OFFICE OF THE PRESIDENT AND VICE PRESIDENT JONATHAN NEZ | PRESIDENT MYRON LIZER |VICE PRESIDENT

EXECUTIVE BRANCH SECOND QUARTERLY REPORT

SPRING COUNCIL SESSION APRIL 2021 NATION OFFICE OF THE PRESIDENT AND VICE PRESIDENT

SPRING COUNCIL SESSION 2021

TABLE OF CONTENTS PAGE NO.

I. Department of Diné Education 2 II. Department of Human Resources 35 III. Diné Uranium Remediation Advisory Commission 40 IV. Division of Community Development 43 V. Division of Economic Development 55 VI. Division of General Services 68 VII. Division of Public Safety 73 VIII. Navajo Department of Health 84 IX. Navajo Division of Social Services 95 X. Navajo Division of Transportation 106 XI. Navajo Gaming Regulatory Office 110 XII. Department of Justice 114 XIII. Navajo Nation Division of Natural Resources 120 XIV. Navajo Nation Environmental Protection Agency 134 XV. Navajo Nation Telecommunications Regulatory Commission 139 XVI. Navajo Nation Veterans Administration 141 XVII. Navajo Nation Washington Office 143 XVIII. Navajo-Hopi Land Commission Office 148 XIX. Office of Hearing and Appeals 158 XX. Office of Management and Budget 160 XXI. Office of Nation 165 XXII. Office of Navajo Public Defender 169 XXIII. Office of Navajo Tax Commission 172 XXIV. Office of The Controller 175

1 Department of Diné Education

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

2 DODE finalized the Navajo Nation School Reopening Plan and presented it to the Navajo Nation Board of Education on March 16, 2021. The reopening plan is the result of many collaborative hours between multiple groups, including local community mitigation teams, the Navajo Nation Health Command Operations Center, and internal DODE work groups. The plan was designed with the best practices based on the recommendations by the Center for Disease Control, also taking into account any feedback received by both reservation schools as well as families of students attending these schools. The finalized plan can be viewed on the DODE website.

During weekly school leadership meetings, updates and remarks are provided by Acting Superintendent of Schools Patricia Gonnie about the impact the pandemic has on the reopening efforts for schools on the Navajo Nation. Staff from OPVP and DODE programs give remarks on their schools and various programs, and the CDC and Navajo Nation Epidemiology Center also provide continuous updates on COVID-19 statistics.

With the approval and rollout of the Pfizer-BioNTech and Moderna COVID-19 vaccines on the Navajo Nation, education workers and other essential staff have been continually reminded to sign up for their dose if they have not received theirs yet. DODE staff were first able to enroll for the vaccine at the end of January, and more employees were able to obtain their first and second doses throughout the quarter.

In a special meeting on March 18, 2021, the Navajo Nation Board of Education recommended Harold G. Begay, Ph.D., for the Superintendent of Schools position. The recommendation now goes to the goes to the Health, Education, and Human Services Committee for approval. Afterward, the Naabik’íyáti’ Committee will discuss the recommendation and then final confirmation will be decided by the 24th .

Following the tabling of a resolution that would have rescinded restrictions on schools to online learning, DODE has returned to soliciting parent feedback on the Navajo Nation School Reopening Plan and is developing avenues for parents to have their voices heard on whether they feel safe sending their children back to school or if they want to have the option to remain online with learning for the imminent future.

Monitor the ongoing developments of the COVID-19 pandemic and vaccine rollout, particularly considering new variants being identified on the Navajo Nation. Continue to use the information provided by NNEC to maintain safe workspaces for staff.

The Navajo Nation continues to make a fiber-optic broadband infrastructure a priority for families and communities. Issues such as connection quality, price, and technology remain obstacles for the reservation, but DODE has been collaborating with numerous external groups, such as the New Mexico Homework Gap Team, to address the situation.

3

MAJOR ACCOMPLISHMENTS

Office of Navajo Nation Scholarship & Financial Assistance/Higher Education Grant Program

Office of Navajo Nation Scholarship & Financial Assistance (ONNSFA) continues to provide essential services to students and families attending postsecondary education. All offices have operated at 50% so more personnel are teleworking.

1. Having a student pursuing post-secondary education involves the entire family, which also impacts family finances. ONNSFA funded 4,083 students with $11,925,592.00 thus far. Most of students and their families were able to continue their college and vocational education despite the challenges of the pandemic. Continuation of education despite the pandemic also means students were sheltered at home, off campus or on campus housing and their basic needs were met with food and supplies.

CHALLENGES

1. The primary challenges on families during the academic term continues to be closure of schools, businesses and government functions due to the pandemic, which caused a domino effect in people’s lives causing a lack of food, lack of housing, lack of necessary tools to continue their education such as computers, Internet and supplies.

2. In addition to basic need challenges resultant of the pandemic, funding to more than 400 students were delayed because the Navajo Region Bureau of Indian Affairs decided to decline the Successor Annual Funding Agreement, (SAFA) citing a lack of funds, which further delayed awarding the funds when the funds were received. The BIA has not had funds on time, but it has never declined due to lack of funds. BIA and Navajo Nation always processed the SAFA pending receipt of the federal funds. Upon receipt of funds, Unilateral Modifications were processed and funds 2 awarded. This year the BIA decided to take the Nation through an extra layer of bureaucracy, just because, causing delays in funding students this spring term.

B. Behavioral and Mental Health

NNSFA services continued 8 - 5, Monday through Friday. ONNSFA personnel were in their offices for students and processing their applications, answering telephones, email messages, receiving mail

4 and logging in documents. Having an employee answering your phone call and email messages goes a long way when the government is not complete open to the public. Students and families were very grateful that we were answering their calls.

The challenges were related to communication breakdown because of telephones not working including email and Internet being down periodically. We also got behind in processing awards because the BIA funds were significantly delayed.

C. Housing

Financial Aid awards covers the cost of attendance, which includes housing for students, so funds provided by the Navajo Nation provided housing for many students.

The biggest challenge is closure of college campuses creating a lack of housing for students. The other challenge is not enough resources to help students with more funding.

D. Budget and Finance

The goal of the program is to having the federal funds be Forward Funded, so the budget will be in place for two years beginning in July and well before the Fall term begins. We currently have a declination letter from the BIA because they have not received the higher education funds. The budget for the Navajo Nation Scholarship Office needs to be stable. Evidently, BIA funding is not stable even though Congress has authorized the funding in the Continuing Resolution.

Effective advocacy is a major challenge because we cannot use federal funds to advocate for funding. It’s a major challenge when the Navajo Nation Human Resources continues to operate on a limited basis and create roadblocks for people.

E. Education & Cultural Language Preservation

The and culture preservation is important to the Navajo people. The Navajo Nation Scholarship office supports the preservation of the Navajo language and culture by offering the Chief Maneulito Scholarship. The students are required to take two units of Navajo language to qualify for this funding.

In addition to Navajo courses, it is important for students to have and aspire for high academic achievement, which is indicative through ACT scores above 21; however, the greatest challenge right now is the Navajo Board of Education trying to change the criteria of scholarship mid-year by waiving the ACT requirement. Instead, the board wants to lower the high academic achievement bar.

F. Government Affairs and Policy

Going through the Federal legislative process to get the BIA Higher Education Grant forward funded. It’s a major accomplishment to get this far with support from the Governors of Arizona, Colorado and Utah and state legislatures, many tribes and national organizations including Diné College and Navajo Technical University and the Arizona Board of Regents.

5 The challenge has to been to gather support and educate everyone about the issue but all of that is done. Waiting for the introduction of the bill.

G. Public Safety System

ONNSFA has an Agreement with NTU for students to receive a certificate in law enforcement. If passed, a student can successfully pass the law enforcement entrance exam.

Biggest challenge is not enough recruits are taking advantage of this program.

H. Infrastructure

There are no accomplishments in infrastructure. We remain in need of additional office space and improved ventilation.

The Navajo Educating Center is an old building because it wasn’t taken care of properly. There is a constant bad odor in the north entrance. The building is either too hot or too cold. It needs a lot of repairs and cleaning.

Plexiglass sneeze guards are supposed to be installed; they are not all installed in all spaces yet.

I. Economic Development/Tourism

Education is a key component of Economic Development. Education providers account for all students and that is how funding is allocated.

There are many challenges to improving the Nation’s economic conditions. There are few private businesses so we should have more businesses on the Navajo Nation, but the Navajo Nation keeps opening businesses. It will take a change in customer service on the Navajo Nation to improve the businesses on the Navajo Nation.

6 Office of Standards, Assessment, and Curriculum Development

OSCAD provided continued services to schools to work with potential teachers and those who had to renew their teaching certificates. Since OSCAD waived the in-person assessment for the potential teachers, these teachers are recommended for a provisional/emergency teaching certificate for this school year. For those who are seeking certificate renewal, OSCAD made a minor adjustment to the renewal process so as not to hinder the renewal of these teachers' certificate. There are a total of 24 individuals who contacted OSCAD for renewal, inquiries on certification and testing process.

Navajo Nation Seal of Bilingual Proficiency Assessment

A total of 8 students took the annual NN Seal of Bilingual Proficiency Assessment in the month of March. OSCAD considers this a major accomplishment this school year - those students who participated took it upon themselves to register with support from their teachers and parents. It has been a challenge for every DLC teacher to deliver instruction online due to connectivity issues and collaborating with parents to support their children to use the language at home.

Virtual Professional Development for Schools DLC Teachers

OSCAD held it 3rd professional development virtually in February 2021 for all Tribally Controlled schools, MOA public schools and BIE schools. Gallup McKinley County School Dine Language and Culture Department provided the training. The focus of the training was on Utilizing the Sa’ah Naaghái Bik’eh Hozhoo principle as a framework for learning: Nitsáhákees (Thinking), Nahat’á (Planning), Iiná (Living), Sihasin (Assuring) The attendance with over 100 partcipants shows that there is a need to connect during these uncertain times. Schools were grateful and appreciative that they were able to connect with other schools.

NMPED IED IGA

NMPED IGA completed the 164 process since starting the process in July 2020. The documents have been submitted to OMB and OOC to set up an account for the award in the amount of $200,000. The funds will be used to:

• Create and publish instructional materials, online and/or paper assessments and testing instruments for the teaching of Dine language and culture.

• Incorporate Dine language and culture data as part of the academic achievement profiles and assessment measurements.

• Coordinate with other Department of Dine Education programs, Dine College and Navajo Technical University and other organizations in providing resources related to Dine language, culture, history, and government programs.

CHALLENGES

Due to the COVID-19 pandemic the goals included in Form 2 for both OSCAD and NTAP have been partially met for first quarter. In person professional development trainings for teachers, on-going collaboration with schools, scheduling for DL&C assessment administration were impacted. NTAP have yet to conduct public hearings, meet with interested individuals to start the revision of the manual and to participate/present at professional development trainings held virtually.

7 OSCAD is recommending to NMPED and ADE to issue Emergency Teaching Certificates (one year) to teachers who are up for renewals and for test taking. This is a challenge as renewing of certificates requires face to face meetings, visitation to schools and DLCC test is paper/pencil and administered at DODE.

Vacancies in OSCAD has been made it very difficult to accomplish the goals and performance objectives. The Department of Personnel Management’s advertisement process is very slow including the screening of applicants. The hiring process would be faster if DPM would allow DODE to screen their own applicants as each department here at DODE has the knowledge and skills to identify applicants who are qualified for the vacant positions.

OSCAD staff have been attending all meetings, and other development over zoom meetings, Microsoft team meetings, and phone calls. We have not met in person and will continue to meet virtually until further notice.

The pandemic had a huge impact on the number of students taking the NN Seal of Bilingual Proficiency Assessment. In prior years, close to 100 students registered to take the test from schools on NN and border town schools. This year due to schools going to online learning, connectivity was the major issue. Teachers and staff stated that the students felt that they were not quite prepared.

Office of Navajo Nation Library

1. All main library staff members returned to work on February 8, 2021 after Navajo Nation employees went on administrative leave on November 17, 2021. All main library staff members received both vaccinations. The staff member at Kayenta Community Library received her first vaccination and is waiting for her second vaccination, as of this writing.

2. On February 18, 2021, Mr. Nelson received a call from Mr. David Mazor, Founder, Reader to Reader organization in Amherst, Massachusetts. Mr. Mazor informed Mr. Nelson that a major publisher was shutting its doors and wanted to donate one copy of its published materials. Mr. Mazor indicated that 10,000 individual titles would be donated to the Navajo Nation Library. As of this writing, Mr. Mazor is working with the publisher to implement shipping.

8 3. Kayenta Community Library was closed on February 8, 2021 due to no heat in the library. As of this writing, Kayenta Township has a motherboard on order for the HVAC system. Mr. Nelson made arrangements with Navajo County Library in Holbrook, Arizona to provide 3 space heaters for keep the library staff member warm. Kayenta Township maintenance section also provided one space heater; however, it was not adequate.

4. On February 24, 2021, Mr. Nelson received an email from New Mexico Public Education Department that 5 pallets of books were ready to be picked up. Mr. Nelson emailed a request to New Mexico Public Education Department to get books donated. Mr. James Moore Jr., traveled to Santa Fe, New Mexico on Thursday, February 25, 2021 and on Friday, February 26, 2021 to pick up the entire 5 pallets of books. The donated books will be set aside for Navajo Nation Head Start and for Navajo Nation Office of Dine Youth. As of this writing, Navajo Nation Head Start will be picking up this shipment of books.

5. Three groups are doing book drives for the Office of Navajo Nation Library as follows: a. Mrs. Shayla Griffes, PTA President in Utah recently did a book drive; however, they did not know who to donate to. She contacted Mr. nelson and he accepted the donation. b. Heather, Hansen, Author in Pennsylvania wants to do a book drive for our library and Mr. nelson informed her that the Navajo Nation Library will accept the donation. c. Ms. Tiffany Sani, 2nd grade teacher, Los Angeles contacted Mr. Nelson and wanted to do a book drive for the Navajo Nation Library. Mr. Nelson informed her that the library will gladly accept the donation.

6. 10,000 new books will be donated to the Office of Navajo Nation Library and will be made available to all library users when the books are placed on the shelves.

7. The digitization of the ONEO Oral History Collection has been completed. Mr. Nelson spent 20 years attempting to secure Navajo Nation Funds to digitize the collection. Federal or state funds could be been utilized; however, the culturally sensitive information would have had to be made available to all U.S. residents (federal funds) or all Arizona residents (Arizona funds)

CHALLENGES

1. The same situation as previously reported: The Navajo Nation DPM has not made any efforts to approve our PCQ for a position for Torreon Community Library. The program lost $60,000 in FY2019 and $60,000 in FY2020 since NN DPM did not approve our PCQ for the position. We are in the 1st quarter of this fiscal year and NN DPM still has not approved our PCQ. Former DODE Superintendent, Dr. Tommy Lewis Jr., and our program had a meeting with NN DPM in October 2019 and nothing came out of that meeting. This is the third year that NN DPM has had the Personnel Classification Questionnaire and has taken no action to date.

9 The program has lost $120,000 in unused personnel budget for the position for Torreon Community Library.

2. Same challenge as previous quarter: The Office of Navajo Nation Library and Kayenta Community Library will remain closed until the is allowed to reopen when the Navajo Nation reaches the green status.

3. Same challenge as previous quarter: The program submitted work orders to Navajo Nation Facilities Maintenance for the installation of Plexiglas sneeze guards and for half-doors for library staff members with offices. Navajo Nation Facilities Maintenance informed the program that they are waiting for CARES Act funds that they will use to purchase Plexiglas and half-doors for the Navajo Nation Library. It is essential that Plexiglas barriers and half- doors be installed for the safety of library staff members. There has been no feedback from Navajo Nation Facilities Maintenance as of this writing.

4. Kayenta Community Library has had no heat since March 8, 2021. Parts were ordered by Kayenta Township Maintenance and the repairs should be completed when the motherboard is received.

Office of Dine Accountability and Compliance

1. ODAC, BIE and two Grant schools (Shonta Prep and NaatsisAan) all worked together as each school developed their Corrective Action Plans addressing their Audit Ending 2019 Findings to which the NNBOE was able to reauthorized them for an additional 6 months as they all addressed their financial issues

2. Ch'ooshgai Community School had completed and submitted their Corrective Action Plan, financial supporting documents to the BIE in preparation for their upcoming Reauthorization on January 7, 2021

1010 3. Provided Reports to the Health, Education, Humas Services Committee in regards to the following: Actions taken to the Application Content for Reauthorization per work-session with the Navajo Nation Board of Education,

4. ODAC continues to administer School Leadership virtual meetings with Tribally Controlled, BIE Operated, State Public Schools and Private Schools to which the CDC and the Navajo Epi Center provided presentations on COVID-19 cases on the Navajo Nation and answer questions from school personnel. This platform was also used to provide schools with updates regards, School Reentry Plans, state department updates and updates from the Navajo Nation President.

5. ODAC continues to assist schools during the COVID-19 Pandemic in terms of School Reopening Plans, Federal reporting, reporting school COVID-19 cases.

6. DoDE has been working with the Navajo Elections Administration, Navajo Elections Board of Supervisors, and now the Health, Education, Human Services Committee (HEHSC) to continue to develop language to begin to amend Title 11 in regards to requiring background checks for school board officials (Accountability)

7. DoDE/ODAC has successfully met with the Navajo Nation Board of Education (NNBOE) to begin to update the application content for reauthorization as the current process is outdated and need revision

8. DoDE/ODAC has been providing all schools (BIE Operated, Tribally Controlled, Public, Private) with weekly meetings in regards to education updates as part of implementing the mandates of the COVID-19 pandemic.

CHALLENGES

1. DoDE continues to work with the Navajo Elections Administration to draft legislation language to mandate background checks from all school board officials.

2. SASI has been working with Do DE to complete and implement their Corrective Action Plan per intervention policy. Due to school closure per COVID-19, Do DE as been unable to complete tasks. But DoDE is continuing to communicate with SASI leadership to complete and implement the CAP when school open back up.

3. Wide Ruins Community School Board is currently going through a "Due Process Hearing" with the Navajo Nation Board of Education and DoDE. The next Due Process Hearing is currently pending. The Navajo Nation Board of Education will decide whether Do DE will need to assume control of the school once they hear from all the witnesses.

1111

4. DoDE continues to request for collaboration with the BIE Navajo Region and BIE still has not responded to our request.

5. An injunction was filed against the newly approved Apportionment plan. This injunction has caused the questions of who will govern the 66 Navajo BIE funded schools.

6. The Navajo Elections Administration, Navajo Elections Board of Supervisors, NNDOJ and the Navajo Nation Board of Education will need to all come together and agree on one direction in order to enhance Title 11 to require background checks for all school board members.

7. In order to assist schools, the BIE has difficulty working with DoDE on ways to assist BIE funded schools

8. Currently, there is an injunction against the revised school board apportionment and therefore there are questions as to how schools will operate without a school board for the upcoming spring semester, 2021

Project# 1: TED Grant initiatives: DoDE/ODAC and the Navajo Nation Board of Education have submitted through the 164 Review process a 638 Contract proposal to transfer the BIE Navajo Region to DoDE. This will reach the president’s office for their review.

Project# 2: ODAC/DoDE has been meeting virtually with Local SEA's, Public School Superintendents, BIE Funded Schools Leadership in regards to how school will need to operate while still following the executive orders from the Navajo Nation Government:

Government Affairs and Policy

1. We are going through the Federal legislative process to get the BIA Higher Education Grant forward funded. It's a major accomplishment to get this far with support from the Arizona Governor and legislature, many tribes and national organizations including Dine College and Navajo Technical University and the Arizona Board of Regents.

1212 Johnson-O'Malley Program

1. Navajo Nation approves the NN Indian Education Committee Policies under the Johnson O’Malley Program. It is in the best interests of the NN as well as public schools eligible for Johnson-0' Malley funds.

2. JOM Program, PL 93-638 Contract No. A21Av00004 represents the final distribution of F.Y2021 Tribal Priority Allocations base funding (1/1/2021 to 12/31/21). Letter sent to (25) Subcontractors requesting for SY 2021-22 application based on the final funding allocation.

3. The COVID-19 Pandemic has seriously impacted the NNJOM Subcontractors' student count, therefore, FY'2020 Certified Student Count will be used for FY'2021 (July 1, 2021- June 30, 2022) funding allocation.

4. NN JOM Program, Senior Education Specialist, is a participant in the Tribal Consultations with (19) schools thus far.

5. Letters were sent to the (25) Subcontractors to update their liability Insurance per Risk Management requirements. Most Schools are responsive to the change and submitting the updated Certificate of Insurance. NNJOM Subcontract Agreement will be amended to reflect the Risk Management Insurance requirements.

6. Annual Report: The NN JOM agrees to submit the brief Annual Narrative Report for year ended Dec.31, 2020 by April 30, 2021 which is the amended due date.

7. One-Time Supplemental Funding: A one-time opportunity given to Subcontractors to identify a plan or unique needs to use the unspent funds. 19 NN JOM Subcontractors applied and on- going.

8. Two-Year JOM Contracts: Subcontractors are currently on the 2nd year contract with a modification. The unspent funds ending 6/30/20 for each schools were reallocated to their 2nd Year Contracts.

9. FY 2021-22 Final Allocation: Currently receiving proposals from the 26 Subcontractors. Arizona 19,254 certified students, New Mexico 10,513 certified students and Utah 1,529 certified students.

CHALLENGES

1. Navajo Nation 164 Approval Process: The 164 Reviewer are not using the 5-day reviewal limit which hinders the execution of contracts result in delayed contract award and schools not spending their funds

1313

2. Navajo Nation Risk Management insurance requirements put a hold on all of the JOM Contracts: One-Time Supplemental Funding, 2-Year Contracts, Modifications and FY 2021- 2022 Funding.

3. The COVID-19 Pandemic hindered work schedules for NNJOM Program and NNJOM Subcontractors such Shelter In Place, Lockdown and Curfew Hours,

4. JOM Program literally going in circles with contract extensions and modification for the ongoing 80 contracts due to delayed contract execution.

5. JOM Program need support from DODE, DOJ, OOC, 0MB and OP/VP to get schools on tract and move the contracts through the 164 reviews expediently.

6. NN Johnson 0-Malley program will monitor and evaluate the Subcontractors' education plans, goals, and objectives to determine the effectiveness and efficiency of the performance to ensure compliance with regulations, directives, policies and fiscal accountability.

Office of Dine Y.O.U.T.H

1. Chinle – Utilizing social media to forward and share positive and encouraging messages to our agency youth population. Staff record videos and posts them on Facebook Live. The videos consist of Office of Diné Y.O.U.T.H. updates as far as the status of the program services, mainly pertaining to the COVID-19 impacts and restrictions that have been put in place through the Public Health Executive Orders. CHODY has shared videos that inform the youth/students of the necessity to adhere to the CDC health guidelines and protocols, maintaining vigilance by constantly masking up, sanitizing, social distancing, and other safety measures. b) Taken initiatives to provide numerous curbside outreaches to distribute snacks, school supplies, arts and craft materials, toys for tots’ items, shoes for youth and adults, jackets, socks, etc. c) During the curbside outreaches, CHODY membership applications are being distributed to interested individuals who request to have their child(ren) enrolled into the programming or activities offered.) The COVID-19 impacts across the Navajo Nation has been very challenging for our nation, our people, our government and our youth. The ODY face to face (in person) programming has been on hold for one (1) whole year and we have reverted to providing on-line virtual activities through Zoom, Teams, and periodically Facebook Live.

1414

The agency collaborated with three schools for the first time in consecutively conducting Active Parenting Classes for the following schools: Chinle Elementary School, Round Rock Elementary and Junior High School, and Nazlini Community School/ FACE Program. The school liaison, parent engagement specialist, and parent coordinator all worked with the parents of their schools and each school participated in the Active Parenting Sessions offered by the agency Prevention Specialist. The classes were interactive, and the Active Parenting Fourth Edition Curriculum was used to provide the six parenting classes. The Seventh Class focused on the Graduation of the Parents. With the Navajo Nation moving from the “Red” to the “Orange” (25% to 35%) room and staffing capacity announce by President Jonathan Nez on the March 11, 2021 Town Hall Meeting, ODY has worked on the re-entry plan and shared it with the Department of Diné Education. All agency staff have voluntarily completed the first and second Covid-19 vaccinations as encouraged by the Navajo Nation leadership.

Boys & Girls Club of Diné Y.O.U.T.H. – Chinle ODY and the Boys and Girls Club of Diné Y.O.U.T.H. received notification of receiving $150,000.00 through the generosity of an anonymous donor for support of ODY/BGCDY continued operation and services. The funds will enhance Project Learn programming and prevent learning loss, include participation in the Boys & Girls Club of America (BGCA) Project Learn training, customized strategies, technical support, safety guidelines, and curriculum; Ensure that all local club staff will participate in the BGCA mental health first aid and trauma-informed care trainings and certifications; Receive support for sustainability and strategic planning, tools to support partnership development and school relationship; and Ensure that sites using the funding stay open when viable and if the site must close the funds received for Project Learn services must be reallocated to food services for children that can’t come to the site. The funding is unrestricted and flexible as far as expanding tutoring, enhance culture and language programs, and fund to hire additional staff.

2. Shiprock – a) Partnership with Diné Introspective conducting presentation to our afterschool programming on Tai Chi and History of Hozho Indigenous Perspective, and other cultural activities/presentation to keep our Native youth resilient through cultural teachings. b) Toys for Tots distribution drive January 22, 2021, assisted 585 youth and families during our event along with giving out small care items; c) Engagement in Parent Involvement by conducting a Parent Talk event, focused on reintroducing and reviewing ODY ASP prevention curriculums with the parents. The parents were able to ask questions and comment regarding the various curriculums and many expressed their support as interest in incorporating Diné philosophy and teachings into the daily programs; d) Application and recruitment drive during Spring Break Bash event to communicate to youth and families on program information and encourage them to enroll their child or children ages 6-18 years old. Applications and pamphlets were given out along with an incentive. Other entities (Forestry, Fire Department, and the Police Department) were involved to talk about their program and provided COVID-19 information and vaccinations on the Navajo Nation.

1515

In the process of making accommodations of visual aids to improve facility for the afterschool re-entry when it comes time. Currently staff are modifying changes to the facility by making barriers and ensuring all PPE, sanitizers, and supplies are always on hand to protect and prevent the spread of COVID-19 to keep youth and personnel safe. The agency is excited and getting ready for the youth to return into youth facility by following the CDC guidelines. Collaboration with other entities such as Tuba City Office of Diné Y.O.U.T.H., Indian Health Services, Navajo Nation Forestry, Diné Introspective, Fire Department, Shiprock Police Department, Shiprock Chapter, other Chapters within the Northern Agency, and the local Search and Rescue team to assist in the agency curbside event to reach the youth and their families. These collaboration curbside events are to give out toys, care items, flyers, coloring books, newspaper, basketballs, and other materials from other organizations. The agency began working with Diné Farmers through Diné Introspect to reach out to youth who are interested in gaining knowledge in developing their own farming, garden boxes, and to learn the teaching behind being a farmer and its responsibilities. We hope to have an agency own garden box soon. Diné Introspective donates food boxes which consist of potatoes, cabbage, onions, oranges, applies, granola bars, etc., on a monthly basis to distribute to the agency youth and their families. The staff continue to emphasize parent involvement for the youth participating in the virtual afterschool programming. Youth are engaged in prevention education, tutoring, story time, and teamwork working toward a goal of academic success and updated information within the CDC guidelines.

3. Tuba City – a) Promoting the core principles of the Department of Diné Education, emphasizing on the importance of Navajo History, Language and Culture has brought traditional insight into the youth’s education. Advocating for these standards the agency has collaborated with Kayenta Unified School District Culture Center to focus on Navajo teachings, language and philosophy; b) The agency continues to be an excellent resource for Early Childhood Development programs. Diné Y.O.U.T.H. understands the importance of early childhood education is the foundation of educational success, therefore has created mini educational sessions with Navajo Head Star which focuses on the four pillars of Diné Y.O.U.T.H.: Prevention, Education & Knowledge, Recreation and Navajo Culture, Language and History; c) In partnership with communities, schools and departments throughout the Navajo Nation to help advocate for our youth, the agency outreach efforts have always been successful especially within the classroom. Despite this year’ challenges of Covid-19 CDC recommendations, the agency continues to reach out to schools, such as Kayenta Middle School as an outreach program to focus on Educational Prevention by presenting and educating our youth on the effects and dangers of substance abuse and behavioral health.

The agency provided 6 virtual session with Kayenta Unified School District Culture to promote the core principles of the Department of Diné Education. Each session advocates on the importance of Navajo History, Language and Culture. Each lesson has brought traditional insight into our participant’s education; provided 7 mini sessions with Navajo Head Start.

1616 Diné Y.O.U.T.H. understands the importance of early childhood education is the foundation of educational success and takes great pride in serving our youth. These mini lessons focus on the four pillars of Diné Y.O.U.T.H.: Prevention, Education & Knowledge, Recreation and Navajo Culture, Language and History; and provided 3 outreach services with Kayenta Middle School. Our outreach efforts have always been a great success especially. Diné Y.O.U.T.H.’s outreach program with Kayenta Middle Schools focuses on Educational Prevention. Presenting and educating our youth on the effects and dangers of substance abuse and behavioral health.

4. Crownpoint / Huerfano – The agency has been implementing Virtual Afterschool Programming by providing various activities such as STEAM. Youth are learning how to write and speak the Diné Language. Youth are learning about healthy eating and learning how to plant different types of vegetables. Youth are provided with daily curriculum such as Dare to be You and Student Assistance Program. The recreation and prevention staff are providing activities to the Borrego Pass School once a week by providing various programming to K – 8th Grades. At the Huerfano Youth Center, youth learned about the history and importance of the Navajo String Games and its values to the Navajo Culture, staff are utilizing the Diabetes Education in Tribal School where the youth learned about the gifts of trees, which is learning to respect and appreciated through nature and are provided the Student Assistance Program/Dare to Be You to the afterschool program participants once a week, youth learned the history and purpose of the philosophy of Character Counts, youth participated on a virtual field trip to the San Diego Zoo and the Carlsbad Caverns, they learned so much from the animals habitat and the environment, and staff are providing virtual Physical Education activities to the Dzilth Na O Dith lhe School to K- 8th Grades from 4:30 pm to 5:00 p.m. The current activity is called “High Five, Lets’ move.” Continue working with the Crownpoint Youth Complex Construction. The Youth Complex construction began on August 10, 2020. The agency has been having virtual meetings at least twice a month and following the CDC Guidelines. With the weather get warm, Arviso Construction is now operating at 4/10 hours daily. The Huerfano Youth Center has roof leak and the Huerfano Chapter is obtaining funds to purchase the materials for repair.

5. Ft. Defiance – The agency implemented an array of Virtual Youth Programs, such as Virtual After School Program, with emphasis on Character & Leadership Development, Prevention and Healthy Life Skill, Recreation, Arts and Leisure Fun activities; Girls Scout Virtual Program with the FDODY Girls Scout Troops/Members meeting bi-weekly for virtual meeting sessions and leadership development and attended the Arizona Cactus Girls Scout meeting/events; and Virtual Teen Services to Teens on Service-Learning Opportunities for high school students which includes mentorship, workshops, digital storytelling and more with Diné College via email. These events were conducted virtually, giving youth the opportunity to continue to participate in youth development activities sponsor by the agency staff directly from their homes. For Virtual Outreach, the agency provided services to students/youth at the following schools: Greasewood Springs Community School - virtual

1717 Bullying Prevention and Positive Character presentation to student grades K-2nd, virtual Anger Management and Positive Communication presentation to student grades 3rd-5th, virtual Maintaining Good Physical and Mental Health presentation to student grades 6th-8th and a virtual Bullying Prevention presentation to students, parents and staff on Parent Night; Ganado Intermediate School – virtual Career Q & A Presentation to the students; Ganado High School- provided Team Building and Ice Breaker activities with 9th & 10th graders; Hunters Point Boarding School- distributed 112 Activity Bags consisting of recreational and fitness worksheets, youth diabetes prevention and bullying worksheets, school supplies- pencil, pencil bags, notebooks, crayons, and facemask for students grades K-5th; In addition, co-hosted a virtual presentation on “Teen Dating Violence/Teen Relationship “with Navajo Nation Department of Mental & Behavioral Health Services for teens/parent in and surrounding communities emphasize on positive relationships and violence prevention. The agency received donation of supplies from Tipi Organization, consisting of socks, mask, hand warmers, wood starter, bean soup ingredients, hand sanitizer, etc., which was inventoried and will be disseminated to agency youth and their families.

CHALLENGES

1. Chinle - The most challenging aspect of attaining program deliverables continues due to the COVID-19 pandemic that continues to hamper every level of Navajo Nation’s operation and the adjustment to convert to providing virtual on-line activities and programming via the available technology resources.

2. Crownpoint / Huerfano – Unfortunately, there’s only one chapter official at Huerfano Chapter, and the individual is doing everything to process the documents which slows the overall process to initiate the roof repair to the Huerfano Youth Center. May be this is where the chapter can seek funds from the Cares Act or recent funds approved to be given to the Navajo Nation.

3. Ft. Defiance – The impact of the Corona Virus (COVID 19): The agency has reinstated limited youth services and majority of our youth programs are conducted virtually and curbside. Agency’s facilities and complex are still remain closed to the public at this time; however, are providing Curbside Services. “In Person” offsite/outreaches, for youth services, community events and activities remain closed at this time, however the agency is reinstating “Curbside Youth Outreaches” with school located in the Fort Defiance Agency. The importance of closure and cancellation is to avoid social gathering and the transmission of the virus. Agency is staffed at 25%on a staggered alternative work schedule, which allows staff to either work at the office or work remotely. In conclusion, the Corona Virus (COVID 19) continues to tremendously impede on the agency office and program. Agency staff are praying and being optimistic that this virus will soon cease and may return to a normal working environment and begin regular services to our Diné youth and community. The

1818 agency is challenged with addressing COVID-19 safety upgrade in the agency office and purchasing sufficient number of PPE/Janitorial Supplies for staff and office. Agency office is encountering “Supplies Out of Stock” or “On Back Order” with local vendors. In addition, agency office is still waiting on PPE/Janitorial Supplies that were purchased in June 2020, which we conduct periodically follow-ups with vendors. Agency office is trying to address the safety upgrade prior to re-opening for in person youth services. Need to obtain up-to-date desktop computers for staff to utilize at office, in addition, to purchase other technologies. ODY is providing “Virtual Youth Services”, so we need to stay up to par with technologies to provide services through Zoom, Facebook Live, Goggle Classroom, Etc.

4. At the rate of 25% staff re-entry, there is still limited services as the office is still closed to the public and the youth and families. The agency is still short staff, but direct service staff are doing their best to carry out virtual activities. Also, the Navajo Nation government is still on limited services which makes it difficult at times to process or communicate with entities who make the needs of the agency limited, such as internet services sometimes are poor and fails to do its job to accommodate the staff when they do their virtual afterschool programming. Communication with school and chapters are limited because most school are on virtual status and some chapters do not respond to our collaborative efforts. Letters were written to school and chapters to offer our assistance as a collaborative effort. The utilization of internet services in the facility is not great and as well as utilizing the different programs between Microsoft Teams and Zoom. When utilized Team’s youth engagement decreased as to using Zoom where we get more youth to engage in activities, because parents seem to have a hard time with Microsoft Teams than Zoom. Therefore, agency is requesting to use Zoom for virtual programming because it works better and currently, the agency has been utilizing their personal Zoom account to implement virtual programming. Microsoft Teams has not been effective.

5. Tuba City – Major challenges involve not being able to work with youth on an in-person activity due to the Global Pandemic and adhering to the CDC and Navajo Nation Department of Health guidelines. Upon return from the Navajo Nation closure, Office of Diné Y.O.U.T.H. is currently in a no contact operations with virtual activities and programming with area schools and communities. The major challenge is the lack of adequate remote internet services for the youth of Western Navajo Agency.

OUTREACH AND COMMUNICATION

1919

2020

2121

2222

2323

Office of Dine School Improvement (ODSI)

MAJOR ACCOMPLISHMENTS

1. Completed the NN DODE response to the federal DOE peer review team on DSAP.

2. Completed work with 17 tribally controlled schools.

3. Completed work with the DODE School Safety Team Task Force.

4. Completed work with NN OPVP Mental Health Task Force.

5. Attended and participated in calls and discussion with the UCG, SDE, and NN OPVP.

6. Working with the DODE School Safety Task Force on collecting data on the COVID-19 impact on Parents.

7. Assisting with submission of COVID19 Needs assessment survey to Navajo public.

8. Provide training to teachers on virtual learning platforms.

2424 CHALLENGES

1. The major challenge is the sovereignty challenge by state public schools regarding schools reopening.

2. A second major challenge is uncertainty of school safety for schools reopening.

3. The third major challenge remains with student learning and spring assessments.

4. The fourth major challenge is ensuring teachers and school staff have been vaccinated.

5. Schools do not collect mental health data and information on students.

6. It's a challenged to get the Navajo public to respond and complete the survey.

7. Teachers are not readily being taught virtual learning platforms.

Navajo Head Start

MAJOR ACCOMPLISHMENTS

1. HATCH learning tablets for 600 Head Start-age children to continue with e-learning platform.

2. Identification of the TCU-HS Summer 2021 bootcamp for interested NHS parents and staff.

3. Successfully coordinated all NHS centers and offices during the COVID-19 pandemic and continued services and providing resources to our families.

4. Reporting to the Budget and Finance Committee and the Health, Education, and Human Services Committee of the Navajo Nation council on program operations and budget.

5. Issuance of the FY2021 Notice of Grant Award from the federal Office of Head Start.

6. Navajo Head Start provided virtual training opportunities for families that focused on Early Mathematics and Literacy monthly.

7. 95% of Families of enrolled children participated in the Family Outcome Survey to determine areas of additional support and use the data to develop a Parent Training Plan.

8. Several families received Care Packages from First Things First that consist of diapers, baby wipes, formula, snacks, and cleaning supplies.

2525 9. The Mental Health & Disability team continues to work with the teaching staff ensuring students identified as Special Needs continue to have their lesson plans individualized to meet goals written in their Individualized Education Plan.

10. The MHD team continue to collaborate with Local Education Agencies (LEA) to continue providing services to our Special Needs students and to be more responsive to the needs of our students.

11. Collaboration with Navajo Nation Office of Special Education (OSERS) through partnership assisting student and families. OSERS is assisting NHS students with a Mental Health consultant services through Navajo Project I-Launch.

12. NHS staff provide support for families that need housing through daily relationships with parents and children and referrals to the Navajo Housing Authority or other community organizations that will support our requests.

13. Identification of new Business Units for awarded supplemental grants.

14. Streamlining of services under the new guidance of the Director of Financial Services.

15. Additional funding streams available for NHS through submission of funding proposals by program.

16. The NHS School Readiness Team Realigned School Readiness Goals to include Navajo Language and Culture Standards. Navajo Language lessons were provided to students by Head Start Teachers via Zoom and Microsoft Teams.

17. Home Learning packets were provided to all enrolled children every Friday by curb-side distribution at local Head Start centers. NHS follows a Distant Learning Outline that algins topics from the Adeehonislzin Curriculum, to promote and foster Navajo Language. Lessons include Navajo Vocabulary related to the home environment, songs in Navajo, with knowledge of K’e and family

18. The Mid Year Orientation also presented “Making it Work” for NHS staff to work with lesson preparation and implementing topics of Distant Learning Outline. “Making it Work” presentation promotes language and culture for children to inculcate with NHS School Readiness Goals that are aligned with HSELOF. The “Planned Language Approach: Big 5 for All” is another presentation that primarily focused on strategies and Home language support. The strategies for teachers are to role model oral language development, print awareness, and emergent writing and target the home language of the child. The strategies also include scaffolding child’s language to increase expressive and receptive language, and experiment with print as a form of oral language as written.

2626 19. All NHS internal policies and procedures are under revision.

20. Collaboration with all Navajo Nation offices to complete the Office of Head Start Grant Application.

21. Collaboration with federal Office of Head Start.

CHALLENGES

1. Impact of COVID-19 pandemic on Center-Based and Home-Based services for Head Start and Early Head Start.

2. Immediate hiring of personnel based on Navajo Nation DPM, OOC, and OMB procedures.

3. Information Technology Infrastructure and Connectivity needs improvement and NHS was denied funds to address it through the program.

4. Slow Navajo Nation procurement process that stalls NHS payments and places blame on NHS from vendors.

5. Misleading directions from the Office of Management and Budget on the implementation of grant applications and awards.

6. To merge NHS and Senior Citizen centers there is the issue of separating utility and maintenance expenses as NHS federal funds are strict.

7. Volunteers to NHS have to pay for their own Tribal Background check, which may hinder the processing of their application and clearance to help in the centers or offices.

8. Lack of Internet Infrastructure for some communities and families impacted participation rates.

9. Working with some LEAs have been challenging such as several School Districts are working remotely which makes it harder to assist our students and families.

10. Not all LEAs use the same formatting tool to diagnose for developmental delay identification which contributes to delay in processing of referrals for children.

11. Grant opportunities are scarce and require two full Navajo Nation 164 reviews which impedes on the imposed grant deadlines.

2727 12. Availability of housing for NHS staff in proximity to NHS classrooms across the Navajo Nation.

13. High cost of housing for NHS teaching staff if they are to substitute or fill a vacancy in different community.

14. Additional funding needing to support housing for NHS staff.

15. Additional funds needed for construction of more NHS classrooms and buildings to attract more employees to the Navajo Nation.

16. Lack of funding for Chapters to renovate or purchase buildings for educational use.

17. Disposing of old property within old buildings, which requires a contract and additional funds.

18. Securing additional funds to address the rest of the parents and staff that want to improve their Diné speaking and cultural knowledge as well as provide innovative learning materials.

19. Families experience transportation issues which imped travel to distribution sites.

20. Lack of Internet Connectivity for families in several communities made it a challenge for students to participate in Zoom or Microsoft Team video calls.

21. Creating a housing plan for NHS staff without identified funds.

22. Construction funds needed for renovation of many NHS classrooms in buildings that do not belong to NHS.

23. Chapters need to spear head construction projects that their community members want/need as well as sign Intragovernmental Partnership Agreements (IPAs) for facility usage. Presentations have been made to impacted Chapters, yet Chapters are slow to sign and provide supporting documentation for the Navajo Nation's 164 review process.

Project # 1: DODE: Re-evaluate Title 10, Navajo Nation Education Code. NHS is working with Office of Head Start, Navajo Nation Department of Dine' Education programs, NHS Policy Council, Navajo Nation Board of Education, and tribal colleges & universities to brainstorm for improvements and partnerships on projects that involve Title 10.

Project # 2: Navajo Language Commission. NHS is working with other departments and programs to ensure the revitalization of the Dine' language among NHS students and strengthening of the Navajo Head Start Immersion Program. Program wants to hire Dine' Language & Culture Specialists

2828 to maintain the Immersion Program. NHS has secured additional funds to strengthen the Diné curriculum through a Navajo Language Consultant as well as partnered with Navajo Technology University to increase the numbers of Diné speaking staff and parents.

AdvancED Navajo Nation

1. Our office has successfully recruited approximately 35 new volunteers and lead evaluators for the Navajo Nation Reviews. These people will be trained and ready to serve on teams next year.

2. Our office is in the process of working with Pinon Community School to become the first Early Learning Accredited school on the Navajo Nation.

CHALLENGES

1. The major challenge we have faced is the need for schools to be responsive to the lead evaluators and to our office to prepare for their engagement review and increase the ownership of their school improvement and capacity of their school improvement team.

Office of Special Education & Rehabilitation Services

1. The OSERS Home Visiting program continued to retain and serve 191 families during this reporting period. Outreach efforts includes collaborating & participating in meetings with programs such as NN First Things First Early Childhood Coalition & Navajo Nation Early Childhood Collaborative. The program has been able to conduct sixty-eight developmental screenings this reporting period with families to monitor child development and hosted eighteen family group connection virtual that includes topics from Home Safety, Nutrition, COVID-19 prevention, Mental Health, Managing Finance, and Traditional stories/games. The home visiting for New Mexico (Tribal MIECHV) has initiated Early Language and Literacy CQIC (EL&L CQIC) that resume back in January of 2021 and the Tribal MIECHV team have completed two PDSA Cycles. The third PDSA cycle was completed on 3/15/21 and data was submitted to Samantha of Wellington on 3/16/21 who will submit the finalized PDSA to Julie Morales.

2929 2. Vocational Rehabilitation and Independent Living: NNOSERS submitted FY 2019 Annual Performance Report on January 20, 2021, to federal funding agency Rehabilitation Services Administration (RSA) under the U.S. Department of Education as an approved American Indian Vocational Rehabilitation Services Program.

NNOSERS is one of four tribal VR programs selected nation-wide by AVIRTTAC (American Indian Vocational Rehabilitation Training and Technical Assistance Center) located at Northern Arizona University to participate in a 9-month Employment Development and Placement training project to increase the number of successful employment outcomes in Indian country and to develop a specific employment development and placement strategy manual for use by all AVIRS programs. A total of 15 NNOSERS staff are participating (Program Manager, VR Program Supervisor, VR Counselors and Rehabilitation Service Technicians)

3. NM Early Intervention completed 58 evaluations/assessments leading to eligibility, received 28 referrals, completed 15 initial intakes, completed 30 IFSPs, and 22 transitions to Part B programs. NM EI supported children and families throughout the pandemic via phone/virtual video telehealth services.

4. Arizona Early Intervention Program: Growing in Beauty Program has been completing the initial intakes, evaluations, Individual Family Services Plan meeting (Initial, 6 Months and Annual) and transition through telephone and ZOOM with families. This will continue until further notice.

- Arizona Early Intervention continues to monitoring the Navajo Nation Growing in Beauty Program in the areas of 45 Days Timeline, Timely Services and Transition.

- Recent updates to ITEAMS (Infant-Toddler Electronic Administration Monitoring System): Service Delivery. Individual Family Services Plan. Updated ITEAMS Manual now available on AzEIP Website.

- Verification of the 2020 Child Data Count has been submitted to Arizona Early Intervention Program on March 10, 2021

5. Navajo Project I-LAUNCH major accomplishments within the 2nd quarter include growth and recognition of the Young Child Wellness Advisory Group (YCWAG) also known as the Navajo Nation Early Childhood Collaborative team (NNECC), continuation of the Navajo Nation Early Childhood Speaker Series, and initiating the implementation of the Pyramid Model framework. The NNECC team grew from 31 participants to 54 participants (and counting) consisting of early childhood stakeholders within Navajo Nation and surrounding areas extending outside the Nation to other parts of Arizona and New Mexico. The NNECC met weekly to collaborate and share program updates, resources, presentations of Early Childhood programs, and network. Secondly, the Navajo Nation Early Childhood Speaker Series continued to provide monthly public awareness surrounding early childhood in collaboration with First Things First Navajo Region. The topics included Parenting in the Time of COVID-19, Trauma-Informed Care, and Adverse Childhood Experiences (ACEs). The presenters included experts from Southwest Human Development, Navajo Nation Division of Behavioral & Mental Health Services, and Wingate FACE program. Collectively,

3030 there were 154 participants that benefited from one or more of these series. The planning committee for the Speaker Series reviews surveys completed by participants to continually improve and adapt based on the audience’s feedback. Lastly, I-LAUNCH started the first phase of the Pyramid Model framework, effective workforce. I-LAUNCH initiated 3 cohorts consisting of 40 participants from Navajo Nation Head Start Leadership Team, First Things First Navajo Region, Growing in Beauty Home Visiting Program, Growing in Beauty Early Intervention Program, and Association for Supportive Child Care.

CHALLENGES

1. The OSERS Home Visiting program continues to encounter the common challenges of internet connectivity throughout the communities for families and staff. Another important challenge includes delay of payment sent from the finance department. Materials & Supplies for program has been a long wait for process with the finance to approve it.

2. Vocational Rehab & IL Program: In terms of staffing, OSERS continues to advertise for one (1) Rehabilitation Service Technician position at the Kayenta Agency office. This position has not been filled for over two years. Navajo Nation employees are no longer on administrative leave; however, employees still need to adhere to capacity based on gating criteria. Currently, capacity is at 25% with staff working off rotational schedules for in- person and telecommuting at respective work sites. As for direct service delivery to consumers, staff are doing their best to keep in contact and support consumers on their caseload. Barriers include: 1) lack of internet or reliable service connectivity; 2) transportation; 3) consumers who were laid off still not able to return to work; 4) programs/offices still not allowing visitors due to capacity limitations; and 5) some consumers choosing to hold off on returning to school/training till Fall or Spring semester. Independent Living contractors are now able to complete outside ramp/deck projects with the exception of bathroom modifications inside the home.

3. NM Early Intervention completed 58 evaluations/assessments leading to eligibility, received 28 referrals, completed 15 initial intakes, completed 30 IFSPs, and 22 transitions to Part B programs. NM EI supported children and families throughout the pandemic via phone/virtual video telehealth services.

4. Az Early Intervention Program: The Tuba City office has a very slow internet and this really interferes with the work we do. Especially getting onto our AzEIP ITEAMS data system. Since the Pandemic, a lot of the referrals that we have received are closing due to "No Contact" with families. Before the pandemic we would go out to family’s homes and complete initial intakes with them. 5. NN Project ILAUNCH: The barriers continue to be the Shelter in Place Order and staffing. The Navajo Nation Shelter in Place order has limited the project’s ability to conduct direct services such as screening, referrals, and parent training. All meetings, trainings, and services were conducted virtually. Also, all staff worked remotely due to program’s building limited to 25% capacity. Lastly, the Community Involvement Specialist and Social Services Representative positions have been vacant the entire quarter. The program has not received

3131 any applications for these positions. Program Supervisor continues to advertise the open positions.

OUTREACH AND COMMUNICATION

3232

3333 Navajo Traditional Apprenticeship Program

1. Navajo Traditional Apprenticeship Project was established to revitalize Traditional Navajo Ceremonies, secure and assure ceremonies are available to generations to come. OSCAD continues to communicate with the participants via telephone, email, and at times in person meetings. Practitioners and apprentices have been very open and receptive to meetings for updates and information relating to the project and there has been a renewed interest in the project. OSCAD senior education specialist who coordinates the project continues to reach out to the communities to recruit eligible applicants. Currently there are 32 practitioners and apprentices participating.

2. The senior education specialist who oversees the project is very knowledgeable of the different Navajo traditional ceremonies and roles of practitioners and apprentices. She works closely with the practitioners and apprentices to ensure the project is meeting the goals and objectives per Form 2.

Office of Educational Research and Statistics

1. Successfully completed academic performance summary for remaining 6 grant schools for reauthorization 2021.

2. Completed Navajo Nation School Enrollment Report for 2020-2021.

3. Completed Navajo Nation 3 Year Trend Proficiency Report for Grant Schools.

4. Successfully completed 9 LEA Tribal Consultation for 2nd Quarter period for surrounding public schools in Arizona, New Mexico and Utah.

3434 Division of Human Resources

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

3535 MAJOR ACCOMPLISHMENTS

1. Conducted a virtual Division Director Address to all DHR personnel via Zoom.

2. Conducted Individual Department meetings with all DHR programs regarding current and future initiatives.

3. Conducted Individual Program Budget Overviews for all DHR programs regarding historical and current financial information with recommendations of fiscal management.

4. Provided an FY 21 2nd Quarter Update to the Health, Education, and Human Services Committee of the 24th Navajo Nation Council.

5. In support of the Department of Child Support Services, amendments to the Child Support Act were approved by the 24th Navajo Nation Council on January 28, 2021.

6. DHR Administration (Dr. Fowler & Rapheal Begay) participation in the Navajo Nation Mental Health Taskforce with an emphasis on the holistic well-being of Navajo Nation employees and communities.

7. The Staff Development & Training Department continues to provide virtual Sexual Harassment Awareness & Prevention training to Navajo Nation personnel, per Executive Order No. 04-2016.

8. Ongoing assistance and participation of the Veterans Housing initiatives with the Navajo Nation Veterans Administration.

9. The Navajo Office of Vital Records & ID continues to assist the Office of the Controller with the Navajo CARES Act Hardship Assistance Program with enrollment verifications for all Navajo citizens whom have submitted an application for assistance and are pending payment.

10. DHR Administration provided Individual Program Budget Overviews for all DHR programs regarding historical and current financial information with recommendations of fiscal management.

11. The Navajo Office of Vital Records successfully managed and expended CARES Act funds on behalf of the Division of Public Safety (PPE & special/hazard duty pay) and the Division of Social Services (COVID-19 Burial Assistance).

12. DHR Administration (Dr. Fowler & Rapheal Begay) developed a 2-minute recording scheduled to air the remainder of March and early April 2021 on KTNN/KWRK/KCAZ Radio. Communicated in both Navajo and English, the recording emphasized the acknowledgement of the COVID-19 pandemic and the process of reflection, healing, and embracing one's surroundings as a means of moving forward.

CHALLENGES

3636 The current situation of COVID-19 on the Navajo Nation has brought many challenges and our programs are providing limited services to our communities and customers. We use this challenge to improve and make great changes in our Division and programs for our Navajo Nation.

Project # 1: Continue to provide updates of the OPVP Division Assignment Tracking Sheet. Updates include Personnel Taskforce initiatives; Personnel Policies Manual revisions and review process; Division Qualification Assessment trainings; and submittal of Tribal Enrollment Report.

Project # 2: Continuous participation in weekly virtual OPVP Town Hall events in which Dr. Fowler assists with the communication of COVID-19 safety measures in both Navajo & English. Within FY 21 Second Quarter, Dr. Fowler has participated in a total of 22 OPVP Town Hall events.

OUTREACH AND COMMUNICATION

3737

3838

3939 Diné Uranium Remediation

Advisory Commission

SPRING COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

4040 MAJOR ACCOMPLISHMENTS

1. Commision Meeting. The Commission held its regular meeting on January 14, 2021 via Zoom. Report on the Northeast Church Rock Mine Site Cleanup History by Sara Jacobs, Remedial Project Manager and Laurie Williams, Site Attorney, U.S. Environmental Protection Agency, Region 9; Report on U. S. Nuclear Regulatory Commission’s Draft Environmental Impact Statement (DEIS) for the Disposal of Mine Waste at the United Nuclear Corporation Mill Site in McKinley County, NM, by Ms. Ashley Waldron, Environmental PM, Nuclear Regulatory Commission; Draft Resolution 008-21: Discussion and consideration for approval of the Draft Environmental Impact Statement for the Disposal of Mine Waste at the United Nuclear Corporation Mill Site review comments and transmit the comments to the Nuclear Regulatory Agency by Nona Baheshone, Uranium Commission Director, and Dr. Clifford Anderson, PhD, PE, RLS, Technical Adviser to Uranium Commission. and other business items were discussed. The director used her private Zoom account to hold the meeting because the Commission does not have a budget to pay for subscription for Zoom or other technology.

2. Commission Meeting. The Commission held its regular meeting on March 11, 2021 via Zoom. Presentation and discussion on Sanders School Water Contamination, Rio Puerco Contamination, and Down Wind Contamination from Nuclear Testing by Honorable Raymond Smith, Jr., 24th Navajo Nation Council, representing Klagetoh, Wide Ruins, Lupton, Nahata Dziil; Report on Sanders Groundwater Contamination by Commissioner Dr. Tommy Rock, PhD, representing Community At-Large; and approval of DURAC Resolution 008-21 to transmit DEIS review comment to NRC regarding NECR mine.

3. Technical Working Group. The work group met with the Technical Adviser to the Commission to work on the Waste Disposal Methods and Process for Potential Regional Respository Sites Study. Staff continued with research on the disposal methods and writing of the study. The work plan of the multi-agency work group is to complete the technical study and draft a policy on waste disposal methods, which will be submitted to the Commission for presentation at public hearings for public comment. The draft legislation will then be submitted to the President and Navajo Nation Council for their review and consideration. The Technical Working Group members include officials from NavajoAML, USEPA, Uranium Commission, USBIA, Navajo Land Dept., Navajo DOJ, and Navajo EPA.

CHALLENGES

1. The lack of an approved budget presents difficulties for operation for the Commission.

4141 2. Three Regional AUM Commissioners need to be appointed from Eastern AUM Region, North Central AUM Region and Southern AUM Region.

3. The Uranium Commission office also needs to be relocated in a more suitable and safe location.

4242 Division of Community Development

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

4343 MAJOR ACCOMPLISHMENTS

CAPITAL PROJECTS MANAGEMENT DEPARTMENT 1. On January 30, 2021, The Navajo Nation Council allocated $23,954,719.77 from the Sihasin Fund to the Division of Community Development to implement a Heavy Equipment expenditure plan for Legislation CJA-01-21. DCD assembled a team of seven staff members and temporary staff to coordinate the implementation of CJA-01-21. Together the team was responsible for coordinating with Administrative Service Centers (ASC) to assist the 110 Chapters with procurement of various categories of heavy equipment and vehicle purchases. The accounting team consisted of three staff members to complete the 6B rollout for three-hundred plus capital purchases. Heavy coor-dination among the Division of Community Development along with the Capital Projects Manage-ment Department, Administrative Service Center and vendors dedicated their time and resources in implementing and closing out each capital purchase.

Capital Projects Management Department (CPMD) coordinated with the Administrative Service Center (ASC) to complete Chapter Distribution to 110 Chapters, CPMD assigned two staff mem-bers in coordinating with daily operations from the Navajo Nation fairgrounds. CPMD staff mem-bers responsibilities included: 2. Delivery of PPE 3. Delivery of food 4. Delivery of water 5. Delivery of other essential items.

Assisted NN DALTCS with NM SB 207 -- 13 Senior Center Bond Questionnaires. Bond Question-naires are required before the State of New Mexico can sell bonds to provide the funds for the Senior Center projects.

Assisted NM Chapters and various NN Departments with Submitting Capital Outlay to NM legisla-tors and NM Governor in January and February. Assisted NM Chapters in submitting NM Tribal Infrastructure Fund Applications (March 8, 2021). Approximately 196 projects were sponsored for inclusion into the Capital Outlay Projects by the New Mexico legislators in the 2021 Regular Ses-sion for a total of $191,318,255 dollars. The New Mexico House passed HB 285 on March 16, 2021 and the New Mexico Senate passed it on March 19, 2021. New Mexico House Bill 285 covers 64 fund requests for 81 projects for a total of $15,040,200 and the bill is currently pending the New Mexico Governor’s review and signature. The New Mexico Senate passed HB 296 on March 17, 2021 and the New Mexico House concurred with the bill on March 19, 2021. New Mexico House Bill 296 covers 21 reauthorization projects and the bill is currently pending the New Mexico Governor’s review and signature.

On May 27, 2020, CPMD requested a time extension for the Sihasin projects. The deadline for Year 1 passed in November 2020. The Navajo Nation Council passed legislation # CJA-03-21 and the Navajo Nation Speaker signed it on February 8, 2021. President Nez signed the legislation on February 11, 2021. This resolution amends CAP-35-18 to extend the deadline and time-frame for the expenditure or encumbrance of project funds by twenty-four to forty-eight months and will authorize project changes to be administratively approved through duly adopted rules and regu-lations. The COVID-19 pandemic emergencies have impacted the progress of project coordina-tion, mobilizing materials and supplies and labor, construction schedule, and

4444 project close-out. Multiple chapters are still changing their Sihasin projects for various reasons. Each time- consuming change has to be approved by the Navajo Nation Council which causes delays in the imple- mentation of the projects.

MEETINGS

Reopening of the Navajo Nation has increased coordination efforts with other Navajo Nation depart-mental entities including external entities to begin an aggressive reopening plan, to ensure Capital Projects Management Department’s (CPMD) continuous efforts to implement Sihasin, New Mexico Capital Outlay, and Tribal Infrastructure Fund projects.

The Project Managers are diligently coordinating with chapters through teleconference meetings in reconnecting where each project has been idle due to the COVID-19 pandemic. Fieldwork has begun on bathroom additions, house wiring, and projects requiring site assessments. Due to the COVID-19 pandemic, CPMD continues to follow CDC health guidelines for reopening. CPMD continues to distribute Personal Protective Equipment (PPE) to staff members to mitigate the spread of COVID-19.

Capital Projects Management Department (CPMD) conducts weekly staff meetings through tele-conference on the Google Meet platform. Google Meet has been utilized as an excellent communication tool in updating the CPMD staff on Navajo Nation policies and procedures during the COVID-19 pandemic. Weekly action items are identified, tasks are assigned to essential staff members and COVID-19 updates provided from Navajo Nation Health Command Center. Hygienic practices and PPE are encouraged to combat and mitigate the COVID-19 virus.

Crownpoint Wellness Center weekly teleconference coordination to complete the project close-out procedures are being conducted by CPMD Project Managers.

89-20 NTUA modification teleconference meetings provide updates and coordination for contract modification for CARES Act funding allocation. Projects discussed include: solar projects, capacity projects, and electric projects. NTUA reverted 32 million dollars back to the Navajo Nation for projects which did not meet the November 20, 2020 deadline.

March 12, NM HB 349 and SB 207 2020 Project kick off meeting.

March 23, 24, 25, 26, 31 and April 1 Sihasin CPMD Project meetings were held by Council Delegate District.

March 29, 30 and 31, ARPA Project Infrastructure Listing meetings.

WATER

Navajo Nation COVID-19 Water Access Coordination Group continued work during the first quarter with teleconferences conducted weekly on Tuesday. The WACG continued to support the 59 transitional water points, 37 non-profit entity water mission and 49 pre-existing watering points. IHS has continued to disburse 5-gallon water jugs to target families who do not have access to running water. IHS has a rotating team that rotates delivery of 5-gallon water jugs to chapters. Delivery of water jugs includes disinfectant pills. NECA is completing the construction of the water points. The Navajo Water Access Group is preparing the close-out report and the transfer of the Navajo Water Access Group to the local Navajo Nation government, DCD and Water Resources Department while keeping the consortium of organizations supporting the effort for future water needs in Navajo communities.

4545

Completed Project and Equipment Purchases: a. Rock Point Backhoe - Purchased with Sihasin Funds CJA-01-21 b. Tooh Haltsooi (Sheep Springs) Skid Steer Purchased with Sihasin Funds CJA-01-21 c. Cove Motor Grader - Purchased with Sihasin Funds CJA-01-21 Funds d. Cove Backhoe - Purchased with Sihasin Funds CJA-01-21 Funds e. Cove Skid Steer - Purchased with Sihasin Funds CJA-01-21 Funds f. Littlewater Backhoe - Purchased with Sihasin Funds CJA-01-21 g. Casamero Lake Backhoe - Purchased with Sihasin Funds CJA-01-21 h. Lake Valley Skid Steer purchased with Sihasin Funds CJA-01-21 i. Greasewood Springs Motor Grader - Purchased with Sihasin Funds CJA-01-21 Funds

(ICIP/ IGA’S):

Thirty-two (32) IGAs from NM HB 349 have been received in the amount of $13,813,312.16 and are being processed through the 164B Process. The IGAs have been executed by the NN President, and NM IAD pending review are at the Office of Contracts and Grants (OCG) and Department of Justice (DOJ) are reviewing the agreements.

Ten NM Tribal Infrastructure Fund projects with funding in the amount of $11,222,957.25. One completed the 164 review process and received a business unit number, five are in the 164 pro-cess and four are pending a scope of work.

CPMD has conducted a NM projects kickoff meeting on March 12, 2021, for NM chapters. The NM IAD and ALTSD Departments were invited to attend and to provide the administrative require-ments for the HB 349 and SB 207 projects. The meeting was successful and the department had Navajo Water Resources and Navajo DALTCS to participate in the discussions.

CPMD assisted/submitted six amended NM ICIPs in January for chapters that need to be revised to request for NM Capital Outlay funding.

B. ADMINISTRATIVE SERVICES CENTER DEPARTMENT 1. Chapter Distribution from CARES Funds – The Administrative Services Center (ASC) Department has completed the CARES Act Chapter Supply Distribution which started on December 28, 2020 and finished on March 31, 2021. The three-month long COVID-19 Emergency Response distribution operation lead by the Division of Community Development (DCD) has come to an end. 2. Overall Operation Numbers: • Over 380+ truckloads of goods received at the Navajo Nation Fairgrounds tent and Gamerco BIA warehouse • Over 9,060+ pallets of goods received from the National supply chain • Over 565+ truckloads of goods delivered to the chapters • Over 9,465+ pallets of goods delivered to all 110 chapters

At the end of the operation, extra supplies were sent to the 3 satellite chapters: Alamo, Tohajilee, and Ramah. ASC gained knowledge and experience in Emergency supply logistics planning, staging and points of distribution in logistics operations. Our ASC managers and key staff have been on duty since the start of the Navajo Nation government closer since March 16, 2020. One big take away and need identified by this Emergency Operation was the need for forklifts and delivery trucks to reach all 110 chapters across the Navajo Nation as well as warehouse storage for chapters. DCD and

4646 ASC intend on receiving more training and technical assistance in Emergency Management systems, response, and recovery for all 110 chapters.

Chapter Staff and Chapter Officials Orientations - Ongoing conflict resolution and mediation meetings via teleconferences with chapter staff and chapter officials. Chapter reform planning with amendments to the ASC plan of operation as well as with the Department of Justice Chapter Unit leader, Rodgerick Begay. Chapter Local Governance Act (LGA) history and presentations on chapter roles and responsibilities were provided through ongoing orientations to all 110 chapters including to newly elected chapter officials. ASC and Chapters continue to serve during pandemic - Weekly planning and coordination meeting with the Health Command Operations Center (HCOC) providing updates on chapter closure/expo- sures to the “Community Mitigation Team.” Discussions include HCOC public health officials, Dr. Jill Jim, and Navajo Nation Department of Health essential staff. Collaboration with the Department of Justice Chapter Unit to release guidelines to all 110 Navajo chapters for return to operations and chapter operations during the Public Health Orders. A 22- page document to guide chapter staff and officials was released with feedback from HCOC. Chapter Return to Operations - Provided technical assistance and training to all 110 chapters for monthly chapter planning meetings and chapter regular meetings. Coordinated and lead weekly ASC teleconference meetings with chapter staff and chapter officials to provide updates and assist the chapters to return to full operation safely. Participated in Agency Council teleconferences and provided reports and answered questions. ASC staff continue with essential duty - ASC assured chapters are providing essential services to membership. We worked closely with chapter staff and officials in areas of budgeting, accounting, personnel, records, etc. We worked closely with chapters maintain accurate filing system for Special/Hazard Duty Pay and FEMA reimbursement. Provide guidance and interpretation of the OPVP/Health Orders & NN Council legislation passed. Help prepare the chapters for budgets for ap- proved Navajo Nation funds and continued to meet with the Office of the Auditor General to assist chapters in sanction or under corrective action plan. Sanction on Sawmill Chapter was lifted and cleared after 24-years.

C. COMMUNITY HOUSING AND INFRASTRUCTURE DEPARTMENT 1. Community Development Block Grant Program: a. FY-19/20 Dilkon Powerline Project: The CDBG Program received the Authority to Use Grant Funds on Feb. 19, 2021, but additional grant conditions need to be addressed before a full con-sent to utilize funds is approved.

b. FY-19/20 Tonalea Powerline Project: The CDBG Program received the Authority to Use Grant Funds on Feb. 19, 2021, but additional grant conditions need to be addressed before a full con-sent to utilize funds is approved.

4747 c. FY-19/20 Tselani/Cottonwood Powerline Project: The CDBG Program received the Authority to Use Grant Funds on Feb. 19, 2021, but additional grant conditions need to be addressed before a full consent to utilize funds is approved.

d. FY-16/18 Aneth powerline project: The CDBG Program completed the project and conducted a final inspection with NTUA on March 12, 2021 on (11) homes in the Aneth Chapter community.

e. FY-16/18 Kaibeto Powerline Project: The Subgrant Agreement was developed and is currently going through the 164-review process to receive President Nez signature to execute the Notice to Proceed for construction.

2. Home Improvement Program: a. FY-19 Kinlichee New Home Construction: HIP construction crew has been constructing a new 1- bedroom home in Kinlichee and is nearly complete. Construction at 94% complete.

b. FY-19 Greasewood Springs New Home Construction: HIP construction crew has been construct-ing a new 1-bedroom home in Greasewood Springs and is nearly complete. Construction at 82%complete.

c. FY-2020 funding business unit number was assigned by OMB to continue staff employment and begin planning on upcoming new home constructions.

d. Submission of NEPA paperwork to the Navajo Area Office for review and approval for (12) pro- posed homes

3. Community Housing & Infrastructure Department:

Many Farms Community School: BIA Subpart J contract has been signed by President Nez and CHID needs to develop the Navajo Nation budget forms and submit to OMB for processing.

Greyhills Academy High School: BIA Subpart J contract packet has been signed by President Nez and CHID needs to develop the Navajo Nation budget forms and submit to OMB for processing.

Field staff conducted (1) home assessment and developed a material list for a family in the Naschitti community.

Field staff conducted (1) home assessment and developed a material list for a family in the Fort Defiance community.

CHID assisted coordination and delivery of CARES ACT supplies to 110 Chapters. CHID trucks and flatbed used to transport water, PPE, food and sanitation supplies.

D. INFORMATION TECHNOLOGY 1. 45 chapters provided with IT technical assistance. Assistance includes website management assistance, WIND assistance, resolving computer hardware and software issues, resolving connectivity issues, resolving email and website login issues, and teleconferencing assistance.

4848 2. 3 DCD newsletters published (January. February, March) 3. Chapter trainings conducted: 4. Google meet - Google Office Hours assistance mini training sessions held on Tuesday and Thurs-days. 5. Training on New Chapter Websites – 4 sessions held in January 2021. Additional website trainings will be offered through the Office Hours sessions in subsequent quarters and recorded sessions from previous trainings are also available for chapters to review online. 6. Helped Cyber Team complete final draft of a Navajo Nation Broadband Plan upon direction from the Naabik’iyati Committee. The Plan has been presented to all four Council Committees and to most Executive Branch divisions. The Plan is expected to be presented to Naabik’iyati Committee and the Navajo Nation Council in 3rd quarter of FY 2021. 7. Completion of DCD and Chapter website upgrades to new content management system including training. New content uploaded to websites and existing content updated. Chapters not able to at-tend initial training sessions are being assisted on a case-by-case basis.

E. RURAL ADDRESSING PROGRAM 1. Conference call continued with IHS and David Harvey from Rockwell, Maryland ; Nava- [email protected] email address is being monitored ; when email messages come in from chapters or other entities, they are forwarded to other partners from IHS or federal offices such as BIA.

2. DCD prepared for reopening under the orange status ; some plexiglass were ordered and installed in the front lobby after a heavy glass was removed; bundles of ten cloth masks with ten gloves were made available to each DCD staff with refilling hand sanitizer bottles that were provided last year ; as a safety officer, DCD staff at Administration Building #2 who came to work were asked if they re- ceived the PDF of the reopening plan and other safety guidelines.

3. Assisted the truck drivers who are picking up forklifts from the big tent; they are calling to confirm their arrivals at the large tent to pick up rental equipment while PM2 staff and DSSI staff are on their way to the airport to head on out because they have completed their assignments in Window Rock.

4. Under the orange status of reopening, NNAA is still not seeing clients in person ; staff is continuing to instruct the public to go online to fill out PAV (physical address verification) requests and encouraging no contact service ; some are calling in and staff is accepting requests over the phone after the verification process ; a very few are mailed in ; In January, 102 documents were completed ; for February, it was 192 ; for mid-March, we are looking at 189 for a total of 473. 5. Conducted no-contact fieldwork along Highway US-491 in Sheep Springs Chapter service area for a water pump station; no-contact fieldwork was also conducted for BHP site 1580 where a physical address was requested for a 260-ft. self-support tower ; San Juan County rural addressing office was involved with establishing a physical address for Hemphill LLC; a physical address was also established for Navajo Hospitality Enterprise attorney who was seeking an address number for Navajo-land Inn & Suites in Saint Michaels.

CHALLENGES

4949 CAPITAL PROJECTS MANAGEMENT DEPARTMENT

Two Navajo Laws were waived by 23rd NN Council to approve Sihasin Legislation-35-18: 12 N.N.C. Section 1310 (F) - NN Bond Financing Act and [TCDCJY-77-99 - Capital Improvement Projects Guide-lines, and Procedures. This made implementing the projects challenging as some were not “shovel ready” or “construction ready”. Executive Orders. 001-20, 003-20, 004-20, 005-20, 006-20, 008-20, 010-20, 011-20, 012-20, 002- 21 and 003-21 due to COVID-19 has severely limited project activities including processing paperwork, contracts, fieldwork, and construction.

CPMD staff currently work with 30% work force in the office on a rotating schedule to adhere to Nav-ajo Nation COVID-19 Guidelines. The staff that are not scheduled to work in the office tele- work re-motely from home. Internet connections limit some of the staff effectiveness while teleworking. The contracting process is very complicated with multiple Navajo Nation Departments within the process which limited staff and services due to COVID-19.

ADMINISTRATIVE SERVICES CENTER DEPARTMENT

Procurement & Chapter Budgets - Need to streamline the Chapter Budget process to expedite payments because of the bureaucracy by OOC and Accounts Payable is causing some Chapters to be delayed with payments. FMIS Training needs to be reactivated by OOC so ASC staff can start the process.

Staffing & Vacancies – Delays with job vacancy announcements at Department of Personnel Management/Division of Human Resources. Chapters and ASC Offices need to fill positions to reduce burnout and to increase productivity.

Implementation of Legislations/Resolutions - Legislations that affect Chapters and chapter funds need an implementation team and designated lead person to develop an implementation plan for each Legislation/Resolution passed and/or signed by OPVP. There is confusion on who coordinates the implementation of new funds which leads to Chapters unable to process necessary requirements.

COVID safety & in person meetings - Employees continue to express concerns about risks getting the virus and variants in the workplace. Managing duties without having person-to-person meetings especially dealing with MIP system continues to be a challenge due to poor cell service and poor inter-net.

Storage and excess supplies – The supplies obtained from donations and the excess supply distribution need storage space including large pieces of equipment that the DCD/ASC now owns. These pieces of equipment are for Emergency Logistics operations for future emergency situations.

5050 Sup-plies and equipment are currently being stored at Gorman Hall. DCD needs a large Warehouse and storage unit for Emergency Response.

COMMUNITY HOUSING AND INFRASTRUCTURE DEPARTMENT

CDBG: a. Additional grant conditions need to be satisfied before Grantor can provide full approval to ex-pend funds to commence powerline construction for the FY-2019/2020 grant. b. Homeowners/Chapter delay in completing house wiring for Dilkon Chapter powerline project. Homeowners to receive electrical service by NTUA.

HIP: a. OOC unable to process/approve purchase requisitions for building materials and equipment to complete home construction. b. A delay in getting Biological Resources Compliance Form approved by NN Fish & Wildlife department for proposed (12) new home construction projects. c. Limited carpenters to construct and complete (2) homes, due to lack of funding under FY- 2019.

CHID: a. Purchasing department continued delay in the processing of service contracts for heavy equipment repair. b. Delay in hiring a Senior Office Specialist due to the OBI process. c. Delay in hiring Temporary Carpenter due to application assessment for qualification.

INFORMATION TECHNOLOGY

COVID-related lockdowns and shelter-at-home made it challenging to provide training to chapter staff. The online trainings did not get as much participation as in-person training usually gets.

Insufficient broadband on the Navajo Nation. The Internet service providers on the Navajo Nation do not provide services to all residents that meet the minimum FCC definition of broadband, 25 Mbps down and 3 Mbps up. The COVID pandemic brought this into stark focus where there were issues of connectivity for staff working from home. The Navajo Nation Cyber Team with their consultant, Magellan Advisors, have developed a Navajo Nation Broadband Plan that addresses all the broadband infrastructure needs at all 110 chapters, government, health, education and economic development needs for broadband. The Plan has strategies for future growth and sustainability for the Navajo Nation, increased competition, recurring revenues to the Navajo Nation, lower broad- band pricing and higher broadband speeds. The Plan could be funded through the new funding that Congress has appropriated recently to address COVID relief.

5151 The Navajo Nation invests less than 1% of its annual budget to IT. By comparison, the federal government invests 7% of the annual budget to IT and state universities are averaging about 5% of their budgets dedicated to IT. Private companies invest much more, around 20% of their operating budgets to IT. If the Navajo Nation makes IT more of a priority and provides additional funding to IT, the Navajo Nation will have a chance to start catching up to the rest of the country and the world in IT.

RURAL ADDRESSING PROGRAM

The IHS partnership conference calls revealed some concerns from Roselyn Tso (IHS Navajo Area Di-rector) that was beyond the water access team's control such as the access to safe water stations at the chapter houses since chapters were closed and not open for business for weeks at a time. NNAA staff got two weeks behind with providing PAV (physical address verification) requests be- cause when the public heard about the reopening of the government offices, there was a substantial increase in people lining up to acquire their proof-of-residency documents and NNAA did not have enough staff to keep up with the demand; NNAA needs additional funding for the growing needs of these document requests. Staff had to wait for scheduling fieldwork based on when IPO (insurance purpose only) was signed ; requesting parties kept calling and had to be reminded of Navajo Nation policies and procedures and CDC guidelines.

Project # 1: [Rural Addressing] CS-73-20: $27 million bulk distribution for chapters under the $90 million allocated from CARES Act; with team effort from Baker Tilly, DSSI, and PM2, bulk supplies were shipped to Navajo Nation for chapters to distribute Project # 2: [Rural Addressing] With CARES Act funding, DCD partnered with IHS from Rockwell, Mary-land and Navajo area office with other partners to establish over 107 safe water stations consisting of 56 transitional water points and 48 permanent water points and most are operated by NTUA.

OUTREACH AND COMMUNICATION

5252

5353

5454 Division of Economic Development

SPRING COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

5555 MAJOR ACCOMPLISHMENTS

Support Services Department 1. The major accomplishment the program faced was the implementation of back to work safety protocols for re-opening of the NN governmental offices (DED).

Project Development Department 1. Grant Agreements were prepared for Navajo Nation Enterprises per Navajo Council Resolution CF-10-21 for Navajo Nation Gaming Enterprise, Navajo Nation Shopping Center Inc., Navajo Nation Hospitality Enterprise, and Navajo Arts & Craft. The agreements are in the 164 Review process.

2. The EDA Grant Award for new CEDS is pending final award. Supplemental information was provided to the funding agency to complete the application.

3. Contract Modification with Arviso Construction to provide service contract on upkeep of Ganado Shopping Center is pending approval.

4. The Department is negotiating with a Construction Management at Risk Contractor who successfully responded to Request for Qualification with IDS+A Architect. The goal is to complete negotiation and begin the 164 Review process by March 31, 2021. The design of the Church Rock Phase II project is in progress. Bi-weekly meetings with the project participants and tenant are also in progress.

5. The proposed Solar Street Lights Project funding request for the Shiprock Industrial Park was approved by the NM Legislature for matching funds of $100,000. The funding request is pending approval by the Governor of NM.

6. The installation of cattle guard at the common driveway to Rhino Health/Business Incubator at Church Rock Industrial Park by iina ba’ INC. will be completed by July, 2021.

7. Native Partnership for Housing (NPH) continues construction activities within Karigan Estates through its wholly owned construction company, Clear Water Construction Partners, Inc. The twenty-seven (27) homes constructed by NPH have been sold and are occupied. Lots 87, 88, 89, 90, 93, 94, 95 and 96 remain cleared and grubbed for construction. The developer’s goal depending on weather and delays caused by the impact of the COVID-19 virus, is to deliver homes to clients within 8-10 months from start to finish. NPH has provided 732 jobs to date in implementing their development agreement with DED and currently two Navajo Subcontractors are on site.

8. The lease for Bashas’ grocery store at Nahatadziil Shopping Center is completed and will be presented to the Business Site Lease Approving Committee on April 5, 2021.

9. The AIA Contract with Medallion Hospitality for the Shonto Hotel is in the 164 Review process. The groundbreaking is scheduled for April 06, 2021.

5656 10. The contract with Change Labs of Tuba City for assessment of COVID-19 and impact on existing businesses was approved through the 164 Review process and kick-off meeting took place with project participants.

Navajo Tourism Department

1. PROJECTS:

1. ASU-New Mexico & Utah Visitor Impact Study: The MOA extension has finally been signed by the President and sent to Contract Accounting to be assigned a Contract #. This MOA was returned to Navajo Tourism for the project to proceed. At this time, only the preparation of the interview forms and questions will be prepared, until the Office of the President transitions to a safe status (Green) on re-opening the Navajo Nation to the public. Currently the Navajo Nation is on "orange status"

2. Shiprock Visitor Complex: the 7 acre site has been withdrawn on where the SV Complex is to be built. In the building of the Complex, the following will be addressed as it proceeds: 1) Land Designation - site clean-up and clearance by Navajo Engineering Construction Authority; 2) Phase One-Architectural Design by Dyson Murphy; 3) Environmental / Biological / Archeological Assessments and 4) Phase Two of the Architectural design, layout and geotechnical investigation.

3. The Architecture for this Contract is Dyson Murphy who has completed 50% of the SOW. Since the project has stalled due to the pandemic, we resubmitted to DOJ for a no cost extension. We continue to work with Community Development on this project along with the Shiprock Chapter.

4. The Dyron Murphy LLC Architect's conducted geotechnical borings and found that the soil was saturated with petroleum. We are now working with Navajo EPA to address this issue since they had given the report of "no further action" needed to be taken. We will be working with NNEPA to address this matter.

5. Camoron Community is partnering with the Chicago Southland Economic Development to develop a Master Strategic Plan funded by the USDA Rural Business Development Grant in the amount of $75K with the Navajo Tourism Office assisting with a cash match of $50,000.00 to complete the project. The MOA is now headed to DOJ for final revisions. The project began March 1, 2021 with the Cameron Chapter and other partners to assist the community with development of a plan.

6. Tooh Recreational Vehicle Park. Work on this project was stopped in the latter part of the last quarter and all of this quarter due to federal investigation when this site was used to grow hemp without obtaining the proper clearances. It's unclear when the project will continue.

7. Dinosaur Tracks has been picked up again for development. We have started talks with the Navajo Parks & Recreation Department on the plan to develop a restroom facility and parking. We will began working with vendors to ensure that they are a part of the plan.

8. Shiprock Pinnacle: NTD staff is still working with the communities of Cudii'ahi'toko'i,

5757 Shiprock, Red Valley Chapters and Navajo Parks & Recreation to get development resources.

9. NN Wide Design & Signage: Very important project, but no progress, since funds have to be secured.

Navajo tourism-Coordination/Collaboration among Navajo Nation Progams, Departments, Divisions & Enterprises:

During this quarter, NTD communicated with Finance frequently due to the high number of department invoices that had to be processed. These invoices were for promotional ADS that NTD continue to do during the pandemic to ensure that the Navajo Nation as a tourist destination be remembered by the public to visit when it's safe to do so.

Marketing through Various Media Outlets: Partnering with Arizona, New Mexico and Utah Office of Tourism. The Co-Op partnership with the Tourism Office from the three states continued through the Pandemic. The last AD co-oping with the Arizona Office of Tourism will be for May 2021. The next Arizona Co-op will begin in July 2021, where NTD will be invited to select publishers to work in designing ADs for promoting the Navajo Nation for another year. Both New Mexico and Utah Office of Tourism offered "recovery" initiatives funds to promote destination with their location. In collaboration with New Mexico True, the last promotional initiatives will be developed in late March 2021. The initiative is to video tap and take pictures of various points of interest in the New Mexico portion of the Navajo Nation. These productions will be shown on the New Mexico True Website of places of interest to visit. The final advertorial and photo for Utah Office of Tourism was completed last month. The promotional ADS will be shown on the KSL Communication in Utah. NTD us preparing for the Utah Co-Op to begin for the following year.

4. Discovernavajo.com Website: The discovernavajo website was inoperable for one month - the latter part of February & early part of March because the website was supposed to be converted to the new domain-WordPress. This website platform was converted to the new domain by RT Solutions, which hosted the old website domain. A training on how to work with WordPress was provided that will allow the staff to begin to build the website again.

Email Marketing: Email marketing was not operable for this quarter, since the discovernavajo website was disable. At issue with the website was that the hosting was no longer available because RTSolutions was converting to a new domain and software. The discovernavajo website has since been converted to the WordPress domain, so the emailing will begin again in late April 2021.

Search Engine Optimization (SEO): Under a grant from NM True, the SEO and media was audit and recommendations were made to improve on our current SEO. The recommend changes will be included into the website redesign to occur after April 2021

Social Media Accounts: Use of text and images to capture the public interest in visiting the Navajo Nation when its safe. INSTAGRAM: 3,491 Followers. 218 Posts. FACEBOOK: 6,622

5858 Followers. TWITTER: 1,389 Followers.

Business Regulatory Department

1. IDC Carryover inputted into FY21 Budget. 2. Exceeded 4 of 5 Established Goals Program Performance Criteria. 3. Selection of applicant for Department Manager position.

Real Estate Department 1. SR-03-178 – Arlenco, Incorporated. This is a modification to the Lease. Auto parts & general store located in Shiprock, NM. Compliance Review. 2. Slot Canyon Adventures a) Getting a clean copy of survey plat, i) Survey plat has writing on the inside of boundary and below the signature. b) Legal land description accurate represent the survey plat. GIS Review. 3. SR-03-179 – Arlenco, Incorporated. This is a modification to the Lease. Laundromat located in Shiprock, NM. Compliance Review 4. Ancient Wayves River and Hiking Adventures, LLC, P.O. Box 943, Montezuma Creek, UT 84534. Environmental Review. 5. Dream Diné Charter School Business Site, P.O. Box 4386, Shiprock, NM 87420. Environmental Review

Small Business Development Department 1. The Small Business Development Department and all Programs have met their performance goals. 2. Administered a Professional Engineering Services Contract with Westland Resources, Inc. to generate construction documents for the site infrastructure for the Montezuma Creek 25 acres commercial site. A contract modification to extend the contract time is currently being routed thru the Section 164 Review Process. 3. Administered a Professional Engineering Services Contract with iina ba, inc. for contract administration services for site work and site infrastructure work for the Indian Wells 10 acres commercial site. 4. Administered an infrastructure construction contract, awarded to Arviso Construction, Inc., for the Indian Wells Commercial Development site. Currently, the project engineer is working with the contractor to resolve some issues regarding work that may not have been done in accordance with the plans and specifications. 5. Administered a Professional Engineering Services contract with Ritoch-Powell & Associates to prepare a site plan and infrastructure construction plans for 7.3 acres of land in Tse Bonito, NM. A contract modification to extend the contract time is currently being routed thru the Section 164 Review Process. 6. Administered a Professional Engineering Services contract with Ritoch-Powell & Associates to prepare a site plan and infrastructure construction plans for 22.6 acres of land in Tuba City, AZ. A contract modification to extend the contract time is currently being routed thru the Section 164 Review Process. 7. The Department is in the process of awarding a contract to Whiteriver Construction, Inc. for asbestos abatement and demolition/cleanup work at 7 business sites at various locations

5959 on the Navajo Nation. The proposed contract is currently under review by the Contractor. 8. The Department is currently working with the site developer in procuring a contractor for infrastructure work for the TC8 multi-purpose development in Tuba City, AZ.

Performance Criteria / Accomplishments: Number of Work Shops and/or trainings completed: 14 Number of business site lease transactions/land withdrawals/land use agreements 14 completed:

Number of clients assisted with their completed business plans: 19

Number of clients identified and applied for additional non-Navajo funding resources: 13

Number of jobs created: 43

Chinle Regional Business Development Office: 1. Indian Wells Commercial Site Development—with the assistance of Marlene Hoskie from the Navajo Nation Community Development, Chinle RBDO obtained $200,000 from the Sihasin Fund for further infrastructure development 2. Chinle RBDO staff provided two virtual trainings on CARES Act Fund-Expenditure Report to close out recipients grant funding, date February 19 and February 26. Both sessions had over 20 participants and many followed up with phone calls. 3. Dissemination of information to all businesses and their owners regarding the Re-opening of Navajo Nation Businesses. This includes guideline checklist and its associated information and forms starting March 15, 2021 per Public Health Order No. 2021-0005. 4. Navajo Nation Oil & Gas dba Blue Gap Store—survey issues resolved with new surveys, resubmit to Real Estate Department to complete novation transaction, recordation, and distribution of lease. 5. Compile and submit document requesting for Environmental Summary document to the Environmental Specialist at the Real Estate Department on February 26, 2021 to be used for a proposed new business site lease. All prior environmental clearance documents attached for the recycled Environmental Summary document. Signed document is pending. 6. Compile and submit request for Consultation for Environmental Summary Document on February 18, 2021 to the three Navajo Nation departments: Fish & Wildlife, Historic Preservation, and Navajo Environmental Protection Agency. They are given 20 days for response. Document is for a new business site lease proposal. 7. Reviewed the default status of a lease in Chinle, Arizona which remains undeveloped and other issues. Compiled Lease Summary and request to terminate was submitted to Compliance Officer at the Real Estate Department on January 28, 2021. 8. Prepared one Emergency Operating Permit for a business in Chinle and waiting on one procurement clearance document for submittal.

Eastern Regional Business Development Office: 1. Pueblo Pintado Convenience Store – The RBDO Team was able to acquire a Tenant for the

6060 site operation of a convenient store, upgrading and installing of fueling station, job fair, and installing propane services. The tenant will be getting an Emergency Operating Agreement for 12 months and establish a permanent lease of the location. 2. Re-engaged in discussion with Chapter communities in Eastern RBDO region, to discuss Economic Development in potential viable communities. Draft a Request for Proposal to conduct Market and Economic Feasibility studies for seven Chapter communities as follows: Baca/Prewitt, Iyanbito, Thoreau, Church Rock, Rock Springs, Tsayatoh, and . Awaiting Budget Transfer approval for Advertising funds to be replenished. 3. Opportunity Zone communities, re-ignited discussions with DED Executive Office personnel regarding Opportunity Zones communities to start talk for grants for development of viable communities i.e., Counselor and Rock Springs Chapters currently. 4. Collaboration with Eastern Navajo Land Commission Board and Office to acquire more information on development of Counselor Commercial 300 acres site and Gallup Eastside 80 acres site. Understanding the intent for usage upon land acquisition by Eastern Land Commission, Navajo Nation Land Department was in on dialogue, good communication and will continue to discuss with representatives of the Eastern Land Commissioners. 5. The Eastern RBDO has been in discussions to better the collaboration and accountability system with the DED Executive to address the Corrective Action Plan of the Business Individual Development Fund which has been on halt for years, hindering potential business clients the opportunity to get a Micro or Small Business Loans. Our Office is appreciative of the Division Director and DED Team in working to address the deficiencies that was noted in the Audit Finding report.

Fort Defiance Regional Business Development Office: 1. Conducted four (4) Chapters outreach through Zoom and telephone conferences. 2. Issued one (1) Extension of Emergency Operating Agreement due business impacted by COVID-19 Pandemic. 3. Issued one (1) Extension of Revocable Use Permit due to business impacted by COVID-19 Pandemic. 4. Conducted (2) business training through Zoom. 5. Business Site (1) Cleanup provided by Navajo Sanitation, Inc. removal and disposal of used tires. 6. Three staff completed training on Sexual Harassment via Zoom. 7. Created ten (10) jobs. Shiprock Regional Business Development Office: 1 Workshops/Trainings Conducted: 13 sessions 2. Business Site Lease Transactions: 9 3. Assisted clients with Business Plans/Certifications/Corporation applications: 2 4. Referrals of clients: 3 5. Job Creation/Retention: 20

Western Regional Business Development Office: 1. Processed five two (2) business site leases and got them approved by Division of Economic

6161 Development Business Site Lease Approving Committee. Processed 2 Emergency Operating Agreement and 1 Revocable Use Permit for businesses to continue operating. 2. Conducted 2 Trainings for individuals that are interested in starting a small business. The titled of the training are "Understanding Your Cashflow and Quickbook Data Entry" and Business Record Keeping & Introduction to Quickbooks". We had an average of 25 attendence to each of the trainings. 3. Eighteen (18) jobs were retain from the approval of the Emergency Operating Agreements and a Revocable Use Permit.

CHALLENGES

Support Services Department 1. Implementation of the BIDF audit Correction Action Plan. Proposed revision of the Guidelines for the Micro-Enterprise Loan, Small Business Loan and Investment Guidelines and development of the BIDF Records Management Policy. 2. Implementation of the PCard audit Correction Action Plan. Setting up virtual trainings and internal revidw of operational expenses. 3. Continuing using obsolete Loan Ledger in processing BIDF monthly reports. 4. Funds availability to process DED Hazard pays.

Navajo Tourism Department 1. The pandemic has caused economic hardship on the Nation. The Navajo Nation is no different, as the revenues for Navajo Nation programs declined. NT Department will seek funds from the Nation's General Account to offset decline in revenues. 2. NT Department has to turn away outside visitor to the Navajo due to pandemic, lockdown and curfew who wanted to visit Navajo Nation outdoor points of interest within the last three months. They were directed to the Navajo Parks & Recreation and discovernavajo websites to learn when the Parks & Monuments would be re-opened. 3. Finance is not getting vendor payments in a timely manner. NT Department has been unable to get Finance to process payment to our publisher vendors. Eight accounts have been outstanding for five months & NTD still has not been able to get the payment processed since we were directed to use the FMIS to request for payments.

Business Regulatory Department 1. Lack of qualified applicants for Weights & Measures Inspectors positions. 2. Senior EDS in Acting Department Manager capacity limiting participation in meeting department goals.

Real Estate Department 1. Illegible Survey plats and legal land descriptions (blurry or blacked out). 2. Lease documents still being hand delivered. Need to utilize electronic transmission (emails) due to potential spreading of the Covid-19 virus.

Small Business Development Department: 1. Lost Administrative Review Packages (Contracts/Modifications/Leases), Permits and Agreements. During the pandemic and government shut-down,the department continued to

6262 work as essential employee status, however, processed documents were misplaced with the reviewing office, and they had to be repackaged.

Chinle Regional Business Development Office: a. Virus continue its effects on the Navajo Nation economy, developments and Programs. Office working hours are slowly but limited to client service. b. Internet resources and technological limitations to work remotely from home continues to be a challenge when schools and other offices join the online streaming and internet data usage. c. Providing virtual workshops and trainings has been challenging due to internet signals being spotty and computer equipment lacking proper communication technology. Clients lose signal and get kicked off the training and our computer system have technical issues where our microphone are choppy and unclear. This makes our sponsoring the trainings difficult and have to rely on other RBDO to interpret.

Eastern Regional Business Development Office: a. Eastern Regional Business Development Office Region extends out to Alamo, Tohajiilee, Ramah and southeastern portion of the Navajo Nation. The barrier to acquiring more Business Site Lease for businesses in Eastern Navajo, due to the checkerboard land status. High percentage of existing businesses have been in operation for decades on private property making developing another business in a small-town population more complex. The existing market is the driver of the town, making Eastern Navajo strategize more to be competitive, but would not want to deplete resources if a development will not be viable or make profit due to the time and investment of funds. b. Eastern advocates for more Navajo Entrepreneurs business friendly. The current laws need to be amendment with amendments that will assist Navajo Entrepreneurs with start up equity to be qualified to have Navajo Nation assist with development and mentor to be good business owners.

Ft. Defiance Regional Business Development Office: a. Communication/Services back to Clients/Chapters/Other Departments slightly hindered by COVID 19 Pandemic

Shiprock Regional Business Development Office: a. Procurement Clearances delays from Office of Tax Commission adversely impact business site lease transactions. b. DED Real Estate Department added bureaucratic layer of reviews prior to OP/VP executive signatory delay business site lease agreements. c. 2016 Navajo Land Department Land Withdrawal Designation Regulations an added bureaucratic layer NOT required for 2008 Navajo Nation Business Site Lease Regulations requirements delay business site lease agreements. Business Site Lease Regulations need to be updated.

Western Regional Business Development Office: a. Barriers to achieving program deliverables has been the limited working hours and limited services our program could deliver under the "Stay-at-Home" orders due to the Pandemic.

6363 b. Program had no reliable equipment to work from home, we don't have lap tops, portable printers or scanners.

A. Presidential or OPVP Assignment

If you were to share one of two major assignments from the OPVP, please describe below. The status of the project(s) will be reported each quarter going forward.

Navajo Tourism Department

Project #1: Sovereignty Day- Once a decision has been made on dates/time, NTD staff will determine how they can assist. Project #2: Food Sovereignty Policy & Activities-Once a decision has been made on dates/time, NTD staff will determine how they will assist.

Chinle Regional Business Development Office:

Project #1: Navajo Nation Business and Artisan’s Economic Relief Grant Program’s Post Financial Expenditure Report Project #2: Indian Wells Site Development, local government officials starting to move project. Project #3: Impacted chapters and their representatives continue to ask for updates on the Clean-Up Projects in regards to the Contract delay for business site demolition/cleanup on five sites.

Eastern Regional Business Development Office:

Project # 1: Crownpoint Hotel – All the planning and designing completed, awaiting the next by the recommendation of Office of the Controller and Department of Justice regarding Navajo Nation Financing the Crownpoint Hotel project. Many discussions have been taking place the past quarter regarding the business ventures request for business and meeting the demands of Hotel Operation, but the Team and Legislatures are staying optimistic on realization of this project initiative. Project # 2: Church Rock Convenience Store & Gas Station – The Church Rock Convenience Store project will be built parallel with the Crownpoint Convenience Store project. The Lessee is Thompson’s Acquisitions, LLC., for both projects, design & engineering are completed and are construction ready upon financing is finalized.

Western Regional Business Development Office:

Project # 1: Kerley Valley Commercial & Light Industrial Infrastructure Development- RPA, LLC has a contract to update all the engineering design for the 27 acres commercial & light industrial site. Project # 2: Western RBDO Office Building Project - Phase I Infrastructure development is 80% completed. AML had a contract with Iina ba, Inc. to development the infrastructure but the contract was closed out. The building pad and the access road were not built which was in the contract. The architectural design of 8,000 sq.ft. building is completed. This is a project ready project to build the office building.

6464 OUTREACH AND COMMUNICATION

Chinle Regional Business Development Office: Date: Number(s) Type of Activities & Outcome (MM/DD/YYYY Location: Event Name: Reached (Brief Summary) 01/21/21 Conference call Mtg with SBDD 5 Mtg to discuss Sales Tax funding projects from 2018.

01/23/21 Conference Call Indian Wells 7 Revise Sihasin Fund with NN Development, NN Community Development Community Development 02/02/21 Conference Call District 4 NN 3 Projects Update Council Delegate 03/01/21 Chinle RBDO Mtg with BIA 6 Mtg to discuss the survey plat issue for Charlotte Davis and Blue Gap Store, resolved with new Santianna Yazzie surveys and further discussion for resubmittal of proj. 03/09/21 Zoom Meeting Ama Doo Alchini 8 Site update-land withdrawal & with Chinle Bighan, Inc. development. ADABI & Chinle Chapter Chapter will research for records. 03/17/21 B & F Committee B & F/Sihasin 8 Indian Wells Commercial Site Conference Committee Fund Development—Update to $1.5M PTF Room—Window Report expenditures. Rock, AZ

03/18/21 Zoom meeting Info Mtg with DED, Mtg. to discuss business proposals for Chinle Chapter the Chinle Community and Business Officials, and Site Lease updates Chinle RBDO

Eastern Regional Business Development Office: Date: Location: Event Name: Number(s) Type of Activities & Outcome (MM/DD/YYYY) Reached: (Brief Summary) 02/19/2021 Conference Call - Eastern Land 24 Presentation of Land Virtual Commission Development in Eastern Presentation Navajo – Powerpoint Presentation

Ft. Defiance Regional Business Development Office: Date: Number(s) Type of Activities & Outcome (MM/DD/YYYY) Location: Event Name: Reached: (Brief Summary)

6565 Feb. 09, 2021 DED Small Business Participated in the VIRTUAL Guidance & Loan Event presented by Karen Allen Resources from SBA. Feb. 11, 2021 DED BSL Management Participated in the BSL Plan Amendment via Management Plan Amend Zoom Meeting session hosted by SRBDO. Feb. 18, 2021 DED Zoom Meeting with 6 Fort Defiance RBDO provided Ganado Chapter project updates on business sites in Ganado and Burnside. Feb. 24, 2021 DED Teleconference with 9 Teleconference was focused on Ganado Chapter the Hotel & Restaurant Project in Burnside, AZ. Feb. 24, 2021 DED BSL Management Participated in the BSL Plan Zoom Meeting Management Plan Amend session hosted by SRBDO. Feb. 24, 2021 DED Client Meeting with 1 Client provided a completed Laverne Schierholz. Business Plan. Consultation and information materials was provided. Mar. 01, 2021 DED Fort Defiance RBDO 14 Emailed letters to the serving serving area Chapters area Chapters (14) to continue via emails. providing technical assistance in planning any economic development projects via zoom meetings and teleconferences. Mar. 08, 2021 DED Revocable Use Permit 1 A new RUP was approved by Elbert Taylor DED/Executive Director for Elbert Taylor, dba, Taylor’s Affordable Towing LLC. Mar. 10, 2021 DED DED March 2021 23 Emailed DED March 2021 Virtual Training schedule to the Fort Defiance Schedule on “How to RBDO serving area Chapters (14) Register your and nine (9) individual clients. Business with Two Chapters and seven clients Business Regulatory confirmed attendance for the Department” March 24, 2021 training by Business Regulatory Department Mar. 15, 2021 DED Teleconference with 2 The Chapter requested for Jeddito Chapter project update on the Jeddito Commercial Site. The site was advertised in Feb. 2020. No response. The Fort Defiance RBDO will introduce the site to Craig Callaway, dba, Red Mesa Trading Company. Mar. 15, 2021 Ganado, AZ. Solid Waste 4 Navajo Sanitation, Inc. delivered Container Delivery one (1) solid waste container to begin the removal and disposal of the used tires (1,500) from

6666 the Former TY Automotive Business Site. Mar. 17, 2021 DED Sexual Harassment Three staff participated in the Training via training presented by Instructor teleconference. Lionel Patterson from the Staff Development & Training Department.

Western Regional Business Development Office: Date: Number(s) Type of Activities & Outcome (MM/DD/YYYY) Location: Event Name: Reached: (Brief Summary) 2/10/21 On-Line Business Record 26 Nibeeso Accounting Services Keepting & conducted the training for Introduction to individuals that needed Quickbooks assistance with business record keeping. 2/17/21 On-Line Understanding Your 23 Nibeeso Accounting Services Cashflow & conducted the training for Quickbooks Data individuals that needed Entry assistance with fincancial record keeping.

6767 Navajo Division of General Services

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

6868 MAJOR ACCOMPLISHMENTS

1. DGS-New Executive Division Director was hired and confirmed by the NN Council.

2. DGS-New Department Manager III has been hired for the Fleet Management Department.

3. DIT-Set up website GoLive for NN Washington Office, enhanced NDOH COVID-19 website, etc. Updated position for Director of I.T., Dell switch deployment to 5 remote sites, deployed 30% cortex SDR anti-virus for 3,500 devices, upgraded core functioning application servers, DIT building's fire alarm system received Certified by Navajo Nation Fire Department. DIT completed 90% of sexual harassment training.

4. NNTU-Telecommunication & Utilities with assistance from Infinity Communication Consultant, Inc. (E-Rate Consultant) and input from DCD, DODE & NNTRC applied for E- Rate funds for Funding Year 2020 for 90 Chapter libraries and 53 Head Start facilities. As a result, Navajo Nation Consortium (comprising DCD chapter libraries & DODE Head Start) was awarded $53 million for fiber optic installation. This installation will bring 100MB internet services to these sites to serve the educational needs of the community members via the Chapter Libraries and students via Head Start Facilities.

5. NNTU-Erate $50 million for fiber optics installation, secured a contract with three entities including NTUA wireless, SWC solutions and OSO internet total $50,307,379.41; developed and presented Navajo Nation broadband middle mile strategic plan, completed 177 work orders, 6 service requests, telecommunications addressed 1,051 requests, 71 wireless devices, submitted Erate funding FY 2021 for 20 chapter houses, libraries and 16 head start locations.

6. FMD-Provided decon services, provided safety barriers for departments, closed out work orders, hired an Account Maintenance Specialist, advertising (3) three positions, remain open during COVID-19.

7. AIR-The King Air C90 engine overhauls, hired a temporary Office Assistant to assist with operations. Will be advertising for three (3) positions.

8. FMD-The Professional Service between the Facilities Maintenance Department (FMD) and Southern Solution Environmental (SSE) contract was approved by the NN President to begin routine preventative and emergency decontamination services, pertaining to COVID-19 exposures in the work place, for all department/programs across the NN. FMD is also fabricating and modifying safety barriers for NN department/programs that are in operation and preparation for employees ready to return to work. FMD completed the winterization for all department and programs on the annual routine maintenance list. FMD continues to remain operational during this global pandemic with limited maintenance and custodial services to assist with emergency work orders, OPVP and HCOC, since March 2020.

6969

9. DGS-Support Division of General Services staff to remain safe during Covid-19 pandemic.

10. DGS-Encourage Division of General Services staff to receive both doses of the Covid-19 vaccine.

11. ISD-Implementation of COVID-19 vaccinations as a No Cost Share to member under the NN Employee Benefits Plan's health coverage in compliance with CARES Act and Families First Act.

12. DGS-Need additional resources to address Division of General Services' staff mental health. The pandemic has resulted in self-isolationism for many.

13. Coordinating with Employee Housing Program to secure quotes for three new trailers for the pilots to be hired with Navajo Air Transporation.

14. Processing budget reallocation for Records Management Department to receive funding to the end of the fiscal year ($124,350). The Executive Branch review is completed. Awaiting sponsorship of reallocation legislation. Sponsor will be Delegate Carl Roessel Slater. 15. nitiated partnership meeting with Arizona DOT/Navajo Transit to secure planning funding.

16. NTS-Program able to maintain funding amount from State and Federal Transit Agencies.

17. NTS-Recognized for Zero finding on Drugs and Alcohol Program Audit.

18. Completed preventive maintenance on 8 Radio Frequency Network sites that provide two- way radio communication to first responders. Sites were Shiprock Navajo Police Dispatch, Shiprock Navajo Police, Aneth Base Station, Shiprock Navajo Police DZ Dispatch, Crownpoint Navajo Police Dispatch, Dilkon Navajo Police Dispatch, Chinle Navajo Police Yale Point Repeater site, Chinle Navajo Police Dispatch and Window Rock Navajo Police Dispatch.

19. Upgrade two way communications radios at RF Sites for Chinle Navajo Police, Shiprock Navajo Police and Dilkon Navajo Police at various repeater sites which included: Yale Point repeater, Local base station, Little Black Spot repeater, Newberry Mesa repeater and Navajo Nation Repeater.

20. Continue to coordinate the reintegration of building occupancy of Administration Building One.

21. Coordinating with Insurance Services Department/Safety to conduct an additional air quality assessment.

7070

CHALLENGES

1. Some staff are having issues with adequate child care. 2. ISD-Timely processing of Disablility and LIfe Claims for COVID-19 exposure/quarantine and loss due to COVID-19 in accordance with qualification requirements under the NN Employee Benefit Plan. 3. Additional resources, educating and support the staff on mental health issues. 4. Need to hire a planner for Division of General Services. Long range plans needs to be developed for housing issues. 5. The Division of General Services must examine the distribution of general funds dollars. There needs to be a re-assessment of what we are charging for services. Each proprietary program should be charging enough so that the program is able to be self-sustaining. 6. The 164 Review Process by multiple programs. 7. Interpretation of Grant provision by OOC/OMB. 8. NNTU-Renewed two FCC License for RF Network sites and completed administrative update on 2 FCC Licenses.

Outreach and Communication

7171

7272 Navajo Division of Public Safety

SPRING COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

7373 MAJOR ACCOMPLISHMENTS

DEPARTMENT OF CORRECTIONS

a) Detention Services Adult: 11,665 adult individuals were served this quarter from across the six-adult detention/corrections districts. These individuals received basic hygiene, nutrition and were referred for assessment and intervention services from local resources. 2,465 hours of community services was completed which is required as part of each inmates’ court order. 33 individuals received counseling and there were no group sessions lead by faith-based organizations to address issues of alcohol and substance abuse: these group sessions were cancelled due to the Covid19 and the Shelter In Place Order.

b) Detention Services Juvenile: 42 youth were served this quarter from across two juvenile detention districts. Due to the Covid19 and the Shelter in Place there were no services provided in the juvenile detention facilities. Most the juveniles were released after their 48 hours of being detained.

c) Plans for a new Shiprock Judicial Public Safety Center: The NDOC continues to work with Parson’s Project Management in planning for a new Judicial Public Safety Center in Shiprock, New Mexico. The Shiprock Judicial Public Safety designs at 20% were completed and submitted to the Bureau of Indian (BIA), Office of Justice Services (OJS) and the Department of Safety and Risk Management and Construction (DSRMC). The department continues to work on plans with the project and have reached the 40% designs. BIA/OJS/DSRMC has not responded to the 20% designs, but the team will continue to push forward.

d) The New Mexico FEMA program reached out to NDOC in late February 2021 to offer a regular supply of PPE’s for the inmate population in the New Mexico portion of the Nation. On March 2, 2021, the NM FEMA provided 9 boxes of level one gowns, 2 boxes of level 2 gowns, 1 box of level 3 gowns, 1 box of small latex gloves, 1 box of medium size latex gloves, 2 boxes of large latex gloves, 2 boxes of Xlarge latex gloves and 1 box of face shields for each Shiprock and Crownpoint Corrections district. The NDOC is required to provide weekly inmate count in order to be eligible to receive these supplies. The NDOC stocked up on PPEs the past winter and also continue to receive a supply of PPEs from the Emergency Management Department when supplies are able.

e) GR-60-15-015 CAP: The NDOC submitted its last report in December 14, 2020 to the USDOJ and NNDOJ on the CAP that was approved by USDOJ in September 2017. Most of the audit issues have been addressed through detailed accounting, verifications through supporting documents requests for waivers and retroactive approvals, which are under review by the USDOJ, Office of Justice Services (OJS). In addition to the written report, on March 16, 2021 the square footage of the Tuba City and Kayenta Corrections facility for non-inmate housing areas was submitted to the NNDOJ Attorneys. Unfortunately, the required 65% usage for both facilities plummeted during the Covid19 closures. In the past couple of months NDOC has seen the numbers slowly going back up in these facilities. The Shiprock Adult Detention facility was closed at the end of March 2021

7474 and all new arrestees and sentenced inmates are being transported to either the Kayenta or the Crownpoint Corrections facility.

f) New Grant Applications: A proposal for funding was submitted under the USDOJ/CTAS grant opportunity to replace the detention security systems for the Kayenta Corrections facility. The proposed grant request is in the amount of $945,380 for the 54,445 sq. facility. NDOC is working on a re-entry proposal for the Tuba City Corrections facility. This is the second year applying for this grant.

3. CRIMINAL INVESTIGATIONS

a) The Department of Medical Examiners-NDCI hired an Administrative Service Officer (ASO) and is in the process of reviewing an applicant for the Medical Investigator position under the DME. This is another step towards the establishing of a Navajo Department of Medical Examiners for the Navajo Nation. b) Missing and Murdered Indigenous People (MMIP)-NDCI contributed to and provided recommendations towards a Tribal Response Plan for the Navajo Nation in response to the President of the United States’ Executive Order and Operation Lady Justice.

2. DEPARTMENT OF EMERGENCY MANAGEMENT

a) DEM has closed out three (3) legacy disaster with the Federal Emergency Management Agency (FEMA). b) DEM is featured in the AMBER ADVOCATE Issue 1 2021, AMBER ALERT in Indian Country for Safety First: the Navajo Nation finds success with its First independently Issued Amber Alert. c) DEM continues to assist in the recoveries of lost/missing persons, along with sending out Mass Notification Alerts of Missing Persons.

3. DEPARTMENT OF EMERGENCY MEDICAL SERVICE a) Secured Medical Director contract with the University of New Mexico b) Department Manager III position filled by Chris Kescoli, promoted from EMT Supervisor to Dept Mgr III c) Purchase of 11 new EMS Monitors/Defibrillators

4. FIRE AND RESCUE SERVICES

a) Continuing Education: EMS course still on schedule. In addition, Fire Leadership courses, Inspector courses, Instructor courses, Rescue courses and advanced wildland courses are being scheduled. Fire Academy to continue firefighter recruits. Update: b) BIDS Completed: 2 completed 1. New staff vehicles to be purchased for 2021 delivery 2. Window Rock fire station interior renovations have started c) RESPONSE

7575 1. Responded to the community of Chilchinbito (COVID 19) exposure. Delivered the mobile command post with 8 firefighters to disseminate daily living essentials to community members.

5. INTERNAL AFFAIRS

a) Department is operating independently from other departments; which is helping with stability and improvements with maintaining impartial administrative investigations. b) Although being understaffed, department is still working with NDPS and various programs. One new hire – filled vacant investigator position. c) In process of upgrading technology: new computers (will replace 12yr old laptops and desktops). d) Commissioned law Enforcement personnel is aiding Navajo police Department in time of need of manpower assistance.

6. NAVAJO POLICE DEPARTMENT

a) NPD Drug Enforcement Program was created: includes Navajo Police Canine and Drug Program. b) Continue to take a proactive role in combating DUI impaired drivers, speeders with aggressive traffic enforcement. c) Awarded conditional award to MTM Solutions for the 9-1-1 Consolidation Study that will identify recommendations for considering seven police dispatch into consolidated sites. Focused on personnel development, understanding of SOPs, increased quality assurance, consolidated budget support, increased staff available for calls of coverage of radio, phone and support. d) Awarded conditional award to Motorola Solutions for the geo diverse aggregation hardware and software to allow Frontier and Sacred Wind telecoms to exchange 9-1-1 calls to the NPD 9-1-1 Pilot site. e) Working with the Nahatadzil Chapter to establish a police sub-station in the community of Sanders, CHALLENGES

DEPARTMENT OF CORRECTIONS

a) The Shiprock Adult detention facility was closed permanently on March 19, 2021 after years of not being able to obtain a sanitation permit. There were a number of deficiencies that could not be addressed which included mold that was found in the boiler room, linear and lateral cracks in various areas of the facility, continuous heating, ventilation and cooling problems, rust of the plumbing system and more. The closure will impact the local police arrests and inability by NDOC to house arrestees locally. Some Inmates are for long term and require transport to the nearby detention facilities: 105 miles to Kayenta, Arizona and 115 miles to Crownpoint, New Mexico.

b) The Window Rock Public Safety building has also been recommended for closure since December 2017. Closure has not been executed due to lack of facilities for relocation of the Window Rock detention personnel and inmates. Division of Public Safety working group to

7676 develop plans to relocate services and staff to Ft. Defiance, Arizona. This plan includes costs, resolutions for land assignments and other important details. This plan is currently with the Law and Order Committee’s Legislative Attorney and has been there since January 2018.

c) Due to partial closures of the Shiprock (now closed) and Window Rock Detention facilities, which resulted in the constant transports to other detention districts on the Nation. There are additional needs for transport of these individuals for court hearings and medical appointments. The frequency of inmate movement, the staff is weary of the long travels and cost of over time has had a big impact on the NDOC.

d) The NDOC transport van mileages range from of inmates to other facilities has or is taking toll on the vehicles, high mileage wear and tear. The needs of courts at the last-minute issuing orders of release and transports to courts, to have subject in person.

e) The NDOC has lost 37 Corrections personnel; 32 Corrections Officer and 5 Corrections Sergeants starting in May 2020 to the date of this report. The ones resigning in May to about July 2020 were due to fear of contracting the virus and not wanting to spread to the families. Those who resigned starting August 2020 onward were related to non-payment of the Special Duty Pay and the Hazard Pay. All these personnel were BIA Certified Corrections Officers.

f) Corrections Officer Recruitment: A hold has been placed on advertising and recruitment for new Corrections Officers to fill the vacant positions across all districts. Currently there are 144 Corrections Officers; 93 assigned to the adult facilities and 51 to the juvenile facilities. The Navajo Nation closed the governmental operations on March 17, 2020 due to the Covid19 Pandemic and issued a policy to pay frontline personnel as special duty pay at time and half. The rate of paying personnel at time and half along with the already small budget has almost crippled the Department of Corrections. To date there is still a balance of $119,752 that has not been paid out to Corrections Officers for working during the first shut down. The second shut down started on November 16, 2020 through February 12, 2021, which NDOC incurred $529,630, which has not been paid out at all. This also includes the general wage adjustment that was approved by the NCC during their summer session. There are no funds within the department contract budget to pay any of this. Two Corrections Officers graduated from the Federal Indian Training Academy this quarter. There are nine corrections officer cadets who have been accepted to the academy, which starts on April 5, 2021.

2. DEPARTMENT OF CRIMINAL INVESTIGATIONS a) Overtime, autopsy & toxicology funds-NDCI is challenged with no funding in its overtime account. Unattended Deaths and Criminal Incidents constantly occurring on the Navajo Nation demand investigation at any given time from NDCI staff. NDCI has only been able to afford compensatory time for its staff working the overtime in responding to these demands. NDCI also accumulated autopsy & toxicology costs along with expenses on Personal Protective Equipments (PPE) that became essential for its personnel responding to the demands. This caused a major drain on NDCI funds. The Special Duty Pay and the Hazard Duty Pay implemented throughout the outbreak of the pandemic disease additionally impacted NDCI funds.

7777 b) Manpower-NDCI is challenged continuously with limited personnel and it prevents effectively investigating death/criminal activites. This also puts a lot of strain on NDCI personnel.

3. DEPARTMENT OF EMERGENCY MANAGEMENT

a) Funding, NDEM funding was cut and are unable to provide effective emergency management services to respond to COVID-19 pandemic issues. b) Staff and vehicles are a challenge to provide effective coverage for the Navajo Nation and the response to the pandemic and Humanitarian Aid efforts.

4. EMERGENCY MEDICAL SERVICES a) The Hazard Duty Pay submissions to Contract Accounting not being paid (new funding). b) Trainings for EMT’s and Paramedics c) OR’s submitted for purchases not processed in a timely manner.

5. FIRE AND RESCUE SERVICES a) Medical Supplies: the department has very limited to no medical supplies and viral decease protective equipment. Our only resource is Navajo EMS to help with supplies on day by day operations responding to COVID-19 pandemic. Although, some supplies were delivered form Apache County but the department didn’t receive any and other departments too most of the equipment. Update: The department received tremendous support from the public receiving donated PPE from the counties, chapters, vendors that we do business with. b) Finance, Purchasing, Human Resources, Payroll and Fleet Management process is too slow to react to daily and monthly operation request.

Update: Some financial request has been processed with numerous efforts being made. Example: We have to keep calling, emailed financial offices to remind of request. c) Business process needs to be streamline with less differing opinions about policies or if written procedures in place. Realizing that there are limited services due to COVID-19, the offices should adjust re-motely insure that remote workers are available.

6. INTERNAL AFFAIRS a) Budget: lack of software for records management program for case files. b) Technology: need for updated/upgrade computers. c) Due to COVID-19: Unable to conduct in-service training for first-line supervisors in dealing with complex administrative matters involving personnel. Unable to attend specialty training for administrative investigations.

7. NAVAJO POLICE DEPARTMENT a) The unilateral closure of the Shiprock Corrections program without reasonable notice has

7878 forced staff to exercise their discretion to arrest to a very unsafe point. Without a jail, staff have to make their arrest, process the arrest for medical clearance at the medical center and then transport to Crownpoint or Kayenta. Our I.H.S. partners are limited in their flexibility to expedite medical clearances so it is not uncommon for officers to wait for two or more hours for a single medical clearance. Once that is completed, the other police districts rarely have relay units available as they are addressing their district calls. The one- way travel time from Shiprock to the alternative booking site is 90 to 120 minutes. Corrections is not willing to book in the field, wait at the medical center with our arrested offenders or provide relays to the alternative booking sites as they claim they are not responsible for “new arrests” which have not been accepted by their program for holding. Officers and supervisors are now having to determine if officer safety outweighs an arrest and are utilizing release on personal recognizance forms, finding responsible parties to deposit the offender with if it is not a mandatory arrest by Navajo Nation Code, or utilizing alternative dispute resolution techniques to prevent officers from being restrained in the lengthy booking process that we are not presented with. Corrections refuses to allow NPD to use their transport vans. We were able to independently procure one van and placed into service on Friday and Saturday nights to alleviate the stress on the shifts by assigning one scarce officer to medical clearances and subsequent relays during peak times. In practical application, this only allows one relay for the shift to occur. It is imperative to find a short-term solution that changes Corrections currently inflexible view of their policy interpretations and their policies to allow them to assist in this effort. It is imperative to find a middle and long-term solution to booking and housing our arrested offenders locally or within a reasonable drive from the district.

b) Seven months has elapsed since a PCQ for a PSAP Supervisor position was submitted to DPM. A draft classification was returned on month seven and returned the day after. The position has yet to be classified. This position is critical to standing up the remaining supervisory component of the PSAP initiative, the recommendations for the PSAP consolidation, the execution of the PSAP procedures, adherence to the training curriculum and the deployment of staff in using the new equipment, software and applications to receive 9-1-1 calls and Phase 1 calls. Our ability to deploy is now dependent on getting this critical position advertised and filled.

c) Eastern Area Command has six vehicles at the body shop sitting with no active movement for repair. In total the units have been damaged or have mechanical issues and are grounded for a total of 26 months. This is an average of 4.3 months of downtime for each unit. There is one vehicle that has been listed as totaled and has not been replaced for eight months. All required documents have been submitted to General Services and Controllers for processing. Only comments for delay are related to COVID, delay in parts, limited staffing, et al.

1. CRIMINAL INVESTIGATIONS a) Project 1:

7979 Missing Persons Unit - The University of North Texas ceased managing the National Missing and Unidentified Persons System (NamUs) operation for this region. They no longer provide analytical or case support; victim services; system development; or new forensic services. Forensic services that included DNA typing, fingerprint examination, forensic adontology, and forensic anthropology. This is a set back for the Navajo Nation and the future of the Missing Persons Unit however, the CI department will continue to seek alternative methods in locating and identifying missing persons from the Navajo Nation.

2. EMERGENCY MEDICAL SERVICES a) Project #1: Interfacility Transport initiative to the Navajo Area Indian Health Service

3. NAVAJO POLICE DEPARTMENT

a) Police Officer visibility, and Community policing services 24/7 b) Check points in collaboration with COVID-19 / Enforcing Public Emergency Order(s) c) Assist when needed with humanitarian efforts throughout the reservation.

OUTREACH AND COMMUNICATION

8080

8181

8282

8383 Navajo Department of Health

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

8484 MAJOR ACCOMPLISHMENTS

1. During the Second Quarter reporting period, the Navajo Department of Health provided services totaling 82,853; related to prevention education and services for infants, children, adolescents, adults, and elderly citizens. These activities involve overall health education, COVID 19 prevention and vaccinations, nutritional education, diabetes prevention, and overall general information concerning health and wellness. In addition, the NDOH provided 473 mammography screening and patient screening for COVID 19 patients. Community training is also an important part of what NDOH does in promoting healthy lifestyles, this quarter 464,008 people were reached primarily via social media to provide training and education relevant to mental health, physical activities, drug and alcohol prevention, infection prevention, and nutrition/cooking. Also there were 451 staff training in different categories of professional development.

Moreover, NDOH program provided community outreach activities to 46,494 people across the Navajo Nation, this includes the reporting of demographics of COVID 19 (morbidity, mortality, recovering cases, number of services provided, etc). Finally, due to the pandemic, programs have utilized innovative methods to continue to reach out to the Navajo Nation locally and around the country using social media and virtual means such as Zoom. A total of 52,851 people were reached using social media to provide health related topics as a way of teaching on mental health and cultural significance, childhood health, coping with stress, suicide prevention, and COVID 19 updates.

2. The Health Command Operations Center has continued to operate between 5-7 days weekly this quarter. As of March 31, 2021, there was 1,309 cases reported through the HCOC portal, 238,085 vaccine distributed, 210,750 vaccines administered and 88,891 persons are fully vaccinated, and operational at "orange status" of the reopening plan with a safer at home order. On March 31, 2021, there were 30095 total confirmed cases, 254374 total tests completed, 16398 total recovered, 1247 total confirmed deaths, and 204896 negative tests. This quarter service delivery programs (i.e. CHR-Outreach, Navajo Health Education, Navajo Public Health Nursing, Navajo Special Diabetes, and others) have provided support at locations where Navajo Nation vaccinations were administered to people across the Navajo Nation. Seven Public Health Emergency Orders in 2021 were issued up to March 31, 2021.

3. The Navajo Department of Health has begun to actively develop and eventually implement the "Re-Opening Plan" to protect the health and safety of all staff, clients, and the general public who seek information and services. The NDOH Executive Director recently designated a Safety Officer who has received training, this individual will work with all NDOH Programs to fully implement the "Re-Opening Plan" to ensure the safety of all employees, clients, and the general public. Under HCOC, all divisions of the executive branch established a safety officer and monitors to ensure safety guidelines are followed. Safety training was provided to division safety officers in March 2021.

4. The Navajo Uranium Workers Program along with the NDOH Administration and the Navajo Nation Washington Office is working with the Office of the President and Vice President to

8585 address the need for support of the Radiation Exposure Compensation Act (RECA) Amendment.

5. The Navajo Special Diabetes Program received a grant award for FY2021 in the amount of $3.2 million which is half of the year's average for operational expenses. The remaining half will be awarded later. In addition, the Navajo WIC program received $187,400 from USDA to be used to renovate clinics to enhance client accessibility. Regarding construction of health care facilities on the Navajo Nation, the Dilkon Health Center is progressing and is projected to completed in December 2021.

6. The Division of Behavioral and Mental Health Services (DBMHS) Traditional Practioners completed fifteen (15) traditional and cultural presentations in both the Navajo and English. A total of 153,320 individuals reviewed the presentation along with 13,916 engagement reached.

7. DBMHS, through the Substance Abuse and Suicide Prevention Program (SASPP), provided a Spring Navajo Wellness Model training on March 22-26, 2021. This concluded a 12-week training with an average of 11 participants per session. In addition, DBMHS conducted a variety of social outreach presentations on healthy relationships, teen dating violence, and strengthening relations. A total of 9 presentation swere conducted on the DBMHS Facebook Page with 51,757 people reached and 4,316 users engaged.

8. The Navajo Environmental Health & Protection Program issued two (2) sanitation permits to Foster homes within the Gallup Service Unit.

9. In collaboration with the Office of the President and Vice President (OPVP), DBMHS conducted two "Hozho Mondays" on March 15, 2021 and March 22, 2021. The next session is scheduled for March 29, 2021. The purpose of these sessions are to focus on Caring for the Mind, Positive Thinking and resilience. The first session "Caring for the Mind" reached 3,381 individuals, and engaged 103 users. The second session - "Positive Thinking" reached 6,946 individuals, and engaged 488 users.

10. BMHS continues outreach presentations with three (3) presentations on "Being Resilient and Coping with Stress" with 78 participants. In addition, one (1) presentation was conducted on "Question, Persuade, Refer" (QPR) training with 8 participants.

11. DBMHS continues to respond to Crisis Response Team calls telephonically between January 01, 2021 to March 31, 2021 . A total of ninety-nine (99) calls were received in the following service delivery areas: Crownpoint (12); Dilkon (01); Fort Defiance (54); Gallup (05); Kaibeto (02); Kayenta (03); Red Mesa (06); Shiprock (13); and Tuba City (03).

8686 12. The Navajo Environmental Health & Protection Program inspected eighteen (18) retail food stores/resturants/cafes/food warehouses/meat markets/bakeries/Bars of restroom requirements and enforcement, and ADA assessments.

13. The Navajo Environmental Health & Protection Progam has been collaborating with the Navajo Area OEHE to assist in the Environmental Health & Safety perspective on the Navajo Nation reopening plan. The issuance of permits have been growing rapidly to meet the demand need.

14. The Division of Aging and Long-Term Care Services (DALTCS) is seeking to acquire training from OOC and OMB concerning the diversification of funding specifically for P.L. 93-638. Work sessions will be planned.

15. Most the managers received training as the FMIS approver. The executive office and new managers are working towards getting certified in FMIS.

16. The Navajo Uranium Workers Program (NUWP) assisted eight (08) RECA clients with paid compensation in the total amount of $612,500 from the period of January 2021 through March 2021. Each RECA compensation varied based on the compensation awarded.On March 24, 2021, President Jonathan Nez testified before the House Judiciary Committee regarding the extension of the Radiation Exposure Compensation Act. The NUWP provided technical advice to the congressional testimony and a virtual meeting was held with the Navajo Uranium Radiation Victims Committee in order to provide insight to the testimony.

17. DALTCS: Government Affairs & Policy: Arizona and New Mexico T-3, T-6 Funds, 3rd Party Rate negotiations, elder services appropriation is pending.

18. The Navajo Community Representative Program provided technical support to the IHS Headquarters with a Navajo Nation Safe Water Access Project. The intent is to identify Chapter members who do not have a running water system and may be eligible to receive (1) free 5-gallon water container. This effort is related to the COVID-19 response.

19. The Navajo Food Distribution Program (NFDP) began addressing several warehouse renovations. These efforts are being collaborated with the Division of Community Development.

20. The Navajo Environmental Health & Protection Program has conducted one (1) plan review for the Crownpoint Youth Complex. This effort is being collaborated with the NAIHS OEHE to maintain partnership for site/facility orientation.

21. DBMHS conducted via ZOOM several presentations on Suicide Prevention, Traditional, Faith-Based, and Mental Health awareness to the public.

8787

22. DBMHS was tasked to coordinate with the Navajo Nation Mental Health Taskforce and the Office of the President and Vice-President to conduct Hozho Mondays on the DBMHS Facebook page . These session occurred on 3/15/2021, 3/22/2021, 3/29/21 and 4/5/2021.

23. The CHR Program assisted with COVID-19 Vaccination clinics held throughout the Navajo Nation by the IHS and '638' healthcare facilities. The CHR Program staff served as runners, interpreters, monitors, traffic directors. The CHRs also worked on the weekends to assist with the vaccination clinics. 5 of 6 service units (2 service unit did not report) reported over 67% of high-risk patients vaccinated.

24. The Navajo Health Education Program has internally recognized 9 staff members as Front Line Heroes for their dedicated service during the COVID 19 Pandemic.The employees are: Cheryl Cook from Tuba City Service Area; Todd Jones from Kayenta Service Area; Julian Cohoe from Shiprock Service Area; Elijah A. Begay from Tuba City Service Area; Fannie Jackson from Fort Defiance Service Area; Velarie Benally from Chinle Service Area; Melissa Benally from Tuba City; Lanea Desiderio Jim and Megan Yazzie from Gallup Service Area.

25. The Health Command Operations Center continues to respond to the public health emergency regarding COVID-19. The isolation and quarantine services closed early-March. PAE and AMI successfully provided services to the Navajo people. There operated 147 days, and had a total of 703 patients serviced with an average stay of 7.2 days. There were 5,202 mobile tests completed and over 5,067 days of care provided in 87 communities. They answered 1,215 calls to the call center. A total of 124 patient satisfaction surveys were completed. 269 out 703 referrals (38%) for isolation/quarantine/ACS were from Chinle Service Unit, 49% of the referrals were male, 290 of the patients (41%) stayed in Chinle for solation/quarantine/ACS,and 1,283 of the 5,202 COVID 19 testings (25%) was conducted in Shiprock.

CHALLENGES

1. The pandemic has hindered delivery of direct services for cancer screening, WIC client face- to-face interviews, service delivery for behavioral and mental health, one-on-one health education, and other services. With the "Re-Opening Plan" to go into effect soon; there will be improvements in the provision of services to clients.

2. NDOH programs continue to experience challenges with recruiting for staff positions, one of the key barriers is related to the lenghty and tedious background check process which forces potential employees to seek other employment.

8888 3. The HCOC central supply warehouses (near Nakai Hall and the Window Rock Wellness Center) is reported to have limited space as increased numbers of deliveries are coming in periodically. The large number of supplies calls for seeking additional storage space.

4. Within recent years, the WIC client participation rate has been decreasing, During the COVID-19 Pandemic the WIC caseload decreased by 2,295 which has created a critical concern. WIC food benefits and services averts adverse health and nutritional outcomes, therefore NWIC in partnership with John Hopkins University are conducting research to determine what might be the causes of the decline and to provide recommendations on how to address the issue so that more clients can access or re-access services.

5. DBMHS encountered slow connectivity on the internet and outage at the sites which made it difficult to conduct these social outreach presentations.

6. DBMHS has found it difficult to conduct the Suicide Prevention training in a virtual setting. Many of the video and audio capabilities are limited and have been conducting group where IT capabilities are available.

7. QPR certified trainers have limited their training session to a number of participants due to the COVID-19 pandemic.

8. NDOH programs that had staff working during the COVID 19 Pandemic continue to report the need for special and hazard duty pay; however, the department has worked with OOC and OPVP regarding this concern and legislation was supported for those who did not receive payment. In the future, these policies should be assessed and qualifications for payment should be clear for those responding to the pandemic to avoid confusion and uncertainty.

9. The Navajo Environmental Health & Protection Program has been educating these establishments on the Navajo Nation Reopening status of Organge status to ensure written plans are complied with for private and public sectors.

10. The Navajo Environmental Health & Protection Program is short staffed for administrative and field support to meet the demands of vendors, businesses, and other consumers.

11. Due to the Pandemic and governmental shutdown, it has been a challenge to schedule a meeting with OCC and OMB to enter into discussions.

12. The NUWP is diligently working with RECA clients who have been first denied and encouraging them to re-activate their claim. To date, there are a limited amount of new enrollees despite the program providing media outreach at the local news outlets.RECA surviving children and widowers of deceased clients need to obtain a "Executor of the

8989 Estate." The challenge has been for the families to compensate a Law firm to represent them and obtain the necessary legal documents to be presented before the courts.

13. DALTCS: Currently, there are no plans for program to start 3rd party negotiations as there are no Medicaid/Medicare services to bill.

14. Certain Chapters remained closed or had limited services during the COVID-19 pandemic. The CHR staff encountered difficulty to coordinate this initiatie with Chapter officials. Therefore, community flyers have been developed to communicate the project to Chapter constituents.

15. NFDP was assigned a Project Specialist with DCD on our FDP warehouse projects, however, we were advised this staff person will be retiring and we have not been informed who will be assigned to carry on the project with FDP.

Project #1: State-Like Health Department – Implement the Plan of Operation. The department is assessing the organizational structure to ensure the plan of operation duties are implemented.

Project #2: Medicaid Agency: Due to the pandemic and staffing shortages the project is on hold. This is an unfunded mandate that will require additional funding and consultants.

OUTREACH AND COMMUNICATION

9090

9191

9292

9393

9494 Navajo Division of Social Services

SPRING COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

9595 MAJOR ACCOMPLISHMENTS

1. Three (3) separate P.L. 93-638 Contracts with the BIA were renewed for a 5-year term to begin on January 1, 2021 and to end on December 31, 2025, for the Department of Family Services (DFS), Navajo Family Assistance Services (NFAS) program, and Navajo Treatment Center for Children and their Families (NTCCF) program. The first year funding for Calendar Year 2021 in a combined total amount of $22,587,212.00 was received for the 3 Contracts.

2. New CARES Act and/or supplemental funding were received from the federal government, including from the Administration for Children and Families in the amount of $2,599,688 for LIHEAP, in the amount of $2,176,612 for Community Services Block Grant (CSBG), in the amount of $1,603,026 for Promoting Safe and Stable Families, and in the amount of $548,046 for Family Violence Prevention Services Act; from the IHS in the amount of $1,043,548 for NTCCF program; and from the BIA in the amount of $241,469 for Navajo Indian Child Welfare Act program. A combined total of $8,212,389 CARES Act and/or supplemental funding was received in the second quarter.

The American Rescue Plan Act of 2021 (ARPA) will provide new funding for the Department for Self-Reliance (DSR) to provide non-recurrent short-term benefits; Family Violence Prevention and Services to provide temporary housing, assistance, and supportive services to victims of family, domestic, and dating violence in response to the coronavirus public health emergency; and Low Income Household Water Assistance Program—this is a newly funded program by P.L. 116-260. Additionally, the Federal Emergency Management Agency (FEMA) through the ARPA provides COVID-19 funeral assistance for a maximum of $9,000 per funeral and a maximum of $35,500 per application per state, territory, or the District of Columbia. This is handled directly by FEMA.

3. A Memorandum of Agreement between the Navajo Nation/Division of Social Services and the Casey Family Programs was renewed. During the term of the MOA, the parties are to jointly identify, implement, and assess practices that meet the mutual goals, including furthering child welfare collaboration, collaboration strategies, and corresponding work efforts.

4. In preparation for reopening the child care centers, the Department of Child Care and Development (DCCD) received recommendations from Dr. Benjamin Simms, Pediatrician and Dr. Jeffrey Powell, Pediatrician both with the Indian Health Service on a draft Child Care Disaster Plan, an emergency response to mitigate COVID-19, to guide the re-opening with a phase-in approach. Four (4) policies were submitted to Navajo Department of Justice, including Handwashing Policy, Diaper Changing for Homebased Provider Policy, Safe Sleep Practice Policy, and Diaper Changing for DCCD and Tribal Operated Child Care Center Policy. These policies are part of the Child Care Disaster Plan and are pending legal sufficiency review with the Navajo Department of Justice.

5. The NTUA and Eaglesun Systems Products, Inc., a tribal database systems vendor, are coordinating and installing fiber optics for enhanced internet capabilities at four (4) DCCD offices and child care centers. The remaining DCCD offices and child care centers are

9696 scheduled within the third quarter. The internet connectivity and upgrade support program improvement.

6. The Division of Social Services operates six (6) departments and program funded by federal at 97%, state at 2%, and Navajo Nation General Fund at 1% budgets in a combined total of $457,866,482 that supports 588 employees, and directly serve over 6,500 children, adults, elderly individuals, and families on a monthly basis. All offices remain opened but closed to the general public for employee safety. This quarter, a total of 461 COVID-19 burial assistance requests were approved.

7. The child care centers operated directly by the Department of Child Care and Development (DCCD) remain closed; however, it provided subsidy payments for over 350 children who received care from 58 independent child care providers, or state licensed child care centers in bordertown areas. The regional case work offices are in operation communicating with customers and vendors by electronic mail, U.S. postal service mail, fax, and dropbox.

The Department of Family Services (DFS) received about 525 new reports of alleged child and elderly abuse for which field office staff members responded to priority one reports immediately. The foster care employees completed approximately 30 new foster home applications entailing 70 fingerprint background check, and five foster homes are pending licenses. The ALTCS provided case management services to about 1,473 members, which include 1,173 members were provided services in their homes, 256 members were in nursing homes, 41 members were in assisted living facilities, and 3 members were in acute care facilities. There were approximately 109 adults/elderly individuals served through DFS's contracted adult/nursing home facilities for an expenditure of $426,627.03. The Shiprock domestic violence shelter provided services to about 38 clients involving 702 bed nights this quarter.

The Navajo ICWA program averaged 432 active cases involving 831 children in 21 states. The highest case load are with the following states: Arizona with 232 cases involving 457 children, New Mexico with 102 cases involivng 195 children, Utah with 47 cases involving 106 children, California with 24 cases involivng 41 children, and Colorado with 21 cases involving 38 children. A total of 81 new referrals involivng 148 children were received. The new referrals are notices from state agencies informing Nation Nation that a possible Navajo child has been placed into state custody. The Navajo ICWA program social workers attended 333 court hearings and 344 meetings pertaining to open ICWA cases, conducted 24 home visits with children and families residing on the Navajo Nation. This quarter, 32 children were reunified with their biological parents, and 24 children were reunified with a relative with a plan of permanency of adoption or guardianship. A total of 14 cases were staffed by the Navajo Department of Justice.

8. The Department for Self Reliance (DSR) completed six (6) batch runs totaling $5,368,807 which served 2,197 customers in January, 2,566 customers in February, and 2,532 customers in March. Three (3) customers obtained permanent employment with the Dine' Bashas; 651 Community Organized Relief Effort (CORE) buckets were distributed to DSR families which included 360,000 disposable masks, 11,640 KN95 masks, and 651 fleece blankets; 1,348 DSR customers used the services provided by the DSR's Education and Career Services training instructors. Since the Nation's soft re-opening, the Employment

9797 Development Specialists held 84 recruitment sessions for customers that was attended by 99 DSR customers. All COVID-19 precautionary measures were adhered to during all training with customers. The DSR's is holding public hearings on its Tribal Family Assistance Plan (TFAP) virtually for the first time to collect public comments. The TFAP in draft and comment form is circulated among DSR customers, stakeholders, and the general public.

The Navajo Family Assistance Services (NFAS) program provided 198 General Assistance for $72,845, approved 497 regular BIA-funded burial assistance requests for $1,087,531; and provided 41 Community Services Block Grant assistance for a total of $20,814.

Two (2) Developmental Disabilities program (DDP) members transferred to skill nursing or medical group homes. Four (4) DDP members received assistance from the DDP regardaring the needs in their homes. (Please see photos and accomplishments)

The Navajo Treatment Center for Children and their Families (NTCCF) program provides therapy/counseling services to high risk and at risk children and families of the Navajo Nation. A total children and families receiving services was 393, the number of intake completed at the 5 NTCCF program offices was 30, the number of referrals from local resources at the 5 NTCCF program offices was 26, and the number of case consultation hours was 536. The NTCCF program staff have seen an increase in grief counseling services during the COVID 19 Pandemic. 186 children and families have received grief counseling services. This Program will begin providing face to face contacts when the Navajo Nation Government fully re-opens.

9. Bi-monthly meetings with DDP, Tribal Liason and Navajo DBMHS to discuss behavioral health on Navajo for DDD members.

10. The DDP initiated a survey on March 31, 2021 by sending surveys to all case managers and support coordinators to gauge the current needs. The preliminary data will be available by April 9, 2021.

11. The NTCCF program provides mental health services to children and families. The implementation of prevention education, awareness and information on the topics of methamphetamine, substance abuse and suicide prevention through the MSPI Project. The NTCCF program implements and integrates Navajo Traditional and Cultural teachings on the fundamental Diné Life Way values and principles for children and families. The integration of modern and traditional healing is an important concept in promoting holistic treatment. The traditional component has provided services to children and their families. The NTCCF program increased awareness of meth, substance abuse, and suicide prevention through media campaigns and public radio forums utilizing the Navajo Language to reach out to families in the rural areas across the Navajo Nation. The MSPI Traditional Practitioner and DFS Community Involvement Specialist have begun working together to provide public service announcements on local radio stations. The actual number of people reached is difficult to determine. However, KTNN is on the world wide web and can be heard across the world.

12. The DSR Farmington office had three (3) customers successfully transition from a shelter to housing in the Farmington, Bloomfield, and Shiprock Navajo Housing Authority.

9898

13. The Navajo DDP has begun the 164 review process for FY2022 budget. The IGA between the Navajo Nation and Arizona Department of Economic Security has been extended one- year due to the COVID-19. The IGA re-neogitation will begin October 1, 2021.

14. The DSR's Education Development Specialists are working directly with customers to gain skills and abilities to help their families become self sufficient. DSR Education Career Services unit is focusing their services towards online training for customers.

15. All meetings by DDP with members are held in the member's language of preference.

16. The DCCD completed the Tohdenasshai Child Care Center Project, Contract No. 14498. The Jones & DeMille Engineering, Inc. of Richfield, UT conducted the land boundary survey on the future site of a child care center within the Kayenta Township Business Zone in Kayenta, AZ. The next step is to receive a land survey report from the vendor which is required to obtain formal approval for land withdrawal use of a child care facility. a. The DCCD prepared an internal preliminary design for a child care facility construction, forecast size, and cost which will support the scope of work to make a public bid for building design and engineering service. b. On March 19, 2021, the DCCD conducted a job interview for a Planner Estimator position and offered employment to an applicant who accepted the position, for which DCCD is awaiting clearance on a background check before hiring. The Planner Estimator will be assigned the Tohdenassahi Project to develop a scope of work and advertise a Request for Proposal for a Design & Engineering service. The preliminary work for the scope of work requires resource coordination with the Capital Projects Management Department for review.

The Department for Self-Reliance (DSR) imported nearly 2,000 customer email addresses into the email marketing manager and MailChimp, for efficient and uniform communication with customers.

The NTCCF program submitted its Outpatient Service Guide for legal sufficiency review to the Navajo Department of Justice. Once deemed sufficient, the program will seek approval and implement the Guide. The Guide was development by NTCCF program clinical staff to provide uniformity and guide the program in the delivery of mental health services.

The Navajo Developmental Disabilities program (NDDP) maintains timeliness pursuant to the AHCCCS requirements at 95% or above. The NDDP has full access to and able to upload onto OnBase, a paperless case management file database.

CHALLENGES

1. The global COVID-19 pandemic that caused the Navajo Nation government closure resulted in an overall challenge for essential direct service delivery, including performing case management activities, collecting required documentation from clients, advertising vacant

9999 positions, filling vacant positions, completing background checks for sensitive positions efficiently, and processing payments to clients and vendors promptly.

2. The DCCD's child care center employees are mandated to receive training on 35 different health and safety topics. Some of the child care centers and administrative offices lack reliable high-speed internet and new computer hardware are stored pending to be inventoried and tagged before it can be released to offices and centers for intended use, such as virtual training; thereby, hindering the child care center employees to receive the full required health and safety training.

3. A subtantial number of clients lack internet access and computer to communicate with case workers or social workers, to submit application, or for virtual learning activities.

4. Purchasing personal protective equipment and disinfecting supplies continue to be too time- consuming with paperwork backlogged at the Office of the Controller (OOC). The OOC employees need to fully resume their duties and responsibilities, in the office, or hire additional personnel to fulfill the demand for procurement and accounts payable activities.

5. Lack of day programs, group homes, and vendors on the Navajo Nation. Medical group homes, hospice, and skilled nursing facilities are needed to keep Navajo people on the Nation.

6. Delayed payments to independent child care providers by two (2) months because the external auditor, Moss Adams determined the method by which the providers were paid was in non- compliance with the DCCD Tribal Plan and the Nation's procurement policy. After a corrective action plan was developed to process vendor payments with Request for Direct Payment method, subsidy payments to providers resumed. This process took about two (2) months resulting in the vendors making telephone calls demanding payment. The initial process was in place for sixteen (16) years.

Additionally, the OOC employees needs to remain well-informed about current federal rules, regulations, and policies governing federal funding, such as child care providers are required to be paid child care subsidy payment within twenty-one (21) calendar days from point of receiving their timesheet for child care services. Timely payment is a federal mandate at 45 CFR §98.45. Currently, the DCCD is in non-compliance with this mandate because the OOC severely delayed subsidy payments to the independent child care providers.

7. The Navajo Nation direly needs skilled nursing and medical group homes to keep members on Navajo. Often members they are sent to Phoenix where it becomes a challenge for families to visit their loved ones.

The NTCCF program professional staff must be licensed and have specialized clinical training to deliver the most up to date and effective treatment services to children and families. It is very important and challenging to find good training for our licensed clinical staff. They must receive proper training to fulfill their hours to maintain their professional licenses. The NTCCF program faces challenges in the recruitment and hiring of licensed clinical staff. When positions are vacant, it is challenging to recruit and hire staff when there is no housing available.

100100 8. The NTCCF program is challenged with recruiting and hiring professional staff when local mental health entities offer higher salaries and better fringe benefits. The Navajo Nation pay scale is very low and professional staff look to the Nation as a training ground for other facilities which pay higher salaries.

9. The NHA was closed to the public during this quarter. Communication with NHA by telephone caused setbacks because they do not have a set schedule of business hours, nor do they provide their business hours to the public.

10. Prior to the 6B roll-out at the NDSS several years ago, all department and program respective employees received training by the OOC FMIS Section that certified the employees as FMIS users and to practice segregation of duties. Recently, the OOC instituted “new unwritten procedures” which are inconsistent with the training it provided several years ago. It is understood that applications change; however, appropriate and adequate communication about and training on new methods should be provided before implementation, and not after the fact. Additionally, the OOC employees needs to remain well-informed about current federal rules, regulations, and policies governing federal funding, such as child care providers are required to be paid child care subsidy payment within twenty-one (21) calendar days from point of receiving their timesheet for child care services. Timely payment is a federal mandate at 45 CFR §98.45. Currently, the DCCD is in non-compliance with this mandate because the OOC severely delayed subsidy payments to the independent child care providers.

11. The OOC continues to not fully process the DFS's Title IV-E draw down for FY 2016 to present. Once the draw down is achieved, the DFS would be able to use the Title IV-E funds for personnel, staff training, etc. Further streamlining of financial procedures need to be addressed, such as the 164 review and approval procedures, budget entries, budget revisions, payments to vendors, processing of personnel-related paperwork, and processing of orders for products and services.

12. The Navajo Police Department are untimely with completing and issuing police reports for situations in which a police officer had been invovled with detaining children or arresting a parent. Due to incomplete or untimely police reports at the time of court hearings causes delays in court proceedings and delays with child welfare cases to be heard by the courts.

13. Coordination with the Land Administration and Capital Projects Management Department have been a slow process due to demands for their expertise on other projects.

14. The DSR is prohibited from utilizing its federal funding to construct office buildings; therefore, it spends substantial amount of funding for office rental in eight (8) different locations, two (2) of which are located in Gallup and Farmington. DSR pays a total of $2,099,738.70 annually for 8 office lease agreements.

a. The DFS has two (2) field offices located in the Bureau of Indian Affairs buildings. In the event that the prime businesses with which the departments lease offices close business or operation before 5:00 p.m. or closed for the entire day, the DSR and/or DFS are directly affected by having to close its operation consistent with their separate building lease agreement(s). This has interrupted direct service delivery especially during the public health pandemic. The other DFS field offices are all more than ten

101101 (10) years old. Some buildings are modular set on solid foundation while others are set on uneven ground causing health and safety challenges with lack of heating or cooling systems, and requiring constant repairs of fixtures. Employees and clients are in dire need of safe working environment that meets the occupational health and safety standards. b. The NTCCF program is renting temporary office spaces in five ( 5) locations on the Nation. These offices are in public areas and not conducive to providing therapy for children and their families. NTCCF program must honor and respect client confidentiality and comply with the HIPPA requirements. There are 12 staff members in these offices with minimal to lack of privacy. The NTCCF program pays $56,213.49 annually for two office lease agreements. c. The DDP’s modular office building is connected to an existing structure which are dilapidated and overcrowded occupied by seven (7) DDP employees who provide developmental disabilities direct services and 25 Arizona Department of Economic Security employees who provide food assistance. It is not conducive to serving clients who are served in the office to remain in compliance with the HIPPA and building safety requirements. d. The NFAS program is in need of field offices to provide General Assistance, LIHEAP, Burial Assistance, School Clothing, and CSBG. e. The Navajo ICWA program pays $535,129.52 annually for one (1) office lease agreement.

15. Due to the offices located at separate sites, individuals seeking human services and social services who are already struggling with limited resources have had to navigate finding office locations or make numerous repeated trips before much needed services are rendered, especially during the public health pandemic, for which the NDSS will be requesting for funding allocation from the American Rescue Plan Act to support infrstructure development for seven (7) field offices to be occupied by DSR, DFS, DDP, NTCCF program, and NFAS program in the same building from which to provide essential direct services utilizing one electronic case management system that will connect all departments and programs, for children, adults, elderly individuals, and families, with a one-stop-shop seapproach.

PROJECT #1: The Outpatient Service Guide is now in its final review by NDOJ. When this process is completed it will begin the approval process and implement the Guide. The NTCCF program continues to seek office space for outpatient offfices in Shiprock, Chinle, Kayenta and Crownpoint. The NTCCF program has been waiting for a response from the local chapter governments and the Bureau of Indian Affairs regarding land availablility and the land withdrawl process. The shut down of governmental offices has hindered any progress in this area.

PROJECT #2: The DFS manager attended three video meetings with the OPVP regarding Missing and Murdered Dine Relatives working group. This is an initiative started by OPVP to specifically address the issues surrounding missing and murdered Navajo people on the Navajo Nation. The goal is to develop a Navajo Nation Action Plan, which will basically be a protocol/guide for tribal employees to refer to when a Navajo person is reported to be missing to the Police Department's dispatch. Included in the working group are the Police Department, Division of Behavioral Health, Division of Social Services, and other tribal resources.

102102 OUTREACH AND COMMUNICATION

103103

104104

105105 Navajo Division of Transportation

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

106106 MAJOR ACCOMPLISHMENTS

1. Final inspection of the N27/N105/N7 Nazlini/Chinle, AZ Road Construction Projected on March 2, 2021. The Navajo Division of Transportation (Navajo DOT), Navajo Engineering Construction Authority (NECA), Wilson & Company Engineering and the Navajo Region Bureau of Indian Affairs (BIA) came together to complete the final inspection of the Navajo Route 27 (N27) Project. The N27 Project paved 10.86 miles between the chapters of Chinle and Nazlini, which also included paving a section of N105, grade, drain, signage, crosswalks and construction of a roundabout at the intersection of N27 and N7 in Chinle. The project construction budget was $33,332,755.

2. The Navajo DOT and Pinedale Chapter successfully secured $1.925 million for State of New Mexico Tribal Infrastructure Funds to construct 2.82 miles of grade, drain and chip seal along N7054. The Navajo Nation will contribute $2.9 million of their Federal Highway Administration (FHWA) Tribal Transportation Program funds towards construction, for a total construction budget of $4,825,000. Construction is anticipated to begin in Fall 2021.

3. Navajo DOT awarded construction contract for N9402 Bridge Replacement in Lupton, AZ to FNF Construction for $5,531,604. Notice to Proceed was issued on October 26, 2020 and FNF Construction is 30% complete. FNF has completed driving piles and concrete work for abutments and pier caps. Work is ongoing for roadway embankments; south guide embankment; riprap placement; and subgrade preparation. Anticipated project completion date is August 30, 2021.

4. NDOT awarded construction contract for N11 Mariano Lake, NM to NECA for $9,890,064 to construct 3.66 miles of grade, drain, bridge and pavement. Navajo DOT issued NECA Notice to Proceed on February 4, 2021 and a Preconstruction Meeting was held on March 30, 2021.

5. With the Navajo Nation operating on “Orange Status” with its Health Order; the Navajo DOT's Department of Highway Safety Staff were able to provide in-house Defensive Driving Courses for Navajo Nation Employees who all returned to work, a total of 12 courses were conducted. A total of 637 permits and 211 Identification badges were issued.

107107 CHALLENGES

1. COVID-19 Pandemic has impacted Navajo Nation and BIA Regulatory Agencies review process of environmental and right-of-way documents for FHWA Projects. COVID-19 Pandemic has impacted construction activities for Navajo Engineering and Construction Authority which has caused temporary shutdown of work and extended various FHWA project end dates.

2. Still having obstacles with Division of Finance including payments for vendors, sign-off of documents because of the Health-Order shutdowns. Navajo DOT Departments’ have made the best adjustments possible which include a wait-time period for items to be processed.

3. Lack of availability for experienced Heavy Equipment Operators across the Navajo Nation to fill permanent positions. Additionally, the pay scale for the Navajo Nation positions is much lower than the other entities throughout the Navajo Nation.

Project # 1: Staff members within Navajo DOT's Department of Roads have been assigned to assist Community Development and the Office of President and Vice President with hauling/ transporting of Personal Protective Equipment to Chapters across the Navajo Nation as requested.

Project #2: Bathroom addition is being constructed by Navajo DOT Staff for a family of ten (10) in Baca/Prewitt area. Additionally, an outdoor outhouse was recently added and completed for a family in Chichiltah, NM.

OUTREACH AND COMMUNICATION

108

109

Navajo Gaming Regulatory Office

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

110

MAJOR ACCOMPLISHMENTS

1. Two (2) of the four (4) Navajo Casinos gaming floors have opened to tribal members at 25% capacity on March 19, 2021, the Fire Rock Navajo Casino and Northern Edge Navajo Casino, both located in New Mexico. At this time, restaurants, promotions and Bingo games remain closed. The NNGRO staff located at the Navajo Casinos have participated in the COVID-19 safety inspections conducted by the Navajo OSHA Office, Navajo Department of Health, Indian Health Services and representatives from the Office of the President and Vice-President prior to reopening. NNGRO staff continue to work with the NNGE Casino Operation staff to ensure compliance and implementation of all applicable Navajo Nation public health orders, executive orders and COVID-19 prevention safety protocols to protect employees, patrons and the public. At the Casinos that are not open, the NNGRO staff continue to practice safety prevention protocols including frequent sanitizing, disinfecting and decontamination. Collaborations continue in addressing any positive cases that may affect staff while at work and both entities have their own response procedures.

2. The NNGRO, NNGE and their attorneys have completed the State-Tribal Gaming Compact negotiations with the State of Arizona. The proposed Arizona Gaming Compact has been submitted to the legislative process by the Naabik’iyáti’ Arizona Gaming Compact Subcommittee Chairwoman Charles-Newton. Work sessions are proposed for the Naabikiyáti’ Committee and Navajo Nation Council the week of August 5th, and a Navajo Nation Council Special Session proposed for April 10th. The negotiated State-Tribal Gaming Compact will extend the Compact to 2048. The NNGRO has been extensively engaged in the Regulatory Subcommittee which is a part of the proposed State-Tribal Gaming Compact.

3. The NNGRO ensured the gaming floors were in compliance with tribal, compact and federal gaming regulations, and tested the gaming machines, revisited the vault, cashiers, ATMs and the procedures. All surveillance cameras were reviewed and in compliance prior to reopening of casinos. All NIGC requirements for reopening were met, including documentation.

4. The Online Bingo Project Team have continued to research laws and regulations affecting the Navajo Nation in regards to online bingo. A public service announcement has been posted on the NNGRO website. In addition, the Team has been working with

111

the Arizona Department of Gaming.

5. The National Indian Gaming Commission (NIGC) and Federal Bureau of Investigations (FBI) have issued a second draft Memorandum of Agreement for Criminal History Reports after comments and feedback from gaming tribes were provided to the NIGC. The NNGRO through the Office of the President/Vice-President provided input during the first draft process. A Local Agency Security Officer, was appointed from the NNGRO Licensing Department to ensure the security of background information, stored in a secure location with strict access and secure network protocols are in place. These new NIGC and FBI requirements require the NNGRO to establish a new compliance position to ensure there are no findings in future federal audits.

6. The NNGRO departments continue to update and revise policies and procedures for the enforcement, surveillance and licensing functions of the NNGRO. Included are the Tribal Internal Controls Standards (TICS) as specified in the Navajo Gaming Ordinance.

CHALLENGES

A. Due to COVID-19 pandemic the Navajo Casinos had remained closed up to March 19, 2021 when two Casino gaming floors were reopened at 25% capacity to tribal members. The closures have resulted in a reduction in funding for the NNGRO. The NNGRO has been funded by quarters this past fiscal year rather than a full fiscal year. Vacant positions were not funded in quarters 1 and 2. The NNGRO received an allocation for the 3rd and 4th quarter budgets. However, the piecemeal funding has made it challenging to plan for annual expenditures such as critical supplies (e.g., badges, ink, software upgrades and filling vacant positions). The Gaming Audit Department was abolished because the NNGRO was unable to fund positions. The funding was diverted to the new NIGC and FBI requirements for the Criminal History Report Investigations (CHRI) security, position and protocols which needed to be funded. Navajo Nation tribal gaming cannot continue without a gaming regulatory entity as required by the Indian Gaming Regulatory Act (IGRA).

B. NNGRO regulatory staff continue to work at the casino locations to ensure protection of the Nation assets. Work schedules vary due to the number of casino operations staff 112

working at each facility, and ongoing projects. COVID-19 precautions continue to be practiced including temperature stations, daily health questionnaires, continuous sanitization of work areas. A challenge is the number of positive cases of the casino operation staff and the self-quarantines required. At this time, NNGRO regulatory staff have not been affected by the positive cases in the casinos, as staff are advised to wear masks, etc.

C. A major challenge is the uncertainty of the full re-opening of the Navajo casinos, restaurants, promotions, hotel and events, and the future effects on the Navajo tribal gaming industry.

D. The current NNGRO Executive Director’s employment contract is ending in late April 2021 and has elected not to renew. The NNGRO is currently working with the Office of the President/Vice-President and the Department of Personnel Management to recruit for a new Executive Director to fill this future vacancy.

OUTREACH AND COMMUNICATION

113

Navajo Nation Department of Justice

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

114

MAJOR ACCOMPLISHMENTS

1. Settlement in Gold King Mine case. On January 13, 2021, DOJ announced a settlement with Kinross and Sunnyside Gold Corporation, resolving the Navajo Nation’s claims against the mining companies for creating the conditions that led to the August 2015 Gold King Mine spill. This unprecedented disaster, triggered by the United States Environmental Protection Agency (USEPA) and its contractors, released millions of gallons of toxic acid mine waste into the waters upstream of the Navajo Nation, which then coursed downstream in a yellow plume through two hundred miles of the Nation’s sacred San Juan River. Under the terms of the settlement, Sunnyside, on behalf of itself and Kinross, will pay the Navajo Nation ten (10) million dollars.

2. COVID-19 scams and fraud. In a January 8, 2021, press release, Navajo Nation Attorney General Doreen N. McPaul cautioned the public to be alert and aware of potential COVID- 19 related scams and fraud. The nationwide outpouring of support for the Navajo Nation during the COVID-19 pandemic resulted in tribal, federal, and state law enforcement agencies across the country receiving reports of scammers attempting to deceive the public and take advantage of the ongoing pandemic for personal gain. Some of the most common schemes are related to the fraudulent solicitation of monetary donations for individuals, groups, and areas severely affected by COVID-19, and fraudulent schemes related to COVID-19 PPE, antibody testing, and vaccines. Building upon DOJ’s prior Donation Branch work to support the Nation’s COVID-19 relief efforts, DOJ has begun work to improve oversight, and perhaps regulation of those who raise funds purportedly for the benefit of the Nation and/or its members. DOJ is also exploring the creation of a non-profit or other entity to receive donations intended to benefit the Nation and its members.

3. 2nd Report to the United Nations. On February 28, 2021, and upon direction from OPVP, a team of five (5) DOJ attorneys collaborated to submit a second report to the United Nation’s Special Rapporteur on Human Rights, Mr. Francisco Cali Tzay. The focus of the second report was the Nation’s COVID-19 recovery. The Nation’s first report to the United Nations, which described the impacts of COVID-19 to the Nation, was submitted in June 2020, and is featured on the Special Rapporteur’s website at https://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/Callforinput_CO VID19.asp. It appears from the Special Rapporteur’s website that many states and indigenous groups and organizations all over the world submitted reports, and the Navajo Nation is the only sovereign nation in the US to do so. The Special Rapporteur will be 115

providing his annual report to the United Nations in October 2021, and there may be an opportunity for the Nation to contribute.

4. OAG Support Staff Restructure. In March, DOJ initiated a restructure of Office of the Attorney General’s (OAG) sixteen (16) legal support staff positions, some of which have not been reclassified in decades, and which has resulted in salary inequities among staff as well as salary stagnation for support staff who have been employed long term and who reach the end of the DPM salary scale. These employees’ job duties have also changed and expanded over time, further necessitating reclassification. OAG will be submitting revised Position Classification Questionnaires for DPM’s consideration in the next quarter. DOJ’s Office of the Prosecutor restructured its legal support staff last year.

5. Reopening of Government Offices. On February 8, 2021, DOJ welcomed back its legal support staff full time to DOJ offices after the Nation’s government closure on November 13, 2020. During the Nation’s second government closure due to the COVID-19 pandemic, most DOJ prosecutors, advocates and attorneys worked from home without disruption of work and while continuing to provide high quality legal services to the Navajo Nation government. As of April 7, 2021, 75 of DOJ’s 85 (88%) employees have been fully vaccinated against COVID-19; five (5) employees have received their first vaccination and are scheduled to receive the second in April, and five (5) employees have not been vaccinated.

CHALLENGES

1. Technology – As mentioned above, throughout the Navajo Nation government closures due to the COVID-19 pandemic, DOJ attorneys, advocates and prosecutors have primarily worked from home, cobbling together the means to do so through 33 CARES funded laptops, donated Wi-Fi hot spots, and personal resources. DOJ’s technology infrastructure, however, demands attention as there has not been any major upgrades since 2010. This quarter, DOJ created a Technology Plan to address its outdated technology structure and are meeting monthly with OAG and Office of the Prosecutor’s (OTP) IT staff to plan implementation activities. DOJ articulated its IT needs in its submission to OPVP regarding American Rescue Plan (ARP) funding, and hopes that these funds will be made available to address DOJ’s pressing technology needs.

2. Personnel – DOJ attorneys, advocates and prosecutors have worked throughout the government closures last and this year, and their workloads have increased due to 1) 116

ongoing COVID-19 related litigation; 2) drafting and enforcement of the Nation’s public health emergency orders; 3) addressing legal issues presented by CARES funding and procurement issues; and 4) Donation Branch work, to name a few items. Legal staff are overburdened, and OAG has relied on outside counsel to support DOJ legal staff, however, continuing to do so on a long term is unsustainable. Consistent with DOJ’s goals in the Nahata Plan, OAG is requesting ARP funds for additional staff positions for OTP (to prosecute natural resource related offenses and crimes), OAG’s Litigation and Chapter Units, and for a future Indian Child Welfare Act (ICWA) unit.

3. OTP office space/repair – As described in several past DOJ quarterly reports, some OTP district offices need structural repairs, including basic plumbing, to make these offices functional for staff. Installation of load bearing walls to provide physical barriers between visitors, guests and staff are also needed in some offices to ensure employee safety. These needs pre-date the COVID-19 pandemic, and they have become more urgent in light of COVID-19, but have not yet been addressed due to lack of funding and while OTP staff have worked from home during the pandemic. However, the need is urgent, and DOJ has requested ARP funds to address these needs.

4. OTP Dilkon District Office - OTP’s Dilkon District Prosecutor’s Office has been without dedicated office space since December 2020 after an arrangement to use space at the Dilkon Court became unworkable. OTP has explored other options for office space in or near Dilkon, none of which have come to fruition. The District Prosecutor has been working from her garage, which is unacceptable. DOJ requests that any discussions regarding planning and construction of additional criminal justice facilities in Dilkon and in other locations include the OTP. To address this situation, DOJ has requested ARP funds for a modular trailer to house the Dilkon District Prosecutor’s Office.

Project # 1: Since the 3rd quarter of 2020, DOJ has regular participated in OPVP’s Economic Recovery Task Force’s weekly meetings. Two (2) DOJ attorneys regularly attend these meetings, and this quarter, among other things, have provided the Task Force guidance on 1) legislation CM- 9-50 regarding Economic Development buffer zones on tribal land adjacent to roads; 2) MOU between the Navajo Nation Division of Economic Development and the San Juan County and whether additional proposed economic development projects can be subsumed under the MOU; and 3) legislation on CMA-16-20 regarding re-3.

117

Project # 2: This quarter, OPVP’s Personnel Task Force, led by Division Directors Fowler and Silversmith, resumed its meetings. DAG Dutcher participated in three (3) conference calls this quarter and offered to assist with reviewing DPM’s on-boarding and exiting processes as well as reviewing DPM’s forms. To begin this work, DAG Dutcher had a call with DPM Acting Director Toddy and her staff this quarter, and expects this work to continue in the third quarter.

Project # 3: Since the 2nd quarter of 2020, DOJ created and has facilitated donations to support the Health Command Operation Center and Humanitarian Aid. DOJ staff continued to respond to emails and phone calls and facilitate communication with donors. This quarter, DOJ worked with Direct Relief to secure a $182,500 donation from Together Rising (funded through Direct Relief) to help support the mental health services of the Department of Health’s health service professionals.

118

119

Navajo Nation Division of Natural Resources

SPRING COUNCIL SESSION 2021

II. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

120

MAJOR ACCOMPLISHMENTS

Division/Department Name: Division of Natural Resources (DNR)

The DNR is comprised of the following twelve (12) departments: 1. Abandoned Mine Lands Reclamation 7. Navajo Land Department 2. Agriculture Department 8. Minerals Department 3. Fish & Wildlife Department 9. Navajo Nation Museum 4. Forestry Department 10. Parks & Recreation Department 5. General Land Development Department 11. Department of Resource Enforcement 6. Heritage & Historic Preservation Department 12. Department of Water Resources

Administration

o Completed 23 Section 164 Reviews. o Reviewed 12 applications for leases, rights of way, and tribal access authorizations. o Adverse Personnel Action and Justification Report of DPM. o Completed 11 D Street, SE, Washington D.C. land acquisition: § Council and Naa’bik’iyati’ Committee hearings and presentations; § Redraft Commercial Real Estate Purchase Agreement; § Closing of Escrow to complete purchase of property • Review and draft closing documents and indentures • Final title review and drafted title objections o Drafted 3 fund management plans. o Negotiation and drafting of 2 solar leases. o Drafted Professional Services Contract amendment. o Drafted 3 authorization letters for emergency burials for COVID-19 victims. o Review and analysis of 500 MW NGS lease and transmission agreement. Drafted recommendation for amount of rent Navajo Nation should charge for these projects. o Conducted employee meetings and drafted 3 EPAFs. o 2 pro bono court cases. o Drafted 1 FFAR support letter for seed grant funding. o Drafted Hazard Pay budgets. o Drafted Supplemental Funding Budget requests. o Participated in teleconferences with Navajo Nation Council, it Committees, leadership meetings, and Executive Branch offices. o Drafted PWCC Kayenta Mine immediate retention of facilities letter and letter for President Nez. o Review of Tsaile/Wheatfields Farming Project and participated in meetings with Legislative and Executive Branches on this matter.

121

o Completed negotiation and drafting of Carbon Development and Marketing Agreement for sale of carbon credits in Navajo Nation Commercial Forest. o Determined priority listing of real estate acquisitions. o Submitted 7 work orders to facilities maintenance department for office repairs. o Completed 6 procurements for office supplies and equipment. o Approved NAPI feral horse round-ups. o Reviewed draft burial regulations and telecommunications regulations.

General Land Development Department (GLDD)

• Homesite Leases by Agency; Chinle 11, Eastern 5, Ft. Defiance 18, Shiprock 23, Western 19, total HSL ECD 76 • Service Line Agreements; Chinle 2, Eastern 1, Ft. Defiance 12, Shiprock 3, Western 5, total 23 • Land Withdrawals; Chinle 1, Eastern 2, Ft. Defiance 2, Shiprock 1, Western 1, total 7 • Mission Site Permits; Eastern 1, Ft. Defiance 1, Shiprock Agency 1, total 3 • Permission to Survey; Eastern 2, Shiprock 2, total 4 • TAA; Ft. Defiance 1, Shiprock 1, Western 3, total 5 • Approximately 118 projects for the quarter.

Minerals Department

• Completed negotiations for a helium lease agreement with Pure Helium, LLC for exploration and development of helium on approximately 11,520 acres of land.

• Completed negotiations with NNOGC for 3 helium lease agreements. NNOGC wants to explore and develop helium reserves in the 1) Tohache Wash area; 2) Beautiful Mountain Field; and 3) Porcupine Dome area.

• Collected $3M from NNOGC, which represents the first of 3 payments due from NNOGC for delinquent rental payments associated with the San Juan Basin Operating Agreement. The Department and NNOGC, with the assistance of DOJ, are still working on the settlement agreement language for the final payments. NNOGC does not wish to pay late payment interest.

• Completed discussions with Paradox Resources on 4 pipeline ROWs that the company is interested in obtaining. The pipeline ROWs are for the, Montezuma Creek North 6”, Lower Aneth 16”, Southern Trails No. 91, and the Upper Aneth 10”.

122

• Reviewed and approved 5 Applications for Permit to Drill (APD) for Vision Energy Group, LLC and Tacitus, LLC. The APDs were submitted to the BIA for final approval. • Completed negotiations with PNM Resources (PNM) on ROW renewals of allotments with Navajo Nation Tribal interest along PNM’s WW345kV, FW 345 kV, OC 345 kV and AY 115 kV electric transmission lines. The agreement includes a 20-year term for each ROW that totals approximately $424,000 annually or $8.5M over the 20-year term. The Department and PNM are now discussing payment options.

• Is researching 3 companies that are interested in helium exploration and development on the Navajo Nation, Ranger, Helios, and Tall Dune.

• Completed a report on the Kayenta Mine Facilities that are immediately available to the Navajo Nation. The recommendation comes after the facilities were visually inspected by the Department and Asbestos and Lead Reports were reviewed by the Navajo EPA. The report was submitted to DNR for submittal to OPVP.

Parks and Recreation Department (P&R):

• Completion of a renovation project to convert an existing building into Antelope Canyon Visitor Center in Page, AZ.

• Design/Engineering Contract has been signed by President Nez and assigned a contract number from OOC for Nesbah Technologies, a Navajo company to complete a Design/Engineering work for the Lower Antelope Canyon Access Road/Parking Lot project in LeChee, AZ.

• Hand Railing project at Shadow Mountain Viewpoint, putting grates on hand railing to make it safe for tourist, visitors, workers, and pets. The hand railing will encompass the Shadow mountain viewpoint. Hoyee Adiitiin and Hell Hole Bend Viewpoints will be included as more materials are purchased for the project. Ongoing project.

• Provided assistance to the Pandemic Emergency by transporting supplies to the various chapters and to the distribution of food items by the OPVP. Department has also been distributing groceries, water, hay, propane to those in need during the pandemic.

• The project to start the Cultural Mapping in the western area parks began with issuance of a contract to Arizona State University and the establishment of an advisory group comprised of local representatives. The group will provide advice and guidance to prepare a General Management Plan to include input from all affected stakeholders.

123

Navajo Land Department (NLD)

• Completed the Navajo Nation Washington Office property acquisition by getting the funds wired to the DC title company, 2/26/21, instructed by DNR. • Successfully petitioned 2 Navajo County parcels; Navajo County granted exemption for both parcels, located within the reservation. • Successfully submitted Agricultural/Grazing forms to McKinley County for fee lands that are used for grazing. • Served 2,076 clients with information for homesites; provided 472 applications and approved 147 homesite leases. • Assisted lenders with completing Land Status and Jurisdiction forms and approving the Navajo Nation Fannie Mae mortgages. NLD completed one LSJF and signed one mortgage document.

Department of Resource Enforcement (DRE)

• Livestock/Equine seizures; COVID-19 Drive thru vaccination site; Employee Performance Evaluations and Position Classification Questionaires; Search & Rescue; Operation Freedom 2021

Fish & Wildlife Department (F&W)

• Re-Opening Department of Fish and Wildlife. All Department personnel returned back to active status on February 8, 2021. However, in order to continue to implement COVID 19 Precautions, occupancy limits were placed for all Department facilities. In some cases, this resulted in staff having to rotate into Department facilities on a weekly basis. Approximately 99% of Department employees have received their 2nd dose of the COVID vaccine. Therefore, occupancy levels were increased for the main office building, which enabled the Department’s Administration Section to return full time to the building. Field personnel continue to provide Department services from remote locations and coordinate with their Supervisors if they need access to Department facilities. The Department also mandates the use of masks in Department facilities and social distancing. Additionally, hand sanitizer, sanitation wipes and gloves are made available to all personnel. Office personnel are required to wipe down their offices upon entering and exiting each day. The main office reception area is now fully covered with plexiglass which prevents direct contact between Department employees and the general public and only one person is allowed in the reception area at one time. All others wait outside. Anyone entering the

124

building, including Department employees, are required to record their temperature and sign in and out with contact information provided. • 2021 Annual Strategic Planning Session Held Virtual. The Department’s 2021 Strategic Planning Session was held virtually on March 1-3, 2021. All Sections completed 2022 Annual Work Plans and Master Plans. Sections also presented their FY 2020 Accomplishments and the entire Department participated in discussions to update the Department’s 10-Year Strategic Plan. Follow up meetings are scheduled to continue efforts to update the Strategic Plan. Employee recognition awards were presented to employees of the Department and respective programs. • Navajo Nation-Wide Free Rabies Clinic. The Animal Control Program hosted a free Rabies clinic for public at all the Animal Shelters, Many Farms, Ft. Defiance, Shiprock and Tuba City. This event took place on March 17, 2021. Program provided 768 rabies vaccines, 768 license and provided information to the public on spay and neutering their pets. • Animal Care at the Navajo Nation Zoo Throughout the Pandemic. Zoo staff continue to mostly focus on safety providing animal care and necessary zoo maintenance during, and now after, the government reduced-services period. Zoo staff have done an excellent job at maintaining safety from COVID, and continue to be vigilant to keep themselves and others safe. Before February 7, had only worked 3 staff per day to provide all the animal feeding, enclosure cleaning, and maintenance. Thereafter was able to have a full staff load, but also ensuring that we are not exceeding the maximum capacity of any one building. Much of the work is outdoors, working in small teams, and avoiding congregations of staff. Program continues to ensure that all staff wear masks throughout the day, and wear gloves when handling mammal foods. Thankful took every COVID precaution seriously, and have maintained the Zoo very well. • Safe Reopening Navajo Nation Zoo. The Navajo Zoo will be following President Nez’s Executive Order 2021-005, issued March 10, to allow for soft-opening of the Navajo Zoo. Developed a set of rules, and will follow those rules to allow for limited visitation by appointment only. All safety precautions of regular cleaning, mask-wearing, and limited number of visitors will be followed. All Zoo staff have been fully vaccinated and will be vigilant that visitors follow the ‘Reopening Rules’ established. • New Xray Building. Zoo staff began construction on the new x-ray building in September 2020, after the office closure had ended. Made excellent progress then, but were unable to continue work during the second office closure from mid-November to mid-February. Despite the delays caused by COVID, the Zoo staff have been working non-stop to complete this project. We now are 95% completed with construction of this building and are within reach to be 100% completed by end of this quarter. This new building and our new x-ray equipment will increase our Zoo’s capacity by allowing to perform necessary radiographs on injured wildlife and/or zoo animals.

Department of Water Resources (DWR)

125

• Final equipment and supplies received from CARES Act funds. Some items include water hauling trucks to be provided to several chapters for newly installed cistern systems. Backhoes for NDWR field offices to assist with operation and maintenance of windmills. A new trencher for installation of additional livestock water lines. Equipment is going through Property Management before use. Water trucks will be offered to Chapters that had cistern systems installed under CARES Act funding. • Worked to leadership for approval of funding for additional water projects, equipment and supplies through CJA-01-21. Business unit established under 415003. Currently working to encumber services and goods. All fund must be expended by 9/30/21. • Inspected and repaired 437 windmills. • Performed 38 repairs, inspections and maintenance work on irrigation water systems. • Installed additional protective equipment for staff offices at the main office and some field offices that included office dividers, desks and computers to assist in the prevention the spread of COVID-19. • Development and implementing schedule for planned release of water for irrigation at Upper Fruitland, Hogback, Many Farms and Ganado irrigation projects. • Repaired and maintained 62 pieces of equipment used for drilling, construction, repair and maintenance purposes. Transported 37 heavy equipment, construction materials, and supplies including diesel fuel to the project sites and field offices at Gallup, Albuquerque, Many Farms, Tuba City, Shonto, Farmington, Leupp, Coalmine Mesa, Chinle, Navajo, Navajo Red Lake, Crownpoint, Cameron, Shiprock, Teec Nos Pos, Pueblo Pintado, Vanderwagen, Cottonwood/Tselani, Tolani Lake, Gadiiahi and Fort Defiance Chapter areas. • Land easement acquired for Albuquerque to Tohajiilee water line project in January. Water lease agreement was finalized with Jicarilla Apache Nation and is going through the Navajo Nation approval process. • Drilling contractor selected to drill domestic/municipal water well near Bodaway Chapter as part of Western Navajo Pipeline Phase 1 projects pursuant to expenditure plans for the Sihasin Fund and Permanent Trust Fund water and wastewater projects listed on Exhibit A of CJA-12-16 and Exhibit B of CAP-19-16. Last quarterly report was distributed in March 2021. Drilling water well is planned for May 2021 after contract is approved.

Navajo Nation Museum

The Navajo nation Museum during the closure of the building to the public, the Navajo Nation Museum worked with closely with the Office of Management and Budget (OMB), Navajo Nation Library, Office of Miss Navajo, and Navajo Parks & Recreation Department to continue to provide inter-departmental support as well as providing help to the public in a manner that is safe for employees and the general public. Through this difficult time with the COVID-19/Coronavirus 126

pandemic, the Navajo Nation Museum strived to continue its work to provide information and aid when and where it can safely do so.

The Navajo Nation Museum continued to maintain a safe and clean environment for all staff working in the building, and any visitors that may seek information from any one of the offices housed within the building. This has been accomplished through around the clock disinfecting of all contact surfaces as well as the common areas.

In order to provide infrastructure to help online learning the Navajo Nation Museum established outdoor utilizes and a designated area for students to access online learning portals as well as a safe place to study and power necessary learning tools such as laptops. Though the building is still closed to the public the Museum felt it was important to provide free of charge such learning/education portals.

The Museum staff successfully acquired needed PPE to protect its staff and other program staff that occupy office space within the building. Items include bleach and alcohol based sanitizing solutions, recommended face coverings for all staff and needed materials such as cleaning cloths and disinfecting wipes.

As the Museum shares the building with other offices it established screening protocols for all employees approved to occupy the offices. Such protocols include tracking employees entering and leaving the building, requiring temperature checks upon entering the building. Also require face coverings at all times, the Museum provide soap and sanitizers so staff may wash hands regularly, and social distancing is strictly enforced.

The Navajo Nation Museum staff has made available cleaning supplies for employees of any office to sanitize their work area as needed and when they see fit. This not only aids the Museum staff in maintaining safe work stations but also provides a sense of security and safety for all employees associated with offices housed in the Navajo Nation Museum.

Navajo Nation Department of Agriculture (NNDA)

Range and Farm Management (RAFM):

o As of March 12, 2021, all staff received full COVID-19 vaccination. o It took approximately 2.5 months to process all Personnel Action Forms (PAF) for agriculture elected officials as such they are all able to be paid as budgeted. MIFB 20 new members, 24 returning, and 6 vacancies. o 2021 modification of the Orientation Manual for newly elected officials (MIFB, DGC). RAFM is editing existing language, removing documents not directly associated with the duties and responsibility and creating documentation as necessary to standardize processes.

127

Keeping all necessary rules, laws policies and regulations to effectuate the intent of the orientation manual. o Staff have completed review of the Livestock Inventory Self Tally form in December 2020. The forms were used only for the AIF Livestock Management Incentive Program. Upon completion staff will work to implement the Livestock Inventory Self Tally form to ensure the comfort and safety of all participants and to increase the number of tally counts.

Ranch and Eastern Land Management (RELM)

Secured a new revised budget for the RELM Program for FY 2021 in an amount of $700,000. Assisted the Eastern Agency livestock producers and Ranch lessee’s with hay and mineral tubs for Livestock. Additional purchases will be made for the winter season and 2021 ranching operations.

Created close partnership with Department of Water Resources/Technical Construction Operations Branch (TCOB), Branch Manager, on water projects, well repairs, windmills and earth dam projects in Eastern Agency and Tribal Ranches.

Created new solar powered water pumping plant plans with 5 ranch lessees with contractors. Will continue working on windmill conversion to solar powered water pumping plant with 5 ranch lessees and contractors.

Assisted with 2021 application to USDA for Pasture Range Forage (PRF) Insurance coverage for Navajo Nation grazing lands in AZ, NM, and CO, including individual Tribal Ranch lessees.

Heritage and Historic Preservation Department (HHPD):

In the 1st Quarter of FY 2021, the HHPD Cultural Resources Compliance Section (CRCS) reviewed and issued approximately 356 cultural resouce inventories. Reports covered a variety of projects such as homesite/residential leases, powerlines, waterlines, roads, etc. With the Navajo government shut-down during most of the quarter, the CRCS staff were taking work home to keep up with the incoming reports and compliance. In addition to the Section 106 actions on the Navajo Nation, HHPD also consulted with federal and state agencies, municipalities, and others off reservation. Received approximatley 131 such requests.

The GIS Section continues to be busy improving NNHHPD services providing IT support as well upkeep of NihiDatabase as needed. GIS Section provided minor IT assistance to staff and created map data during the shutdown. Other accomplishments included; continued with plotting and digitizing of mapped sites (currently at 8,381). Additionally, the GIS Section continues to create shapefiles for the GIS Database for all documented archaeological sites. The new and creative processes HHPD is creating using GIS technology will streamline processes to create a safe working environment for staff, and allow for remote access to records by contractors. 128

Veterinary Management

o Tse Bonito Veterinary Clinic finished with elevated clients and patients seen numbers and operated throughout the Pandemic with program’s own Dik’oos Ntsaaigii-19 Protocol. o Chinle Veterinary Clinic with 1 permanent and 1 temporary, increased overall revenue. With veterinarian and Tse Bonito Veterinary staff, the clinic provided reasonable priced spay and neuter surgeries services. o Shiprock Veterinary Clinic kept the clinic open on certain days with limited hours since the beginning the pandemic to ensure that clients receive the needed veterinary services. o The Mobile Unit travelled to satellite clinics to help due to minimal to no staff and kept one satellite clinic open for basic veterinary services, routine spay and neuter surgeries, annual examinations and slight medical attention needed for patients. The Mobile Unit will be providing basic veterinary services at the Shiprock Clinic until further notice.

Agriculture Infrastructure Fund (AIF)

o Complete Application intake process for the 2021 Livestock Management Incentive Program, received 1,056 applications. o Establish guidelines for the 2021 Navajo Farm & Garden Incentive program, Launch program March 22, 2021.

Abandoned Mine Lands Reclamation Department (AML):

• On March 18, the bipartisan first hearing before the House Subcommittee on Energy and Mineral Resources about HR 1734 Reauthorization of the Surface Mining Control and Reclamation Act (SMCRA) and HR 1733 to amend SMCRA. HR 1734 would be highly beneficial to the 29-member States and 3 Tribal Abandoned Mine Land (AML) programs (this includes Navajo Nation) to extend SMCRA for another 15 years. The National Association of Abandoned Mine Lands Program (NAAMLP) President, Susan Kozak, represented the States and Tribes. • Completed the Nenahnezad Subsidence Project with post land use, where a .5-mile trail and 4 fishing areas have been developed for family residences. NAMLRD reclaimed 2 coal mines that was 400 ft. near residential homes. On March 23, conducted an Acid Mine Drainage flow rate analysis with Navajo Department of Water Resources (DWR). Currently developing and planning with local chapter officials, per in-house pilot project, to develop a recreational park for the youths and wellness exercise trails.

129

• Quarterly Meeting was held February 10, 2021 with OSMRE, discussed updates on administration, budgets, projects, training and public relations. On February 18, finalized the Cooperative Agreement FY 2021 budget and SOW with DOE-LM. • Since February 8, AML continues to work on the Abandoned Uranium Mines (AUM) Fund Management Plan (FMP), and possible Enterprise FMP with Navajo Transitional Energy Company (NTEC). The AUM FMP is pending responses and coordination from Navajo EPA, Superfund Program. • Annual March Collaborative Meeting conducted with Department of Energy-Legacy Management (DOE-LM) and the National Laboratories to discuss and analyze geotechnical data to address erosional features observed at Mexican Hat Uranium Mill Tailings Remediation Action (UMTRA) site, as well as, interim protection measures and path forward. • Filled 2 of the 3 long standing vacancies, the Department Manager III and Network Specialist, to begin on March 29 and April 19, respectively. • Preparing to submit project nominations to the Office of Surface Mining Reclamation Enforcement (OSMRE) AML Awards to showcase the Nenahnezad and Cactus Hill projects; department will be interviewing community members on the impact the projects have made.

Navajo Forestry Department

Throughout 2020, COVID-19 interrupted Navajo Nation governmental operations, including the services provided to the Navajo people. However, the Navajo Forestry Department continued to operate and provide services on a limited basis and assisting other enforcement departments with dissemination of information to the public, regarding safety protocols surrounding COVID-19. • Wheatfield Thinning Project #2; this project encompassed approximately 297 forest acres, located within the vicinity of the Wheatfield’s Chapter house and scattered houses. Additionally, this project was conducted through a partnership with the USDA Natural Resources Conservation Service (NRCS). The Department was able to complete the tree harvesting of dense stands of pine, for prevention of catastrophic wildland fires; however, a second component of the project still needs to be completed. Most of the pole trees harvested, remain left on the ground; some of the pole trees were removed by Navajos with permits for their personal use. The slash (remaining trees and their branches) on the ground still needs to be piled. In addition, larger pine trees will continue to be selectively thinned for poles for construction of hogans and/or log cabins. • Permitting; as mentioned, the Department operated, under an altered work schedule to provide services to the Navajo people seeking forest product permits, during the First Quarter of FY 2021. This allowed individuals to continue harvesting firewood and other forest products for their personal use. So that individuals could sell firewood to generate income for their families, firewood resale permits were only issued on Mondays, due to the

130

weekend curfews that were imposed by the Health Command Operations Center. A total of 3,500 forest product permits were issued. • Capital Improvement Projects; the Department worked with the NTUA in completing and processing Timber Cutting Permits for short line powerline extension and fiber optic projects on the Navajo Nation. Information was gathered and submitted to the BIA Navajo Region for final approval. Invoices were also submitted to NTUA regarding the stumpage payments for the trees that were being removed from these project areas. These projects, once permitted, allowed for construction to begin as part of NTUA's process of serving members of the Navajo Nation with electrical lines. A total of 60 tree cutting permits were issued to electrical line construction. • COVID Assistance; the Department, besides enforcement assistance, also supported relief with numerous deliveries of food, water, firewood and other needed items throughout the Navajo Nation at the request of OPVP.

CHALLENGES

Navajo Land Department (NLD) a. All counties assessed real properties by use or their classification. This year, NLD was unable to submit Agricultural/Grazing forms to San Juan County for fee lands used for grazing. Three chapters were notified of the fee lands and NLD requested the chapters to assist in filing the Ag forms. The chapters did not provide any information. As a result, the said fee lands will be assessed at market value, which equates to property tax increase. b. NLD does not have the personnel (Compliance Officer) for enforcement of Navajo Nation land related laws, regulations, sanction, collections of fines that could generate new revenues. New Plan of Operation and Home-site lease regulation approved Enforcement authority/responsibility to the Department. However, there are no funds appropriated for Compliance Officers to address disputes or violation of regulations. c. With the Covid-19 Pandemic the department safety precautions were in place in order to open the office back to the public. All duties and responsibility are handled electrically and automated all contacts with the public, clients and entities are handle by telephone, emails and text messaging. d. Homesite Section Office was broken into, shattered glass everywhere, Homesite Office Closed Monday and Tuesday. Had windows replaced. e. Responded to families needing burial information and homesite lease questions or land disputes issues with neighbors.

Abandoned Mine Lands Reclamation (AML) a. The Navajo Nation Executive Order confining traveling off the Navajo Nation, and restricting consultants coming into the Navajo Nation is hindering some projects. Some 131

activities impacted is our partnerships with DOE-LM, USEPA and environmental consultants for our NEPA compliance. b. Budget compilation and coordination through the Navajo Nation 164 Review process has been difficult with signatures and reviews taking a long duration of time. c. Receiving partnership with local land users, local chapters and Navajo Nation Departments at times is difficult, especially with Navajo AML’s goal to eliminate dangerous subsidence feature and improving the land.

P&R Department a. Closure of the tribal parks to all visitors since March 2020 has greatly impacted the revenues generated by the Tribal Parks. The department has an Enterprise Fund which is used to fund department operations, the lack of revenue will impact future allocations from the Controller. b. Procurement and contracting processes have been meeting lengthy delays because of the tribal office shutdowns and limited staff to handle those documents; including, OOC, OMB/OCG, DOJ and OPVP. c. With the closure of the tribal parks the need to continue protection of park resources, assets and facilities is ongoing with the park rangers and security. There are only 4 (4) commissioned park rangers to cover all the parks and more rangers are needed. d. The Department allocation for its FY 2021 budget was cut by 1/3 which resulted in diminished funds for operations as well as 3-month furlough for non-essential staff.

Department of Resource Enforcement (DRE) a. Issues/Concerns: Land Disputes; lack of funding; travel restriction; lack of manpower; communication systems; lack of prosecution; predator damage; COVID-19; grazing permits; illegal burials; homesite leases; abnormal activities; training; tribal parks; unmet needs request; New Mexico Livestock Board; grievance hearings; field training program; ranger recruitment/backgrounds; DRE Building; property titles; GPS trackers; aircards; CODY RMS; livestock and property theft; livestock/3quine seizures; Right of Way concerns; and Feral Horses.

Fish & Wildlife Department (F&W) a. Challenge 1 – The Natural Heritage Program lost 2 permanent, full-time positions during the 2nd Quarter due to funding shortfalls in the NHP 638 Contract. A remedy was found to fund the 2 positions using an Agriculture Infrastructure Fund allocation awarded to the Department in 2018 but was never used. This allocation would have avoided the layoffs and it would provide much needed operational support to NHP but OMB advised the Program it needed Resources and Development Committee approval to amend the AIF scope of work. The Department issued layoff notices to 2 employees, effective on March 12, 2021 and preparations are being made to present the amendments to the AIF award to the RDC in April.

132

b. Challenge 2 – Like many DNR Programs, the Zoo required staff to work through the government limited-services shut-down. Staff were promised Hazard Duty pay for the time that they were on-duty at the Zoo. All the forms were submitted each pay period, and funds were transferred to the appropriate account to cover those payments. However, to date, staff have received very little of the amount owed to them through Hazard Pay payments. And Holiday Pay payments are months behind as well. Numerous calls and emails to Accounts Payable and Payroll to understand the issue have gone unanswered. c. Challenge 3 – Wildlife Law Enforcement personnel responded to several injured animal calls on NAPI. The deer and elk have been getting stuck in the canal systems. Most of the animals are put down due to the animal hooves worn down from the excessive wear and tear as these animals try to get out. The meat is salvaged and donated to tribal and non- tribal members. Personnel also responded to an eagle call where a bald eagle was lead poisoned. The eagle did not survive.

Department of Water Resources (DWR) a. COVID-19 Pandemic has caused delays in work and processing of documents. b. Lack of adequate office space for all NDWR staff to return to work. Some staff are able to submit telecommuting requests to Personnel Management but some are unable to due to nature of work. c. Office of the Controller (OOC) remains understaffed to timely process documents for CARES Act funding for the Navajo Nation. d. Department has had to utilize its own funding to pay for Special Duty Pay. Deadlines for end of fiscal year made it difficult to process needed budget transfers. e. The equipment used for drilling, construction, rehabilitation, repair and maintenance of water wells, windmills, earthen dams, storage tanks, waterlines, irrigation canals, diversions, ditches, drainages, siphons, gates, pumps are very old/obsolete. Equipment needs a capital outlay replacement. The availability of equipment continues to go down due to breakdowns, non-availability of parts and downtime is increasing. Inadequate manpower, supplies and materials for construction, repair and maintenance is resulting into safety issues and declining direct services to our Navajo people at chapter/community level. Need additional manpower to address the safety issue and workload.

OUTREACH AND COMMUNICATION

.

133

Navajo Nation Environmental Protection Agency

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

134

MAJOR ACCOMPLISHMENTS

1. Funding ($2,550,000) under the WIIN Act Year-2 funds to conduct a SJR source tracking study (joint funding agreement with USGS signed), conduct a SJR fish tissue study (contract with TetraTech signed), and continue work on a community communication plan in response to the GKM spill. Also, using WIIN Act Year-1 funds for communication plan. Looking to obtain $120,000 in WIIN Act Year-3 funds to remediate a flowing well in Aneth, UT.

2. Surface and Ground Water Protection Department staffs completed their Gold King Mine spill intense deposition.

3. Navajo Pesticide Program employees with tribal and federal FIFRA credentials conducted eleven (11) For-Cause inspections from September 29, 2020 through October 6, 2020 at agricultural farm locations at and within Shiprock, Hogback, Cudei, New Mexico area for alleged violations of the Navajo Nation Pesticide Act. The inspections were conducted at locations suspected of illegal hemp production activities. The inspections focused on pesticide use and pesticide storage compliance activities. Numerous violations of the Navajo Nation Pesticide Act were documented.

4. The RCRP looks forward to enter into a partnership with two Eastern Agency Chapters (Tseyatoh and Coyote Springs) to apply for the New Mexico Clean and Beautiful Grant. In addition, the program was able to accomplish deliverables that involved issuing 15 NOVs out of 40 compliant forms received for enforcement and compliance.

5. SGWP Department staffs attended the 8 hours HAZWOPER training.

6. The Navajo Nation has incorporated by reference the requirements of the federal Radionuclides Rule into the Navajo Nation Primary Drinking Water Regulations. The Navajo Attorney General's office has certified that these provisions have been duly adopted and are enforceable.

7. PWSS program passed four individuals for water distribution-One and they are: 1. Josh Vachal; 2. Cecily E. Combs; and 3. Floyd Jimme; 4. Lisa Macrio.

135

8. Due to the GKM spill NN Water Quality program and USGS established 25 WQ monitoring guages to collect flow, sediments and metal sample collects along the San Juan River.

9. On March 17, 2021, the Air Quality Control Program held a virtual Public Hearing solely on the revised Proposed Navajo Nation Minor Source Program Regulations, as well as the Draft General Permit for Gasoline Dispensing Facilities and the Draft General Permit for oil and Natural Gas Sources. The goal is to have the reglations presented to our own oversight committee of the Navajo Nation Council, the Resources Development Committee, by the end of the fiscal year, followed by submission to the US EPA for their review and approval.

CHALLENGES

1. Limits to conduct environmental inspections due to COVID pandemic.

2. USACE waived 401 Cert (2020-0092SR) for NNDOT Sanostee Wash bridge project due to passing of the Corp’s February 26, 2021 deadline for “reasonable period of review” from the time Cert application was recieved. Delay in NNDOT paying fee.

3. Delays of NNEPA documents (budgets, 164 documents, etc.) for review and approval.

Project #1: PWSS staff continue to assist with providing drinking water through Navajo Nation Water Access program at the Chapter level.

Project #2: Review and approval with Conditions of the Navajo Alamo waterline project.

OUTREACH AND COMMUNICATION

136

137

138

Navajo Nation Telecommunications Regulatory Commission

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

139

MAJOR ACCOMPLISHMENTS

1- Met with Service providers to discuss potential American Rescue Plan Act funding proposals from each of the service providers. NNTRC is currently working to consolidate projects to ensure funding is utilized in an efficient, fiscally responsible manner.

2- Collaborated with Navajo Nation E-Rate Consortium to pursue E-Rate funding. On February 11th, 2021, the Navajo Nation was awarded $53 million for construction of Fiber/Microwave to ninety Chapter Houses on the Navajo Nation. Working with Fred Brakeman, Infinity communications, this was a monumental success as Navajo Nation was not able to participate in E-Rate for over ten years. The Navajo Nation E-Rate Consortium is currently applying for the remaining twenty Chapter Houses.

3- Met with Service providers who applied and were awarded Rural Digital Opportunity Fund (RDOF) The winners were from a lot of different service providers and we are performing outreach to understand their plan for deployment within their respective territories they won. Some of the winners were: NUMU, Space X – Starlink, Sacred Wind.

4- NNTRC Commissioners have met with T-Mobile as T-Mobile has expressed interest to buildout their network on the Navajo Nation. We are in the initial phase for discussion and look forward to future discussion to go over buildout deployment.

5- NNTRC Commissioners have met with service providers to discuss potential usage of NTIA funding for Tribes. NNTRC is currently vetting proposals in anticipation for the Notice of Funding Opportunity (NOFO) The NTIA Tribal Funding has one-year to utilize the funding, this poses challenges as we need to identify short-term projects which can be completed to meet the deadline.

6- NNTRC is currently working on comments to submit regarding Wireless Emergency Alerts (WEA) NNTRC Believes in complete distribution of these alerts on the Navajo Nation. April of 2020, Emergency Management pushed out the first WEA and we have learned that the alert did not go to iPhone users with our regional service providers. We are finalizing our comments as comments are due to be submitted by April 20th, 2021.

7- NNTRC Submitted comments to the FCC supporting and suggestions for the Emergency Broadband Benefit. This benefit program will provide a $50 subsidy discount, $75 for individuals on tribal lands. This is a temporary program to provide relief to those who were affected by COVID-19 with loss of employment and individuals who are currently enrolled in Lifeline. This program has not released when this program will begin. We have met with service providers who expressed interest in participating in this program. Once details are available, we will work with leadership to get the information distributed to the public. 140

Navajo Nation Veterans Administration

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

141

MAJOR ACCOMPLISHMENTS

1. The NNVA was able to get several different pieces of legislation to Council or Committee. Starting with CMA-13-21, extending the Continuing Resolution for the NNVA and the Veterans Trust Fund to 100% of FY20 funding levels. 27-21 was sent to RDC and amended, then forwarded to HEHSC to adopt the new Veterans Housing Program Policy, Home Improvement Policy, and NNVA Housing Action Plan. Legislation 52-21 was sent to RDC and passed with no amendments. It is a Title II amendment correcting errors in the Code that negatively impact the Veterans Housing Program and its ability to operate in 2021. Legislation 63-21 has been considered by HEHSC and had been sent to BFC without amendment.

2. The new housing policies have been approved, as has the housing action plan for the NNVA.

CHALLENGES

1. The policies have been modified without concent or concurrance by the NNVA and the NNVAC. The changes negatively impact the program and how it moves forward.

142

Navajo Nation Washington Office

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

143

MAJOR CHALLENGES

NNWO Building Acquisition - On March 26, 2021, the Navajo Nation Washington Office (NNWO) received the keys to 11 D St SE - the future office site of NNWO and home of the Navajo people in Washington, DC. This is a historic acquisition for NNWO and the Navajo people since this is the first time the Nation has purchased property in Washington, DC. NNWO began this journey during the fall of 2019 with over 100 properties. After several months, NNWO, working with Navajo leadership, was able to narrow down its selection to this 3,728 sq. ft., two-unit-two- story mixed used dwelling with office including a residential detached carriage house that could serve many functions. Though much work lies ahead to get this building (and our offices) fully functional, this acquisition represents a major milestone and accomplishment for NNWO and the Navajo people. Thank you again to our legislative Sponsor, Honorable Wilson Stewart and Co- sponsor, Honorable Rickie Nez, and members of the 24th Navajo Nation Council, President Nez, Vice President Lizer, and the Division of Natural Resources for making this acquisition possible.

NNWO Website - On March 19, 2021, NNWO launched its new website after months of months of planning, designing, and draftign web content. At our new website, you will be able to meet members of our team, learn more about our work and issues important to the Navajo people. This project lasted over 6 months and could not have been possible without the leadership and determination fo Alex D. Yazzie and the Navajo Nation Department of Information Technology. We love our new website and hope you like it too!

In late February, NNWO welcomed two new Government and Legislative Affairs Associates:

Calvert Curley - Congressional veteran, Mr. Calvert Curley served 16 years in the Honorable Tom Udall’s office in both the U.S. Senate and House of Representatives. He is Tódik'ǫzhi and born for Tábąąhá. His maternal grandfather is Honágháahnii and his paternal grandfather is Tséńjíkiní. Originally from Oak Springs, Cal grew up in the Fort Defiance and Window Rock area. Cal holds a Bachelor of Social Work from Western New Mexico University and prior to working for Senator Udall, he served the Navajo Nation Division of Social Services as a Child Welfare Administrator. Cal will head up the following policy portfolios: EPA/Environment, Health, Social Serives, Uranium, and Veterans. Cal is currently working out of Window Rock, and will be relocating to Washington, DC later this year.

Michael Lewis - After earning his Juris Doctorate from Brigham Young University, Michael spent several years working for a consulting firm in Los Angeles (where he also managed to

144

make his way onto the set of at least one television show to do some background work) before returning to his hometown of Washington, DC, where he is admitted to practice law. In addition to his legal experience, he also spent a year as adjunct faculty at Snow College in Ephraim, UT teaching American government and economics courses. Michael will handle Economic Development, Education, Gaming, NAPI/NIIP, Natural Resources/Agriculture, and Taxation. Outside of work, Michael’s true passion is studying languages and travel. Every year he helps organize a film festival to promote short videos made entirely in the Navajo language. Michael has worked or studied in Japan, Bolivia, China, Guatemala, and Canada.

Pursue and continue to address the uranium clean-up process: On Wednesday, March 24, 2021, President Jonathan Nez testified before the House Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, on "Examining the Need to Expand Eligibility Under the Radiation Exposure Compensation Act". NNWO supported the President by working with Navajo Department of Health and the Navajo Environmental Protection Agency to prepare his written testimony. NNWO also prepared his oral testimony and facilitated his participation by working with Subcommittee and Committee staff. His participation was instrumental in educating new Members and Committee Members on RECA-related issues.

Evaluate the current water infrastructure projects on the list: On Wednesday, March 24, 2021, Jason John testified before the Senate Committee on Indian Affairs, on "Building Back Better: Water Infrastructure Needs for Native Communities". NNWO helped facilitate Mr. John's participation by working with Committee staff. His participation was instrumental in educating new Members and Committee Members on water infrastructure issues.

Policy and Funding: Developed the Navajo Nation's FY2022 appropriations request which outlines Federal programs and services critical to serving the Navajo people. Budget requests were made to the following Federal Departments/Agencies: Environmental Protection Agency, Department of Health and Human Services, Department of Housing and Urban Development, Department of Interior - Bureaus of Indian Affairs and Indian Education, Department of Transportation, Department of Veterans Affairs, and the Office of Navajo and Hopi Indian Relocation. Our request was shared with Congressional leadership and Congressional Members representing the Navajo Nation: Sen. Martin Heinrich, Sen. Ben Ray Lujan, Sen. Krysten Sinema, Sen. Mark Kelly, Sen. Mitt Romney, Sen. Mike Lee, Rep. Teresa Leger Fernandez, Rep. Yvette Herrell, Rep. Tom O'Halleran, and Rep. John Curtis.

Review Economic Development, i.e. Federal Policy, Stimulus Policy Change: Reviewed two comprehensive legislative packages: 1) Coronavirus Emergency Response and Relief Act, signed into law on December 27, 2020; and the American Rescue Plan Act of 2021, signed into law on 145

March 11, 2021. NNWO briefed and reveiwed both laws for tribal-specific provisions. To the extent possible, NNWO also provided guidance and information to Divisions and Departments, as requested.

Missing and Murdered Indigenous Women: During March 2021, NNWO coordinated meetings with Navajo Nation stakeholders including the Office of the First and Second Ladies, Navajo Nation Council, Navajo Nation Division of Public Safety, Navajo Nation Judicial Branch, and several other Divisions to participate in a series of 90-minute teleconfernces to respond to questions put forth by the General Accountability Office (GAO). The purpose of these conversations was to help the GAO collect information and data for a report they will be submitting to Congress.

Advocate and Review - Transportation & Road Infrastructure: On March 30, 2021, NNWO released the long awaited Transportation White Paper, Dine Atiin Bahane: Navajo Road Emergence. In this White Paper, we provide an overview of Navajo's transportation system and the unique successes and challenges the Nation encounters. The Transportation concludes with seven requests and corresponding solutions the Federal government ought to consider. The White Paper was shared with the White House, Department of Transportation's Secretary Buttigieg and his team, and Congressional members.

CHALLENGES

NNWO continues to be short staffed. NNWO submitted Vacancy Announcments to DPM but due to staffing issues at DPM, they were not processed timely resulting in advertising and hiring delays. Moreoever, the Navajo Nation Council eliminated two positions at NNWO in December which disrupted our work, confused staff, and devasted our work environment and atmosphere. Later, the Navajo Nation restored the abolished position but confused OOC, DPM, and our newly hired employee. After weeks of not receiving a paycheck, the employee resigned. Staff are exhausted from the extra work needing to be done but are persistent. Similarly, management is unable to carve out time to plan or further develop internal processes and procedures at NNWO. Inadequate staffing (e.g. no third G&L). NNWO has one vacant Government and Legislative Assistant position. This person handles the following policy portfolios: Energy, Housing/Community Development, Navajo-Hopi, Public Safety, Telecommunications, and Transportation. This is a critical position especially when considering the amount of attention and focus Congress and the Biden-Harris Administration is putting on these areas. No P-Card, no experienced or well-trained financial staff, and no/limited administrative assistance to process paperwork. Staff have had to complete ordinary work at a much slower 146

pace due to having to carry out various administrative tasks on their own. Moreover, staff must purchase items to conduct their work which strains their personal finances. On occasion, receiving input on appropriations, comment letters, and policy issues can be cumbersome due the lack of knowledge, training, experience, or authority.

147

Navajo-Hopi Land Commission Office

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

148

MAJOR ACCOMPLISHMENTS

Navajo Thaw Implementation Plan

Project Purpose To develop and implement ten Chapter Recovery Plans and one Navajo Thaw Regional Plan to address the impacts of the Bennett Freeze and Forced Relocation. The Community and Economic Development Plans will create a sustainable economic future while providing funding for priority housing, economic development, community development and infrastructure projects.

The activities being performed by the Native Builders Team for the Navajo Hopi Land Commission Office (NHLCO) can be categorized three ways: 1) Ten Chapter Recovery Plans, 2) the Navajo Thaw Regional Recovery Plan, and 3) Implementation of all Planning Activities.

Ten Chapter Recovery Plans: All the work to complete the ten Navajo Thaw Chapter Recovery Plans was completed prior to October 1, 2020. Each of the plans, however, remain “open” to additional feedback and input by Chapter Officials and Chapter Steering Committee Members. The status for each of the Chapter Recovery Plans and the efforts by the Chapters are summarized in the dashboard below.

With the November 2020 elections, the Navajo Thaw Support Team is now providing Navajo Thaw Chapter Orientation sessions for each of the ten Chapters to bring new Chapter Officials 149

up to speed on the efforts and benefits of the Navajo Thaw. Three of those orientation sessions were provided in December 2020.

REGIONAL RECOVERY PLAN The Navajo Thaw Regional Recovery Plan was completed in the summer of 2020 and is poised for implementation. The plan calls for a $4 billion investment in three phases over ten years to address the Bennett Freeze and Forced Relocation eras of Navajo Nation/US history.

The Regional Recovery Plan is posted on the www.navajothaw.com website and is available for review and download. In addition, the plan has been presented to Navajo Nation Officials as well as Members of Congress and/or their representatives.

Phase One of the Recovery Plan calls for a $200 million investment over 2021-2022. The Navajo Thaw Support Team recommends that this funding request be presented to the Biden Administration and the Arizona Congressional Delegation in January 2021.

A copy of the Navajo Thaw Regional Recovery Plan was presented to President-elect Joe Biden by Navajo Nation President Jonathan Nez in Phoenix in October 2020.

IMPLEMENTATION OF ALL PLANS Implementation of the Regional Plan and the ten Chapter Recovery Plans is underway.

The Navajo Thaw Support Team is asking each of the ten participating Chapters to pass a resolution to identify a project for implementation. Although the pandemic has disrupted such Chapter-based decision making for most of the Chapters, the Support Team has been able to identify projects for implementation through grant writing and project advocacy. A summary of projects and efforts underway is provided below.

Tolani Lake Enterprises (TLE) Covid Relief Project The Navajo Thaw Support Team collaborated with TLE and local advocates for food and water security to secure $3.46 million from the Navajo CARES Act Fund for the development of: 1) 10 wells that have been completed or are in progress serving four Navajo Thaw Chapters, 2) 94 water catchment systems have been installed in 29 communities, 3) 232 water filtration systems have been provided to families in 31 communities, 4) six Hoop Houses have been built to distribute food to families in need across the

150

region, 5) five water delivery trucks have been purchased to deliver water to remote, and 6) comprehensive drinking water analysis have begun for 16 identified water sources.

The project has been a significant success, and a request is being made to the Nez-Lizer Administration and the Navajo Nation Council to extend this project into 2021 given that Congress has extended the CARES Act funding.

Business Assistance for Navajo Entrepreneurs (BANE) Project The Navajo Thaw Support Team successfully applied for a $150,000 USDA Rural Business Development Grant (RBDG) grant in collaboration with Moonshot at NACET. This project is assisting Navajo businesses and entrepreneurs with business planning and entrepreneurial support services. Given the impacts of the pandemic, the first phase of the project is to create a videotaped curriculum of programming.

Envision Cameron Project The Navajo Thaw Support Team successfully applied for a $215,000 federal grand award through USDA Rural Development to establish the Envision Cameron project. This project consists of placemaking and planning activities to create a vision for the future of Cameron extending through 2070. A major focus for Cameron will be the planning and development for new housing in the immediate term. The project builds upon some of the planning expertise completed on the Navajo Nation by Swaback Partners, an architectural and placemaking firm.

Pending Grant Proposal to Abandoned Mine Lands Program The Navajo Thaw Support Team submitted the only 2020 grant proposal to the Navajo Nation Abandoned Mine Lands grant program. The $3.33 million grant request would support four projects: 1) Veterans Housing Manufacturing/Kerley Valley Industrial Park, 2) Cameron Lodging and Tour Center, 3) Kaibeto Commercial Development Project, and 4) Coppermine Trading Post.

CHOICE Humanitarian Relief Effort CHOICE Humanitarian, an international non-profit, has teamed up with the Navajo Thaw to deliver food and household supplies directly to the doors of the people in the Navajo Thaw Region—all 10 Chapters. They see this as the first of a long-term commitment to bring Relief/Resiliency/Enterprise to the region.

151

Technical Amendments The effort to advance the Navajo Technical Amendments Act (NTAA) predates the development and activities of the Navajo Thaw. With the Navajo Thaw Regional Recovery Plan calling for: 1) a $4 billion, ten-year, three-phased investment in the Navajo Thaw Region and 2) the Repurposing of ONHIR, it is timely to review the proposed language in the NTAA to ensure conformity/consistency of messaging.

A Tribute to Thomas Tso Thomas Tso, President of Native Builders LLC passed away Friday, January 22, 2021. In January of 2015, Tom and Brian Kensley formed Native Builders LLC. The primary purpose of the company was to develop and implement a plan that would finally address the impacts of the Bennett Freeze.

Tom was very proud of his company. He would explain the purpose of the Native Builders logo. He would explain that although everyone at Navajo wanted to have a better life, everyone would “just go around and around in circles.” Tom would continue that there needed to be a direction as represented by the arrow. He would also say that we needed to have good fortune, as represented by the feather.

We know that Tom is still listening. We know that he is still encouraging. And Tom, we are going to Thaw the Freeze for you – and for Colbert and for Darrell. We love you, buddy.

New Chapter Officials Highly Engaged with Navajo Thaw The Navajo Thaw Support Team has been Chapter Orientation Session very pleased with the engagement of new Bodaway Gap Monday, February 1, 2021 Chapter Officials throughout the Navajo Cameron Friday, December 11, 2020 Thaw Region. While new Chapter Officials Coalmine Canyon Monday, January 25, 2021 are learning the basics of Chapter operations, Coppermine Friday, January 29, 2021 they are finding that the Navajo Thaw serves Kaibeto Monday, February 8, 2021 to provide additional capacity for their top Leupp Friday, December 18, 2020 community and economic development Tolani Lake Friday, December 18, 2020 priorities. Tonalea Not Yet Scheduled Tuba City Not Yet Scheduled A Navajo Thaw orientation session has been Nahata Dziil Monday, February 1, 2021 offered to all 10 participating Chapters. The table indicates when the orientation sessions were delivered.

Navajo Thaw Technical Team

152

The purpose of the Technical Team is to provide the technical capacity so that the plans developed by our contractor, Native Builders LLC, would be implemented.

In January/February of 2020, once again the NHLCO was informed by NHA that “the purpose of these funds managed by NHA is for the Navajo Thaw.”

The funds now managed by NHA were transferred to NHLCO several years ago but then were transferred back to NHA. NHLCO is now ready for the utilization of these funds, and the NHLCO is requesting that the original transfer from NHA be re-established so funding can be utilized for the Navajo Thaw project as agreed upon.

2. Bisti Solar Project: The project developers (NEXTERA) are preparing for another RFP submission to Public Service of New Mexico after not making the first RFP submittal to PNM. Other options are being explored which include ASU and NTUA.

3. Technical Amendments: NHLC and Hobbs, Straus, Dean & Walker continue to have a dialogue for finalizing the key points. The last addition for an issue to be included, is to have Office of Navajo Hopi Indian Relocatee to take on the oversight of the Former Bennett Freeze recovery. If, funded by Congress.

4. De-selection and Re-selection of Lands: Public Law116-9 John Dingell, Jr. Conservation Management, and Recreation Act was signed into law on March 12, 2019 which cancelled (de-selected) 4234 +/- GIS Acres of land within the Paragon Ranch area of San Juan County in New Mexico. This ACT cancelled (de-selected) lands selected by the Navajo Nation to be conveyed to Trust under the Navajo and Hopi Land Settlement Act of 1974, as amended. The de-selected lands were selected but never conveyed to Trust because they were cover by Preference Right Land Applications (PRLAs). The Navajo Nation has seven (7) years after the enactment of this Act, no later than March 11, 2026, to re-select lands. The Navajo-Hopi Land Commission Office has met with Farmington BLM field office on the acreage and boundaries. BLM would like the Navajo Nation agree on the acreage before initiating the appraisal of the cancelled (de-selected) lands, the re-selection of lands will be value for value based on the appraisal.

5. Tuba City Navajo-Hopi Land Commission Office Ø Telephone lines installed. Ø Internet capacity not feasible by Navajo DIT. Need to look at other vendors. Ø Computers and other equipment purchase in progress.

153

CHALLENGES

1. Navajo Thaw Requests for Navajo Housing Authority to keep the commitment to provide funding for the technical planning, have fallen on deaf ears. In light of the administration’s situation at NHA, a firm answer to be arrived at is not expected. Nevertheless, NHLCO and Native Builders are hopeful that the current interim administration can find a way to transfer the funds to NHLCO.

2. FY2021 Budget: Ø NHLCO submitted Unmet Needs Budget and seeking support for funding and seeks additional positions to administrate Dine’ Fund Policy upon its approval by the Navajo-Hopi Land Commission.

3. Dine Relocatee Fund Policy: Ø Need support from NHLC and OOC to approved the policies and to establish business units or accounts to administrate the funds. Ø Schedule meeting with Office of the Controller (OOC), Mr. Robert Willie to make sure that an amount is identified for administrating the Dine’ Relocatee Fund.

4. Bisti Solar: Ø The project has stalled. The project didn’t make the shortlist for Public Service of New Mexico’ RFP thereby make this project not having a customer to purchase the power.

5. FBFA Escrow Funds: Ø Lack of capacity at the chapter level Ø No funds for labor cost

OUTREACH AND COMMUNICATION

The Pandemic has limited interaction with all parties for face-to-face meetings. Especially the Navajo Nation Chapters that are affected by the Relocation and Bennett Freeze. Interaction by teleconference is limiting staff and client interaction and not very productive, but nevertheless NHLCO staff use this communication for work.

154

155

156

157

Office of Hearing and Appeals

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

158

MAJOR ACCOMPLISHMENTS

1. The Office of Hearing and Appeals (OHA) is an office under the Office of the President and Vice President. OHA is located in the Navajo Nation Training Center on the West End. Presently there are three (3) permanent staff on board and one (1) staff awaiting 90 days probation. One (1) other position is on hold. Hearings are conducted by this office for various departments that have made agreements with OHA on Procedures and Policies of hearings. The Hearing Officers have cases that will get complicated and go through a lengthy process that parties to a case want to utilize to have their cases heard. This program cannot be involved in a lot of activities due to those who will see it as a conflict of interest or taking sides. We have to be very neutral.

159

Office of Management and Budget

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

160

MAJOR ACCOMPLISHMENTS

1. Navajo Nation FY 21 Budget. OMB worked with OPVP and other Branches on the legislation/resolution CF-11-21 to amend the FY 21 budget by appropriating $15.9 million from the UUFB and unexpended general fund balance to restore funds line-item vetoed in the FY 21 budget in December, 2020. A total of 46 new budgets were reviewed, processed and finally enacted by the Navajo Nation Council. Six allocations were again line-item vetoed. Much work was done by OMB to do this because the Branch offices kept adding more budgets to the legislation even up to the point of enactment. • The Navajo Nation Veterans Administration (NNVA) “continuing resolution” budget was extended from the 2nd quarter through the 4th quarter using the FY20 budget level. This causes a problem because the FY 20 level is higher than the FY 21 available fund.

2. CARES Budgets. The OMB worked with the Navajo Nation Council, OPVP, NDOJ, OOC and Divisions on completing and handling the $714 million received by the Navajo Nation. Twenty-three (23) budgets were set up and administered. The Special Duty Pay and Hazard Duty Pay were difficult to implement and budget for because of the listed requirements. All unexpended amounts were transferred to the Hardship Assistance Fund to go to individual Navajos. Additional information at B. 2., of this report.

3. Navajo Area IHS contracted program. The HEHSC directed the health programs to reduce business units and zero out and close “dated” contracts. This quarter, OM/CGS and IHS contracted programs are starting to reconcile amounts. The OMB, OOC and NDOH are on the same page and ready to move forward on how to carry forward funding. The parties involved will ensure Programs comply with FY 2014 BIPM, Appendix R, Section V.I., i.e., Business Units prior to FY 16 will carry-forward the monies to FY 16 (with the old CFDA number). For FY 17 and after, Programs will FIFO (First in First Out) amounts using OOC’s established guidelines.

4. Calendar Year 2021 Navajo Area Indian Health Service contracts. During the first quarter the Successor Annual Funding Agreement (SAFA) were completed and all three contracts were awarded. CGS and DOH will continue to ensure that NN health goals, issues, and needs are met in FY 21.

5. P.L. 93-638 Bureau of Indian Affairs. All BIA ‘638 contracted programs, except for Housing Improvement Program have been awarded.

161

6. Indirect Cost (IDC). The FY 21 Indirect Rate Proposal. As of September, 2020, the Nation has contracted with Bret Schlyer, MGT Consulting Group, on calculating the FY 2021 to 2024 IDC rate proposals. CGS/OMB provided the NN data to Mr. Schyler. OMB, OOC and NDOJ has been meeting and submitted draft to Mr. Schlyer on April 9, 2021.

7. The $714 million CARES funding for remediation of COVID-19 effects was budgeted and 60% was expended by December 30, 2020, the deadline. The remaining balance of $280 million was put into the Hardship Assistance fund which is now being dispensed to eligible Navajo individuals.

8. The Nation's latest approved IDC rate is 18.7% for FY 2020. A professional services contract between the Navajo Nation and MGT Consulting Group of Tampa, FL, was executed and a notice to proceed was issued on September 18, 2020. MGT will prepare the Nation's IDC rate proposal for IDC rates for FY 2021 through 2024. OMB, OOC and NDOJ has been meeting with MGT representative, Bret Schyler, and the first “draft” deliverable on the IDC rate should be available by April, 2021.

9. The Procedure on Budgeting and Administration of Externally Restricted Funds (ERG) which is Appendix L of the FY 2021 BIM. During the second quarter, OMB/CGS assisted NDOJ with the policies/procedures of ERG. Certain highlights: a. FY 2021 IDC projected recover of $22.5 million which is the same as FY 2020. b. Programs that operate with grant funds that require match, the total cash match need was $7,540,432 on 19 grants, $3.8 million was considered for appropriation by the Council. c. Reviewed anticipated budget (funding) reported by programs on NN Budget Forms 1 and 6, CGS entered the budget information into the FY 21 database, this information was shared with the Branch Chiefs, Oversight committees, Budget & Finance, Nabik'iyati and Navajo Nation Council during the FY 21 budget hearings. d. It is anticipated a final draft will be completed during the third quarter and a final copy will be ready for review by the Executive Branch and legislators.

CHALLENGES

1. The COVID-19 pandemic and government closure and restrictions continue to hinder work and output. This situation continues.

162

2. US Treasury CARES Act. All Business Units with balances were reallocated to Hardship Assistance, Account K201520 from December 2020 to February 16, 2020. However, OOC completed entries that were added back to several BUs: K201503 ..506 ..509 ..510 ..512 ..514 and K201414, these have balances. CGS completed a Summary of Change but has concerns and wants to meet with OOC before budget transfer can take place. The CARES funding had rigid timelines ending December 30, 2020, with certain expenditure plans set for final expenditure on November 20th, December 14th, and December 28th.

3. US DOJ Grants. Last quarter OMB/CGS reported that that due to Audit Report No. GR- 60-15-015 of September 2015 conducted by Office of Inspector General (OIG) the Nation has been put on “high risk”. Now several US DOJ Grants have a “frozen” account on the Grant Management System (GMS) because the Nation is not in compliance, therefore, the Nation is unable to drawdown funds from GMS. There’s no update during the second quarter; however, US DOJ is using a new data base called “Just Grants”. This is to ensure the Nation complies with US DOJ and if there’s a non-compliance, then the Nation will not receive funding. As of March, 2021, programs are starting to use this portal to apply for grants and submit their reports. CGS will provide an update during the next quarter.

4. The Nation owing P.L 93-638 IHS Contract Support Cost (CSC) Funds. The CGS/OMB reported this during the first quarter. This issue goes back to 2019, a brief history, the Nation was informed by IHS regarding over payment of CGS funds in the amount of $1,714,857. The Nation responded to IHS in June, 2019, in which the Nation request for additional time to research. The CGS/OMB met with Navajo DOJ on October 3, 2019 and was advised not to respond to Navajo Area IHS request, instead the Nation should ask for IHS calculations. In addition, DOJ’s outside counsel requested for additional documents, CGS provided documents related to CSC for FY 2013, 2014, 2016 and 2017. CGS/OMB does not have an update during this quarter.

5. The FY 21 budget development was done over a short period of time starting in July, 2020 and completed in September; however, a continuing resolution was put in place in November, 2020. OMB worked evenings, weekends and telework to help the Council, oversight committees, Branch Chiefs and Navajo programs to complete the Navajo Nation comprehensive and CR budget. This was done with the presence of the COVID-19 pandemic and Navajo Nation government shutdown.

6. Further, the line-item vetoed portions of the FY 21 budget was re-appropriated in in March, 2021, via resolution CF-11-21. $15.99 million was allocated and six (6) allocations were line-item vetoed again. Much work was done by OMB to do this because the Branch offices kept adding more budgets to the legislation. 163

PROJECT #1: 2 NNC § 164, Document Review Process. OMB in January, 2021, provided a paper outlining problems and recommendations to OPVP. The issue was revisited by Office of Legislative Counsel, NDOJ, OPVP and OMB. It is hoped that the parties involved will have some developments during the second quarter. Nonetheless, the Executive Orders issued by the former President Shelly in 2013 and amended in 2018 is still in place and the Executive Orders are continuing to be subject to each branch’s procedural interpretations.

164

Office of Miss Navajo Nation

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

165

MAJOR ACCOMPLISHMENTS

1. Program Improvement: The Department of Personnel Management has finalized the Designation of Sensitive status for all OMNN's employment positions on March 3, 2021. This change status allows the department staff to handled confidential data information that is associated with the Pageant Candidate Application. This is significantly important because it addresses a Program deficiency, and it establishes accountability in handling and mangement of records.

2. Program Accomplishment: The Office of Miss Navajo Nation started recruiting the Pageant Committee Members for the virtual 2021 Annual Miss Navajo Nation Pageant. A preliminary Pageant Week schedule was provided to OPVP. OMNN also started the solicition letters for financial contributions and donations, with all proceeds designated for Pageant activites such as Contestants' meals and lodgings. Miss Navajo Nation is completing design graphics for the Candidate Recruitment poster. Recruitment Campaign goal is to distribute to 110 Chapters, Navajo Nation Enterprises, Arizona & New Mexico Colleges/Universities, monthly publications with , & Gallup Independent, and Navajo Nation Programs/Departments/Divisions.

3. Program Improvement: The Office of Miss Navajo Nation is working with Navajo Department of Justice (NDOJ) to established the current Miss Navajo Nation Logo or Decal for an exclusive Copyright as official use, and not for public doman's use. NDOJ has advised our office to register the current Miss Navajo Nation Logo or Decal with U.S. Trademark Registry. It is currently being analyzed with search results, and will take approximately 2-3 weeks to complete the official registry. This is highly significant because a trademark logo sets the foundation for product sales of goods and services to general consumers.

4. Program Improvement: The Office Specialist position became vacated on March 17, 2021. OMNN revised the Job Vacancy Announcement (JVA), and Position Classification Questionaire {PCQ) to ensure the job description are relevant and concise with actual duties and responsibilities for the position. JVA is designed to motivate in recruiting individuals' with skills and knowledge of Navajo Culture, and Navajo language speaking abilities. The selected candidate will need to complete a suitability determination for Background Check and Adjudication prior to employement offer.

166

5. Program Improvement: The Office of Miss Navajo Nation presented before the Motor Vehicle Review Board {MVRB) to request for 2 modifications for the assigned tribal vehicle unit. MVRB approved both requests, which are authorization for overnight parking at Miss Navajo Nation's and OMNN staff residential as needed, and overall window tinting of vehicle.

6. The Office of Miss Navajo Nation continued to be proactive regarding the finalization of the Amendment Plan of Operations. OMNN attended all scheduled zoom work sessions as scheduled by the Health Education and Human Services (HEHSC) Committee. The HEHSC has honored NABl's request to obtain inputs and recommendations from the Miss Navajo Nation Council, Inc. comprised of former Miss Navajo Nations. The Legislation to Amended the Plan of Operation is still active and being legally reviewed by the Legislative Counsel, and scheduled for a final worksession by HEHSC.

7. The Office of Miss Navao Nation is working with Navajo Department of Justice (NDOJ) to established the current Miss Navajo Nation Logo or Decal for an exclusive Copyright for our office. NDOJ has advised to register the current Miss Navajo Nation Logo or Decal with U.S. Trademark Registry. It is currently being analyzed with search results, and will take approximately 2-3 weeks to complete the official registry. This is highly significant because a trademark logo sets the foundation for product sales of goods & services to general consumers.

8. The Office of Miss Navajo Nation started recruiting the Pageant Committee Members for the virtual 2021 Annual Miss Navajo Nation Pageant. OMNN also started soliciting for financial contributions and donations for the 2021 Miss Navajo Nation Pageant. OMNN is receiving favorable responses from Navajo Nation Enterprises, and local business owners.

CHALLENGES

1. The Office of Miss Navajo Nation needs additional funding for the remainder of fiscal year 2021, for Program Operations, Miss Navajo Nation Projects that in progress, and the virtual 2021 Annual Miss Navajo Nation Pageant activities. Additional funding would significantly aid our office in meeting the reigning Miss Navajo Nation's platform goals and initiatives, and procurement of office operating supplies, and promotional materials for the pageant.

167

Project# 1: Navajo Nation President Jonathan Nez and Vice President Myron Lizer established the Dine Nihik'er NihW Nasdlli' Work Group to provide guidance to Navajo Nation entities on the increasing number of cases of missing Navajo people, murders, domestic violence, suicide rates, and other related social ills. Miss Navajo Nation Shaandiin Parrish was appointed to the work group on October 27, 2020 and has provided her insight as a Navajo woman in the millennial generation, a former college student, a former Arizona ambassador, and in her current role as the ambassador of the Navajo Nation. Miss Navajo Nation Shaandiin Parrish also brings a unique perspective on these topics because she has prior work experience with the legislative and executive branches of the Arizona government, and she has a degree in political science from Arizona State University.

OUTREACH AND COMMUNICATION

168

Office of Navajo Public Defender

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

169

MAJOR ACCOMPLISHMENTS

Duties:

Provide criminal defense representation to indigent clients, adults and children, in 13 district/family courts plus the Supreme Court. Clients include at risk youthful offenders, adults suffering from addictions, mental illness, PTSD (Post Traumatic Stress Disorder), traumatic brain injury, domestic violence and the like. Work diligently to assist the clients and sometimes their families to obtain treatment, counseling services, etc.

Work Performed:

The above duties were performed up until offices were closed March 16, 2020. However, at present, Practitioners participate telephonically to represent clients in arraignments, motion and bail hearings, and federal detainer hearings.

ONPD staff represented two (2) individuals in the Navajo Nation Supreme Court. Cases were successfully argued obtaining relief for clients who were released from detention

CHALLENGES

The number one major challenge is the lack of sufficient staffing, besides the Director, there are only 3 attorneys and 2 court advocates, to serve clients with diligent and quality service in a timely manner. Cases have been continued because of the COVID-19 shut down and inability to meet with or represent clients in their hearings. Clients are also remaining at home during this period.

Three positions are vacant at present with only five (S) full time practitioners who work in fourteen {14) courts across the Navajo Nation. Because of the shutdown, there are some courts who have continued cases and there is also a limited number of prosecutors who are handling cases by phone. Public Defender staff have provided contact information to court staff and are also working part time in the office.

ONPD clients are having difficulty obtaining mental evaluations and counseling from Behavioral Health Services. Residential treatment can sometimes be obtained off reservation depending on availability and assistance from Behavioral Health and Probation Services.

170

171

Office of the Navajo Tax Commission

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

172

MAJOR ACCOMPLISHMENTS

1. ONTC collected over $20 million in tax revenue during the 2nd Quarter of FY 2021.

2. Healthy Dine' Nation Act (HDNA) of 2014 was amended by NNC and signed into law at the end of 1st Quarter and implemented by ONTC in the 2nd Quarter of FY 2021.

3. Submitted proposed amendment to the Sales Tax Statute to sponsor Jamie Henio, Chairman, BFC. Amendment is proposing increase to the range of tax and other updates and clarification to assist in the administration of the Sales Tax.

4. Submitted proposed amendment to the Uniform Tax Administration Statute (UTAS) to sponsor Jamie Henio, Chairman, BFC. Amendment is proposing updates to UTAS to clarify and provide update for the administration of all Navajo Nation Taxes.

5. ONTC provided the FY 2022 Tax Revenue Projections to the Office of the Controller.

CHALLENGES

1. ONTC Principal Accountant resigned in January 2021 and attempting to promote a staff within ONTC and the DPM assessment has not been provided for the application submitted.

2. The Navajo Tax Commission currently does not have quorum. Awaiting for OPVP to make appointments for three Navajo Tax Commission positions.

Project #1: At the Executive Branch Strategic Session December 2019, teams were created and I was assigned to the Finance Work Group. Only one meeting was held in January 2020. No meetings held during the COVID-19 pandemic.

Project #2: Economic Recovery Work Group created in August 2020. Work group has been meeting weekly by WebEx starting in September 2020 to current. Vice President Lizer is heading this work group.

173

174

Office of the Controller

SPRING COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

175

MAJOR ACCOMPLISHMENTS

1. OOC timely submitted CARES expenditure reports to the US Treasury for 10/13/20 - 90 Pages, 1/11/21 - 294 Pages, and 4/12/21 - 284 pages. The next reporting deadline is 6/30/21. Overall, $382,873,057 of CARES funds was expended in a 4-months. This is a major accomplishment given our office continues to be underfunded and not taken seriously. OOC processed and paid $43.1 million in payroll, $97.5 million in ACH payments in the 2nd quarter. Furthermore, OOC monitors over $681 million in grant funding (4,000+ active grants) and $6.9 billion ($5.5 L-T and $1.4 S-T) of invested assets.

2. OOC Staff continue to assist and comply with the FY2020 Single Audit. Follow up emails were sent to programs to provide samples to Moss Adams. OOC anticipates Moss Adams to meet with Programs on the Pre-exit meetings on the findings identified. The Single Audit will be wrapping up this week.

3. OOC completed Revenue Projection for the upcoming 2022 fiscal year and will continue to establish online services to minmize employee exposure and ensure a safer working environment.

4. OOC provided, and will continue to provide, CARES compliance consulting and guidance to entities and programs throughout the Executive, Legislative, and Judicial Branch.

CHALLENGES

1. Numerous documents are were being submitted after deadlines. In certain cases, OOC was pressured to process last minute submittals or after the deadline. OOC did not process to ensure compliance to the Nation’s Procurement Regs and/or Federal law. Similar to the Fiscal Year End Closing, during the CARES encumbrance deadlines there were numerous contracts requesting for processing on the day it was due. Several programs had received their funding in advance and had sufficient time to submit their contracts. This led to program complaints that OOC was the issue when in fact these documents were submitted late, had issues, or they were submitted after the deadline. OOC Purchasing is still receiving after-the-fact contracts and requisitions to orders that the programs already received the goods. These are additional liabilities for the Nation.

176

2. Our office continues to ensure compliance of federal funds with leadership, division directors, and chapters. As of March 31, 2021 the Nation's Grant had a balance over $681 million and continues to grow year over year. This trend indicates programs, which is the majority of all active grants, are not spending their external funds. Most divisions, departments and programs need to know internal controls, the Procurement Policy, Uniform Guidance, Navajo & applicable laws, FMIS capabilities and features, and processes. Various programs, internally or externally, that entered into aggreements (e.g. subrecipients) are simply not aware of or following the agreement requirements.

3. With limited OOC staff and resources most of the section’s workload this quarter has been processing volumes of Special Duty Pay, Hazard Duty Pays, GWA’s, Payroll automation, RDP’s, Budget Revision Requests, and Annual Financial Reporting. Despite the current issues with processing the SDP forms include no budget available and incorrect amounts requested which have been at the very high end of the request above 20% of their annual compensation plus meeting the initial due dates, which were recently extended.

OUTREACH AND COMMUNICATION

177