona Route 98, about 13 miles southeast of Page. The site supports Taadidiin Tours LLC, which provides guided tours of Antelope Canyon and Cardiac Canyon.

Plans call for developing a 3-acre tract into a tour hub with an office building, parking, a cafe and a gift shop. Phase 1 covers the office and parking over 16 months, followed by Phase 2 to add the cafe and shop within five years.

Estimated costs include $235,000 for construction — mobilization, cattleguard, culvert, gravel and asphalt — and $173,230 for design and administration by Wilson & Company engineers. The Navajo Division of Transportation would manage the work. Funds would revert if unspent after 36 months. The bill needs a two-thirds Council vote and aligns with tourism goals near Lake Powell and other attractions that support local jobs.

Road, airport safety investments

Legislation No. 0172-25, sponsored by Delegate Arbin Mitchell, proposes $10 million from the Unreserved, Undesignated Fund Balance to improve Route N9402 serving the communities of Houck, Tsé Sí Ání and Nahat’á Dziil.

The 19-mile route connects three chapters. The bill calls for grading, drainage, gravel and chip-sealing to create a 26-foot-wide stabilized road. Residents have long reported flooding and mud that strand vehicles, school buses and emergency services. During a July public comment period, five commenters supported the plan and cited safety risks in rain and snow.

Local resident Rinda Burton described three decades of unsuccessful maintenance requests to federal and county agencies.

“We are not asking for the road to get paved, we just want a road that is feasible for the residents to get through,” Burton wrote in public comments supporting the bill. Houck Chapter President James Watchman Jr. has advocated for upgrades since 2013.

A separate measure, Legislation No. 0194-25, would provide $1.27 million from the same fund for the Navajo Department of Transportation to install automated weather observing systems at the Tuba City and Chinle airports. The bill is sponsored by Delegate Shawna Ann Claw and co-sponsored by Helena Nez Begay, Casey Allen Johnson and Otto Tso.

The systems would deliver real-time data on wind, temperature and visibility to improve flight safety and maintain FAA compliance. The airports support medical flights, cargo and passenger travel across the Nation.

Funding includes $483,800 per AWOS unit, totaling $967,600, plus $303,200 for engineering. The money would come from a nonrecurring source in the Unreserved, Undesignated Fund Balance, with controller and budget office approvals confirming no impact on operations.

Virtual attendance rules move to the Council

A bill to permanently codify virtual attendance for Council delegates, a practice adopted during the COVID-19 pandemic, is headed to the Fall Session.

The Naabik’íyáti’ Committee on Oct. 16 approved Legislation No. 0227-25 by a 13-0 vote, referring it to the full Council for final consideration. The bill, sponsored by Delegate Amber Kanazbah Crotty and co-sponsored by Curley, would amend Title 2 of the Navajo Nation Code to allow delegates to attend standing committees, subcommittees and Council meetings by teleconference or video conference.

The proposal follows emergency resolutions CMA-04-20 and CMY-45-20 that permitted virtual participation during the coronavirus emergency, which ended in June 2023. Lawmakers found that virtual and hybrid meetings sustained government operations, improved advocacy for communities and increased public access.

Key changes include updated compensation rules. Delegates, whether attending virtually or in person, may receive a $60 per diem for each day of official business. Mileage reimbursement under the Navajo Nation Travel Policy applies only to in-person attendance. Standing committee chairpersons remain eligible for an additional $80 per diem for extra duties. Per diem requires at least three hours of attendance or completion of the agenda.

The bill adds definitions for “virtual attendance” and “virtual,” clarifies that delegates must attend regular and special sessions either in person or virtually unless excused, and adjusts voting procedures. In-person votes would use electronic recording or a show of hands. Virtual votes could be verbal, by text or by email, with all votes announced on the record. Proxy voting remains prohibited.

Meetings must primarily occur in Window Rock. Exceptions require written approval from the speaker and available funds. A quorum, an adopted agenda and substantive actions are required for a gathering to qualify as an official meeting eligible for compensation.

If approved by a two-thirds vote, the amendments would take effect under Navajo law. The bill directs the Naabik’íyáti’ Committee’s Title Two Reform Subcommittee to review implementation as a priority and report any recommended changes at least 30 days before the Council’s 2026 Spring Session.

Short-term funding shift for district assistants

The Naabik’íyáti’ Committee also approved reallocating $177,434 from the Office of the Speaker to the Legislative District Assistants Program to keep the program operating for one month after it lost funding through Nygren’s line-item vetoes.

Legislation No. 0228-25, sponsored by Curley and co-sponsored by 12 delegates, states that “due to Navajo Nation President Nygren’s line-item vetoes of the Legislative District Assistants Program in CS-44-25, LDAP is in need of a budget reallocation from the Office of the Speaker in the amount of $177,434.”

A Budget Revision Request Form signed by Curley and Chief of Staff Manuel Rico Jr. explains the transfer covers one month of salaries for one regular status employee and 27 limited-term positions, fringe benefits and insurance premiums. The document states the shift will not affect program performance criteria and is intended only to maintain operations while longer-term solutions are developed.

LDAP supports all 24 Council delegates at the community level with communications, public meetings and legislative coordination. Under Navajo law, the Naabik’íyáti’ Committee may move funds between programs it oversees. Such reallocations typically require a two-thirds vote.

An amendment introduced by Delegate Amber Kanazbah Crotty and seconded by Delegate Shawna Ann Claw reaffirmed the Council’s governing authority under Title 2, Section 102(A). Both the amendment and the main motion passed 13-0. Co-sponsors include Helena Nez Begay, Charles-Newton, Brenda Jesus, Arbin Mitchell, Andy Nez, Nathan Notah, Shaandiin Parrish, Germaine Simonson, Danny Simpson, George Tolth and Lester Yazzie. If approved by the full Council, the reallocation would immediately restore short-term funding for LDAP at the start of fiscal 2026.

The funding actions arrive amid a wider standoff between the Legislative and Executive branches over budget control and presidential veto powers. Earlier vetoes cut Legislative Branch programs including staff operations, travel and district-level support.

Fall Session begins at 10 a.m. at the Navajo Nation Council Chamber in Window Rock.

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