Executive Branch First Quarterly Report 2021

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

EXECUTIVE BRANCH FIRST QUARTERLY REPORT

WINTER COUNCIL SESSION JANUARY 2021 NAVAJO NATION OFFICE OF THE PRESIDENT AND VICE PRESIDENT

WINTER COUNCIL SESSION 2021

TABLE OF CONTENTS PAGE NO.

I. Department of Diné Education 2 II. Department of Human Resources 42 III. Diné Uranium Remediation Advisory Commission 47 IV. Division of Community Development 50 V. Division of Economic Development 62 VI. Division of General Services 77 VII. Division of Public Safety 82 VIII. Navajo Department of Health 92 IX. Navajo Division of Social Services 100 X. Navajo Division of Transportation 110 XI. Navajo Gaming Regulatory Office 116 XII. Navajo Nation Department of Justice 119 XIII. Navajo Nation Division of Natural Resources 126 XIV. Navajo Nation Environmental Protection Agency 158 XV. Navajo Nation Telecommunications Regulatory Commission 163 XVI. Navajo Nation Veterans Administration 165 XVII. Navajo Nation Washington Office 167 XVIII. Navajo-Hopi Land Commission Office 171 XIX. Office of Hearing and Appeals 177 XX. Office of Management and Budget 179 XXI. Office of Miss Navajo Nation 184 XXII. Office of Navajo Public Defender 188 XXIII. Office of Navajo Tax Commission 191 XXIV. Office of The Controller 194 1

Department of Diné Education

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

DODE programs continue to work with HCOC and OPVP on matters related to school reopening plans; mental health initiatives; and COVID-19 incidents relative to DODE. During weekly school leadership meetings, updates and remarks are provided by Acting Superintendent of Schools Patricia Gonnie about the ongoing impact the pandemic has had on schools across the Navajo Nation. Staff from OPVP and DODE programs give remarks as needed, and the CDC and Navajo Nation Epidemiology Center also provide updates on COVID-19 statistics.

With the approval and subsequent arrival of the Pfizer-BioNTech and Moderna vaccines for COVID-19 on the Navajo Nation, education workers and other essential staff have been designated for phase 1B of the scheduled rollout. No date has yet been set for DODE staff to enroll.

The Navajo Nation Council approved legislation 0316-20, appropriating $2.5 million from the Unreserved, Undesignated Fund for scholarships and financial assistance. The Higher Education Grant Program, which provides federal funding for scholarships to tribes, is administered by the Department of Interior. Through a P.L. 93-638 contract between the Dept. of Interior and the Navajo Nation, the BIA forwards funds to the Office of Navajo Nation Scholarship and Financial Assistance (ONNSFA) to provide financial aid and scholarships to Navajo college students.

MAJOR ACCOMPLISHMENTS

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

Office of Navajo Nation Scholarship & Financial Assistance (ONNSFA) continues to operate as essential personnel in the offices despite Navajo Nation closures. All offices have operated at 50% so more personnel are teleworking. ONNSFA received laptops from Department of Information Technology; therefore, more personnel were able to work from home. They also took turns getting into the office because there are many tasks that have to be done in the office such as downloading documents, printing and placing them in files as well as the weekly check-run.

1. Having a student pursuing post-secondary education involves the entire family, which also impacts family finances. Office of Navajo Nation Scholarship & Financial Assistance funded 3,711 students with $9,944,877.00 thus far. Most of students and their families were able to continue their college and vocational education regardless of the challenges of the pandemic. Below are the numbers of students assisted by ONNSFA Agency.

B. Behavioral and Mental Health

Office of Navajo Nation Scholarship & Financial Assistance remained in business except for a few days during this quarterly. ONNSFA staff being here for students and processing their applications, answering their questions created a little solace for students and their families because emotional health has been a challenge for many people during this pandemic. There were many hours that we were on the phone answering questions and concerns of students and families. Students and families were very grateful that we were answering their calls.

The major challenge is that telephones problems are not being addressed in a timely manner. The Fort Defiance Agency ONNSFA toll free line 800-243-2956 works some days and other days it does not. We reported this to the Communication and Utilities, sent a follow up to Frontier Communications. Technicians call the number; it works fine and they deem it to be working. The next week we get calls from frustrated students because the toll-free line is not working.

C. Housing

Many colleges and universities will continue the Fall term online and some in-person instruction. Student housing will be empty except for a few students who are not able to get home. Funding provided by ONNSFA includes payment for housing.

The biggest challenge is closure of college campuses creating a lack of housing for students. Many of students went home but the Navajo Nation has a serious lack of reliable Internet.

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 I cannot use federal funds to advocate for funding and I cannot talk to the BIA directly. The greatest challenge is that it requires Congressional action to make the changes in the Federal budget. We will continue to advocate for Forward Funding.

E. Education & Cultural Language Preservation

120 students took the Navajo language and government to qualify for the Chief Manuelito Scholarship every year. Students aspire to earn the scholarship at an early age. The Navajo language 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

The ONNSFA policies are in draft. The Scholarship policies need to be updated. We also need to get the federal funds as Forward Funding, so we can receive the funds in July, instead of January. 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 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.

The challenge has to been to gather support and educate everyone about the issue but now that all that is done, we are waiting for the introduction of the bill.

G. Public Safety System

Not that ONNSFA had anything to do with it, but there is less traffic on our streets, because people are home and not driving around.

Our biggest challenge is the pandemic affecting our lives and businesses.

H. Infrastructure

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

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.

Education & Cultural Language Preservation

1. More than 150 students take Navajo language and government to qualify for the Chief Manuelito Scholarship every year as shown by the chart below. Students aspire to earn the scholarship at an early age.

2. Navajo Nation and culture preservation are 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.

CHALLENGES

1. There are no rules on how to deal with higher education in the event of a pandemic. Therefore, we will forward some recommendations to the U.S. Department of Education.

Office of Standards, Assessment, and Curriculum Development

Establishing rapport with schools across the Navajo Nation and border town schools. OSCAD is continuing to provide support schools with available resources focusing on language learning. Assessments data are made available for their planning purposes and make improvements in their Dine Language and Culture Programs. Support is provided to teachers who are in the process of renewing their teaching certificates and/or those who are pursuing certificates. These technical supports are available virtually. Professional development offered virtually provides teachers with tools and resources to help them deliver effective instructional delivery through remote learning.

OSCAD held it second professional development virtually this month for all Tribally Controlled schools, MOA public schools and BIE schools. The training focused on how the types of assessments available for teachers during the pandemic and collaborating to support each other at the time when all instruction is conducted online. The attendance with over 10+ participants 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.

OSCAD have been in contact with schools through Microsoft Team and/or Zoom meetings to get update information regarding their DL&C program - getting to know new staff, updating curriculum and providing technical support this school year.

CHALLENGES

OSCAD received NMPED IE Act Funding for the next 3 years in the amount of 200,000. At the end of first quarter 2020, the IGA is still going through the 164 process. The challenge is the amount of time spent for the documents to go through the process. It may take the IGA weeks for it to be cleared at a department before it goes to the next department. By the time the process is complete, at least 3-4 months has gone by leaving room for a few months for the grant to be initiated. The project plan is to conduct a feasibility in phase I and in Phase II, to create and publish instructional materials, online and paper assessments, and testing instruments for the teaching of Diné language and culture.

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.

Due to the current Phase I of re-opening, 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 in the virtual format until further notice.

Coronavirus E-Rate Emergency Funding

1. Because DODE and Infinity was in the middle of assisting the Cyber Team reviewing the E-Rate bids and negotiating the contracts with the E-Rate Service Providers, when the pandemic hit, DODE and Infinity immediately reached out to the Nation's telecom providers to see if they could provide emergency telecom services since schools closed down and so many business· were closing. This left students and teachers, and for that matter the entire Navajo community without much in the way of internet access. Almost immediately we received offers of help and support from NTUA W, Sacred Wind and Cellular One. Cellular One, Sacred Wind and NTUA W offered to delay turning off anyone's phone or service because they were behind in their payments and also provided significant discounts on their unlimited data plans (cell phones and hotspots). NTUAW and Sacred Wind also offered to install portable Wi-Fi units throughout the community to allow residents to drive to the units to access the internet. The original offer from NTUAW was to install 20 of these mobile Wi-Fi units and Sacred Wind had agreed to install 6 units. Both companies had also suggested installing mobile hotspots on busses so they could be driven to locations closer to students and the community where it was too far to drive to the mobile Wi-Fi units. They agreed to provide these temporary services until June 30, 2021 with one provision, that we seek emergency E-Rate funding to pay for these services. Since our office felt we may be successful in getting the FCC to award the Nation emergency funding, Infinity agreed to take the lead to make this request to the FCC. Infinity FCC attorney is working on this now.

1. Our plan was to ask for emergency funding to pay for the mobile Wi-Fi units, the monthly ongoing costs to maintain these units, the mobile hotspots in busses and the reduced cost to provide cellular services to students since we knew that a great many students/parents wouldn't be able to even pay the reduced cost of cellular service.

2. Because we believe we may be able to get additional E-Rate funding to install double the amount of mobile Wi-Fi units, we contacted Sacred Wind and NTU AW and asked if they could get their hands on more mobile Wi-Fi units and both indicated they could.

Office of Navajo Nation Library

1. The ONEO Oral History Digitization Project was completed by Airshow Mastering. Ms. Linda Curtis, Library Assistant, traveled to Farmington, New Mexico and met Airshow Mastering on November 7, 2020. All the reel-to-reel tapes were picked up as well as the hard drives containing the following audio formats: 1) Flat transfer – copies directly from the reel-to-reel tapes, 2) Optimized transfers – Enhanced audio quality and 3) MP3 quality transfers. The MP3 transfers will be made available to the general public; however, some of the oral histories contain culturally sensitive information and access will be limited.

2. Kayenta Community Library was closed on October 1, 2020, due to mice infestation. Mr. Nelson worked with Kayenta Township to get the library cleaned to allow for occupancy. 9

Ms. Trina Lipscomb, Library Assistant was able to return to the library to work. Kayenta Community Library remained closed to the general public due to the Navajo Nation’s Red and Orange status.

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 last 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. Dr. Tommy Lewis Jr. former Superintendent of Schools and our program had a meeting with NN DPM in October 2019 and nothing came out of that meeting. This is the second year that NNDPM has had the Personnel Classification Questionnaire and has taken no action. The program has lost $120,000 in unused budgeted funds for a position for Torreon Community Library.

2. The Office of Navajo Nation Library will remain closed until the Navajo Nation Museum is allowed to reopen when the Navajo Nation status reaches the green phase.

3. The program submitted work orders for the installation of plexiglass sneeze guards and for half-doors for library staff members. Navajo nation Facilities Maintenance informed the program that they are waiting for CARES Act funds that they will use to purchase plexiglass and half-doors for the Navajo Nation Library. It is essential that plexiglass barriers and half doors be installed for the safety of library staff members.

Office of Dine Accountability and Compliance

1. DoDE has been with the Navajo Elections Administration and the Navajo Elections Board of Supervisors to continue to develop language to begin to amend Title 11 In regards to required background checks for school board officials (Accountability).

2. DoDE/ODAC has developed training dated for Reauthorization so School Board hold up to their responsibilities in governing their schools

3. The BIE has provided and administered training on School Board Roles and Responsibilities as well as provided a recording to that training for distribution to our Navajo BIE funded Schools.

4. ODAC, BIE and two Grant schools (Shonto 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.

5. 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.

6. 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.

7. 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.

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

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 DoDE to complete and implement their Corrective Action Plan per intervention policy. Due to school closure per COVID-19, DoDE as been unable 11

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 DoDE will need to assume control of the school once they hear from all the witnesses.

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.

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.

Johnson-O'Malley Program

1. Unleasing Funds: Johnson O'Malley received full award from Federal and all funds and all subcontractors (schools) have received award letters. Additional funding award for FY2020-2021 and unspent funds from FY2019-2020 included in the award letter.

2. Extensions of Contracts: One-Time Supplements contacts and FY2020-2021 contracts have been extended to December 31, 2021.

3. JOM Contract Approved: Johnson O'Malley Program contract for FY2021 has been approved by HEHSC. JOM contracts will continue to operate for the next three years.

4. Subcontract Zoom Meetings: JOM staff have been doing zoom trainings and meetings with subcontractors regarding modification, budget transfers, or questions on additional funding. Virtual teachings for the students had made big changes on how subcontractors spend JOM funds.

5. Negotiation with Flagstaff USO, Central Consolidated School District, Page USO, Ganado USO, San Juan School District, Sanders USO, and Snowflake USO have been completed and will be submitting an application for a One-Time Supplemental Funding. The schools are well aware of staying within the JOM scope of work and ensuring services are being rendered to the students when using the One-Time Supplemental Funding.

6. JOM has been utilizing zoom and teams for virtual meetings and trainings with Central Consolidated Schools, Page USD, Window Rock USD, Flagstaff USD, Gallup McKinley County Schools, Pinon USD, and San Juan School District. The virtual meetings have helped with communication and ensuring the students are receiving services.

7. IEC training for Central Consolidated occurred on November 20, 2020 the Senior Accountant covered the Budget and Finance section for the IECs, such as budget forms, budget allocations, invoice submittal, budget transfers, modification. Programmatic Updates was done by the Program Manager. The Program Manager also covered Roles and Responsibilities for the Indian Education Committee, the 25 CFR, and Bylaws. On December 4, 2020 the Sr. Educational Specialist did training on the Educational Plans, Needs Assessment, Annual Reporting and Monitoring.

8. Modifications are being completed by the subcontractors in making changes to the contracts because of the pandemic. Subcontractors are making changes and doing budget transfers because much of JOM funds on contracts were in educational field trips, hands on activities, consultants, and school cultural events.

9. All the One-Time Supplemental Funding contracts for JOM schools have been extended to December 31, 2021 because many of the subcontractors did not spend JOM funds due to the pandemic. The subcontractors that do have the One-Time Funding contracts have 13

been submitted for extension and are going through the 164-review process. The FY2020- 2021 school year contracts have also gotten additional funding which are going through the 164-review process with an extension to December 31, 2021.

10. JOM staff continue to communicate with all subcontractors in regards to assisting all subcontractors with invoices, budget transfers, modifications, extensions, and any other JOM matters. All subcontractors continue to submit invoices for the One-Time Supplemental contracts and the FY2020-2021 contracts. All invoices are being processed and being paid.

11. A few more subcontractors submitted proposals for the One-Time Supplemental funding. Holbrook USD, Page USD, Central Consolidated Schools, Flagstaff USD, Ganado USD, San Juan School District, Sander USD, and Snowflake USD. 11 other schools already have contracts, and 4 will be submitting a proposal.

12. JOM Program got the three-year contract signed and approved by the HEHSC committee. The JOM program will continue to work and services subcontractors that contract with the JOM program.

13. Indian Education Committee policy that the JOM Program has implemented continues to work very well with all subcontractors. All subcontractors have been making changes to their bylaws according the IEC policy that the schools have received.

14. The Subcontractors are on their second year of a two-year contract. Modification are in process for the school contracts because of additional funding for FY2020-2021 and unspent funds for FY2019-2020 have been given back to the Subcontractors. Modifications are currently being submitted and work on by the JOM program.

CHALLENGES

1. Working through and around the restrictions and limitations caused by COVID-19 pandemic has been a huge challenge with ensuring all processing of contract modifications are being processed through the NN 164 review in a timely manner.

2. The receiving and processing of subcontractor's invoices have become very slow in process, due to staggered scheduling of staffing for the schools, as well as Navajo Nation employees.

3. The slow spending of JOM funds for the subcontractors since the pandemic has occurred. Many subcontractors are trying to seek different ways of spending the JOM funds. Since there are no students on most school grounds, there are no educational field trips, hands on activities, etc. Subcontractors are transferring JOM funds more into supplies and minor equipment

4. The limitations of school employees being on school grounds and not getting invoices or proper paperwork to the JOM office on time. The pandemic has slowed many of the processing of documents down.

5. Not receiving the contracts and modification back to the JOM in a timely manner from the NN 164 review process.

6. JOM Student count has decreased by approximately 10,000 which may result in decrease funding for FY2021.

7. It has been difficult in providing technical assistance at the schools because we can't meet face to face. All meetings are trainings are done virtually and sometimes there are technical difficulties with internets or equipment.

8. When submitting modification on contracts through the NN 164 process has been a challenge because the return of the NN 164 contracts do not get returned in a timely manner. The delay of the modification puts subcontractors in situations of only spending a little of JOM funds.

9. Another process has been added to the NN 164 review process and that is sending contracts or modifications to NN Department of Risk Management to clear insurance coverage for all subcontractors with the JOM program. The time frame has been extended for the contracts and modifications. Incomplete or missing documents are challenges also when submitting documents.

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

1. Crownpoint - Eastern Agency Spelling Bee held within the 3rd quarter with a several youth participating from various schools across Eastern Navajo Agency. For fourth quarter, the agency distributed Care kits to schools within Eastern Navajo Agency by assisting the World Central Kitchen Organization. For the month of December 2020, the agency provided Toys for Tots to over 40 schools with a lot of excited youth. A big thank you to the Native American Toys for Tots Program and to Col. Peter Tagni, retired Marine Corp.

2. Shiprock - Youth ages 5 to 7 Coed Basketball League engaged in the agency Basketball League in gaining knowledge and skills fundamentally by dribbling, bouncing, passing, shooting, communication, and teamwork. The agency also implemented the 8-10 Coed Basketball League with six (6) teams and the youth/parents were appreciative for creating a league for their youth to enjoy. So far, the teams played two (2) games and it came to a halt due to the pandemic. The agency hopes to continue once everything resumes back to regular duties and business. The youth also entered a logo contest in the Diné Food Coalition event pertaining to traditional food demonstration, culture, youth resilience, elders, and the Navajo Nation. The 2020 Northern Agency Spelling Bee was held at the Phil Thomas Performing Arts Center on February 20, 2020. Twenty-six (26) youth participated from three (3) schools: TiisNazBas Community School, Red Rock Day School, and Atsa’Biyaazh Community School. Ten (10) youth moved onto the Navajo Nation Spelling Bee to be held on March 12, 2020. For 3rd Quarter the agency office distributed 15 care items to youth members and parents. Package consisted of bathroom tissue, paper towel, Kleenex, toothpaste, lotion, chap stick, planting seeds, flossers, underarm deodorant, laundry detergent, softener, shaving cream, feminine hygiene pack, water, juice, movie maker game, notebook paper, binder, pencil, eraser, notebook, canned goods (corn, green beans, beans) and a basketball; gave out 12 arts & craft packets to youth members and parents. Packets consisted of crayons, color pencils, coloring pages, prevention booklets (internet safety, bullying, exercise can be fun), paint, pompoms, pipe cleaners, tissue paper, sand bottle, wind chime, and glass stain arts; and gave care items and arts/crafts packages to our afterschool youth members on May 6, 2020. Served five families until Mrs. Thomas called to inform us to cease until we attend a training on Distributing Supplies with Personal Protective Equipment. Registered families and youth to participate in the agency virtual run 5k/10k and walk activity for the youth member and families for Labor Day activities. Each participant will submit a registration and log sheet for completion. Trunk or Treat drive thru conducted on Friday, October 30, 2020 where care packages were distributed and toys for youth members and families. Other entities set-

up to disseminate information about their program and gave out care items. This was a success as we served 500 people. Toys for Tots were delivered to the agency on 11/23- 24/2020 where staff unloaded and stored, and inventoried for reporting. Schools were contacted in October with student listings. Began of December staff separated and contacted schools for pick-up. The Toys for Tots was an accomplishment for the agency as the office collaborated with schools in doing a curbside pick-up of toys for their schools. The agency served 23 schools thus far with more scheduled for pick-up. The toys will be distributed to the youth by the schools.

3. Tuba City - Navajo Nation Spelling Bee was held on March 12, 2020 at Kayenta High School Nash Auditorium. The Spelling Bee Champion was determined and will represent the Navajo Nation at the Scripps National Spelling Bee event at Washington, D.C. with the date to be determined. The Navajo Nation Spelling Bee Finals - Navajo Nation Champion: Ye-Shiao Tang, Tuba City Boarding School and Runner up Hailey Haven, Fort Defiance. September 2020, no contact activity in delivery of donated shoes to the Department of Self- Reliance with instructions to distribute to families in need and toys for the elementary age youth as part of the Back-to-School campaign. For the month of December 2020, virtual programming included “ODY Live”, emphasizing the 4 concepts of ODY programming, presented during the Kayenta Unified School District Navajo Culture Center Diné YOUTH Program, and conducted a no contact Toys for Tots distribution of toys through the Marine Corp Toys for Tots Native American Program to the youth within the Western Navajo agency.

4. Ft. Defiance - VIRTUAL YOUTH PROGRAMS: Provided an array of “Virtual Programs” this 1st Quarter of FY2021. Direct service staff implemented SPARKS, PAK, Character Count activities, prevention presentation on Red Ribbon and Student Assistance Program, educational activities emphasis on Literacy and STEAM and simple Arts & Craft projects with the youth of the afterschool program. In addition, the Girls Scout Coordinator provided Girls Scout Members with Red Ribbon-Drug Free worksheet, McGruff Drug Prevention worksheet, Healthy Choices resources, Girls Scout activity worksheet, Girls Scout Promise & Law; prevention worksheet on Bullying & Friendship and Character Count materials. The recreational staff provided fitness, wellness, exercise and general recreation events/activities with youth ages 6-17 through 5K Youth Fun Run, Basketball Drills, Scavenger Hunt and Holiday Fitness Challenge. In addition, they provided many fun Halloween events/activities for youth ages 6-17, the office hosted a Poster Contest, Pumpkin Carving Contest, Pumpkin Painting Contest, Coloring Sheet Contest and D.I.Y. Pumpkin Pie, through these events/activities’ youth were able to display their artistic skills,

carving skills and coloring skills. The Recreational Specialist stayed in touch with our teen members of the Skate Park Program & ASP Social Recreation Program and provided them with healthy recipes, academic success for virtual schooling and fitness routines or exercise ideas, via email. The office also hosted a 4H Club Q&A Session- Fort Defiance ODY and NMSU Tribal Extension Program is starting a Virtual 4H Club for youth ages 6-17. These events were conducted virtually, giving our youth the opportunity to continue to participate in youth development activities sponsor by our office directly from their homes. CURBSIDE EVENT: Hosted many “Curbside Events” this 1st Quarter of FY2021. Direct service staff prepared from 60 to 200 Grab & Go Activity Bags and disseminated to youth ages 6-17, the Grab & Go Activity Bags were provided for the following event: Fire Prevention Month, Red Ribbon Awareness, Character Count Week, Halloween, ODY Educational Day, and STEAM (Science, Technology, Engineering, The Arts and Mathematic). The activity bags consist of Smokey the Bears materials, fire prevention resources, Red Ribbon- Drug Free Substance Abuse & Alcohol awareness materials, the 6 pillars of character count, good character, citizenship & responsibility worksheet, educational activity booklets, DIY pencil bag, school supplies (pencils, notebooks, folders, and rulers), crossword worksheets, STEAM kits (kaleidoscope, weaving rug & mirror/mirror revers), educational/reading books (English & Navajo), book markers, bags, educational activity sheets, Halloween COVID19 Safety, healthy eating during Halloween, Personal hygiene- candy consumption/calories, teeth brushing, Halloween arts & craft kit, healthy snacks, recreational activity sheets, kid friendly workout exercise worksheet, fitness challenge activity worksheet, healthy nutrition recipes, recreational incentives, prevention materials & pamphlets, other incentives and COVID19 information & face masks. Two of the “Grab & Go Activity Bag” events were co-hosted with BIA Fire Wildland & Aviation Management, EXPLORA, and Navajo Nation First Thing First. In addition, also received Care Kits and we distributed 40 care kits to youth ages 6-17, via curbside. The care kits consist of non-perishable food, prevention & recreation activity sheets, mask, reading books, and recreational item-sport balls & freebies. Furthermore, the office distributed 200 pumpkins to youth ages 6-18, during the Pumpkin Giveaway event, at which pumpkins was given to the youth to take home to crave or decorate for Halloween. Through the Curbside Event, were able to provide youth within and surrounding community of Fort Defiance, AZ with “Activity Bags” that consist of many activities, worksheet and incentives they could do at home and provided healthy snack they could snack on. The Curbside Events that were conducted had No to Limited Person Contact. All Items/Content/Documents disseminated/distributed, such as the Care Kits, Grab & Go Activity Bags, Donated Items and Registration Forms/Entry Forms, were clean and sanitize, prior to distribution to youth/students, adults and public. SCHOOL VIRTUAL

OUTREACH: Provided (4) Virtual Presentation with students on History of Red Ribbon, Importance of Red Ribbon Theme- Drug Free Awareness/Prevention, Character Count- 6 Pillars of Character and Diné History and being a Proud Diné, during Native American Celebration week with student of Ganado Intermediate School. In addition, we provided 32 Care Kits to students, kits consisting of non-perishable food, prevention & recreation activity sheets, reading books, magazine, newspaper, masks, stickers, school supplies, book markers and recreational item- Woofle balls with students of Crystal Boarding School. Youth Recruitment: Conducted Youth Recruitment for the following Youth Program/Activity/Events: 2020-2021 Virtual Girls Scout Program, 2020-2021 (e)Mail Club (youth program where activity kits are either email or mail to students who have no access to technology or internet to participate in our Youth Virtual Programs), and Virtual 4H Club. The agency supports the COVID-19 safety practices in the workplace- reviewing all information regarding the COVID 19 on the Navajo Nation, disseminated from the Office of Navajo Nation President & Vice President, Navajo Nation Department of Health, Department of Diné Education and Office of Dine Youth. All information is forward to agency staff via email and through teleconference calls. In addition, implementing the 25% working staff at the office. Our office has been providing prevention materials on COVID- 19 to our youth.

CHALLENGES

1. Chinle - With the shutdown of the Navajo Nation government per an executive order from November 23, 2020 through December 6, 2020, with an extension through December 27, 2020. 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. 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. At this time, “In Person” youth program/services are pending. The agency is providing curbside services to the youth/public. The office still avoids social gathering and the transmission of the virus therefore is staff with 25% daily, as an alternative work schedule is implemented which allows staff to either work in the office or remotely from home. In conclusion, the Corona Virus (COVID 19) continues to tremendously impede on the office and program. 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 Navajo 19

youth and community. Issues with operating under the FY2020 Continuation Budget, with a 25% budget is troublesome, with the limited allocation, unable to address COVID-19 safety upgrade to the office, purchasing sufficient amount of PPE/Janitorial Supplies for staff and office, conduct and paying for annual building equipment inspection, pay for reoccurring annual expenses: Fire Alarm System, Security Alarm System and quarterly Xerox rental & maintenance. The office is already going to execute a budget transfer, but still not enough money to cover all of the expenses for the 1st Quarter. In addition, to purchase other technologies and need of up-to-date computers for staff, to utilize in the office and working remotely. ODY is providing “Virtual Youth Services”, so need to stay up to par with technologies to provide services through Zoom, Facebook Live, Goggle Classroom, etc. To ensure staff are equipped with technology to provided daily youth services. Per Navajo Nation Executive Order No. 010-20 and No. 011-20, once again, the agency office closed its facilities and complex and cancellation of all youth virtual programming and services onsite and offsite (outreaches), beginning November 16, 2020 through December 27, 2020. In addition, the cancellation of community events and activities remains in effect. The importance of closure and cancellation is to avoid social gathering and the transmission of the virus. However, only identified essential staff work in the office and working remotely and tele-communication with key supervisors, during the NN Government Office closure.

3. Crownpoint - All staff are back on Administrative Leave per the Executive Order until December 27,2020 due to the Covid-19 Pandemic.

4. Shiprock – Closure due to the rising of the pandemic put activities on hold and less contact with students via zoom and emails. Limited services with various Navajo Nation Offices to process documentations for personnel, procurement and any finances.

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 the Office of Diné Y.O.U.T.H. is in no contact operations with virtual activities and programming with area schools and communities and the major challenge was the lack of adequate remote internet services for the youth of Western Navajo Agency. COVID-19: is impacting services for the Dine Youth, currently the Navajo Nation is in “Lock Down” and have been issued a “Shelter in Place” order established by the Navajo Nation President Jonathan Nez. The most notable challenge is not being able to provide services established in Office of Diné Y.O.U.T.H. program initiatives, example: lack of funding for providing youth

employment; for Western Navajo Agency the lack of an adequate facility to promote youth initiatives such as after school programming, providing a safe environment for youth; and difficult to provide physical activities such as adequate basketball leagues, safe fields for youth baseball and softball, etc.

OUTREACH AND COMMUNICATION

Office of Dine School Improvement (ODSI)

MAJOR ACCOMPLISHMENTS

1. Worked with OPVP, HCOC, DODE on matters related to school reopening plans; mental health initiatives, and COVID-19 incidents relative to DODE.

2. Completed ODSI School review of on-line learning initiatives at schools.

3. Completed DSAP responses to federal peer review team.

4. Completed DODE School Safety Task force short-term goals regarding student learning, student attendance, instruction, and Spring Semester 2021 recommendations.

5. Evaluation of ODSI school on-learning assets and weakness.

6. Participation in DODE education initiative with Arizona, New Mexico, and Utah State Offices of Ed.

7. Completing the DODE School Safety Task Force short-term goals.

8. Providing updates and information sharing with UCG, HCOC, and other COVID related task groups.

CHALLENGES

1. Restricted visits to schools to conduct business.

2. Restricted interaction with teachers on school improvement matters.

3. Building capacity of teachers to improve instruction using and on-line platform.

Navajo Head Start

MAJOR ACCOMPLISHMENTS

1. Secured $53,476.00 from the New Mexico Indian Affairs Department for HB-2 funding.

2. Re-initiation of the TCU-HS Partnership with Navajo Technical University and identification of the 2021 summer cohort.

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

4. Purchase of HATCH learning tablets for children in the Head Start Program and implementation of e-learning platform.

5. No unmet financial needs from FY2020.

6. Center staff and Liaisons are actively reaching out to 1,350 NHS families for the reopening of School Year 2020-2021 and distributing educational learning packets and projects for the continued education and family engagement.

7. NHS teachers and staff work with families to determine needs and opportunities, such as parent training opportunities and communication during COVID-19 pandemic.

8. Pilot program for the e-learning platform involving 10 families has been rewarding and sets the foundation for more families to experience.

9. NHS continues to work collaboratively with Local Education Agencies (LEAs) to assist virtually with in-depth referrals needing expertise and diagnosis for children identified with developmental delays.

10. NHS working to hire a Mental Health Consultant for behavioral health direct services to NHS children and staff as they deal with the COVID-19 pandemic.

11. Collaboration with the Navajo Nation Office of Special Education and Rehabilitation Services (OSERS) to strengthen disability services to children and implementing 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. Pending construction of the Early Childhood Learning Center in Window Rock, AZ.

14. Radio advertisements on KTNN about the program's phased approach to reopening and what services are available to community members.

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

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

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

18. NHS Dine' Immersion Program featuring the integration of three (3) different Dine' curricula and the supplemental funds to help print the materials.

19. NHS has developed an Immersion plan to address the concerns of language revitalization for pre-school age children and secured additional resources to support this project.

20. Identified staff and parents will be able to increase their Dine' language abilities through participation in the annual sheep or bootcamp provided by Navajo Technical University as part of the TCU-HS Partnership Grant.

21. Collaboration with the Navajo Nation Command Center and the Department of Dine' Education Preparedness Team.

22. Providing early childhood education to NHS students year-round and remaining the only Head Start tribal super grantee.

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 procedures which are very slow due to limited NN staff to complete the hiring.

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

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

7. Additional funding needing to support housing for NHS staff. 32

8. Additional funds needed before construction of the Early Childhood Learning Center.

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

10. NHS Financial internal policies and procedures are under revision.

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

12. 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.

13. Competition from other pre-school programs on the Navajo Nation, which affects the number of NHS children enrolled.

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. NHS seeks to separate from the Navajo Nation.

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 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. From October to December, our office staff have worked with and contacted 25 schools across the Navajo Nation. These schools were contacted and supported via technical assistance over the phone, Zoom meetings. We are working with schools to ensure they are starting to prepare for their Accreditation Engagement Reviews for next school year, conduct their Monitoring reviews this school year. The first schools with reviews were in October and continue each month throughout the school year.

2. Office staff has worked with 8 schools. 1:1 with schools who will host their Accreditation Engagement Review, and Monitoring Reviews during this fiscal year. Schools that are preparing for their Engagement Review have been trained on the tools that will be used to evaluate their progress; and the official Cognia Training “Preparing for your Engagement

Review” training. Program Manager worked with schools 1:1 to ensure understanding and implementation of framework and online platforms.

3. This quarter we worked to recruit and retain 30 team members and/or lead evaluators. As all reviews are completed virtually, all work with team members is done virtually, including training and ensuring they are able to meet all expectations to serve on the teams.

4. We have primarily worked with schools over zoom meetings to increase their capacity in their ability to prepare for their engagement reviews. Due to the closure of schools and the current stay at home order, we ceased all activities regarding the Eleot pilot and other onsite school support. We have supported approximately 25 schools.

CHALLENGES

1. School Reopening and the format of the education that will be provided is not a barrier, but rather creates more unknowns. All schools will undergo and host virtual reviews. We are currently working with all schools to understand this format. There are two schools that are unresponsive at this time.

Office of Special Education & Rehabilitation Services

1. The OSERS Home Visiting program has been able to maintain excellent collaborative efforts with our sub contractual schools and other local program within their community. Each school site parent educators have continued to remain in communication with their families through teleconferencing once or twice a week. Our program has partnership with the Arizona First Things First to receive care packages for their infant child who may need diapers and milk. The OSERS Home Visitation Program continues to provide services and supports to parents and their children since the Pandemic started.

2. Growing in Beauty Program Early Intervention (AZ) has been completing the initial intake, evaluations, Individual Family Services Plan meeting (Initial, 6 Months and Annual) and transition through telephone and ZOOM meetings 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 Transition.

3. Growing In Beauty Program Early Intervention (NM) is providing services to families via ZOOM tele/video platform and developed Interim Individual Family Service Plans and Presumptive Eligibility. November 17, 2020, NM DOH FIT allows NM GIB Early Intervention program to determine program eligibility virtually, along with option to use presumptive eligibility if family doesn't have internet access. NM GIB staff telecommute and continue to receive referrals resulting in: 42 new referrals, 13 intakes completed, 37 assessments/developmental evaluations completed, and 46 Interim/Initial, annual and six- month Individual Family Service Plans developed and ongoing services provided. Twelve children transitioned on to Part B programs with eligibility determination completed. Due to no contact with families and the public, NM GIB Early Intervention developed an online request for Ages and Stages Questionnaire Screening available to the public for Child Find Purposes. Staff are developing trainings they can provide to individual families to meet the parent training component of Part C programs and is identifying resources for Part B.

4. VR/IL: Staff have been participating in many different virtual professional development opportunities during this quarter. They include: 1) Job Coach Training through the University of Arizona Sonoran Center for Excellence in Disabilities. The training focused on techniques for assisting individuals with disabilities with becoming employed, learning their jobs, and providing supports for successful employment; 2) AIVRTTAC Employment Development and Placement Webinar under the auspices of Northern Arizona University. This is a technical assistance opportunity to work with content experts in the areas of job development, job carving, employ/business liaison/relationships and customized employment; 3) On November 19, 2020, NNOSERS along with 87 other Tribal VR Programs nationwide joined the American Indian Vocational Rehabilitation Services (AIVRS) Program in celebrating the 100th anniversary of the Vocational Rehabilitation program. The OSERS Rehabilitation Services Administration (RSA) created a webpage for anniversary content with podcasts of keynote speakers. AIVRS was given a segment of the program to showcase and celebrate the history and success of Tribal VR Programs.

5. Navajo Project I-LAUNCH has promoted early childhood social emotional wellness on various platforms in collaboration with key Navajo Nation Early Childhood programs and organizations. The group had consistent participation from Early Childhood leadership entities and providers who serve children ages 0-8 across the Navajo Nation. The group created a commitment letter for Navajo Nation Department of Health, Behavioral Health, and Social Services to serve on council and partner with the group to create an Early Childhood system to support Infant and Early Childhood Mental Health Consultation (IECMHC) and Early Childhood program across Navajo Nation. On a broader platform, 36

Navajo Project I-LAUNCH hosted the Early Childhood Wellness Event in partnership with Navajo Nation First Things First, Casey Family Programs, and Navajo Nation Office of the First Lady and Second Lady. This event featured various speakers including Dr. Bruce Perry and was well received with a total of 421 participants. Lastly, Navajo Project I- LAUNCH partnered with Navajo Nation First Things First to host first Navajo Nation Early Childhood Speaker Series in October and set to occur monthly thereafter. For future Early Childhood Speaker Series topics, the group is utilizing Community Needs and Readiness Assessment from I-LAUNCH’s strategic plan as a guide to provide needed information around early childhood wellness to the public.

CHALLENGES

1. The challenges for this quarter continue to include the overall internet connections with families to have a successful home visit. Internet service continue to be a concern as connections are unstable, limited, and dropping multiple times throughout Home Visits, Virtual Team Meetings, One on One meetings, Webinars, Conferences. With these challenges they in hinder the productivity to continue adequate service delivery's to families and to participate in virtual meeting with programs we associate with.

2. Growing in Beauty Early Intervention (AZ) 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 home and complete initial intakes with them. 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. Tuba City Office has been broken into the fourth (4th) time on November 30, 2020. Every time they break in, they damaged our filing cabinets, printer, hearing screening equipment, evaluation equipment, children's toys, office materials. Now our office does not have any locking cabinets. Our printer has been totally damaged and we are in need of a new printer.

3. Growing in Beauty Early Intervention (NM) Families have limited capabilities to take full advantage of parent trainings due to limited internet/device access and/or focus on older children virtual classes and completing homework. Due to families filled days at home, some parents opt to focus on older children virtual classes and forego early intervention.

4. VR/IL: Essential and non-essential staff continued to work rotational schedules after returning to work on August 17, 2020, through November 13, 2020, when another Executive Order was issued to close down the Navajo Nation Government and related entities, to further mitigate the spread of COVID-19. As a result, challenges continued to significantly impact direct service delivery to our VR and IL consumers at all levels. Data from the onset of the pandemic retroactive to March 2020 speaks volumes as to the level of impact it has created. Despite these challenges, staff are doing their best to be creative 37

and innovative in supporting consumers on their caseloads. Specific barriers include: 1) no cell service or internet connectivity; 2) many consumers have chosen not to return to school/training/employment out of fear, anxiety, or to remain home to care for family members; 3) no means of reliable transportation; 4) consumers in employment status no longer able to work due to business closures; 5) contractors for the Independent Living program not able to start or complete projects due to NN closure; and 6) staff travel restrictions leaving only room for virtual and phone contacts with consumers who have the capability to do so.

5. Two barriers the program is facing is the Shelter in Place Order and staffing. The Navajo Nation Shelter in Place order has limited the project’s ability to conduct 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 any applications for these positions. Program Supervisor continues to advertise the open positions.

OUTREACH AND COMMUNICATION

Navajo Traditional Apprenticeship Program

1. Navajo Traditional Apprenticeship Program is to revitalize Traditional Navajo Ceremonies, secure and assure ceremonies are available to generations to come. OSCAD continues to communicate with the participants via telephone and email. Since the last meeting, the participants have been very open and receptive to meetings with OSCAD. OSCAD staff is reaching out to the communities to encourage qualified applicants to apply, be interviewed and accepted into the project. Currently there are a total of 20 participants in the project.

2. OSCAD now has a Senior Education Specialist who will oversee the project. This individual is working closely with the Practitioners and Apprentices to ensure the project is meeting the goals and objectives per Form 2.

CHALLENGES

1. Due to the COVID-19 pandemic the goals included in Form 2 for 1st quarter have been partially met. Public hearings, revision of the NTAP manual and presenting at the DL&C teachers’ professional development is impacted by the pandemic. Most of the participants do not have access to IT and are not computer/technology literate.

2. OSCAD met several times with Dr. Jill Jim and others to contribute to the discussion regarding traditional healers and possible compensation through the CARES ACT. But OOC did not support the idea of funding NTAP.

Division of Human Resources

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

MAJOR ACCOMPLISHMENTS

1. All DHR Programs continue to provide online essential services. 8 programs are deemed essential and 3 are non-essential. Working toward a 50% return.

2. Updated the Division resource pages. Personnel continue with the staggered scheduling of offices and continue to practice all safety measures as stated by the CDC guidelines.

3. Implemented the Chain and Command Policy and Procedures and issued the Hazard Duty Pay Procedures to all Division and Programs.

4. Assist with the year-end closing and review of meeting performance measures for each of the programs under the Division of Human Resources.

5. In support of the Department of Child Support Services, the Child Support Act was approved by three committees (Law and Order; Health, Education, and Human Services; Naabikiyati) and is currently awaiting the review and approval of the 24th Navajo Nation Council.

6. The Staff Development & Training Department continues to provide virtual Sexual Harassment Awareness & Prevention training to Navajo Nation Personnel.

7. 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 verification for all Navajo citizens whom have submitted an application for assistance.

8. Division of Human Resources received and acknowledged the FY 2021 Comprehensive Budget.

9. Ongoing participation in the OPVP Town Halls in communication of COVID-19 safety in the Navajo language.

10. Issued the Hazard Duty Pay Procedures to all Divisions and Programs. In addition, a Social Media Policy is currently being developed.

CHALLENGES

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.

OUTREACH AND COMMUNICATION

Diné Uranium Remediation

Advisory Commission

WINTER COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

MAJOR ACCOMPLISHMENTS

1. Technical Working Group. The work group met each month 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 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.

2. Commission Meeting. The Commission held its regular meeting on November 12, 2020 via Zoom. Commissioner Perry H Charley, representing the Northern AUM Region and Diné College, Shiprock, NM, gave a report on "The Investigation of Heavy Metals and Radionuclide Uptake in Domestic Animals on the Navajo Nation, Cove, Apache County, Arizona”, 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.

3. The Uranium Commission Cultural Working Group worked to identify ecological receptors of significant cultural value for risk assessment. The lists of cultural and biological receptors will be submitted to the Tetra Tech Risk Assessors through Navajo EPA and USEPA for their use in risk assessment to protect humans and the environment from contaminants. The Working Group is also held on a mandatory Cultural Sensitivity Training Program for USEPA and its contractors and other federal and tribal officials which will be required to conduct fieldwork in biological and cultural resource surveys on mine sites. The Working Group members include officials from NavajoEPA, USEPA, Uranium Commission, Navajo Fish & Wildlife, Historic Preservation Office, and Navajo Geobotanists, Cultural Resource Management and Traditional Practitioners.

4. The Uranium Commission's Technical Working Group has been working on the technical study of mine waste disposal methods and develop draft policy with Navajo DOJ on Mine Waste Disposal Methods and Locating Potential Disposal Sites. The Technical Working Group members include officials from NavajoEPA, USEPA, Uranium Commission, Technical Advisor to the Uranium Commission, Navajo Land Department, BIA Realty, and Navajo AML. There are other experts to assist the Technical Working Group.

CHALLENGES

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

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.

4. The Uranium Commission did not have a meeting in July and August 2020 due to the lack of budget and funds to pay for subscription for Zoom to conduct public meetings. A CARES Act budget was submitted but not funded, so the director used her private Zoom account to hold the Commission meeting on September 24, 2020.

Division of Community Development

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

MAJOR ACCOMPLISHMENTS

CAPITAL PROJECTS MANAGEMENT DEPARTMENT 1. The Coronavirus Aid, Relief, and Economic Security (CARES) Act NN CARES ACT, to mitigate the spread of COVID-19 virus in Navajo Communities that are impacted the most by COVID-19. a. NNC CJN-47-20 to finance 150 Bathroom Projects with $3,500,000 in NN CARES ACT funds. CPMD was tasked with providing bathroom additions to families throughout Navajo. Using data originally provided by the Indian Health Service (IHS), DCD/CPMD with DOJ developed a partnership by working closely with the Navajo Engineering Construction Authority (NECA) to mobilize staff that would conduct over 100-bathroom addition assessments. Due to the lack of basic water and electrical infrastructure in the remote areas of the bathroom recipients, the majority of the homes are also receiving supplemental infrastructure to include cisterns, septic systems, and solar power in order to have a fully functional bathroom with running water. The supplemental infrastructure items are provided with additional CARES Act funding through a partnership Navajo Water Management Branch and with the Navajo Tribal Utility Authority (NTUA). This is the first time DCD contracted with NECA utilizing a Navajo Nation Master Contract. Due to the December 28th timeline for payments and unforeseen challenges and complications, the remaining balance of $1,232,733.49 was not expended. b. The purpose of NNC CJY-67-20 to finance six Powerline Projects with $44,220,832. Subrecipient Agreements were executed In the 4th Quarter of FY2020 for: i. NTUA - Powerlines $13,897,562.00 (NTUA and Neighboring Utilities): • 713 families are now connected to the electric grid • 664 families by NTUA Crews • 49 families by neighboring utility crews NTUA created partnerships with the neighboring electric utilities that serve the Navajo Nation to help mitigate the spread of COVID-19. These families are living beyond the reach of NTUA’s electric distribution lines, but are in close proximity to a powerline of another electric utility provider. NTUA reached out to our neighboring electric utility providers, which include Arizona Public Service (APS), Continental Divide Electric Cooperative (CDEC), Jemez Mountain Electric Cooperative (JMEC), and Socorro Electric Cooperative (SEC), to develop a meaningful solution for these families. This is the first time NTUA has established this type of partnership with these neighboring electric utilities. (2020 CARES - NTUA Projects Progress Report Update #17).

ii. NTUA Capacity Powerlines $24,747,269.00. NTUA has completed 118 projects (2020 CARES - NTUA Projects Progress Report Update #17). iii. NTUA Powerline - Klagetoh Sand Springs South Phase III $850,000.00. The subgrant agreement is executed and the families served are included in item i.

iv. Ramah/Pinehill Campus - $3,500,000. The subgrant agreement is executed and the electrical upgrade is completed.

Due to the November 20th timeline, JEMEZ and CDEC electric projects did not meet the timeline. An amount of $1,226,001 of $44,220,832.00 was not expended for this reason. There was not enough time to execute the subgrant agreements and to get the contract number assigned. c. Pursuant to and consistent with the guidelines within the CARES Act, NTUA was awarded $35,192,000 for the Solar project for Navajo families living in extreme remote conditions. OOC and NTUA worked together to transfer the entire funds into NTUA account, CPMD was not involved in processing the wire transfer, therefore, CPMD did not process a Receiving Report. NTUA conducted a field assessment and identified 296 homes as feasible. Two hundred and fifty (255) homes solar units have been delivered, out of the 296 homes and 239 homes are under construction. Thirty-Three (33) homes are now operating (2020 CARES - NTUA Projects Progress Report Update #17).

2. MEETINGS a. The Project Managers are diligently working with chapters through virtual meetings. Very limited fieldwork has been completed on projects due to COVID-19. b. CJY-67-12 CARES ACT Ramah Navajo School Board teleconference held weekly until contract # C014434 executed. c. CJY-67-12 CARES ACT NTUA CARES ACT meetings held weekly on Friday mornings discuss CARES ACT project updates. d. CJN-47-20 Bathroom Additions teleconference meetings held weekly to discuss project milestones, challenges, and related updates. e. October 7, 2020 ICIP Training Series 3 - Capital Outlay Process Meeting f. October 8, 2020 CARES Act Waterline & Powerline teleconference discuss project updates. g. October 13, 2020 S.B. 207 Senior Center Capital Outlay Projects, Identifying project management and project objectives. h. October 23, 2020 CPMD attended online Procurement and Contract Training from Navajo Nation Department of Justice. i. December 15, 2020 Sihasin (internal) Meeting discuss project action items, and accounting update from AMS. j. December 30, 2020 New Mexico Capital Outlay request form teleconference training. k. New Mexico Teleconference meeting was held on Thursday, December 10, 2020 between the Division of Community Development with the New Mexico Indian Affairs Department, providing activity updates on the projects. l. In addition, Dept. Manager made administrative reports at agency teleconference updates and at the council oversight committee meetings to the chapters. This is part of the enhancing communication and partnership with the chapters. m. Crownpoint Wellness Center weekly teleconference meetings identifying project close-out objectives. 52

3. WATER a. Navajo Nation COVID-19 Water Access Coordination Group continued work during the first quarter with teleconferences are 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 disinfected pills. NECA is completing the construction of the Water Points. b. The CPMD Department Manager is responsible for the Navajo Nation on this Water Access Coordination Group. CPMD created a public access map for the Navajo people. The Group is composed of IHS, DCD, CDC, private NGOs and Universities to assist the Navajo Nation to secure water to the Navajo public. Mr. James Adakai received the Tribal Resilience Leadership Award 2020 from the Agnese Nelms Haury Program, Captain David Harvey, IHS also received the Tribal Resilience Leadership Award 2020 from the Agnese Nelms Haury Program. 4. Completed Project and Equipment Purchases: a. Chichiltah Motor Grader - Purchased with State of New Mexico Capital Outlay Funds ($200,000.00) and Chapter Funds ($66,767.34) b. Baahaali SUV - Purchased with New Mexico Capital Outlay Funds c. Coppermine Backhoe - Purchased with Sihasin Funds ($100,00.00) d. Pinedale Administration Building/Veterans Center completed with Sihasin Funds ($694,444.44) e. Demolished Mariano Lake Chapter House completed with New Mexico Capital Outlay Funds ($220,000) 5. (ICIP/ IGA’S): a. 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. i. Nine of the IGAs have been Signed by the NN President, and NM IAD are at Office of Contracts and Grants (OCG) pending business units and the OCG has requested DOJ reviews, four of the IGAs have been signed by the NN President, and sent back to NM IAD, three IAD project are pending SOWs, seven water Projects are pending SOWs, eight water projects are pending review at DOJ, two water projects are at DCD for signature. b. Six NM Tribal Infrastructure Fund projects with funding in the amount of $7,249,644.71 have been received and are being processed through the 164B process -- One has been signed by the NN President; Three are at the OPVP for Signature; one is at DOJ for Review; and one is pending SOW from Water Management Branch. c. CPMD assisted/submitted 11 Senior Center NM ICIPs in October. The 53 chapters NM ICIPs, 3 Special Districts NM ICIPs and the Navajo Nation NM ICIP, and 39 Senior Center NM ICIPs were published in November on the NM DFA Website ICIP Page.

B. ADMINISTRATIVE SERVICES CENTER DEPARTMENT

1. Chapter Distribution from CARES Funds – ASC provided technical support and assistance to 110 Chapters with OOC/Baker Tilly Chapter Support Representatives using PORTAL expenditure allocations. a. We assisted Chapters develop and enter their budget in the "Portal" for CARES Act Fund. b. Provided assistance to the Chapters with their CARES Act Expenditure Plans. Able to assist the Chapters with the completion of their CARES Act Expenditure Plans and coordinating with the Chapters for the receiving of their ordered Equipment and Bulk supplies. c. 110 Chapter Needs Assessments related to COVID-19 Relief – valuable data collected through the Chapter Needs Assessments. As such, we have been assisting Leadership by mining the needs assessments for Fuel Sources, Heavy Equipment, and Special Duty Pay, and most recently, the Review of Quality of Bulk Purchases. 2. Mediated ongoing conflicts among certain Chapter Staff and Chapter Officials - Worked on re- establishing some foundation for Baca-Gallup ASC Chapters towards their CAP compliance. Worked with the Baca Gallup ASC team to communicate more and share information via email. Facilitated Chapter Allocation CARES Funds expenditure plans into the OOC Portal by the timelines set up for Shiprock Chapter and Baca/Prewitt Chapter due to ongoing conflicts. The Kayenta ASC SPPS was delegated as acting Chapter Manager for Bodaway Gap Chapter to resolve outstanding chapter issues. ASC facilitated Corrective Action Plan (CAP) Meetings with Chapter Officials and administration staff. 3. ASC and Chapters continue to serve during pandemic - Hire 5 temporary staff to assist with Chapter Distribution for CARES Funds deadlines and supply distribution at the OOC/Baker Tilly warehouse. Some Chapters have really stepped up to comply with CDC guidelines when the Chapters reopened to the Public. Some of our Chapters that have been open since the pandemic started have been providing limited services. We are thankful for all the Chapter staff, the PEP staff, and Officials who have helped the community. 4. Chapter Supply Distribution - We assisted Chapters develop Chapter Distribution Plan so supplies can be delivered. Assisted with the Chapters Re-opening Plans and seeing that they implemented those plans. prepare the Chapters for the delivery of their Bulk Inventory orders from the CARES Act Chapter Distribution. DCD/ASC is in coordination with OOC/Baker Tilly for logistics planning and supply distribution scheduling for Chapter supply deliveries starting December 28. 5. ASC staff continue with essential duty - ASC assured Chapters are providing essential services to membership. a. ASC 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. b. Provide guidance and interpretation of the OPVP/Health Orders & NN Council legislations passed. c. ASC assisted with CARES Act Hardship Applications collection/information at the Chapter level. Helped prepare the Chapters for the NN Hardship Program by delivering the paper applications to Chapters and provided training on the Hardship Portal.

d. Able to coordinate with the Chapters to allow them to Provide Food Boxes and/or Care Packages to their Chapter communities who need assistance and/or affected by COVID-19 and individuals falling within the High Risk. e. ASO staff assisted Chapters to complete their annual budgets and provided technical assistance with the Chapter fund accounting. FY21 Carryover Budgets were completed by Chapters. f. ASC assisted with decontamination and sanitation of New Mexico Chapters that participated in the November state elections. g. ASC assisted Navajo Elections Office during Navajo Elections and preparations for the 2021 Inauguration.

C. COMMUNITY HOUSING AND INFRASTRUCTURE DEPARTMENT 1. Community Development Block Grant Program: a. FY-19/20 Dilkon Powerline Project environmental assessment completed for (24) homes with 14.35 miles of electric line, in November 2020. The concurrent notice (RROF/FONSI) was published in the Gallup Independent on 11/11/20. The 15-day comment period began thereafter and ended on 11/26/20 with no written comments. b. FY-19/20 Tonalea Powerline Project environmental assessment completed for (23) homes with 13.96 miles of electric line, in November 2020. The concurrent notice (RROF/FONSI) was published in the Gallup Independent on 11/11/20. The 15-day comment period began thereafter and ended on 11/26/20 with no written comments. c. FY-19/20 Tselani/Cottonwood Powerline Project environmental assessment completed for (8) homes with 11.80 miles of electric line, in November 2020. The concurrent notice (RROF/FONSI) was published in the Gallup Independent on 11/11/20. The 15-day comment period began thereafter and ended on 11/26/20 with no written comments. d. FY-16/18 Aneth powerline project is complete for (8) homes and awaiting final inspection date from NTUA. Thereafter, a project close-out will be done by CDBG field staff and Sr. Office Specialist. The remaining (3) homes we’re not feasible to serve. e. FY-16/18 Kaibeto Powerline Project is currently delayed due to service entrance inspection for (8) ready homes. Other (10) homes are not feasible to serve. 2. Home Improvement Program: a. FY-19 One new home construction complete in Chinle, AZ in the month of November. b. FY-19 Construction on (2) new homes have begun: Kinlichee & Lower Greasewood. There are (5) total projects under the FY-19 BIA 638 funding. 3. Community Housing & Infrastructure Department: a. Many Farms Community School: BIA Subpart J contract packet has been completed and currently going through the 164 review process, currently at DOJ for review and approval. Thereafter, contract will be submitted to President Nez office for signature. b. Greyhills Academy High School: BIA Subpart J contract packet has been completed and currently going through the 164 review process, currently at DOJ for review and approval. Thereafter, contract will be submitted to President Nez office for signature.

c. Assisted Houck chapter with a burial service assistance at the McCarran cemetery in Chambers, AZ in October, at the request of a chapter community member. d. Field staff conducted (1) home assessment and developed a material list for a family in the Jeddito community. e. Field staff conducted (1) home assessment and developed a material list for a family in the Whippoorwill community. f. Administrative staff assigned to seek and gather transportation assets to assist with delivering large orders of life-support supplies to the Navajo chapters. Also to coordinate the deliveries with Baker Tilly & PM2 consultants.

D. INFORMATION TECHNOLOGY 1. IT provided technical assistance to 57 chapters. 2. Three (3) DCD newsletters published (October, November, December) 3. Chapter trainings conducted a. Google meet - Google Office Hours assistance mini training sessions held on Tuesday and Thursdays. b. Training on New Chapter Websites – 6 sessions held in December 2020. Additional trainings planned for January 2021. 4. Helped Cyber Team develop and review drafts of a Navajo Nation Broadband Plan upon direction from the Naabik’iyati Committee. The Plan is expected to be presented to Council committees in 2nd quarter of FY 2021. 5. Enhancements to Rural Addressing WIND Module developed. Currently undergoing testing. WIND enhancements to Budget module also developed and deployed. DCD and Chapter websites moved to new content management system and currently doing testing and training.

E. RURAL ADDRESSING PROGRAM 1. Humanitarian section with Harlem Cleveland and Edmund Tso contacted DCD to help push out some closing items with some orange buckets of hand sanitizers ; these supplies were added to Gorman Hall for sorting ; clothing items were transported to sorting tent at fairgrounds and DCD staff assisted with sorting the items ; these items will be incorporated into the mixed pallets that will be built when the sorting team begins to build up pallets for various chapters 2. DCD leadership had conference calls with Bart Stevens and BIA staff to secure the Gamerco warehouse to store water ; eventually, warehouse filled up with water pallets and the crew could not unload any more of the water pallets ; any incoming water pallets had to be redirected to fairgrounds storage 3. Bulk items that were ordered by chapters that amounts to roughly under $28 Million were unloaded at the large tent once it arrived at the fairgrounds ; sometimes, there would be up to four or five trucks waiting in line to be unloaded at the large tent and for bleach unloaded at Gorman Hall ; sometimes, trucks would arrive after 5 pm when PM2, the forklift operators, would be back at the Gallup motels; due to safety issues, trucks could not be unloaded in the dark 4. Conference call continued with IHS and David Harvey from Rockwell, Maryland ; some hand washing station spare parts were left at DCD by IHS partners who were in charge of installing the stations by 56

each of the transitional water points and permanent water points ; public outreach continued with emails going out to chapters and radio announcements ; DCD participated in the conference call as time allowed due to the operation chapter distribution ; closing tasks were discussed with field crew to finish up with training to the ramaining sites that will reconvene in the new year 5. DCD prepared for the reopening of the office under the orange status and was not a rushed reopening; some plexiglass were ordered and installed in the front lobby after a heavy glass was removed; this allowed the construction of the wall up to waist heighth and plexiglass was installed from that point on to four feet high; this allows visitors to come to the counter and ring the bell for service which protects the staff and provides mitigation measures

CHALLENGES

A. CAPITAL PROJECTS MANAGEMENT DEPARTMENT 1. CARES Act funding NNC CJY-67-20 NTUA POWERLINE, NTUA BROADBAND, NTUA SOLAR PROJECTS, CJN-47-20 BATHROOM ADDITIONS, TOTALLING $115,761,039 expired on December 30, 2020. 2. Emergency Procurement was not honored, contract for CJY-67-20 was held at OPVP for two weeks for contract title change which affected 73 Navajo families from receiving utility services. 3. Currently, CPDM has requested a time extension for the Sihasin projects, the deadline for Year 1 passed in November 2020. The time extension, Legislation # 0289-20, is in process at the Navajo Nation Council. The COVID-19 pandemic emergencies have impacted the progress of project coordination, mobilizing materials and supplies and labor, construction schedule, and project close-out. Multiple Chapters are still changing their Sihasin Projects for various reasons. Each change has to be approved at the Navajo Nation Council which has been very time consuming and causes delays in the implementation of the projects. 4. Executive Orders. 001-20, 003-20, 004-20, 005-20, 006-20, 008-20, 010-20, 011-20 and 012- 20 due to COVID-19 has severely limited any project activities including processing paperwork, contracts, fieldwork, construction. 5. CPMD staff currently work with 30% work force in the office on a rotating schedule to adhere to Navajo Nation Guidelines due to COVID-19 through December and home in shelter order is extended to Jan. 10, 2021. The staff that are not scheduled to work in the office are teleworking remotely 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 have limited staff and services due to COVID-19.

B. ADMINISTRATIVE SERVICES CENTER DEPARTMENT 57

1. Procurement & Chapter Budgets - Miscommunication and/or not fully inform of necessary paperwork needed when making request in the CARES Act Portal for the Chapter Distribution, leading to denial of chapter request. Short timelines greatly challenged ASC and Chapters. It was a challenge to understand the procurement procedures during the Chapter Expenditure Plan process with OOC/Baker Tilly. The CARES Act was not properly planned out and a lot of information and direction were not clear. This caused a lot of confusion among OOC, DCD and the Navajo People. Need to streamline the Chapter Budget process to expedite payments because of the bureaucracy by OOC and Accounts Payable is causing some Chapters to get utility disconnect notices. 2. Special Duty Pay – Due to miscommunication and lack of technical assistance and funding, Special Duty Pay was not provided to employees at ASC or Chapter employees. To our knowledge, OOC did not make any payments due to the CARES Act deadlines. Employees continue to request for Special Duty Pay and now employees are requesting for Hazard Duty Pay moving forward. ASC has limited funds and DCD will have a Leadership Meeting with RDC on January 11 regarding Special Duty Pay/Hazard Pay situation. The Annual department budget not approved until late by Navajo Nation government. Delays and change in deadlines was challenging for ASC and Chapters. The Pandemic has brought a lot of questions regarding NN Policies currently in place, especially Title 26. The Certified Chapter were greatly affected by the Cares Act and Special Duty Pay. 3. November 20 date change - Limited time with the process of the Chapters CARES Acts Distribution, leading to confusion and unable to process necessary requirements. Miscommunication and/or not fully inform of necessary paperwork needed when making request in the CARES Act Chapter Funds. Last minute changes leading to change of plans and/or unprepared, having to delay process. Chapters CARES Expenditure Plan for equipment, special duty pay and other workplace safety upgrades were all denied. A lot of restrictions were placed by NABI Committee which reduced the timeline and reallocation of CARES Act Funds to General Hardship Funds to spend the funds December 30, 2020. DCD/ASC lost 10 days to procure requests from chapters due to the change in date to November 20 by the NABI Committee. 4. Staffing & COVID safety concerns - Due to the COVID 19, it has been a struggle to contact Chapter Staff for emergency reasons. Chapters being closed due to COVID 19 and the various assistances for Certified and Non-certified. The "fear" of Chapter employees to return to work on a "Full Time Basis" due to the continuous spread of COVID 19. The ASC offices and a number of Chapters have vacant positions and/or staff testing positive, therefore, short staffed. This makes it challenging to fulfill the duties of these vacant positions and taken ASC staff time and closure of Chapters. With the NN having a rise in the number of individuals testing positive, the NN having to work from home and/or risking getting the virus so makes working

harder for some individuals due to poor internet or phone service and heighten the stress level of the individuals. Managing duties without having person-to-person meetings especially dealing with MIP system. ASC does not have remote access to MIP Fund Accounting Software to assist Chapter calls in and ASC cannot view the MIP module at Chapter location. This would minimize staff travel to Chapters. 5. Chapter Supply Distribution – Currently, the DCD/ASC leadership is responsible for securing semi- trucks to deliver supplies to Chapters. No funds are available from the CARES Act funds as anticipated due to the deadline of November 20. Thousands of pallets of supplies are being held at the OOC/Baker Tilly warehouses pending delivery to 105 Chapters. Chapter delivery has been slow starting on December 28 due to limited semi-trucks available. Small passenger trucks with flatbeds are not allowed to pick up supplies due to traffic safety issues and liability of loading process managed by OOC/Baker Tilly.

C. COMMUNITY HOUSING AND INFRASTRUCTURE DEPARTMENT 1. Community Development Block Grant Program: a. OR’s needing Purchase Orders for sanitation supplies materials for the safety of staff due to COVID-19 pandemic. b. (2) Staff affected by COVID-19 and have been quarantined at home and going through a recovery phase. 2. Home Improvement Program: a. OOC unable to process/approve Purchase Requisitions for building materials and equipment. b. FY-2020 funding needing a business unit number to be assigned by OMB to continue staff employment beyond 12/31/20. c. Limited carpenters to construct homes, due to the fear of COVID-19. 3. Community Housing & Infrastructure Department: a. Purchasing Department delaying the processing of service contracts for heavy equipment repair and purchase requisitions for building materials and sanitation supplies.

D. INFORMATION TECHNOLOGY 1. 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. 2. 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 Navajo Nation needs to elevate broadband as a critical infrastructure and invest heavily into broadband infrastructure. The COVID pandemic

brought these issues into stark focus where there were issues of connectivity for staff working from home. 3. The Navajo Nation government does not prioritize IT when budgeting compared to other governments and private institutions. 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.

E. RURAL ADDRESSING PROGRAM 1. Fieldwork had to be placed on hold due to Navajo Nation shutdown; some NNAA staff were designated as essential staff and came to the office on rotating basis; this interruption placed challenges in the operation with the daily duties of NNAA office and staff had to work from home 2. DCD staff assisted DSSI and PM2 employees who are the OOC (office of controller) partners ; DCD staff supported the OOC partners with various tasks such as bringing in fire chief for tent inspections, planning on where trash dumpsters will be places, where the extra water pallets to be placed, etc. ; morning briefing was also conducted by OOC partners regarding discussion items pertaining to the tent, Gorman Hall, and Gamerco warehouse 3. DCD did not have a budget to support the fairgrounds operation that would support the efforts at the fairgrounds such as portajohns, generators, pallet jacks, additional forklifts, first aid kits, and other items such as portable heating units for the tent; very cold conditions would also cause the main tent to be closed due to ice that posed unsafe entrance; melting snow coming off the tent would cause built up of ice and this was dangerous conditions for forklift tractions and human traffic 4. Chapters would have to close their doors when their building is compromised and staff are told to be in quarantine for 14 days; this posed challenges with private individuals requested to obtain their physical address verifications to renew their driver license or when they are purchasing a new vehicle; for New Mexico residents, MVD requires private individual to acquire two proof of residency document but if the chapters are closed, only NNAA can provide documents; this is challenging to the private folks who still have to obtain the second document that must match what NNAA provides. 5. DCD did not have a budget to support temporary workers to help out with fairgrounds assignments; therefore, DCD only provided names to be sent to OOC partners so that those folks can do the actual hiring; some applications were collected by DCD and forwarded to OOC partners; some were hired and some are still pending; additional applicants are still coming in and with OOC shutting down because their building is compromised, this posed a challenge with the hiring process

OUTREACH AND COMMUNICATION

Division of Economic Development

WINTER COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

MAJOR ACCOMPLISHMENTS

Support Services Department 1. Financial close-out expense report $60M CARES Fund appropriation.

Project Development Department 1. Ganado Shopping center’s Modification #9 was approved and Pay Application was submitted in October to Support Services for processing. Currently no payment has been issued. No internal approval on Mod. No #10 which would include a service contract with Arviso Construction and additional site work sch as a maintenance shed for the existing maintenance personnel. 2. A grant application was submitted to Seattle Regional Office, Department of Commerce, Economic Development Administration for development of Comprehensive Economic Development Strategy 2020 under the CARES Act. Verbal and notification was received. 3. The RFP for Operational and Maintenance to begin a service contract for the shopping centers and the individual parks are in draft format and submitted for approal. No update on the status. 4. The contract for Building Nations under the CARES Act was revised and corrected using correct forms and account numbers, line items. 5. One site visit by a company this quarter to Chruch Rock Industrial Park to the former Cabinets SW Warehouse. The Department’s propsed architect contract with IDS+A, LLC was executed by President and the Notice to Proceed was October 6, 2020 for Phase II design for the glove factory. The Department with the Architect will advertise for a Construction Management at Risk to begin the construction process. A contract with the iina’ba, Inc., was executed for installation of a cattleguard at driveway entracne in December 2020. 6. A contract was completed by iina’ba, Inc., for the HVAC replacement and land improvements, solar lighting in the parking lot to the Shiprock Industrial Building in November 2020. 7. An Interdepartmental Lease with the Navajo Public Safety and the Division has been negotiated and is pending DOJ’s review. 8. The Chinle Drainage project contract was completed in October, 2020 by Clawson Excavating, LLC. 9. A Request for Proposals for site master planning service was advertised for Leupp and Dennehotso, Arizona. Two addendums have been issued. The due date is now December 30th. 10. Native Partnership for Housing (NPH) continues construction activities at Karigan Estates through its wholly owned construction company, Clear Water Construction Partners, Inc. Twinty-seven (27) homes were constructed by NPH at Karigan Estates have been sold and are occupied.

Currently there are about 8-12 potential buyers, however NPH is running out of buildable lots, some areas have had erosion issues over the years. The Navajo Nation is still the owner of the unsold propeties and have site issues need to be fixed and paid for by DED. The Department requested funding be included in DED 5 Year Plan, however, no approvals have been issued on the amended plan. 63

11. All Karigan Estates, Commercial Property future plans are on hold to sell the commercial property due to COVID-19 government shut down and implementing marketing efforts to sell. The Department will continue to work with Navajo Land Department the next year to address issues. 12. A final review of the new Bashas NahataDzill Grocery Store tenant business site lease grocery store at the new shopping center is again being reviewed by legal counsel. The Environmental Review is also being addressed to complete a new Biological Survey as requested by DED Real Estate Department. 13. The AIA Contract with Medallion hospitality for development of Shonto Hotel is in progress.

Navajo Tourism Department

1. PROJECTS:

ASU-NEW MEXICO & UTAH VISITOR IMPACT STUDY: This MOA document completed the review process and was sent to the NOPVP for signature. However, the counsel for President Nez recommended that Navajo Tourism cancel the project due to Covid19. The Tourism Department Director agreed and decided to postpone the implementation of the project. In light of new information, The Tourism Director directed that the MOA document be processed again.

SHIPROCK VISITOR CENTER: Seven-acre site is COMPLETE with 1) Land Designation; 2) Phase One-Architectural Design; 3) Environmental / Biological / Archeological Assessments.

In Progress: 1) NFA Site Clearances; 2) Phase Two of the Architectural design, layout, geotechnical investigation. Pending: Site clean-up by Navajo Engineering Construction Authority upon completion of Site Clearances. Incomplete: 1) Lack of response from Navajo EPA-LUST requesting for an update on the monitoring wells on the site; 2) Maps and discussions on methods and cost of current infrastructures with Navajo Utility Authority; Frontier Communications, no response appears to be due to the pandemic.

NN WIDE DESIGN & SIGNAGE: NO progress. Funds have to be identified. 2. NAVAJO TOURISM-COORDINATION/COLLABORATION AMONG NAVAJO NATION PROGAMS, DEPARTMENTS, DIVISIONS & ENTERPRISES:

The following activitiers will be addressed once the Nation's lockdown has been lifted: a. Revise the Navajo Tourism Department Five Year Strategic Plan: b. Navajo Tourism "discovernavajo" brand and logo across the country. c. Navajo Visitation Data: d. Navajo Parks & Recreation e. Navajo Arts/Craft 64

f. Navajo Department of Technology g. Navajo Hospitality Enterprise

3. PROVIDE TECHNICAL ASSISTANCE TO CHAPTERS, CLIENTS AND ORGANIZATION ENTITIES:: Unable to provide any technical assistance during the pandemic.

4. Tooh Recreational Vehicle Park: COMPLETE: 1) Land Designation of 38.17-acres; 2) Asbestos Sampling in the former Bond & Bond building (the acreage a part of the RV park);

Pending: Unfortunately, the Project now requires 1) an evaluation and inventory of the damages incurred by the Hemp Operations; 2) site cleanup of Hemp Operation debris; 3) Identify funding for an RFP and demolition/cleanup of Bond & Bond building; RFP to conduct an Environmental Assessment on the added RV acreage ; RFP to conduct necessary Lead Sampling on Bond & Bond building; 4) A Navajo-LUST update on the 3 monitoring wells on Bond & Bond site; 5) requested maps and discussion on methods and cost to re-structure infrastructures with Navajo Tribal Utility Authority, Frontier Communications and Navajo and New Mexico State Transportation departments with ingress and egresses; 6) address project design and funding. (*The Shiprock Chapter has cement- blocked Bond and Bond building site for public safety). Cameron Tourism Development Project: Assist requesting for support letter to fund project. Shiprock Pinnacle Park: Assist requesting support letters to fund the development of a Navajo Park at the Shiprock Pinnacle.

5. MARKETING THROUGH VARIOUS MEDIA OUTLETS:

DISCOVERNAVAJO.COM WEBSITE: the website will be revised to be more user friendly. Still awaiting directive to process from Department Director. Analyze of the website content was completed through New Mexico Office of Tourism funds, who made recommendations that it be inserted to the website during revision.

EMAIL MARKETING: the website's home page was established to retrieve the public's email information and offered the Navajo Tourism newsletter and other promotion ideas.

SEARCH ENGINE OPTIMIZATION (SEO): Use of key words to increase audience interest to visiting the Navajo Nation when it's safe to do so.

SOCIAL MEDIA ACCOUNTS: Use of text and images to instill the public interest to visit the Navajo Nation when it’s safe. INSTAGRAM: 3,491 Followers. 218 Posts. FACEBOOK: 6,622 Followers. TWITTER: 1,389 Followers. Monitoring of Google Analytics : The Google Analytics is a very important tool to monitor the website traffic and public interest by comparing the current data with last years date of clicks and impressions. the clicks and impressions are the number of the public who view the website. 1. From July 1 to September 30: Users to the website picked up in one day from July 1 (over 65

stats of March 31). Users increased 70.6% -- July 1: 998 and March 31: 585. 2. From 75,906 Users from March 31-Jun. 30, 2020 to 85,463. Users from July 1, to Sept. 30, 2020. Resulting in a 12.59% increase over the previous quarter. 3. Countries visitation shift to website a. Decreased online visitors from overseas countries over the previous quarter: United Kingdom decreased by 36.38%; Canada slipped 34.66%; Germany declined at 32.88%; and Australia declined at 45.74%. The decrease is likely due to the news headlines of closure of entry of foreign visitors to the United States stated in the Centers of Disease Control (cdc.gov). Places on the non-admittance list is: China; Iran; European Schengen area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican City); United Kingdom, Republic of Ireland, and Brazil. This listing was updated on September 14, 2020. LINK: https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html b. Interestingly, we have increased Users from Japan (Users increased 14%); Mexico (Users increased 31%); and China (Users increased 157%) 4. Site Pages Views on discovernavajo.com a. Most viewed page on website: Antelope Canyon = 19,814 b. 2nd Most Viewed page: Navajo Culture = 14,704 c. 3rd Most Viewed page: Navajo Culture and History = 14,194 d. 4th Most Viewed page: Home Page = 12,480 e. 5th Most Viewed page: Fact Sheet = 9,402 5. Website Traffic Source (referral/source) a. Visit Arizona (visitarizona.com): 1,560 Views, decrease of 80.37% over the previous quarter. b. Facebook: 506 Views, an increase of 57.1% over the previous quarter. c. The Discoverer (thediscoverer.com): 198 Views, a decrease of 36.74% from the previous quarter. d. Atlas Obscura (atlasobscura.com): 152 Views, a increase of 49.02% from the previous quarter. e. New Mexico True (NM Tourism @ newmexico.org): 152 Views, a decrease of 29.95% from the previous quarter. 6. How people are finding our website discovernavajo.com?: a. Google.com general search: Users 61,114 increased over the previous quarter of 53,901. 13.38% Increase. b. Direct Website: Users 17,952, increased over the previous quarter of 9,217. 94.77% Increase. c. Visit Arizona (visitarizona.com): Users 1,560 decreased from the previous quarter of 7,947. 80.37% decrease. 7. Social Media – Instagram: Peak time and date: Wednesday's at 12pm local time (MST- Denver); Age Group highest viewership: 30% with ages 25-34. Lowest age group: 5.9% with ages 65+. 66

a. July 29: "This never gets old #Shiprock" Photo was credited to a User @byron.mead. Photo location, Shiprock pinnacle with the lava spine in aerial format shot. "Likes" @ 542. b. August 4: "These are odd times but this land is timeless. #monumentvalley #beauty. Photo Credit: @william_et_nelly." Photo is a panorama of the 3 buttes in Monument Valley with cloud cover and shadow play. "Likes" @ 521. c. August 6: "There are still mysteries to be discovered on this historic land #DiscoverNavajo #Antelopecanyon. Photo credit: @si_hobbs." Photo is of a small portion of Antelope Canyon with a sun beaming through a circular hole. "Likes" @ 277. d. August 9: "Canyon De Chelly from above. Photo Credit: Mark Money on Facebook." Photo is a drone aerial shot of Canyon De Chelly during the Golden Hour sunset. "Likes" at 462. e. August 24: "Yá’át’ééh abíní! Our tribal parks are still closed to the public. But once its safe to meet again, we will be waiting. Until then, feel free to explore our website to plan your next trip to the Navajo Nation, visit us at www.discovernavajo.com (Video location: Upper Antelope Canyon, Arizona – on the Navajo Nation)." Video is 1 minute long featuring a photo tour of the Antelope Canyon with sand being tossed up. Views @ 478. f. September 17, 2020: "Yá’át’ééh! For 2021 – let’s start making our travel plans! Our video here will give you a small insight on what is available on the Navajo Nation. Take a tour of Antelope Canyon or even a Jeep tour in Canyon de Chelly. Enjoy a cappuccino from Hogan Espresso in Tuba City, AZ! Take in the views at Monument Valley. Rent a kayak at Antelope Point Marina. Whatever your delights, you can start your travel plans by visiting our website at www.DiscoverNavajo.com or follow our Instagram!" Video is 1 minute long featuring Navajo tribal parks and enterprise in Tuba City, the coffee shop. Views @ 297.

8. Printed and videoed Promotion Ads: 1. Arizona Marketing Co-Op Plan a. National Park Trips - Grand Canyon Journal: Ad was a full-page (slightly under 8.5"x11" page size), full-color and will be featured in a printed guide for paid distribution. b. LAMAR digital billboard advertising - digital billboard display with ad rotation in the following locations: -San Diego Airport -Los Angeles Airport -Chicago O'Hare Airport.

OTHER NAVAJO TOURISM ACTIVITIES: Distribution of Navajo Visitors Guide: Inspite of the pandemic, Navajo Visitors Guides are still being requested and mailed. This is good news, as it indicates that the public is still interested in visiting the Navajo Nation when it's safe to do so.

Co-partnership with Arizona, New Mexico and Utah State Office of Tourism: The original co- op partnership with New Mexico Office of Tourism was cancelled on the grant application submitted. However, in October 2020, New Mexico OT offered "Recovery Funds", which Navajo Tourism accepted. Currently, Navajo Tourism is working with NMOT in structuring the activities for the NM portion of New Mexico.

The Co-Op grant application submitted to Arizona Office of Tourism was approved and being 67

implemented at this time. Navajo Tourism selected various media outlets to design marketing ADs for posting from September 2020 to August 2021.

Utah Office of Tourism offered a "staycation" co-op grant, which Navajo Tourism received. Currently the grant activities are being implementing in the Monument Valley Tribal Park, since it is located in Utah. We have also established communications with the Utah San Juan Visitor Center to bring awareness of the existence of Navajo Tourism.

The Arizona Office of Tourism also completed their co-op grant cycle on August 25, 2020. There likely will be some ad selection that Navajo Tourism made will not be approved due to the lack of vendor interest. Two ads have already been produced and sent to the publishers for posting after October 2020.

Collaboration with tribal and states convention centers’, visitor bureaus/centers’, conferences and expos: Since the lockdown, very little interaction with the above organizations due to the pandemic as they too are working towards recovery.

Professional Services Contracts: Two MOA's still need to be finalized: "USDA A Rural Business Development Grant: and "ASU New Mexico Visitor Profile & Economic Study". 6B Processing: Navajo Tourism staff 6b processor recommends that all DED Departments assign staff to become 6b certified.

2020 Navajo Economic Summit: The Division has tentatively rescheduled the Conference to April 2021. The committee continues to have the website in place inputting new information and updating Agenda components, including speakers.

Business Regulatory Department 1. Reviewing of nearly 5,000 Certification applications for CARES Artisian Relief Funds. 2. Providing technical assistance to applicants for Financial Hardship Assistance Program 3. Maintained staffing & providing consistant flow of services regarding NBOA/NNCC Documents for processing during NN Government closure.

Small Business Development Department a. Projects: - Administered a Professional Engineering Services Contract with Westland Resources, Inc. to design and generate construction documents for the site infrastructure for the Montezuma Creek 25 acres commercial site. This site will accommodate approximately 4 potential operators. The contract is with Westland Resources, Inc. of Flagstaff, AZ and the total amount is $62,871.30. The contract documents are approximately 95% complete. Westland Resources is currently investigating a potential conflict between the sewerline routing and existing oil pipelines.

- Administered a Professional Engineering Services Contract with iina ba, inc. to design and generate construction documents for site work and site infrastructure for the Indian Wells 10 acres commercial site. This site will accommodate approximately 4 potential operators. The contract is with iina ba, inc. of Farmington, NM and the total amount is $89,867.50. - Administered an infrastructure construction contract for the Indian Wells Commercial Development site. A construction contract, in the amount of $601,012.96, was awarded to Arviso Construction, Inc. to construct the infrastructure. Issued a contract modification in the amount of $48,359.24 to lower an existing fiber optics line that is in conflict with one an access road to the site. All work has been completed. Currently, the work is being evaluated to ensure that all work has been done in accordance with the plans and specifications. There is some work that is not in accordance the project plans and specifications. The project engineer is working with the contractor to resolve the issue. - Administered a professional services contract for Engineering Services to prepare a site plan and infrastructure construction plans for 7.3 acres of land designated as an Industrial/Commercial Park in Tse Bonito, NM. Ritoch-Powell & Associates was awarded the contract in the amount of $128,088. The site plan has been completed and the engineering/construction plans are approximately 95% completed. The only remaining item to complete the construction plans is to obtain a driveway permit from the New Mexico Department of Transportation. - Administered a professional services contract for Engineering Services to prepare a site plan and infrastructure construction plans for 22.6 acres of land designated as an Industrial/Commercial Park in Tuba City, AZ and to provide engineering services in the development of construction plans for the site infrastructure. Awarded a Professional Services Contract to Ritoch-Powell & Associates to provide the engineering services in the amount of $150,000. A Notice to Proceed was issued to RPA on December 11, 2019 to begin the project. RPA is currently proceeding the design services. - Advertised an Invitation For Bids to procure a contractor for asbestos abatement and demolition/cleanup work at 7 business sites at various locations on the Navajo Nation. The department is in the process of awarding a contract, in the amount of $979,671, to Whiteriver Construction, Inc. to accomplish to work. The proposed contract is currently under review. b. Due to the COVID-19 Pandemic, the department assisted clientele with the CARES Act funding application, approximately over 8,000 clients were assisted by one-on-one meetings (telephone/email/etc.), training, weekly outreach with resource providers (Dineh Chamber of Commerce, Gallup SBDO, West Corp, San Juan Community College, National Center for Economic Development, American Indian Chamber of Commerce of New Mexico & Arizona) c. Conducted coordinated Navajo Business Opportunity Day, with 6 workshop sessions via virtial conference. Participated business to business opportunity meeting session with 22 businesses. d. Reviewed 2 business site leasing transactions/land withdrawal use. e. Reviewed 12 Business Plans, includes applications for the CARES Act funding. f. Assisted approximately 200 clients with completion of business g. Created 80 jobs.

Chinle Regional Business Development Office; a. Chinle RBDO, for the upcoming FY2021 at 100% budget program operation, was approved. b. Chinle RBDO staff provided twenty-one (21) technical assistance and one-on-one trainings for the Cares Act funds for Navajo Businesses and Artisans Economic Relief Grant Program. Applicants were assistance including online application Part 1 & 2 and paper applications, submitting required documents, Navajo Business Certification, Navajo Tax Form 100, W9 form, and grant application submittal. Two others were assisted with business plans. c. Chinle RBDO has been on staggered schedule since return-to-work on August 17, 2020. The office continues to perform in accordance with the department guidelines and staff continue to practice office sanitizing, personal sanitizing, wearing mask, and social distancing. Meetings are limited to phone conference, virtual meetings, and emails where needed. d. Continuation of dissemination of information to the businesses and their owners regarding the Payroll Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) in this first quarter and information via online webinars. e. Renewal for three (3) temporary permits were submitted to Real Estate Department. RED requires Procurement Clearance and insurance documents. f. Navajo Nation Oil & Gas Land Relinquishment documents submitted to 164 Executive Review was found to be legally insufficient by Dept. of Justice. Issues relate to previous NNOG’s BSL Novation transaction which Real Estate deemed insufficient due to survey discrepancies. CRBDO is currently working with Blue Gap Chapter land surveyor to correct these dated surveys.

Eastern Regional Business Development Office: a. Crownpoint Hotel & Conference Center - Bank completed loan documents and approved construction funds. Construction contractor selected to complete hotel construction. Still Awaiting DOJ and Controller approval of escrow account for project (as of Dec, 2020). Secured $15 million in funding for the Crownpoint Hotel project utilizing private and matching tribal funds. b. Churchrock Convenience Store & Gas Station - Construction General contractor selection completed & Sub-contractors bids secured. Construction permits have been secured with utility and highway entities. Awaiting final driveway permits from NM DOT. Bank to finalize loan documents with BIA Credit Office. c. Crownpoint Convenience Store, Gas Station & Laundromat - General Construction contract completed & sub-contractor bids secured. Construction permits have been secured for utilities. Driveway permits approved from BIA. Bank to finalize loan documents with BIA Credit Office and business tenant. d. Nageezi Hotel /RV park - 13 acres secured, working on Environmental Assessment and Land Appraisal with Chapter, to be completed early CY 2021 (*studies have been delayed due to health pandemic). e. Pueblo Pintado Convenience Store & Gas Station - Potential Lessee has stated his intentions to re-open Convenience Store but plans have been delayed due to the health pandemic,** hope to begin store operations early CY 2021. f. Pueblo Pintado Retail M all - land clearances secured, working on utilities assessment.

Fort Defiance Regional Business Development Office: a. Dilkon Tracts (2 ½ acres): Completed re-surveying of the commercial tracts in Dilkon, Arizona. Red Mesa Trading Company (approx. 1.49 acres). Tract 1 and Tract 2 are available for development (both .55 acres). The Company requested to reduce their business acreage that wasn’t being used. b. Joe R. Mora, Incorporated (Ganado, AZ.): Extension request for an Emergency Operating Agreement (EOA) by Jo Ann Mora has been approved for another year beginning December 03, 2020 to December 03, 2021. FDRBDO is continuing to work with Ms. Mora in obtaining a Business Site Lease. Assisted Ms. Mora with the FY2021 Fuel Excise Tax (FET) application with the Navajo Tax Commission. c. Red Mesa Trading Company, Incorporated (Dilkon, AZ.): Extension request for an Emergency Operating Agreement (EOA) by Craig Callaway has been approved for another year beginning October 30, 2020 to October 30, 2021. FDRBDO is working with Mr. Callaway in obtaining a Business Site Lease. d. Assisted Craig Callaway with the FY2021 Fuel Excise Tax (FET) application with the Navajo Tax Commission. e. Taylor’s Affordable Towing (Chinle, AZ.): Extension request for a Revocable Use Permit (RUP) by Elbert Taylor is approved for another six (6) months beginning August 25, 2020 to February 25, 2021. f. Navajo Sanitation, Incorporated (Window Rock, AZ.): The company is contracted to provide solid waste containers for the removal and disposal of used tires (approx. 1,500) from the Former TY Automotive Business Site in Ganado, Arizona. New business Four Seasons Construction Company will occupy after cleanup. g. Goldtooth Precision Solutions, Incorporated (Tuba City, AZ.): The Navajo owned surveying firm completed re-surveying two (2) commercial tracts in Dilkon, Arizona. Official copies of survey plats are provided to the Department. Payment has been completed. These business sites will be advertised in the Navajo Times for interested applicants to apply and start their business when applicable. h. Four Seasons Construction Company LLC (Burnside, AZ.): The Revocable Use Permit (RUP) assigned to Albert Reid expired on its own term on 10/17/20 due to none development of the proposed hotel/restaurant project. The eight (8) acres commercial tract is available for development. Shiprock Regional Business Development Office: a. Shiprock Hotel Project-the Shiprock Hotel Project land withdrawal designation application filed with the Navajo Land Department (NLD) since August 2018 is pending. The Department of Interior Bureau of Indian Affairs completed the site demolition and clean up, and released the site to the Navajo Nation that was recently accepted by the President and Vice-President in

coordination with the Division of Natural Resources; Navajo EPA and Navajo Land Department. b. Shiprock Visitors Complex Project-the Shiprock Visitors Complex land withdrawal designation, legal survey plat and architectural conceptual design are completed. The archaeological clearance and environmental assessment contract approved; C#13888. c. Naabinachi Wozani Business Site Lease Project-the Naabinachi Wozani business site lease project is still pending DOJ action to reverse previous legal opinion. d. Procurement Clearances (2): 1. 11/10/2020: Jack Woodie, Jr., dba: JW Surveying Contract 2. 11/10/20: One (1) Emergency Operating Agreement, Teriannion Keams, Teec Nos Pos, Arizona

Western Regional Business Development Office: a. Assisted 155 people apply for the Artisan & Business Economic Relief Grant funds. b. Assisted 99 people apply for the Hardship Assistance fund c. Conducted a training to Navajo Champber of Commerce & Navajo Thaw Program.

CHALLENGES

Support Services Department 1. Implementation of the BIDF audit Correction Action Plan. Revising the Guidelines and working with other programs outside the division. 2. Implementation of the PCard audit Correction Action Plan. COVID-19 pandemic.

Project Development Department 1. Payments to Vendors are still not paid within 30 days of a receipts, Accounts Payable Department is jeopardizing progress of on-going projects to vendors. 2. 164 Review Process is cumbersome and lengthy especially for no-cost time extension, signatures by an authorize representatives, (OPVP). Other minor administrative documents are not signed in a timely manner. By the time a document is signed, the time extension has lapsed again. 3. Funding is needed to assist tenant maintenance and improvements, ie., drainage clean-up, flood clean-up, paving parking lots, street lights, and pave internal roads, HVAC.

Navajo Tourism Department

1. NAVAJO PRESIDENT NEZ INITIATIVES IN THE "HOZHO DINE BI NAHAT'A PLAN" priorities for Navajo Tourism accomplishments in these areas remains unchanged. Priority #1 can only be addressed by the OPVP and Council 2. HOTaxes decrease due to pandemic resulting in lost revenues for the Navajo Tourism Department. Must make up shortfall 72

3. Although, tourist want to visit the Navajo Nation (outdoors) even during the pandemic, but they have been informed NO. Tourist are informed about the Navajo Public Health Orders that closed all parks, recreation areas and museums and to "stay at home" to prevent increase of Covid19. Thus, this years will show a decrease in visitation. 4. The Navajo Nation have one purchasing agent for PPE supplies. 5. That 6b processorers be available during sign off at the end of the fiscal year. ie. P/PSC was not available during week last week for review resulting in denial of supply requests from Finance.

Business Regulatory Department

1. Shortage of staffing to review applications for CARES funds. 2. Processing of payments to vendors during NN closure. 3. No qualified applicants for Weights & Measures Inspectors position. 4. No Weights & Measure Inspectors on staff to conduct fuel dispensers/scales inspections.

Small Business Development Department/Regional Business Development Offices:

1. Small Business Development Department: a. It has been an unusal pass 3 months, due to COVID19 pandemic lock down it has created slow response and process on all contract process as will lack of communication among the Navajo Nation Offices. The RBDO staff had challenges to keep in contact as well as work activities, due to no internet access for those that live in remote locations. b. Lack of proper knowledge of office responsibilites, the diviision departments do not screen their clients properly and clients are misrouted. The department continues to receive calls meant for Business Regulatory Department. c. Slow turn around time with the Office of the Controller on payments for our vendors and contractors. Need better response time to avoid late payment fees.

2. Chinle Regional Business Development Office: a. NNDOJ new attorneys unfamiliar with previously performed lease transactions and returning 164 EOR documents as legally insufficient. b. Corona Virus continue its effects on the Navajo Nation economy, developments and Programs. Services and office working hours are limited. c. 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. d. Workshop and trainings for clients has been minimal due to the Navajo Nation Covid-19 restriction on gathering of any kind. CRBDO, however, provided one-on-one trainings and assistance through the quarter in regards to the CARES Act Funding for Small Businesses and Artisans.

3. Eastern Regional Business Development Office: a. The non-active status of the Business and Industrial Development Fund (BIDF) loan program, has hindered the building of the Navajo economy, effecting our clients and business owners to gain capital access to start, grow and establish their businesses. This issue has been going on nearly 5 years. Recommendation is to have Upper Management give an update on a timeline to expect Businesses apply for loans through this program. b. No timely response/communication from Navajo CDFI. Clients are willing to borrow funds to grow their business, but need working relationship with Navajo CDFI. Applications have been submitted for business ventures but no feedback from the office regarding application. c. Biggest challenge is to have our Navajo Nation entities (DOJ, Finance, Land Dept, NTUA, Chapters, etc.) work with outside entities (Banks, State Depts., Franchises, Infrastructure entities) to meet the client needs to move forward with their respective projects d. The main cause of deviations within OED are mainly from the bureaucratic nature of the Navajo Nation government. Our main SBDD office causes many delays in getting projects completed. Also, the Department of Justice is another huge barrier that hinders progress. The consequence is that projects are delayed or even taken off the books because business tenants are frustrated. There are many ways to solve these issues, but our bureaucratic nature won't allow us to make the necessary corrective actions. e. No timely responses within our Division from certain offices, no return emails, phone calls, etc., which causes unnecessary delays in moving forward building our economy.

4. Ft. Defiance Regional Business Development Office: a. It has been difficult completing assignments and other projects because of limited work schedules due to the Navajo Nation Public Health Executive Orders related to the COVID 19 pandemic. b. Program continues to provide limited services to businesses and individual clients via telephone calls and emails related to expiring leases and permits. c. There are four (4) Request for Services documents pending with Department of Justice for legal assistance/opinion regarding business site leases. 5. Shiprock Regional Business Development Office: a. No challenges to report for this quarter.

6. Western Regional Business Development Office: a. The challenges assisting people apply for the Artisan & Business Economic Relief Grant was, a lot of people did not have internet, computers or even a cell phone to apply for the Grant Program. Our office ended up assisting these people with email set up and helping them fill out their application, so their only contact to check on their status of 74

their application was at Western RBDO Office. The Artisan & Business Economic Relief Grant portal was shut down early with very little notification and a lot of our clients were locked out of the portal, those that got locked out of the system were not able to complete or make corrections to their applications. b. The requirement for businesses that applied for more than $50,000 was very difficult, for instance, they were required to submit a DUNS number, our little Mom& Pap Stores could not obtain a DUNS number because there are no physical addresses on the Navajo Nation. DUNS number are assign by the Federal Government to businesses that want to bid on Federal Project s. Requiring business to obtain DUNS number did not make any sense and a lot of our small businesses could not get DUNS numbers and they lost out on the Grant Funds. c. Due to the Pandemic, most staff are required to stay home and we don't have the computer equipment for them to work from home, some staff don't have internet too.

Tourism Department Project #1: Sovereignty Day – This will not change at this time. Project#2: Food Sovereignty Policy & Activities – This will not change at this time.

Chinle Regional Business Development Office: Project #1: Navajo Nation Business and Artisan’s Economic Relief Grant Program Project #2: Indian Wells Site Development. Project #3: Contract delay for business site demolition/cleanup on five sites.

Eastern Regional Business Development Office Project # 1: Crownpoint Hotel - Contractor selected, next step: secure escrow financial agreement with DOJ & Controller's Office. Project # 2: Church Rock Convenience Store - Construction contractor selected, next st ep: finalize loan documents with lending institution.

Ft. Defiance Regional Business Development Office Project # 1: Continued with assisting with applicants with the Navajo Business Artisans Economic Relief Grant and Hardship Funding via telephone and online.

Western Regional Business Development Project # 1: Artisan & Business Economic Relief Grant Project # 2: The Hardship Program

Navajo Division of General Services

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

MAJOR ACCOMPLISHMENTS

1. AIR-For FY'2021, Navajo Air has secured funding to assist with the NN#C014274, for the Beechcraft Aircraft N214P, which is still in the process for overhaul. Also advertising the Aircraft Pilot position and Mechanic.

2. DIT-For CJN-47-20, $2M from the CARES ACT Fund. As of December 17, 2020, DIT Desktop Section purchased and delivered 387 laptops to the NN Government; For CS-73- 20, Sacred Wind and Cellular One were awarded $5,681,983.40 and $7,983,592.00 respectively. As of December 17, both have expended all funds and continue to provide services on Professional Service Contract.

3. DIT-Provides a wide array of IT services to assist in priority accomplishments. These IT services are the underlying foundation of business continuity and efficiency. The DIT Desktop team can provide IT quotes, IT 6B Approval advise on IT purchases, setup PCs, Laptops for programs, peripheral devices, etc. THE DIT Software team can create websites for various priorities, back-up data. DIT has backup/recovery solution to save data, SharePoint portals, graphic design, fillable pdfs, customized & optimize graphics, database administration, etc.

4. NNTU-Completed preventive maintenance on 5 Radio Frequency Network Sites for Two Way Radio Communication; Conducted Two Way Radio Mobile & Portable inventory at Kayenta & WR Police Dept.

5. FMD-Facilities received $10M in CARES Act Funds. COVID-19 Decontaminination Service for the NN Departments/ Programs and Navajo Nation Chapters.

6. NTS-Route Service/Operations: Route Service suspension continued throughout all of 1st Quarter and notification sent out to FTA, ADOT and NM DOT. GRANTS-FY'21 NM DOT Memorandum of Agreement for CARES completed.

7. EHP-The Program's maintenace personnel continue to revovate vacant housing units. The Program also provides repair and maintenance to Employee Housing Units.

8. FMD-Provided Routine Preventive and Emergency COVID-19 Decontaminiation Services for all Navajo Nation Government and Chapter facilities on and off the Navajo reservation.

CHALLENGES

1. AIR-Identifying and secured funds for Contract-C014274 with the vendor Dallas Air motive of Dallas, TX. Another area of concern is identifying funds for the Beechcraft King Air N200GS for engine overhaul. Navajo Air has not received any NN Applications for the Pilot and Mechanic positions.

2. DIT-A rise in cybersecurity vulnerabilities and threats is of major concern. The existing NN Government IT infrastructure needs to be enhanced by updating appliances & services. Due to the lack of resources and to alleviate costly on-premise options, Key IT related services are now cloud-based. The CARES ACT guidelines excluded key IT initiatives. DIT has submitted a $7M Unmet Needs Budget.

3. NNTU-Government Shutdown due to COVID-19 pandemic. -Delays in approval of FY'2021 Operating Budget.

4. FMD-Facilities were able to encumber (3) Contracts for decontamination services in the amount of $6.5M. The procurement process was not completed due to the lack of communication between FMD and OOC. This conflicted the payment process in losing funds for FMD in the amount of $3.5M.

Project # 1: FMD-Facilities Maintenance minimized the spread of COVID-19, and had been able to remain in operation during the pandemic & NN Gov't Closure. FMD staff are encouraged to stay safe at work and home by obeying the Stay-at-Home Order issued by OPVP. Reconfiguration and fabrication of safety barriers for NN Departments/ Programs.

Outreach and Communication

Date: Number( Type of Activities & Outcome (MM/DD/YY Location: Event Name: s) (Brief Summary) YY) Reached: 10/01/2020- NN Drive up Academic related 12/31/2020 Museum Internet access Unlimted for college & university studets

10/01/2020- DIT OPVP Updates on Covid-19 12/31/2020 Network Townhall Unlimited sessions 10/01/2020- DIT Covid-19 NDOH Covid-19 website; NN 12/31/2020 Network Information Unlimited Press release & NN governement announcements related to Covid-19 10/01/2020- DIT HCOC Stakehold Daily Updates on Covid-19 12/31/2020 Network Teleconference ers Represen tatives 10/01/2020- DIT Speaker's Stakehold Weekly Updates on CARES Act 12/31/2020 Network CARES Act ers Updates 10/01/2020- DIT NNC Sessions Stakeshol NN Government Business 12/31/2020 Network ders 10/22/20 Gallup, NM Southern Nation- Contract for COVID-19 Solution Envir Wide Decontamination Service 11/02/2020 Farmington, Navajo Nation Nation- Contract for COVID-19 NM wide Decontamination Service 11/11/20 Shiprock, Dineh Nation Hemp removal NM Benally’s wide Hemp Farm 12/04/20 Ft. Toys for Tots Nation Annual Toys for Tots unloading Defiance, Wide and deliver AZ

Navajo Division of Public Safety

WINTER COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

MAJOR ACCOMPLISHMENTS

DEPARTMENT OF CORRECTIONS

a) NDOC continues to provide daily operational services utilizing the COVID 19 protocol in conjunction with the CDC guidelines in detaining individuals who require being in our facilities. NDOC believes through the education, use of the NDOC C-19 protocol and showing each individual the proper use of PPEs has reduced number of C-19 positive detainees by a huge number; between January and to date, December 2020 we reported 93 cases in detainees and 83 positive cases in staff with 5 current positives and 2 in Self Quarantine. This quarter NDOC reports only 12 positive cases in detainees and 36 staff that were in isolation. The practice of self-awareness and taking additional safety precaution has limit the number of cases within our facilities. In all Correction Districts, all staffing and detainees are being tested on a regular basis by the local I.H.S facilities. b) NDOC works towards BIA contract compliance by ensuring number of training hours required, completed and updated background investigations for all corrections personnel, updates on the BIA facility self-audit covering the daily operations of a facility, (fire, electrical and plumbing standards, personnel compliance and record keeping). All numbers for the NDOC annual compliance have been met and will start up a new listing for the upcoming year. c) Special Duty Pay paid out to a number of our NDOC District personnel. To date the amount paid out to all District Correction personnel total an amount of $771,510.76, with $ 195,076.58 pending for full pay out. d) The NDOC served over 4248 individuals during the past three months showing a slight increase in the numbers of service. NDOC facilities continues to operate with only communication services for inmates to contact family, no services, no referrals and no visitation during the quarter due to the Covid19 pandemic and to ensure safety of all staff and inmates. A total 167 inmate’s required medical attention during the period for health care monitoring, Covid19 testing and other minor medical needs. e) The NDOC served 29 juveniles during the quarter and facilities continuing with no inmate programming, visitation was limited to PayTel calls and letters. f) NDOC continues to work with two NDOJ attorneys to prepare a motion for a partial dismissal on the Navajo Nation 1992 Consent Decree, meeting is on-going with the NDOC Captain and two District Lieutenants.

3. CRIMINAL INVESTIGATIONS 83

a) The Medical Examiners section under DCI advertised its Shiprock positions and received responses to the Administrative Service Officer (ASO) position. The qualified individuals referred were interviewed, a selection was made, and is now pending a background investigation.

2. DEPARTMENT OF EMERGENCY MANAGEMENT

a) Navajo Department of Emergency Management issued the very first AMBER Alert for two abducted Navajo children on November 25, 2020. Both children were located safe and one arrest was made. b) 2. Navajo Department of Emergency Management working with Department of Justice and Budget and Finance committee created the Navajo Nation Donation Fund Management Plan and was approved by BNF. c) Able to renew the Mass Notification Contract which includes the AMBER Alert System for 1 year. d) Continue to support the Humanitarian Aid Efforts during the COVID-19 pandemic.

3. DEPARTMENT OF EMERGENCY MEDICAL SERVICE a) Executed Annual Funding Agreement with Navajo Area Indian Health Service. b) EMS Personnel received their first COVID-19 vaccination dose. c) Submission of all Special Duty/Hazard Pay for EMS personnel. d) Final DRAFT of proposed EMS Medical Director contract with the University of NM Medical Group.

4. FIRE AND RESCUE SERVICES

a) Continuing Education: EMS course completed. In addition, Fire Leadership courses, Inspector courses, Instructor courses, Rescue courses, advanced wildland courses are also being scheduled. Fire Academy to continue firefighter recruits. Update: b) BIDS Completed: 2 completed 1. 8 new fire trucks to be purchase for 2021 delivery 2. Window Rock fire station interior renovations Updates: o Vehicles to be purchased for 2021 delivery 84

o Window Rock fire station interior renovation to begin in October 2020. c) COVID -19 1. Impact operations for all public safety o NN Fire Department major contributor o Assist with Operation Red Berry Operation o Assist NN Dept. of Health EOC

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) Continuous efforts with COVID-19: began March, 2020 - contact with families infected with the virus: concerns, and needs - continuous efforts to enforce the Curfew/Lock Downs for Navajo Nation. b) Continue to take a proactive role in combating DUI impaired drivers, speeders with aggressive traffic enforcement. c) Testing of all DPS personnel continuous for COVID 19, and wearing of mask is mandatory while at the office or out in the field making contact or interacting with the public. d) Public Safety Education Awareness: conduct public service announcement checkpoint in all communities regarding the current public health orders surrounding the pandemic. e) Implemented a multiday proactive joint Law Enforcement operation combating the illegal cultivation of Hemp in Shiprock, NM. This operation is a culmination joint effort comprising multiple tribal, state, and federal agencies.\ f) Class #55 Police Recruits: graduation date set for January 2, 2021 – virtual. g) Establishing online trainings for Police Officers with PoliceOne Academy to meet yearly training requirements during the pandemic. 85

h) Officers throughout the 7 districts are receiving the COVID vaccine. I) Some police districts have implemented joint law enforcements operations during the Holiday(s), targeting drug trafficking through aggressive highway drug interdictions while simultaneously combating DUI impaired drivers and speeders. These operations were a culmination joint effort comprising multiple tribal, county, and State, agencies. j) Working with the Nahatadzil Chapter to establish a police sub-station in the community of Sanders, Az

CHALLENGES

DEPARTMENT OF CORRECTIONS

a) NDOC continues to encounter problems with the Navajo Police Officers in complying with Covid-19 Protocol that is in place. Their tendency is to bring in arrestees and want to book them without medical clearances even when the arrestees are showing signs of Covid19. NDOC has had meeting with the Health Care professionals and come to an understanding that for new arrestees of individual who are showing the signs of the Covid19, they will need to be medically cleared before being booked into the detention facilities. The Corrections personnel will take arrestees who are not show any signs of the Covid19 following booking by making an appointment for testing. NDOCs recommendation is to have Navajo Police Officers comply with the required medical clearances as stated in the General Orders 79-05 & 79-23 and not release inmates at the back doors of the facility. b) NDOC needs Staff housing for NDOC staff, many of our staff commute over an hour to work assigned shifts and takes a toll on staff, personal burn outs which leads to an increase in resignations for our department. c) NDOC Administration Staff Non-exempt (3) and Exempt (4) still has not received any compensation of payment for special duty pay in an amount of $49,690.00. The BIA/tribal enrollment funds were used to pay the special duty pay, this was due to NDOC not having funds in its regular personnel contract to pay for this unexpected expense due to the Codvid19 pandemic causing staff to work in dangerous conditions. The special duty pay was created by the Navajo Nation in order to pay personnel working frontlines in these uncertain conditions. d) NDOC continues with limited resources due to the COVID 19 to operate each facility to meet all detainee’s daily inmate programming, recreation, food service, medical services and providing a humane living environment.

2. DEPARTMENT OF CRIMINAL INVESTIGATIONS a) Insufficient funds continue to be a major challenge for the department especially in paying 86

its essential employees their Special/Hazard Duty and Overtime Pay, and purchasing Personal Protective Equipment (PPE) and disinfectant supplies trying to keep pace with the extensions of the Executive Order and the pandemic. b) Inadequate amount of personnel for the department also continue to be a challenge in executing both its 638 Law Enforcement Scope of Work, and the Navajo Nation's Coroner and Deputy Coroner appointments and Missing Persons Unit. The inadequate amount of personnel has been further affected by personnel testing positive for the virus and going on COVID-19 leave for 120 hours at a time devastating the department's ability to achieve effective program deliverables.

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) Extended closure of Fleet Management for services for Department Ambulances. b) Procurement of COVID-19 related and other department purchases c) Staff contracting the COVID-19 virus.

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 implementation of body-worn cameras continues to be an area of conversation, nationally mainly. Navajo Police Department is actively and unceasingly addressing with our police officers when is the camera activated? This was a challenge for us initially, but now officers are wearing body cameras and activating their body cameras on police officer calls and situations. b) COVID-19 has challenged us on how we conduct meetings, essential and non-essential employees, hiring and interviewing. c) The pandemic has been a challenge since Officers who get the COVID virus have to be out or testing of the virus quarantines them, shifts become smaller, which makes police operations harder. Also, the physical and psychological effects from COVID-19 on the police personnel. d) Police reports: pending reports vs. call outs for services during the pandemic

1. CRIMINAL INVESTIGATIONS a) Project 1: 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

Navajo Department of Health

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

MAJOR ACCOMPLISHMENTS

1. The Navajo Nation HCOC provided 3,193 COVID-19 tests to employees and community members in November and December. The positivity rate is 5.7%. The testing sites are in Kayenta, Chinle, Tuba, Dilkon, Shiprock and St. Michaels.

2. Utilization of isolation and alternate care site to care for COVID-19 positive patients. There were 439 referrals total and 190 were admitted in Chinle.

3. In light of the COVID-19 Pandemic, the Navajo Department of Health continues to provide essential health related services to the Navajo people. During FY2021 first quarter, a total of 104,965 persons were served with prevention education concerning COVID-19; contact tracing and community care; CHR client contact and health education; WIC nutrition education; cancer prevention; diabetes education, and domestic violence awareness.

4. The Substance Abuse and Suicide Prevention Program (SASPP) grant, which is formally known as MSPI, has been authorized and approved for an extension to September 2021, to all the DBMHS to continue project activities.

5. The Navajo CHR Outreach Program received the National Indian Health Board 2020 Local Impact Award for its service during the COVID-19 Pandemic. The CHR's were identified as "frontline workers" by the Navajo Nation President. Currently, the CHR's continue to provide service while there is a shutdown of the Navajo Nation government.

6. The Navajo Special Diabetes Program organized and conducted the 10th Annual Running for Stronger and Healthier Navajo Nation as a virtual event. A total of 1,306 individuals registered for the event, however, only 299 completed the 10 week event. A total of 24,014.51 miles were completed by the participants. The event was intended to promote health and wellness among all age groups.

CHALLENGES

1. Concern related to Capital Projects Management (CPM) Office: All DBMHS projects have been assigned a Project Manager however the office has been informed that CPM is backlogged, therefore the new Crownpoint Outpatient Treatment Center project remains

stagnant, now since 2016. DBMHS continues to communicate with CPM, but to the date no progress or movement has been made on the projects.

2. The construction of the Dilkon Health Center had to be shutdown on November 30, 2020 to due workers contracting COVID-19. The project is scheduled to resume in early January 2021.

3. NDOH Programs reporting concern with the delayed processing of personnel documents, financial documents, 164 review process, and reviews of contractural agreements.

4. Respective NDOH programs report concerns with the lack of support to pay essential workers (non-exempt and exempt status employees) special duty and hazardous duty pay. Several program employeees remained on duty while the rest of the Navajo Nation government was on administrative duty. Programs respectfully request compensation to employees for the time they committed to clients and the Navajo Nation while risking exposure to the COVID-19 pandemic.

5. Capital Outlay Projects are on hold from 2019. DALTCS will work with State of NM and the NN Division of Community Development to develop next action steps relative to minor and major purchases.

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

Date: Number( Type of Activities & Outcome (MM/DD/YYY Location: Event Name: s) (Brief Summary) Y) Reached: 12/16/20 Chinle, AZ Christmas 548 DBMHS provided Christmas Treat Bags Treat bags to community Distribution members to kick off the winter solstice 3 Part Winter Navajo Storytelling Series. 94

10/29/20 Gallup, NM Halloween 102 Navajo Cancer Prevention Walk/ Health Program sponsored a walk and Fair set up educational booth. 10/01/20 Kayenta, AZ Flu Clinic 512 CHR Program assisted with flu vaccination, provided health education on flu vaccine and COVID-19 11/05/20 Gallup, NM Health 113 Navajo Health Education Education Program (NHEP) provided cancer prevention education to GIMC employees and patients. 10/01-10/15 Twin Nutrition and 255 NHEP provided nutrition Lakes, Education education and information to Chichiltah, Portion Control patients at COVID-19 testing Breadspring sites. s, NM 9/07-11/14 Navajo 10th Annual 299 Participants engaged in Nation Running for a walking, hiking, running, and Wide Stronger & other forms of physical activity Healthier to complete their 10-week Navajo Nation challenge. Due to the pandemic this event was acomplished through virtual means.

Navajo Division of Social Services

WINTER COUNCIL SESSION 2021

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. The Division serves an essential governmental function during an emergency declaration; thereby, majority of its departments and programs remained opened providing direct service. The non-essential employees who were on Administrative Leave, alternative schedule, or teleworking safely returned to work on August 17, 2020 consistent with the Division’s Return-to-Work Guidance. The Navajo Health Command Operation Center, Division of Economic Development, and the Office of the President and the Vice President donated to the Division 103 face shields, 11,000 face masks, 77,000 gloves, 93 32-oz hand sanitizer, 36 5-gallon hand sanitizer, and 33 1-gallon Clorox bleach, which were distributed evenly to all departments, programs, and Office of the Executive Director (OED). The departments and programs delivered donated food kits and cleaning and protective supplies to 1,600 Navajo families. All or 100% personnel of Department for Self Reliance (DSR), Navajo Treatment Center for Children and their Families (NTCCF), Navajo Developmental Disability Program (NDDP), and the OED have successfully completed the FEMA IS-100.c and IS-700.b on-line training. The Department of Child Care and Development (DCCD), Department of Family Services (DFS) and Navajo Indian Child Welfare Act (ICWA) Program have not completed the mandatory FEMA training. A total of $709,548.94 was spent on 243 burial assistance requests for COVID-19-related death.

2. In July and August, 135 children of first responders and emergency and essential personnel received child care services from 50 registered and certified home based child care providers and 5 child care centers in border towns. The iHeartMedia is contracted and rendering public recruitment information for affordable child care services through digital communication. The Nation and surrounding communities are targeted on child care services. The DCCD appreciates receiving Fleet Insurance Cards timely from the Navajo Risk Management Program. One of the home based child care providers expressed appreciation, in writing, for receipt of financial assistance from DCCD to purchase PPE, cleaning supplies, and snacks during the Nation government closure—this is a rare positive feedback which DCCD values, especially during challenging times.

The Navajo ICWA Program has 465 active cases, involving 909 children in 24 states. The highest number of case loads are in Arizona with 206 cases involving 407 children, New Mexico with 109 cases involving 205 children, Utah with 50 cases involving 110 children, California with 25 cases involving 42 children, and Colorado with 20 cases involving 37 children. A total of 35 new cases assigned involving 68 children. Between July 2020 to August 2020, 38 children reunified with their biological parents and their cases were dismissed. Currently, there are 15 ICWA cases with legal intervention meaning the Nation is a party to those cases in the following states: Arizona, New Meixco, Utah, Oklahoma, Texas, Colorado, and Oregon. With the professional legal assistance of the Navajo Department of Justice, 13 legal case staffing on ICWA cases were conducted. The Navajo ICWA Program social workers attended 284 court hearings and 147 meetings pertaining

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to open ICWA case that involved Team Decision Making Meeting/Family Centered Meeting/Case Staffing/Treatment Team Meeting). The social workers have conducted 35 home visits with children and families residing on the Navajo Nation, and completed 7 Relative Home Studies. Approximately 30 families were provided food boxes and PPE's (face masks and gloves). NICWAP Social worker provided 9 families with 6 donated 1- gallon drinking water. Since the re-opening of the Nation government offices, all Navajo ICWA Program staff have returned to work full-time on an alternative schedule to maintain social distancing.

3. The DFS field offices served about 1,407 children; of whom, about 127 children were reunited with their parents and 31 children remained in relative placement for which guardianship were established. DFS provided services to approximately 450 new reports of alleged child abuse and elder abuse on which social workers conduct investigations, conduct relative searches for placement of children, coordinate with tribal courts by attending court hearings by telephone. Fiscal Year 2020 Service Contracts for 6 domestic violence shelters were approved and the shelters submitted invoices for reimbursements from October 1, 2019 to June 30, 2020, which are being processed by the Office of the Controller. For the new fiscal year cycle, DFS issued a Request for Proposals and 8 domestic violence shelters submitted proposals. DFS initiated multi-year Service Contracts for 7 domestic violence shelters which are undergoing 164 Review process. Navajo Nation Title IV-E continues to provide maintenance payments for guardianship and adoption assistance. For July and August 2020, the Nation provided payments to 165 children eligible for Title IV-E guardianship assistance in the total amount of $204,917.20. For each month of July, August and September 2020, the Nation provided payments to 7 children eligible for Title IV-E in adoption assistance in the total amount of $8,589.00. Guardianship Agreements for 25 children were mailed; of which, 22 updated Guardianship Agreements were received. One updated Adoption Assistance Agreement was received in September. The Arizona Long-Term Care Services (ALTCS) provided case management services to an average of 1,654 members, which includes 7 children, 157 adults, and 1,490 elderly individuals. A total of 1,308 members were served in their own home, 295 members were served in nursing homes, 46 members were served in assisted living facilities, and 5 members were in acute care placement meaning they were eligible for long term care services; however, they chose not to receive services. ALTCS case managers assisted local chapter houses, church organizations, charity organizations, and food banks with food distribution to ALTCS members. In addition, case workers coordinated with the World Kitchen Center and delivered approximately 30 food kits - 1 box of dry goods and 1 box of fresh food were delivered to members that lived in the remote areas of the Nation. The Northern TREE domestic violence shelter located in Shiprock, NM, provided shelter and domestic violence services to approximately 70 clients, of whom 42 are new residents at the shelter. Shelter employees provided services such as, transportation to local resources and advocacy on behalf of residents who needed support in filing protection orders against their perpetrator.

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4. The DSR provided TANF benefits to 2,444 Customers for the month of July; 2,404 Customers for the month of August; and 2,490 Customers for the month of September. From July to September 2020, DSR completed six batch runs totaling $5,504,827.00. The Navajo Education Incentive assisted 4,098 children with a total amount of $1,024,500.00. A total of 1,686 World Central Kitchen food kits were distributed to 843 DSR families served by all seven DSR field offices and 18 food kits were given to Navajo Family Assistance Services for distribution to their Customers. The DSR Education and Career Services coordinated with the Community Organized Relief Effort (CORE) to serve 400 DSR families who received non-food essential items that included: 1 five-gallon bucket, 1 gallon of bleach, 1 roll of paper towels, 2 sets of gloves,2 masks, 1 toothbrush, 1 tooth paste, 2 trash can bags, 1 soap, 2 shampoo/body wash, conditioner, 1 hand sanitizer, 2 rolls of toilet paper, 1 maxi pad (14 pack), - quart size re-sealable bag. The Low Income Home Energy Assisted Program (LIHEAP) assisted 318 families with wood/coal, 12 families with weatherization for their homes, 18 families with a wood/coal stove or pellet stove, 1 family with air conditioning unit,12 families with a home cooling-electric system, 130 families with natural gas/propane, and 67 families with home heating electric in a total amount of $268,235.01. The NFAS provided financial assistance to families and individuals with General Assistance, Burial Assistance, COVID-19 Burial Assistance, and Community Service Block Grant as follows: 274 General Assistance recipients for a total of $1,401,153.00; 289 Burial Assistance for a total of $684,130.80; 19 COVID-19 Burial Assistance for a total of $21,000.00; Community Service Block Grant assisted 77 individuals with basic needs totaling $30,800 and 4 families with housing needs totaling $1600.00.

5. The NDDP's 7 employees successfully teleworked throughout the Nation government closure utilizing technology GEMFOB to access the network. They maintained timeliness consistent with the AHCCCS guideline at 95% or above serving 196 members who are rotated on a schedule every 30-day, 90-day, or 180-day timeframes. Case managers utilize the OnBase paperless case management database to access member files and records. They have been trained on utilizing this platform virtually and have begun to upload documents for current planning meetings. Employees would report to the office to complete printing, scanning, and delivering supplies to members. The COVID-19 outreach activities included delivering food boxes, hand sanitizers, and face masks to 196 members, families and vendors.

The NTCCF served a total of 461 children and families. The number of intake completed at the 5 offices were 17, the number of referrals from local resources at the 5 offices were 32, and the number of case consultation hours was 754.50. The NTCCF personnel have seen an increase in grief counseling services during the pandemic involving 38 children and families who receive services. The MSPI Project has been extended for a fifth year to commence on October 1, 2020 to September 30, 2021. Although additional funding will not be awarded, programs will be allowed to spend down any carry over funding. The extension will allow the program to continue promoting early intervention strategies and 103

implement positive youth development program to reduce risk factors for suicidal behavior and substance abuse. 149 individuals received prevention services. The MSPI traditional practitioner and community involvement specialist conducted 40 public service announcements on two radio stations, including KTNN in Window Rock, AZ and KGAK in Gallup, NM. The NTCCF provided donated food kits to 92 families.

CHALLENGES

1. The unprecedented COVID-19 pandemic adversely affected the Division and its departments and programs. Although the Division remained open for altered services, 28 child care centers and 16 registered and certified home-based childcare providers closed its operation on March 16, 2020, and remains closed today affecting about 500 children; however, 118 children of first responders and emergency or essential personnel received child care services from 50 registered and certified home-based childcare providers throughout this quarter. The pandemic requires the child care centers to revise its operational policies and procedures to incorporate Child Care Disaster Plan, which will facilitate modification of its operation to assure social distancing by reducing enrollment, staggering day time activities on playground usage, serving meals and snacks only in the classrooms, conducting daily health checks, arranging the delivery and departure of children, and intensifying daily routine cleaning, sanitizing and disinfecting the classrooms and other areas to mitigate the COVID-19 virus. The child care center personnel are required to successfully complete a total of 21 training annually. It is nearly impossible to fully comply with the excessive training requirement due to mandatory social distancing, limited technology at the direct service sites, and certain training require modification such as CPR. The DCCD plans to request for a waiver to extend current certifications or licenses. The major challenge to safely reopen the child care centers are inadequate supply of PPE and cleaning, sanitization and disinfection supplies. The vendors that offer those supplies are prioritizing customers and are also challenged by keeping up with the demands as the supply line manufacturers are also challenged with filling the demands. Although the DCCD received donated supplies from OED and purchasing its own supplies, the reopening of the child care centers requires an abundance supply of PPE and cleaning and disinfecting supplies to protect the children, employees, and parents.

2. The DFS direct service Community Involvement Specialists were not on the ground in the communities providing information about domestic violence prevention and awareness, and experiencing challenges connecting with clients by telephone or internet thereby direct service staff are resorting to home visits. The limited police officers in communities to respond timely to direct service employees who contact dispatch for assistance with picking up a child, or when protection order needs to be filed is a challenge. There are not enough licensed foster homes on the Nation resulting in placing children in an emergency shelter or in a relative home that is not yet licensed. Tribal courts continue to be back logged with hearings and all hearings are held virtually for which families have to acquire 104

a cell phone and service that is reliable and available in their communities, which in itself is a burden for them.

3. The DSR is challenged with providing case management necessary to follow-up with Customers. The direct services has been working with their Customers by telephone, electronic mail, fax, and drop box options. Crucial documents are difficult to retrieve due to families not having access to the Internet, fax machine, scanner and working telephone due to their limited resources to purchase communication equipment and services. The lack of internet access in their areas is also a contributing factor. The limited personnel and/or altered in-office schedule of the Nation’s Office of the Controller (OOC) personnel adversely impacts the DSR's direct services. Payments and other financial documents are not processed timely and get delayed. Some payment status inquiries to OOC’s Purchasing Section have gone unanswered and is tarnishing DSR's business relationship with vendors, which leads to delayed services and communication with DSR Customers. The switch to virtual training for personnel has been a challenge, but they are adjusting to the the new process utilizing Skype, Zoom, and other alternative telecommunication for training, meetings, or communicating with Customers.

4. The Navajo ICWA Program personnel were unable to visit children and families residing off the Nation; however, home visits were conducted with children and families residing on the Nation. The Navajo ICWA Program personnel exercised precautionary measures carrying out their field work maintaining protection and safety as a priority. Due to the closure of the Department of Justice and Office of Vital Records, and absent a Notary, only 5 Tribal Enrollment Applications were submitted.

5. The NTCCF and DFS are experiencing difficulty filling vacant positions with qualified personnel throughout its direct service offices, such as licensed clinical personnel, protective services social workers, and adult protective social workers. This is an ongoing challenge.

OUTREACH AND COMMUNICATION

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Navajo Division of Transportation

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

110

MAJOR ACCOMPLISHMENTS

1. In October 2020, the Navajo Division of Transportation (Navajo DOT) completed an asphalt replacement project that addressed damaged pavement on Navajo Route 57 in Gad’iiahi/To’Koi Chapter. The scope of work included erosion control, sawcutting and removing the existing asphalt, subgrade preparation, and shaping of the road. The pavement on this stretch of N57 was badly damaged and in dire need of replacement. Navajo DOT also completed a road improvement project on Navajo Route 571 located in Gadii’ahi/To’koi Chapter. The scope of work included one mile of subgrade preparation, drain, double chip seal, fog seal and striping. During this time of pandemic, these routes are important for school buses that deliver meals and information to students who live in rural areas.

2. Navajo DOT has reached substantial completion for the N27/N10/N7 project between Nazlini and Chinle Chapters. The current status of the project is approximately 90-95% complete. The scope or work included: grade, drainage, aggregate base course, hot asphaltic concrete pavement and other construction for the length of 10.86 miles of roadway. This project kept moving forward even though it was shut down for four weeks in April and May 2020 due to the Nation's "Stay at Home' Health Order.

3. In November 2020, the Navajo Division of Transportation (Navajo DOT) completed an improvement project on a low water crossing on Navajo Route 6730 near Black Falls in Tolani Lake Chapter. The crossing transects the Dinnebito Wash near the community of Black Falls. The project is one of the first to utilize cable concrete block matting to address erosion control while also reinforcing the integrity of the low water crossing. A layer of geotextile fabric was placed beneath the cable concrete to assist with erosion control and a layer of aggregate base course was placed on top of the cable concrete blocks to fill the gaps in the matting.

4. In November 2020, the Navajo Division of Transportation began the N9402 Bridge Replacement Project in Lupton Chapter to replace the current one-lane, steel military-style bridge that crosses over the Rio Puerco Wash, which has been deemed functionally obsolete. The bridge will be replaced with a new 5-span bridge that will accommodate the current average daily traffic count of 400 vehicles per day.

5. Within the last quarter, Navajo DOT's N481/N7119 paving project in Littlewater Chapter, N.M., was presented the 2020 Engineering Excellence award by the American Council of Engineering Companies (ACEC) during a virtual gala. The project is historic as the construction phase was done completely in-house by Navajo DOT’s Department of Roads. This approach resulted in a significant cost savings versus contracting it out to a private construction contractor. The project had been a Chapter priority for years and enhances safety and access to the chapterhouse and local housing area.

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6. Navajo DOT has prioritized the completion of the N12 project in Tsaile/Wheatfields Chapter and continues to make progress by installing pipes, monitoring and testing ground temperatures to accommodate concrete, road excavation, breaking down boulders and installing precast arches at Bridge N505 closer to Tsaile. The project scope of work includes grade, drainage, aggregate base course, hot asphaltic concrete pavement and miscellaneous construction for length of 10.68 miles of roadway.

7. Navajo DOT's Planning Department completed compiling 15 miles of Regional Routes for all Navajo Agencies, completed a draft of the Tribal Transportation Improvement Plan which was forwarded to the Executive Department and completed public surveys to the Chapters for the 2021 Long Range Transportation Plan which can be accessed through Navajo DOT's website.

8. Navajo DOT's Department of Project Management completed and issued the FHWA Categorical Exclusion (CatEx) for N5012 (1)1, 2, 3, Sanostee Wash Bridge N204; NEPA process for FHWA CatEX has been processed for N11 Mariano Lake - new EA not required; NEPA and BIA FONSI documents have been completed for N21 Tselani/Cottonwood.

9. Despite the pandemic, Navajo DOT's Department of Highway Safety has been able to provide Navajo Nation Employees with the renewal and issuance of Navajo Nation Vehicle Operator’s Permits. A total of 362 permits and 87 Identification badges were issued.

CHALLENGES

1. Regarding Finances, it's very time-consuming to wait on documents to be processed, payments to be made to vendors, sign-off of documents because of the Health-Order shutdowns. Navajo DOT and all its departments have made the best adjustments possible to include a wait-time period for items to be processed. Additionally, Navajo DOT has had to accommodate budgets for purchasing PPE’s for our Department staff to ensure their safety to perform duties in and around the work facility.

2. Vacancies in all Navajo DOT departments are critical to moving projects forward from start to finish. Our Planning Department is in need of three GIS Technicians and a Principal Planner. Our Department of Roads needs Heavy Equipment operators and Field Crew. Our Department of Airport Management needs additional staffing to maintain all five airstrips located on the Navajo Nation.

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3. On behalf of the Navajo Nation, Navajo DOT's needs to facilitate an MOU/MOA with BIA-Navajo Regional Office (all transportation entities) to have an understanding and approval for routine maintenance services in all agencies within the Navajo Nation transportation system. This is important to have in place, especially during the winter season.

4. COVID-19 cases shut down worksites and project sites. Navajo DOT has experienced several instances where crew members have tested positive for COVID and thus, projects had to be shut down until all staff were tested. Aside from expanding our workforce to have more staff available, these instances are hard to mitigate. Project shut downs can extend/impact deadlines and budgets.

5. Social distancing and Navajo Nation Emergency Orders enforcing 24-hour lockdowns are great safety measures but also impact the ability of Navajo DOT staff whose responsiblities require face to face meetings. For example, our Planning Department staff need to meet more regularly with Chapter staff but the shutdown has impacted these meetings and caused projects to be slowed or delayed. The Department of Highway Safety Staff have been unable to provide outreach activities to community members throughout the Navajo Nation on traffic safety awareness. Since the issuance of the last 24-hour shutdown Health Order, they have also not been able to conduct mandatory Defensive Driving Courses for Navajo Nation Employees.

Project # 1: On October 28-29, 2020; Navajo DOT's Department of Highway Safety and Executive Department led an effort to provide assistance for Hardship Applications as set up in the NDOT Conference Center. Department Staff provided bi-lingual interpretation, traffic control and assisting with sanitizing and cleaning of facility.

Project # 2: Five 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 beginning December 28, 2020.

OUTREACH AND COMMUNICATION

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Navajo Gaming Regulatory Office

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. The NNGRO staff located at the Navajo Casinos continue to work with the NNGE Casino Operation staff to implement COVID-19 prevention safe working environment 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 Surveillance Department have started preliminary assessment to upgrade the current Surveillance system from Hybrid Digital to IP Digital at the Twin Arrows Navajo Casino location.

3. The Online Bingo Project Team have been researching laws and regulations. A public service announcement on the NNGRO website. the Team has also been working with the Arizona Department of Gaming.

4. The Sports Betting Project in the New Mexico casinos included installation of betting kiosks, cameras and sports betting stations. Review of the procedures and policies continue throughout this quarter and into the next quarter.

5. According to the National Indian Gaming Commission, issued a new draft Memorandum of Agreement for Criminal History Reports and the NNGRO and Navajo Office of the President/Vice-President provided its comments by the NIGC deadline. A Local Agency Security Officer, was appointed from the NNGRO Licensing Department to ensure the security of background information is stored in a secure location with strict access.

CHALLENGES

A. Due to COVID-19 pandemic the Navajo Casinos continue to be closed as the number of cases increase on the Navajo Nation. The closures have affected the funding sources for both NNGE and NNGRO. The NNGRO was funded for the 1st Quarter (October to December). Funding for the 2nd Quarter (January to March) was allocated; however, the funding for April to September remains uncertain. The piecemeal funding makes it challenging to plan for annual expenditures when future funding is unknown (e.g., Windows 10 upgrade project is on hold, along with renewing and upgrading many of software, recruitment for vacancies).

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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 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 re-opening of the Navajo casinos and continuation of the Navajo tribal gaming industry.

OUTREACH AND COMMUNICATION

12/05/20 - Teleconference – Eastern Agency Council Meeting 65+ People Reached Updates on the Eastern Agency Chapters, Status of Projects, COVID-19, etc.

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Navajo Nation Department of Justice

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. Hemp Litigation. DOJ, on behalf of the Navajo Nation, filed a lawsuit on June 12, 2020 against Dineh Benally, Native American Agriculture Company, and Navajo Gold Company seeking to stop the illegal and unregulated growth, production and sale of hemp transporting, licensing, and selling industrial hemp within the exterior boundaries of the Navajo Nation. As a part of the lawsuit, the Navajo Nation also filed a motion for a temporary restraining order (TRO) and a request for a preliminary injunction (PI) to stop Benally’s hemp operation pending the resolution of the case. On September 18, after more than a day of testimony from several witnesses, the Court granted the TRO and PI. After which, the Nation was able to access the “hemp” farms and discovered that a significant portion of the crop being grown appeared to be marijuana. It was also evident that a large number of foreign workers were employed by these operations with significant financial investment. DOJ, with NPD, NNEPA, and the Office of the Prosecutor continued to work tirelessly to enforce the Court’s order and ongoing violations of tribal law, while also coordinating with the federal government on the potential violations of federal law. On October 28, DOJ filed a second lawsuit against all known farmers who are growing hemp and/or marijuana in violation of Navajo law. The complaint alleged that these Defendants possess or control Navajo lands that are being used to illegally grow, produce, manufacture, transport, or sell industrial hemp and/or marijuana. These actions, according to the lawsuit, are irreparably injuring and contaminating the Nation’s lands, waters, and other natural resources. DOJ, OTP, NNEPA, and NPD provided an update on various hemp-related matters at the outdoor patio area of the San Juan Chapter House on October 30, 2020.

On November 9, NPD assisted federal and supporting law enforcement entities in conducting “Operation Navajo Gold,” a unified effort to execute search warrants relating to suspected illegal marijuana farming. This action was the result of months of coordination between the Navajo Nation and local, state, and federal agencies to enforce both Navajo and federal laws. The growing sites have been largely abandoned, with hundreds of empty greenhouses left behind. The federal government did not forfeit the greenhouses because it would require the federal government to preserve them as evidence. The size and massive volume of the buildings made that cost-prohibitive. DOJ has civil and criminal avenues to have the greenhouses forfeited to the Nation so that it can address them. These options require the court’s involvement and action, and DOJ has not been able to secure a hearing or other court process to proceed.

In a related matter, on June 23, 2020, DOJ also filed a Forcible Entry and Detainer action against Dineh Benally, alleging that Benally was illegally occupying a Shiprock RV park 120

(and where illegal marijuana operations were ongoing). On September 23, 2020, the Court found Benally guilty of forcible entry and good cause to give judgment to DED for restitution of the RV Park, and for costs. The Court also denied judgment against Benally for forcible detainer because evidence was not entered into the record that demonstrated that Mr. Benally was issued a written demand to surrender the RV park. Benally appealed the judgment on September 29, 2020, but the Navajo Nation’s Supreme Court denied Benally’s appeal for not being filed timely and for lack of jurisdiction on December 8, 2020. DOJ will submit to the Court proof of costs and a proposed Warrant and Writ of Restitution to the Court for enforcement of the Court’s decision.

2. $18MM Judicial Services Judgment Received. In the third quarter of FY20, DOJ prevailed in Judicial Services funding litigation against the Interior Department for CY 2014, having won summary judgment on all three counts, including a claim for $15,762,985 as damages for breach of contract, plus statutory interest per 41 USC 7109. The U.S. chose not to appeal this judgment, and on October 8, 2020, the Nation received payment from the U.S. Treasury in the amount of $18,279,923.32 which represents satisfaction in full of the judgment in the amount of $15,762,985 plus statutory interest from March 27, 2014 to October 7, 2020.

3. Navajo Utah Water Rights Settlement Act/Water Rights Trial. On December 27, 2020, the Navajo Utah Water Rights Settlement Act (NUWRSA) was signed into law as part of the second federal stimulus package. This settlement is a landmark achievement for the Navajo Nation, the State of Utah, and the United States, and the culmination of a process spanning almost two decades. The NUWRSA settles all current and future claims of the Navajo Nation for water rights within Utah, ratifies the proposed water rights settlement confirming the Navajo Nation’s right to 81,500 acre-feet of water per year from Utah’s Colorado River Basin apportionment, and authorizes approximately $220 million for water infrastructure to provide clean drinking water to Navajo communities in Utah. DOJ’s Water Rights Unit (WRU) is charged with securing and protecting the Nation's water rights, and the WRU represents the Nation's interests in litigation in state and federal courts. This quarter, the WRU continued its work in the Hopi Tribe claims for future uses trial (as part of claims associated with the Little Colorado River Adjudication). After a brief holiday break, the trial will resume the week of January 11, 2021.

4. CARES Act Litigation re: ANCs. DOJ has participated in litigation against the U.S. Department of the Treasury concerning the eligibility of Alaska Native Corporations (ANCs) for CARES Act funding set aside for “tribal governments.” Last summer, the Federal District Court for the District of Columbia ruled that ANCs were eligible. The 121

plaintiffs, including the Nation, appealed this decision to the D.C. Circuit. On September 25, 2020, the Court of Appeals determined that the ANCs are not “tribal governments” under the CARES Act and not eligible for CARES Act funds. The case is currently pending before the U.S. Supreme Court on two cert. petitions, filed by the ANC intervenors and the Department of the Treasury. The petitions and the responses files by the Nation and other tribal plaintiffs has been distributed for the justices to consider at their upcoming conference on January 8, 2021. Customarily, an order will be issued by next Monday, January 11, 2021 stating whether the Court has accepted or denied the cert. petitions. If accepted, the matter would be briefed, argued, and decided prior to the end of this Supreme Court session, June, 2021. Approximately $500 million dollars in CARES funds remain to be distributed to tribal governments, including the Nation. If cert. is denied, the case should be over, and Treasury should distribute the remaining CARES Act funds to tribes, estimated to be a total of $550 million. It is unclear when and how Treasury will distribute those funds, and under what methodology.

5. Donation Branch. DOJ staff continue to work on donations for the Nation's COVID-19 relief effort. As of December 21, 2020, approximately $8.9 million dollars has been raised, not including NHA and NAPI contributions of $1 million each. This amount also does not include donations of tangible goods such as food, fabric face masks, water, and other supplies. Most recently, on December 14, 2020, DOJ's efforts resulted in a $1,000,000 donation from Direct Relief to the Nation and programs that serve the Navajo people. Through this donation, the Navajo Department of Health will receive $550,000; Fort Defiance Indian Health Board, $200,000.00; Community Outreach & Patient Empowerment (COPE), $150,000.00; and the Brigham & Women’s Hospital Outreach Program - Navajo Nation, $100,000.00.

CHALLENGES

1. No DOJ P-cards for months - As reported last quarter (FY20 4th quarter), DOJ learned that its operational P-card was suspended on July 27, 2020 for 30 days because some P- card CCER packets were not submitted timely. The AG reached out to the Office of the Controller requesting reconsideration of the penalty and explained that the imposition of a penalty during a pandemic seemed unnecessariily harsh given that 1) the Nation was still operating in a state of emergency; 2) DOJ was closed by executive order of the OPVP; and 3) DOJ support staff had been working limited schedules since March 2020. The request was denied, and DOJ was not informed until October 21 that its P-card was further suspended for review and auditing. Consequently, DOJ’s operational P-card was not 122

reinstated until December 28, 2020, which effectively rendered DOJ without its operational P-card for over five (5) months during a pandemic. The suspension of DOJ’s operational P-card was extreme and hampered DOJ’s efforts to purchase needed PPE, cleaning supplies, and plexiglass to open and operate its offices safely. It also negatively affected DOJ’s ability to pay filing fees and other litigation-related expenses.

As reported last quarter,DOJ’s Navajo Hopi Legal Services Program (NHLSP), whose office is located in Tuba City, applied for a P-Card prior to the government closure on March 13. NHLSP finally received its operational P-card last quarter.

2. Closure of Government Offices/Technology – On November 13, 2020, DOJ along with the rest of the Navajo Nation government, closed for a second time due to increasing cases of COVID-19. However, all DOJ prosecutors, advocates, and attorneys continue to work from home, and almost all support staff work in the office on limited and staggered schedules. DOJ is pleased to report that there has not been any disruption of work and DOJ has continued to provide high quality legal services to the Navajo Nation government throughout the pandemic. As reported in the FY20 3rd quarter, DOJ did not receive any CARES funds to meet its technology needs to enable attorneys, prosecutors, and staff to effectively work from home. This quarter, DOJ applied for and obtained approximately 12 laptops from the DIT through the CARES Funds the Division of General Services received for this purpose. These laptops have enabled DOJ attorneys and staff to work from home after the second government closure began on November 13, 2020. Some DOJ staff are still using donated wi-fi hot spots to enable them to effectively work from home, and DOJ is still in need of additional laptops, wi-fi hot spots, and other technology (e.g. the ability to access DOJ documents and case files remotely) to fully enable its staff to continue to work from home.

3. Budget Transfer/Special Duty Pay – As reported in the FY20 3rd quarter, on August 28, DOJ submitted a budget transfer to OMB. The transfer of the funds was intended to fund DOJ Special Duty Pay for its employees using general funds, rather than CARES funds. DOJ submitted its Special Duty Pay request to OOC, which it denied, because the line items identified for payment were unfunded. DOJ requested information from OMB about the August 28 budget transfer on multiple occasions and finally received a response 3 weeks later that the requested budget transfer was not permissible after June 30, 2020. Subsequently, DOJ compiled and submitted its request for Special Duty Pay on October 21, 2020, consistent with the deadlines established by OOC. OOC requested additional information, which DOJ timely and promptly supplied. Also, on November 9, OOC staff

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questioned the amounts of Special Duty Pay DOJ requested and asked that these amounts be changed or justified. On November 20, DOJ prepared and submitted its response, providing a detailed 5-page affidavit explaining and justifying the amounts of Special Duty Pay requested as well as a “comfort letter” from outside counsel confirming the reasonableness of the amounts of Special Duty Pay requested if examined by federal auditors. DOJ’s request for Special Duty Pay was returned on November 23, 2020, unapproved and without explanation.

4. FY21 Comprehensive Budget/Unmet Needs - The FY21 comprehensive budget resolution was not enacted prior to end of FY 20, and a continuing budget resolution resulted in DOJ receiving 25% of its FY20 budget this quarter. This resulted in shortages of personnel funds for DOJ, necessitating budget transfer to fully fund DOJ personnel and keep them paid. DOJ has not received any additional general funding nor any CARES funds. For FY 21 DOJ received the same total amount of funds, but it was allocated differently between general and IDC funds, which cannot be used by DOJ’s Office of the Prosecutor (OTP). OTP consequently had an approximately $500,000 unmet needs budget; and subsequent legislation to fund this shortfall was line item vetoed. On December 21, DOJ submitted its COVID-19 related $740,378 unmet needs budget request, comprised largely of personnel costs to provide legal staff 1) overdue step and merit increases; 2) special duty pay; and 3) technology to facilitate working from home. We hope these needs will be considered so that DOJ can pay its legal staff to continue to do the important work it has been doing, some of which has been described in this report.

Project # 1: Since the 3rd quarter, DOJ's has participated in OPVP’s Economic Recovery Work Group. 2 DOJ attorneys regularly participate in the Work Group and this quarter, another DOJ attorney provided a presentation on to the Work Group on dual taxation. To date, the group has discussed 1) the Nation's reopening guidelines and their effects on businesses; 2) gating criteria; 3) CARES grants to businesses and artisans; 4) registered, non-registered, and “underground" businesses and other topics.

Project # 2: As reported in the FY20 2nd quarter, President Nez asked OAG to create a Donation Branch to support the Health Command Operation Center and Humanitarian Aid. DOJ's Donation Branch work continued this quarter, and DOJ staff continued to respond to emails, phone calls and facilitate communication with donors. This quarter, a Fund Management Plan for the COVID-19 Response Donation Fund was approved by the Budget and Finance Committee on December 1, 2020. Notably, the Budget and Finance Committee must approve allocations received after December 1, 2020 as well as budgets that exceed $100,000. 124

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Navajo Nation Division of Natural Resources

WINTER COUNCIL SESSION 2021

II. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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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

General Land Development Department (GLDD)

General Land Development Department (GLDD): 2,057 paper manual documents converted to digital format (telecom, mission site, land withdrawals, service line agreements, school leases). a. HSL ECDs: 226 b. Service Line Agreements: 173 c. Land Withdrawals: 11 d. TAA: 14

Minerals Department

Each of the department’s 4 Federal programs are funded through FY 2021 and will not be affected should the Federal government shut down on December 11, 2020 (date Continuing Resolution expiring).

The Department’s core duties have transformed from a technical advisory entity to a revenue generating entity with revenue, land, and environmental compliance responsibilities. After the retirement of 3 key employees within the department this past year, the department has been reorganizing employees’ functions to better align with the department’s responsibilities. Rather than the status quo, the message is to learn, grow, evolve and adapt. While there has been some push back, most employees are excited for change and are learning to work together in a manner that serves the government and its people. The department is working on replacing outdated computer systems, printers and scanners, and teaching employees the use of technology that will enable them to work in a more efficient manner.

The Department is working on the Cortez Rights-of-Way (ROW); PNM ROW; Mid-America Pipeline Company ROW; Paradox ROW; and Aneth Gas Plant Renewal ROW. These ROWs will bring in much needed revenue to the Nation for FY 2022.

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Completed a draft lease agreement with Pure Helium, LLC for exploration and development of helium on approximately 11,520 acres of land. Pure Helium is currently reviewing the draft lease agreement, which includes cash Bonus, Rental, Royalty, and Scholarship provisions. The department is working with Navajo Department of Justice (DOJ) on the legal aspects.

Completed 3 proposed draft lease agreements with Navajo Nation Oil and Gas Company, Inc. for exploration and development of helium in the: 1) Z-1 well area; 2) Beautiful Mountain Field; and 3) Porcupine Dome area. Negotiations have been going back and forth but making progress. The only outstanding provision is the Scholarship payment provision. The Minerals Department included a $250,000 per year scholarship provision that NNOGC rejected, claiming that they would not be able to operate sucessfully with such a high payment required of them each year for 3 leases. The Department is considering assessing the scholarship provision on an acre or producing well basis.

The Department coordinated a tour on October 15-16, 2020, of the Kayenta Mining Facilities for purposes of providing Navajo Nation leadership with information on Peabody Western Coal Company (PWCC) assets available to the Navajo Nation. The tour included a site visit to buildings, roads, impoundments, wells, coal handling facilities, and utility infrastructure (electricity, water, sewage, and gas). The intent of the tour was to provide leadership with information to initiate meaningful dialogue between the Nation and PWCC so action plans can be made by PWCC, the Navajo Nation, and Federal agencies who have oversight over the reclamation process. If the Nation is not inclined to own assets available within the leasehold of the Kayenta Mine, PWCC will move forward with its reclamation process, which includes but is not limited to, demolishing and removing infrastructure, and plugging and abandoning wells, in accordance with PWCC’s existing mine reclamation plan. The Minerals Department provided the DNR with a Summary Report of the tour, which included information on the federal egulatory process for retention of facilities and infrastructures, the process for establishing a lease of the scoria pit that is located within the coal lease boundaries, spreadsheets with information on the facilities, infrastructure, and wells that are available for retention, and information on the asbestos and lead testing report provided by PWCC.

The Department, in coordination with DNR, submitted through the 164 Review a grant proposal for the President’s approval. The grant proposal is to the Department of Interior (DOI), Division of Energy and Minerals Development, to identify and develop potential helium deposits on the Navajo Nation. The grant is for $814,758. If the Nation’s grant proposal is awarded, the Navajo Nation Oil & Gas Company, Inc. will perform the technical work on behalf of the Navajo Nation. The primary goals of the helium project are to: 1) provide in-depth technical analysis to support further helium exploration, development, and marketing of helium reserves; 2) increase seismic, drilling and other exploration and production activity; and 3) increase revenue to the Navajo Nation. This is an eight-month project.

Parks and Recreation Department (P&R): 128

Completed renovation project to convert an existing building into Antelope Canyon Visitor Center in Page, AZ.

The final completion of Environmental Assessment for new Landing sites for Air Service tours within the Lake Powell Navajo Tribal Park.

A long drawn-out process of getting a Design/Engineering Contract was signed by Navajo Nation President Nez and is currently awaiting a contract number from the Office of the Controller (OOC) before it is sent to the consultant, Nesbah Technologies, a Navajo company that will complete a Design/Engineering work for the Lower Antelope Canyon Access Road/Parking Lot project in LeChee, AZ.

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

Navajo Land Department (NLD)

Successfully petitioned 3 McKinley County parcels, as a result, McKinley County and NLD agreed to a lower land value.

Paid property taxes for all Navajo Nation fee lands.

Approved the first Tribal Access Authorization (TAA) for NTUA to construct Electric Lines.

Department of Resource Enforcement (DRE)

Hemp Farm Violation: Eastern and Central Districts responded several times to Shiprock to assist the Navajo Police and other law enforcement agencies to provide additional security and guidance regarding several hemp farms within the Hogback, Gadii and Shiprock Chapters. Rangers were assigned to keep hemp farm workers and farm owners not to enter and disturb the farm site while authorities collect additional evidence and interviews. In October, Ranger Lapahie assisted the Navajo and Federal EPA to locate and GPS several areas where waste water from hemp camp sites were illegally released into the San Juan River. Also assisted Shiprock Police Department by gathering additional information from local residents complaining about the strong odor coming from these hemp farm sites. Residents close to these farms complained about their constant headaches and not being able to enjoy their meals or enjoy being at their home with their family. Early November, Rangers provided overnight security to several sites in the Hogback area while multi-law enforcement conduct enforcement on these hemp farms.

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Predator Damages: Eastern District Rangers responded to over 12 predator damage calls related to neighboring dogs attacking sheep and goats. Livestock owners reported their livelihood were destroyed by stray dogs and these incidents occurred when dog owners do not secure their dogs with rope or chain or in enclosed area and allowed them to roam freely. Once these dogs gather into packs, they start raging throughout the neighborhood and open range attacking everything they see such as sheep and goats. Majority of these incident occurred during the night when the sheep owners are asleep or away. When these dogs are identified by livestock owners, they are usually pit-bull cross breeds. The dog description and owners are referred to the Navajo Nation Animal Control for the dogs to be picked up. When officers respond, the dogs are not located within the residential area and these dogs are consider strays, roaming through the area and do not return.

Trespass: In October, when the first snowstorm occurred, Eastern Rangers responded to several trespass calls. Allotment and Fee land owners complained about people cutting their fences to their property without permission to get fire wood and these trespassers are carrying out their grassland by driving all over their allotment or fee land. The trespassers often leave trash behind such as plastic bags that are often eaten by cattle and goats. Allotment and fee land owners are getting fed up with these trespassers and are attempting to take the law into their own hands by forcing these trespassers off their allotments or fee lands using firearms. Most of these incidents, the trespassers are unknown with no witnesses and therefore they cannot be contacted.

Fish & Wildlife Department (F&W)

CONTINUED ESSENTIAL FUNCTIONS DURING NAVAJO NATION GOVERNMENT SHUTDOWN.

Department personnel continued to carry out essential functions during the COVID 19 Public Health Emergency by providing required animal care for Zoo animals, fish at the Navajo Nation Fish Hatchery, impounded dogs at the animal shelters, razorback suckers at the NAPI ponds and plant care for native plants being grown at the Forestry Department’s greenhouse; additionally, the Central Dispatch Unit continued to provide communication services for all DNR law enforcement personnel without interruption. Other essential functions that continued to operate during the government shutdown are trash maintenance at the lakes, environmental review and biological clearances, dog bites and livestock damage responses and predation issues. All Department facilities will remain closed through December 27, 2020 and limited personnel will be accessing these facilities to continue essential services. COVID 19 prevention measures will continue to be adhered to.

In spite of the Navajo Nation government shutdown, the processing of Mountain Lion hunt applications continued without interruption and with little to no contact with the general public.

PERSONNEL VACANCIES FILLED. The Central Dispatch Unit hired one Dispatcher permanent position this quarter; the Unit is now fully staffed. 130

NAPI POND IMPROVEMENT FUNDING PROPOSAL. Management personnel completed a funding proposal to establish a fish processing facility for endangered fish in the San Juan River (SJR), construct a West Avocet Pond kettle and drain system and build a raceway building for the Native Fish Management Program at Nenahnezad, NM. The proposal will be submitted to the San Juan River Recovery Implementation Plan Committee for funding consideration in December 2020.

COLORADO RANCHES INFRASTRUCTURE DEVELOPMENT. Colorado Ranch Enterprise personnel completed mapping of adjudicated water wells on the Boyer and Wolf Springs Ranches and completed a 6,600 feet waterline from an existing well to the bison calving barn. The waterline will provide water to bison held at the pens.

BIGHORN SHEEP MANAGEMENT. The Department was awarded $119,570 from the BIA and $138,756 from the US Fish and Wildlife Service for a Bighorn Sheep Management project along the San Juan River. Additionally, in an effort to continue to monitor the bighorn sheep population along the river corridor, the Department captured 90 sheep and 28 of those were marked with satellite radio collars for daily tracking purposes and blood samples were taken from all sheep captured for disease monitoring purposes. The sheep were captured from 3 herds along the river corridor.

Department of Water Resources (DWR)

Livestock Water Wells/Water Storage; Technical Construction Operations Branch (TCOB) staff continued to work to repair windmills pursuant to being deemed essential during COVID-19 pandemic. DWR staff repaired windmills, worked on installation of storage tanks and work on earthen dams including completed 7 livestock earthen dams, 2 in Cameron Chapter area and 5 in Bodaway/Gap Chapter area. Staff also continued to work on processing the purchase of supplies and equipment during this time.

In addition, NDWR TCOB completed the following: • Received and approved 62 Water Use permits and 13 Drilling permits. • Reviewed 11 MOA’s for IHS for water and wastewater facilities to be constructed under PL 86-121 for section 164 Administrative Review. • Continue to work on procuring 5 modular buildings for Many Farms, Chinle, Pueblo Pintado, Leupp, and Ganado field offices. OMB has finally provided a new account number and has entered the $700,000 budget into FMIS for expenditure. Legislation to combine Many Farms and Chinle Office buildings has been approved by RDC. TCOB has received bid for modular buildings in Ganado, Leupp, and Pueblo Pintado, and that is higher than the available funds.

Developed water related-project listing for funding from CARES Act in coordination with Navajo Tribal Utility Authority (NTUA), Indian Health Service (IHS), and others. In mid-August, leadership funded NDWR $130 million to coordinate work on water projects through CJY-47-20. 131

Navajo Nation Department of Water Resources (NDWR), Navajo Tribal Utility Authority (NTUA), Indian Health Service (IHS) and others have discussed the Navajo Nation’s water development needs at a high level. Water development needs and issues were addressed by the following recommendations based on the assumption that the Coronavirus Aid, Relief, Economic Stimulus (CARES) Act funding needed to be encumbered by December 2020. As it turned out, the funds had to be expended by December 30, 2020.

- Water and Electricity to Homes o The current IHS Sanitation Deficiency System (SDS) $520 million list includes $133 million of o 'feasible' projects. $133 million for feasible water, wastewater and solid waste projects are included in this proposal. o To expedite the construction of the SDS projects, the leadership may have to allow NDWR to contract out the planning, design and construction of the projects. This would increase the cost by, possibly between 20 to 40 percent depending on the project. In this process, it is difficult to see how we can encumber all the funds by December 2020 without design/build contracts. There was not enough time to allow engineering firms to plan, design, permit and then take additional time bid out the projects. With an estimated increase of 35 percent, there is an estimated additional need of up to $46,550,000. At the end, only the construction of cistern systems, septic systems and bathroom additions were feasible, with limitations. No waterline projects were constructed. Additional cisterns and waterline extensions required funding to Division of Community Development (DCD) for bathroom additions and funding to NTUA and other utility providers for electrical line extensions.

- Support to Existing Water Haulers o The Water Access Coordination Group (WACG), established in response to COVID-19, proposed watering points that need repair and establishment of new temporary or permanent water points. DCD did execute a Memorandum of Agreement (MOA) with IHS, Navajo Engineering Construction Authority (NECA), and NTUA to design-build many watering points at chapters. The MOA was executed in record time in May 2020. o The current SDS listing mentioned $133 million of 'feasible' projects which include a lot of cistern projects. Due to no other plan on how to get more water to families that do not have access to water, the leadership needed to fund these cistern projects. NDWR and/or DCD in coordination with chapters will have to run a water hauling program, and past history has shown a water hauling program is difficult to coordinate and operate. A water hauling program may include 2 or 3 water hauling trucks for each agency, and funds would be needed for a field office in each agency, 132

staffing, security and other operational and maintenance costs. A cost estimate for a water hauling program with 2 trucks per agency for 5 years is $7 million. The 45 LGA certified chapters operate their own water hauling service. These LGA certified chapters should have the capacity to purchase and hire operators for water hauling in their chapters. A 5-year program for only the 45 LGA certified chapter is estimated to cost $9 million for the first year and $4.5 million for the next 4 years for a total cost program of $27 million. This option combined with 2 water hauling trucks for each agency can be combined into one option for a total cost of $36 million. At the end, the CARES Act funds could not be used to pay for costs beyond 2020. That limitation of no funds for operations pass 2020 deemed NDWR’s plans to create another water hauling program ineligible and only 8 water trucks were able to be purchased due to the time constraints on delivery by mid-December 2020. o An alternative approach is to have each of the 110 Chapters operate the water hauling service for their Chapter. In this option, the chapters would receive the funds in 2020 to purchase the trucks, hire staffing and deliver the water to homes in their chapters. Water delivery operators may need to comply with drinking water regulations. It is currently estimated that the unit cost of the first year for each water hauling truck is $200,000 ($22 million for first year for all 110 Chapters) and the operational cost every year after that is approximately $100,000 ($11 million each year for all 110 Chapters). One truck for each of the 110 Chapters for a 5-year program is estimated to be $66 million. This plan was never considered. - Local Waterline Related Projects o Projects such as Tohajiilee-Albuquerque, Thoreau-Baca well, Smith Lake, Cutter Lateral, and others were provided funding as it was determined that they could be completed by December 30, 2020. Many of these projects already had selected engineering and construction firms and, if not, emergency procurement was approved. At the end, none of the service contracts were approved for various reasons. - Funding for Livestock Windmills, Equipment and Earthen Dams o NDWR TCOB provided a list of livestock windmills that need repair in response to existing needs. The list was categorized by agency and funded. The equipment purchases would have benefitted many communities for repair of livestock water systems in response to COVID-19. It was later determined that the rehabilitation of earthen dams would have required environmental reviews and permitting which made the project high risk was ultimately not completed. Most of the planned expenditures for windmill parts and equipment were through purchase of goods but only less than $3 million of purchases were approved, almost $10 million of purchases were not approved by November 20, 2020. - Lessons Learned: 133

o A major topic of discussion by leadership and other agencies include procurement, permitting, rights-of-way and construction, and the requirements of the CARES Act funding. Many projects require planning, permitting, design, acquisition of rights-of-way, bidding and construction. At this point, very few projects can be considered shovel ready. The process described above can take up to 2.5 years to get projects shovel ready. Since there was no flexibility with the CARES Act funding requirements, many of the project were deemed ineligible since they would require programs to complete planning, permitting, design, acquisition of rights-of-way, bidding and construction in 3 months in 2020. o The current IHS SDS list does not include the projects that the Navajo Nation proposed funding from the 2016 Sihasin/Permanent Trust Fund (PTF). The initial proposal for CARES Act funding included 2019, 2020 and 2021 water projects totaling $45 million. However, these projects were not allowed to be included due to being previously budgeted. o NTUA needed additional Operation, Maintenance and Replacement funding for the water and power projects. An Operation and Maintenance fund of $20 million was previously proposed but was deemed ineligible for CARES Act funding since expenditures would occur after 2020. o The Emergency Procurement Memorandum took 3 weeks to get approved after leadership approved the funding and business unit established. The sub-recipient agreements took several weeks to process through the 164 Review process as well. While leadership imposed strict timelines for programs to execute projects, there was no additional staffing within Navajo Nation programs to process agreements faster and there was no support to streamline the approval process of purchases or service contracts. - Division/Program Recommendations: o Taking 4 months to approve funding was too long and allowing programs approximately 3 months to execute purchases, execute contracts, and complete construction was far too short. There should be a strategy in place the next time funding is awarded. - Close Out Information: o The projects were not completed as planned, NDWR had over $24 million in projects that were in the process that were never approved due to the November 20, 2020 deadline. Over $80 million was ultimately reverted due to projects either being ineligible or not having enough time. o Continue to work on federal and state funding projects. Bureau of Reclamation (BOR) approved funding agreement for livestock well at Teesto. Coordinated continued construction work pursuant to Navajo Nation Executive Orders with BOR for contractors working on Navajo Gallup Water Supply Project (NGWSP). Coordinated continued pre- construction field work for Crownpoint Lateral of NGWSP. Submitted required quarterly reports for federally funded projects. Participated in 134

NGWSP Value Planning efforts to address the approximately $200 million projected cost overrun. Participation in numerous NGWSP technical meetings for Cutter Lateral start-up. Submitted required quarterly reports for New Mexico funded projects preparation. -

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 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.

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Navajo Nation Department of Agriculture (NNDA)

Range and Farm Management (RAFM):

Working with Fort Defiance Agency (FDA) BIA/Branch of Natural Resources (BNR), Joint Navajo Partitioned Land (NPL) District Grazing Committee (DGC) and BIA/BNR to manage 47 grazing permits erroneously cancelled grazing permits. These 47 grazing permits are removed from the 1,155 list of cancelled grazing permits from NPL (Western Agency 22, Ft. Defiance Agency 18, Chinle Agency 7). FDA will provide a report on the status of each grazing permit, whether they need to be cancelled or issued, and why. With the report, the FDA will make a recommendation to the BIA/BNR.

Completed and submitted Livestock Inventory Self Tally form to management to print, and form, distribution plan and visual guide.

Completed 75% of the Standard Operating Procedure (SOP) for the Major Irrigation Farm Board (MIFB) and District Grazing Committee (DGC) members. Upon completion the book will be printed and provided to each official at their scheduled orientation meeting which is tentatively scheduled by district in February 2021. Depending on the pandemic status NNDA can do the orientation by district or by teleconference.

Staff continue to work to provide technical assistance to the agriculture elected officials and provide services to the public.

Dispute continue to be processed and investigated by Extension Agents and District Grazing officials.

Working to edit the 2021 Standard Operating Procedures for incoming MIFB and DGC. Staff are reviewing existing documents, removing reference documents not directly associated with the officials’ duties and responsibility and adding additional document to help standardize and document management and operations. Keeping all necessary rules, laws policies and regulations to effectuate the intent of the orientation manual.

Staff completed review of the Livestock Inventory Self Tally form and submitted to management to print. RAFM Staff request 3,000 copies with 25 copies per one booklet for a total of 120 booklets of 25 Self Tally forms. The form will have one original with 3 carbon copies (white, pink, canary, green). The self-tally form was brought before the DGCs and MIFB at a reservation wide meeting beginning in 2017. FDA did vote to approve the Self Tally form.

A distribution and processing plan will be provided, it is expected to make distribution to: NNDA Extension Agents; NNDA WR Office - Office Specialist; BIA Agencies; Navajo Nation Chapters (upon request).

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Sign-out sheet for the Self Tally form will be implemented so Department will know who was provided a Self Tally. A one-page visual guide (flyer on how to fill out, who can use the form, who to submit to, etc.), flyer is available to be copied, will send letters to chapters advising they can request for the forms, send letters to BIA requesting assistance with distribution. Hard copies will be made available to the public that own livestock that graze on the Navajo Nation. Copies of the forms are needed immediately as the Agriculture Infrastructure Fund (AIF) opportunities require a 2020 Self Tally. The audience is expected to be AIF applicants, USDA applicants, permittees, people with livestock grazing on Navajo. Historically the AIF program received approximately 2,000 applicants so NNDA added 1,000 for new applicants and those who have an interest in having a self-tally completed for other reasons.

NNDA staff were responsive to and provided all documents requested by RDC, Department of Justice, Legislative Attorney and Navajo EPA in regards to the illegal marijuana cultivation and operations in Shiprock and other areas of the Navajo Nation. Staff also worked to manage subversive activities by the San Juan River Farm Board (SJRFB) whom passed resolution to approve illegal farm Land Use Permit (LUP) transfers, removal of a board member and managed the SJRFB’s activities including lack of an elected secretary, suspect resolution with only one signature, lack of official meeting minutes, no public access to board meetings, etc.

Ranch and Eastern Land Management (RELM): Secured Supplement Mineral Feed for Cattle and Sheep for Eastern Navajo Agency Ranchers; distributed 1-ton bales of hay to Navajo Tribal ranch lessees; purchased 180 tons of NPAI hay and plans to process a similar purchase for the winter months; purchased 32 new Registered Black Angus bulls for breeding program, leased 40 registered Angus bulls to Navajo cattle producers; and participated in Sunday Zoom calls hosted by Navajo Nation Council Delegate Freeland with Navajo ranch lessees, Eastern Agency permittees, and BIA Eastern Agency staff on drought issues, such as water, lack of forage, BIA bonding requirements, BIA grazing fee assessments to permittees, and more.

Veterinary Management: Tse Bonito clinic completed the 1st Quarter with elevated numbers in both clients and patients seen; Chinle clinic increase overall clinic revenue and provided reasonably priced spay and neuter surgeries services; Shiprock clinic kept clinic open on certain days with limited hours since the beginning the COVID-19 Pandemic. The clinic provides limited to no services on certain days to ensure that clients receive the veterinary services requested for their pets and livestock; and the Mobile Unit has been travelling to satellite clinics to assist clinics with minimal to no staff. Staff 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.

Ranch and Eastern Land Management (RELM)

Secured a new revised budget for the RELM Program for FY 2021 in an amount of $700,000.

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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.

Veterinary Management

Adjusted and mitigated the intake and discharge protocols for COVID-19/Dik’oos Ntsaigii-19. Extra precautions have been taken with PPE and handling patients/clients. Veterinary Management has continued to operate under safe and efficient manner to help the Navajo People.

Mobile Unit interacts and helps when needed at Tse Bonito Clinic and satellite clinics to provide veterinary services. The staff has been using this time for mobile veterinary services preparation and planning for the upcoming year to ensure quality services.

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Launched the online application December 3, 2020 for the Livestock Management Incentive Program, which provides monetary incentives to qualified ranchers on December 3, 2020.

Ranchers and one ranching corporation received incentive payments for a total of $268,000 paid out for 2018/2019.

Assisted the Lukachukai District Grazing Committee member to secure land and establish the “Lukachukai Grazing and Livestock Management Facility” by Chapter Resolution establish on November 19, 2020. Proposal is in draft and will be submitted to the AIF.

Abandoned Mine Lands Reclamation Department (AML):

Nenahnezad AML Subsidence Project consists of subsidence problems located near the Nenahnezad Chapter and local community. The first project area was fully excavated and backfilled on 19 August 2020. In September 2020, majority of the solid waste was excavated and transported to a certified landfill. Through partnership with Nenahnezad Chapter and Navajo Transitional Energy Company (NTEC), Navajo AML used matched savings from excluding using flow able grout fill to include into the project, a trail, educational signages, a natural stairway, picnic tables, passive AMD system, bridge, fishing areas, and others. A change of order and 2 field orders were processed to complete additional AML reclamation work. Currently, Navajo AML is proposing a change order for $8,000, that will cover the passive AMD treatment and to extend the contract up to March 31, 2020. Navajo AML considers Nenahnezad project as an exemplary work to encourage post land use after reclamation and will be submitted for the OSM regional award as a candidate.

Attended the National Association of Abandoned Mine Lands (NAAMLP) 2020 Winter Business Meeting in Charleston, WV. This is attended by all 26 states and 3 tribes to discuss and vote on pending legislation on SMCRA Reauthorization and the AML fee collection in regards to the grant AML receives annually, based on current coal production of Navajo Mines. NAAMLP reported due to the United States November 2020 election, the newly-elected Presidential administration, some congressional administration transitions and holidays, the legislation supporting the SMCRA Reauthorization ran out of time. Navajo AML provided update on the passing of late Navajo AML Department Manager, Ms. Madeline Roanhorse, in October 2019. A motion by NAAMLP was to name an annual scholarship in memory of Ms. Roanhorse.

Office of Surface Mining (OSM) Pilot Project, Office of Surface Mining Reclamation and Enforcement (OSMRE) awarded Navajo AML $3.3 million for the Kayenta Township Industrial & Commercial Infrastructure and Site Development Project, per the AML Reclamation Economic Development Pilot Program, concerning communities impacted by coal. Accounts have been established in Navajo Nation FMIS. Currently, the Kayenta project is waiting for a Notice to Proceed (NTP) from OSM due to their NEPA documents incomplete, Kayenta Township is using a contractor to update their outdated NEPA documents. 139

OSM Pilot Project, Shonto Community Governance (SCG), Hotel Project was pre-awarded in May 2019 by OSM/AML Reclamation Economic Development Pilot Program Project to provide additional project data, other funding sources, environmental assessments, designs and construction documents. Medallion, llC., Consultant, hired through Navajo Division of Economic Development/Project Development Department (DED/PDD), will be responsible for coordinating design/build process with Merge Architect Group and Wright Construction. Proposed to construct a 46,438 SF, 3-story hotel based on Wyndham-LaQuinta hotel specifications with cost estimate at $15,100,566.02, with funds secured from Navajo Permanent Trust Fund $5,000,000, Navajo Sales Tax $3,000,000 and Navajo DED Sales Tax $2,000,000. A Proposal Application of $3,333,333.33, includes $136,451 for Navajo AML Administration and $3,196,882.33 for hotel construction. SCG is in communication with Native American Bank for loan to cover remaining balance. DED/PDD is in the process of entering into a design/build contract with Medallion, LLC. for $9M. Navajo AML continues to coordinate required documentation and submitting an Application for funds from AMLR Economic Development Pilot Program.

Navajo Uranium Mill Tailings Remediation Action (UMTRA) Program participated in the Monument Valley National Laboratory Network site included discussions on risk reduction efforts with regards to public and environmental health, including weekly working group meetings starting with a kick-off meeting on October 29, 2020. Navajo AML has been participated in 3 sub- group meetings that meet weekly to assist in evaluation of: 1) Preferential Transport Pathway Characterization; 2) Uranium Source Characterization; and 3) Nitrogen Source Characterization. Participation in Teaming Agencies effort for Mexican Hat UMTRA site to discuss and evaluate Geotechnical Sampling and Material Testing (GSMT) results, Interim Cover Protection (ICP) performance, and the forthcoming document Erosional Piping Characterization & Data Report (EPIC) kick off. AML also helped to lead in the annual Long-Term Surveillance and Maintenance (LTSM) inspection for Shiprock and Tuba City UMTRA sites.

Navajo Forestry Department

Completed the forest thinning project, Wheatfields No.2, and with the assistance from the USDA Natural Resources Conservation Service (NRCS), the main component of this project has been considered completed. The project area was field inspected by NRCS and was determined all project measures were completed; therefore, NRCS certified the project as complete and initiated the funds reimbursement process.

The Department continued to operated, under an altered work schedule to provide services to the Navajo people seeking forest product permits. This allowed individuals to harvest firewood and other forest products for their personal use. In addition, firewood resale permits were only issued on Mondays, due to the weekend curfews that were imposed by the Health Command Operations Center, so that individuals could sell firewood to generate income for their families.

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Department continued to work 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.

CHALLENGES

1. Navajo Land Department (NLD) a. Every year, each county sends out Notice of Values to property owners, including to the Navajo Land Department. The counties allow 30 days to appeal or petition on property values and every year NLD have been unable to review all of the counties’ notices to make sure that the Nation is being fairly taxed on the fee lands. b. With the COVID-19 Pandemic the department safety precautions were in place in order to open the office to the public. All duties and responsibility are handled electronically and automated all contacts with the public, and clients and entities handle by telephone, email and text. c. NLD does not have the personnel to enforce Navajo Nation land related laws, regulations, sanction, collections of fines that could generate new revenues. NLD Plan of Operation and Homesite Lease Regulation approved enforcement authority/responsibility, however, no funds have been appropriated for enforcement to address disputes or violation of regulations.

2. General Land Development Department (GLDD) a. Establish One-Stop Shop to continue to streamline the right-of-way process. b. Executive Reviewers complete reviews/approvals electronically on the NLTDS.

3. Abandoned Mine Lands Reclamation (AML) a. During to the Navajo Nation State of Emergency (Executive Order No. 010-20 and No. 011-20) and Public Health Emergency (Order No. 2020-031) there was a turnaround time for approval of contracts and MOU from the Office of the Controller (OOC) for Nenahnezad AML Subsidence Reclamation Construction Project and Crownpoint Office of DINE YOUTH. The COVID-19 virus has affected the program in many ways and Management is still trying to figure out how to best achieve some of these issues. Keeping staff safe continues to be a top priority while trying to complete daily task for the operation of the program and its needs. b. Navajo Nation Travel restrictions are impacting State and Federal agencies from working on the Navajo Nation, putting some restrictions on our field and project activities and inspections.

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c. Unable to fill staff vacancies; current AML positions are, Department Manager III, Network Specialist, and Senior Hydrologist. Note, individuals are interested, observed younger applicants do not have years experiences in supervision/management, while the Navajo Nation promotes the need for young professionals to fill some of the vacancies with the Navajo Nation. 4. HHPD a. Department is continously working to improve the 30-day turnaround time in reviewing incoming archaeological reports. Occasionally, reports submitted to HHPD are not up to professional report standards and are returned to the sponsors or their contractors for revisions, which prolongs the review process. After NNHHPD's review, the Cultural Resource Compliance Forms and archaeological reports for rights-of-ways, or leases are submitted to the BIA/NRO for their concurrence. Their review usually takes up 30-days or less. HHPD currently employs two archaeologists who review incoming reports. b. HHPD-HMS and BIA Natural Resources kept in communication via email during the government closures, Navajo Nation and BIA, due to COVID-19 virus. On 8/3/20, updates were provided and scheduling to complete the NPL fencing project to begin 8/17/20. The NPL Precinct 2 (Line A; 15.8 miles) progress is moving slowly. By 8/28/20, approx. 2 miles were staked out by BIA-NPL. The project area is in rugged and hard to access terrain. The HMS cultural resource inventory completed approximately 3 miles on 9/2/2020 working right behind BIA-NPL who staked an additional 1 mile by 9/2/2020. In the meantime, BIA-NPL should have staked out an additional 4 miles by 9/15/20. The HMS crew will continue working in the field in Pinon, AZ taking safety precautions since it is a high risk area due to COVID-19 virus. District 1,3,5 fence project, update 9/14/2020 by BIA Natural Resource Manager, Western Agency, the fence construction is on hold waiting on Southwest Conservation Corp. contractor and schedule to finish constructing the fence project which requires 4 sites to be monitored by HMS archaeologist. Phase 2 Burnham fence project update August 27, 2020 by BIA Range Management Specialist, Northern Agency, project to start in October 2020; monitoring is required at 8 sites. Phase 3, Northern Agency project BIA update 8/27/2020, project requires a Biological survey of the fenceline and it will at least be another year or two to get the project cleared and funded. 5. Minerals Department a. The Department’s Mine Safety and Health Administration (MSHA) Program continues to receive inquiry telephone calls on upcoming Mine Safety Training courses, which are usually provided quarterly. Due to the pandemic, the Department’s focus is on safety and to follow Navajo Nation Orders and CDC guidance on prevention. As such, the Program will continue to hold limited courses as the need arises. Normally, the Program administers a couple of certification courses each quarter. Post COVID-19 (the Program had to halt classes), the Program goal is to teach several weeks per month to catch up with those whose annual refresher certification expired during the shutdown and those close to expiring soon.

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The plan is to revert to offering both Annual Refresher and New Miner training in the new fiscal year. b. Moving documents through the 164 Review process is very slow. There is question: What happened to the proposed Energy Department? The Department could use some help with drafting and reviewing negotiated lease and ROW documents. 6. Forestry Department a. Challenges faced where getting the BIA Navajo Regional Office to issue an environmental decision in a timely manner. Projects can be implemented sooner, if the environmental decision can be provided sooner by the BIA Navajo Regional Office. b. With the need to continue to provide forest product permit to the Navajo people, while keeping staff and individuals safe, the Department had to ensure that COVID- 19 safety protocols were followed and abided by. Operation times were also limited, to ensure time was provided to cleaning of all the most frequent touched areas, while providing forest product permits and also providing other forest related services to the Navajo people. c. The frequent number of permits that were being requested and the timelines that these projects were to be permitted for. A majority of the NTUA projects were funded through the CARES Act funds; therefore, permits needed to be developed and submitted to the BIA for approval, before the projects could be implemented.

7. P&R Department a. Closure of Navajo Tribal offices has delayed payments to vendors, procurements, and processing of contracts through the 164 review. b. Essential workers are hesitant to return to work due to concerns about contracting the coronavirus. Additionally, many of the designated essential workers are not equipped at their homes with the needed work from home equipment, internet, laptops, printers, etc. to effectively work. c. The P&R Department operates on revenues generated from its Navajo Tribal Parks operations. The department anticipates a shortfall of over $3 million as there are no revenues received due to the Tribal Parks closures. d. The monitoring of the Tribal Parks is very crucial during the closures because the Parks continue to receive a lot of traffic coming into the Parks despite closure signages. There are also some challenges with break-ins where Tribal Parks supplies and equipment are being stolen. The Tribal Parks have only 3 rangers to oversee the Parks that is a challenge to monitor the Parks. 8. Department of Resource Enforcement (DRE) a. The greatest continuing challenge is to conduct business while addressing the issues surrounding the COVID-19/Coronavirus. The Navajo Nation’s first case began on March 14, 2020 and as of September 7, 2020 there have been over 9,901 cases with 7,154 recovered and a total of 523 deaths for Navajo. Programs must try to determine the safest method of re-opening for business without creating undo risk for staff and the general

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public. The challenge is trying to move forward during the Coronavirus pandemic when there is so much unknowns. b. Steamboat Chapter had concerns that the horses were dying from lack of water at windmills and several foals were left without the mother horse. Community members were hauling water for these horses and on certain days they had to travel elsewhere to haul water or from their own homes. Livestock owners did not respond to assist in hauling water for their horses. Some of the branded horses had permittees that were deceased and the grazing permit was no longer valid. The Rangers had to work a 14-hour shift on August 21, 2020 in order to transport these horses to Blackhat Impound yard. Due to working late into the night, a Ranger unit was damaged and the department must incur the damage cost. c. Department is needing funding as the staff are deemed essential employees yet there is no funding allocated for rates of pay and maintenance of fleet units. This is a persistent problem, with the annual budget process and the department’s overall funding has decreased over the years resulting in less money for personnel. Department experience decision to layoff when it is known crime has increased over the years yet additional funding has not been allocated to address the needs. d. Since the DRE staff are considered essential employees the department ended up fielding questions regarding the pandemic and other offices. The department was not shared those offices that were closed or what operations hours were in place. For example, department received calls about the elections and the status of the elections, and questions about the Legislative Branch. Offices should have routed their calls to staff who were working from home so they could provide the public information about their operation. e. During the ACS assignment, security patrol was provided for the Chinle school and community center. The Chinle I.H.S. was the host for this assignment. The department officers had to subdue any COVID patient that would get disorderly. Communication was not clear from the Health Command Center regarding what the security detail encompassed. The officers were not prepared and/or trained and properly equipped for this assignment. f. During traffic patrols motorist shared they were tired of listening to the messages they heard of public announcements on the television and radio. The traffic stops were only done to promote safety for the Navajo people. g. During the Wood Springs fire, officers encountered people within the fire area which caused the officers to try to locate these people, another encountered were 2 female ATV riders that had an accident while riding their ATV. While trying to get assistance with a police officer, the female riders took off into the woodland but could not be located and the ATV was confiscated. h. Since the pandemic began, the Natural Resource Law Enforcement officers have been working tirelessly on a daily basis, assisting with checkpoints, special assignments mitigating COVID-19, adjusting to shift schedules and at the same time provide assistance to the general public on natural resource complaints and assisting other departments with their special assignments and all the while prepare written reports and submit by deadlines that were set. 9. Fish & Wildlife Department (F&W) 144

a. Challenge 1, although Department operations have continued on a limited basis, it is unknown if other Departments and Programs are operating. Contracts and OR’s have stalled at the Navajo Office of the Controller (OOC) Purchasing Department and attempts to reach staff have failed. Contracts signed by President Nez are still awaiting contract numbers. One contractor is owed over ½ million dollars and they have not been paid for over 30 days. The Wolf Springs Ranch contract is also awaiting a contract number, and personnel funded under that contract have not been paid since October 1, 2020. No one is responding to inquiries on OR’s, Contract processing and invoice payments. b. Challenge 2, the Department coordinated with the Office of the Auditor General (OAG) and Moss Adams, LLC in a performance audit of the Department. A draft final report was submitted by Moss Adams and initial review by the Department revealed that much of the information and data that was provided to Moss Adams was not incorporated into the report. A final response to Moss Adams and the OAG was sent on March 30, 2020 documenting the numerous deficiencies in the Audit Report. Department supervisors met with the OAG for 2 days to review, in detail, the Departments comments and deficiencies that were identified in the draft report. c. Challenge 3, the Natural Heritage Program (NHP) is having significant challenges in receiving feedback and communication on which forms NHP need to change or edit from contract accounting in a reasonable timeframe. NHP has been trying for many months to establish a business unit and use funds on a project that Navajo NHP was a subcontractor on in 2017/2018, and still have not had success. Department also had trouble with changing a scope of work on an Agricultural Infrastructure Project and have been trying for many months to get all the needed forms and permissions. Department would have a much easier time with this if there was timely communication from OMB on these activities. In many cases emails and phone calls go unanswered and months pass before we can get a response about what we need to change. This makes following through on grant timelines and objectives near impossible, which in turn puts the program in jeopardy of receiving additional funds from external organizations, and creates a lot of unnecessary frustration.

10. 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 145

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. 11. Navajo Nation Museum a. With the Navajo Nation on lock down, limited staffing schedules have made it slightly difficult to address every concern in and immediate manner, though the Museum staff are working through this it strives to protect all employees within the building as much as possible. b. Revenue lost during the shutdown of schools, the Navajo Nation and most of the United States as well as other countries around the world have been devastating. The holiday season has become one of Museum’s highest grossing times of the year for the gift shop and facility rentals, the higher risks associated with in person shopping, holiday gatherings the Museum has lost a large portion of potential income. c. A challenge faced every day is accommodating the public with access to online learning tools and general questions concerning re-opening procedures for the Museum and the normally available service like photocopies, document scanning, faxing services and curbside shopping through our gift shop. The Museum have also been providing off- reservation travelers the information needed to keep them safe and the Navajo people safe as well. 12. Navajo Nation Department of Agriculture (NNDA) a. Range and Farm Management 1) The Department suffers from (1) significant delays in needed supply purchases due to decreased Navajo Nation personnel, capacity of staff to process Navajo Nation financial documents in addition to CARES Act funds leading to high demand for services and low supply for service provision; each department must be able to manage their own funds; (2) lack of adequate supply of PPE at worksite despite being deemed essential employees; (3) remote worksite lacks internet services during high pandemic conditions. 2) COVID-19 is placing stress on impacted grazing lands as community members are (1) illegally burying their relatives on open range; requests continue to be received to bury on open range and now requests include assistance with stopping burials on customary use land; (2) increasing requests for homesites on open grazing despite efforts to remain in compliance with protections of open grazing, water sources or resources for livestock, wildlife and plants. They also do not want to move where there is existing infrastructure as they expect the Navajo Nation to pay for the service. 3) Agriculture elected officials face challenges, (1) providing services such as homesite lease, branding burials, livestock inventory while protecting themselves and the public from COVID-19; (2) lack of precipitation will increase drought issues such as lack of forage and water, increased cost of livestock management, inability to remove more horses and reduce livestock; the Equine Reward Program must be restarted; (3) it is required to submit GCFs with original signatures as required by Payroll as they live all over the Navajo Nation; physical document submittal places staff at risk for exposure to infection; (4) the pandemic has effectively stopped grazing permit management by the courts, i.e. permit transfers, complaints; (5) meeting by teleconference when phone and internet services are lacking

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throughout most of the Navajo Nation; (6) lack of PPE provision from the Navajo Nation, i.e. masks, gloves, eye protection, disinfectant spray and wipes; and (9) dispute resolution is mostly on hold due to stay in shelter orders hinder meeting in person for mediation and field investigation.

c. Veterinary Management 1) It is a huge challenge to operate at normal levels during a pandemic. Staff are following our Veterinary Management COVID-19/Dik’oos Nstaigii-19 which limits capacity and elevates maintenance levels, i.e. PPE, disinfection, phone communication, limited direct contact with clients. 2) There is only ONE veterinarian for all satellite clinics and subprograms, 6 entities are under one Veterinarian. Program funding reduction limits the clinics as there are less permanent personnel positions as numerous positions were abolished. The program is operating with limited staff. 3) Chinle Veterinary Clinic needs a licensed veterinarian; preferably one who has worked in a mixed-animal practice. The clinic, while still serviceable to meet the needs of the clients and staff, is prone to flooding as it was built at ground-level. Each flood damages the floor tiles and walls which promotes mold/mildew. The building needs to be rebuilt. 4) Shiprock Veterinary Clinic is without a full time Senior Extension Agent. Staff members from other clinics travel over 100 miles, one way, to provide veterinary services and ensure community member pets receive basic care needs. 5) Mobile Unit is unable to go out into the rural areas to provide veterinary services in areas with little to no veterinary services due to the COVID-19 pandemic. 6) Operation Puppy Rescue is experiencing a significant influx of surrenders. The increase in surrenders placed a strain on limited staff and facilities. The increase is due to the closure of the Navajo Nation Animal Control Program.

Project #1: P&R was allocated $828,637.00 from the CARES fund for economic assistance to small businesses impacted by the pandemic. Of this amount, the department expended approximately $354,372.99 leaving a balance reverted to Hardship Fund of $474,264 subject to final audit.

Project #2: P&R assisted in distribution and collection of Hardship Fund applications at the Tribal Parks and submitted to Controller’s Office. Assistance was also provided making available wifi so applicants could file electronically.

Project #3: P&R assisted in the removal and burying of illegal hemp production in Shiprock area by assigning crew and heavy equipment.

Project #4: Navajo AML FY 2018 OSM Pilot Project for Kayenta Township and Iiná bá, Inc., completed/updated a NEPA document which will be reviewed by OSM in coordination with Navajo AML. After the acceptance of the NEPA document OSM will process an Authorization to Proceed. 147

Project #5: Navajo AML FY 2021 OSM and UMTRA grant funding will process funding request documents for the budget; this requires review and signature from the OPVP office.

Project #6: NLD: Purchase of Navajo Nation Washington Office has stalled with Naabikiyati Committee; the legislation 0220-20 was referred back to the Resources & Development Committee (RDC) to obtain cost for operation and maintenance on the office building.

Project #7: NLD is procuring an appraisal contract on the Gallup Land Partners land located in Gamerco, NM with Gipson Investments Inc.; the contract has been approved and signed, however, it is pending a contract number from OOC/Purchasing Department.

Project #8: DRE: October 23, 2020, Ranger Lapahie and Ranger Recruit Mark assisted Navajo Police Department (NPD) with a COVID-19 PSA checkpoint held in Tohajilee, NM. There was confusion regarding what was to be distributed at the checkpoint as Tohajillee Chapter was aware of the PSA Checkpoint request. Office of the President and Vice President (OPVP) was to bring needed materials to distribute to the public however OPVP did not show. NPD and Resource Enforcement were able to collaborate with the local CHR and Chapter official to provide the PSA checkpoint.

Project #9: DRE: October 30 and 31, 2020, Ranger Sergeants Milford and Billy and Ranger Recruit Mark assisted OPVP, Window Rock NPD and Navajo Division of Transportation (NDOT) conduct a Public Service Announcement (PSA) Roadblock near milepost 2 on highway 264 South of Tse Bonito New Mexico. Provided pamphlets on general safety information pertaining to Coronavirus and the established Navajo Nation curfews and weekend lockdowns; and to further distribute protective masks and hand-sanitizer. An issue was brought up where the Rangers were not to distribute protective masks and hand sanitizers as this would be completed President’s office. It may be more beneficial to have Rangers available when assistance is needed at checkpoints to complete necessary tasks.

Project #10: DRE: December 5, 2020, Ranger Sergeant Milford and Ranger Scott assisted the Crownpoint NPD conduct PSA Roadblock near the old Crownpoint NPD to provide brochures on general safety information for the Coronavirus and the established Navajo Nation curfews and weekend lockdowns; and to further distribute protective masks and hand-sanitiszer. Toys were also provided to those families with small children, being that the Christmas holiday this month. During this assignment there were occupants of at least 1 vehicle who appeared very sick, possibly with the Coronavirus.

Project #11: DRE: October 31, 2020, OPVP issued Ranger Sergeant Milford 5 boxes of Cares Act Food supplies. As December 1, 2020, all boxes were distributed to families in need in Navajo communities. OPVP asked how many Rangers were assisiting with the COVID-19 PSA Checkpoint at Tse Bonito and provided 5 boxes of the Cares Act Food supplies. DRE staff provided the Cares Act Food supplies to individuals who were in needed and distributed to them. 148

It would be benefical for OPVP to work with the CHR office to ensure individuals in need of the assistance receive the supplies.

Project #12: F&W - Division of Community Development Project Review Coordination. The following is a status report on the action items established to address the biological review backlog for projects at the Division of Community Development (DCD); the Natural Heritage Program submitted a funding proposal to expand the Environmental Review function. The proposal totaled $205,415 and was to be incorporated into the DCD $7 million funding package for Siihasiin funding.

Project #13: F&W - Biological Review/Compliance for NTUA’s Light Up Navajo Projects. The NTUA cancelled the Light Up Navajo initiative due to the COVID 19 Pandemic. However, approximately 24 Biological Resource Compliance Forms (BRCF) were completed prior to NTUA cancelling the initiative.

Project #14: NDWR - Sihasin and Permanent Trust Fund Domestic and Municipal Water Projects: 1. Smith Lake Well Replacement Phase I - MOA from Indian Health Service is pending. 2. Smith Lake Well Replacement Phase II - MOA from Indian Health Service is pending. 3. Cutter Lateral/Eastern Navajo Water Pipeline - $365,000 is contracted with Souder- Miller & Associates (SMA) and $330,136.45 contracted for construction services. This project builds upon previous funding from New Mexico, USDA, AML and other funds. Contract modification with SMA complete for planning and design work. Contract Amendment for NECA for construction in the amount of $84,000 completed. 4. Chapter Water CIP Plans – 2017a - Kayenta, Chilchinbeto, Rough Rock, Breadsprings, Chichiltah, Manuelito, Red Rocks, Rock Springs, Tsayatoh, Lupton (necessary to evaluate chapters' water needs and develop plans to leverage external funds). Kayenta, Chilchinbeto, Rough Rock plans were completed with 2013 Supplemental funding. Scope of work finalized for connection plans for communities in and around Navajo Nation Chapters that surround City of Gallup. Contract with Depauli Engineering executed in March 2020. Work is ongoing. 5. Chapter Water CIP Plans – 2017b - Ganado, Tselani, Steamboat, Jeddito, Cornfields, Kinlichee, Klagetoh, Wide Ruins, Lower Greasewood, Dilkon, Teestoh, Indian Wells, White Cone (necessary to evaluate chapters' water needs and develop plans to leverage external funds). Work added to existing contract with Brown and Caldwell and a kick off meeting held in 2018. Regional Plan completed in 2019. Final draft of Chapter water plans completed in early 2020. 6. Chapter Water CIP Plans – 2018 - Budgeting funds into new account for plans to assist Fort Defiance, St. Micheals, Sawmill, Counselor, Pueblo Pintado, Whitehorse Lake and/or Ojo Encino Chapter based on need. A scope of work will be finalized by January 31, 2020. 7. Chapter Wastewater CIP Plans – 2018 - Budgeting funds into new account for plans to assist with wastewater capital improvement plans based on need. There is a current need to plan for a new wastewater system for economic development in the Antelope Canyon area of Lechee Chapter. Scope of work is being coordinated with NTUA and will be completed by January 31, 2020. 149

8. Chapter Water CIP Plans – 2019 - Funding in 2019. Budget forms being submitted to OMB in July 2019. Project summary timelines need to be updated and resent to OMB – this task was completed in January 2020. Awaiting budget entry by NNOMB. 9. Chapter Water CIP Plans – 2020 – Funding in 2020. Budget forms will be submitted to OMB by December 31, 2020. 10. Pinon Additional Well - MOA executed under IHS Project No. NA18W30. Will process payment when invoice is received. NAIHS will also proceed with project documents for another Pinon well using PTF funds. Project NA-17-W30 for $1,062,000. Design and permitting work in ongoing. 11. Ramah Pine Hill Area - Agreement executed and $405,000 paid NA17W07. Work is ongoing. 12. Rock Point West WL Extension - MOA executed and $2 million paid under IHS Project No. NA17W03. IHS note: This Project Summary, under IHS Projects NA-16-XM7 and NA-17- W03. Work is ongoing. 13. Bodaway Booster Station Upgrade - NAIHS agreed to have Navajo Nation and engineering contractor, Brown and Caldwell to assist with tasks in the Bodaway-Gap water system. A contract amendment with Brown and Caldwell will be completed by December 2020. 14. Smith Lake Well Completion - This project will assist to finalize the drilling project funded by USDA Rural Development. This project assists to finalize the drilling project funded by USDA Rural Development who contributed $1 million and New Mexico who is contributing $1,320,000. An extension for the NM TIF funding was submitted to New Mexico Indian Affairs Department and approved for extension to January 2020. The USDA funds started the project that included some deep well exploration and water sampling. The New Mexico and Navajo Nation funds are finishing the project with additional sampling, shallower well construction based on water quality and connection to existing system. NTUA has agreed for NDWR purchase of water treatment system to assist the water quality. Work is ongoing. 15. Tohajiilee-Albuquerque Waterline Design – Design work is under contract with SMA. Design work is ongoing. Met with Albuquerque-Bernalillo County Water Utility Authority in early 2018,summer of 2019 and 2020 to discuss connection location and routing options. Met with Jicarilla Apache Nation in March 2018, 2019 and 2020 to discuss exchange of water for Tohajiilee. Proceeding with discussions and working with Councilman Henio, private land owner, county and others on possible purchase of lands for right-of-way just east of Tohajiilee. Easement negotiations completed in November 2020. Water rights lease finalized and being processed for execution and payment. Plan to use these funds to pay for easement by mid- January 2021. Work is ongoing.

16. Sweetwater Extension Phase 5 and 7 - MOA executed under IHS Project No. NA16W02. This funding under this MOA will construct approximately 2.4 miles of 16-inch water main. This funding will supplement other IHS and EPA funded projects for the 50-mile transmission pipeline between Shiprock and Sweetwater. Subsequent MOA executed under IHS Project No. NA18W31 This project builds upon previous IHS funding to upsize the pipeline from Shiprock to the Four Corners area. 150

17. Lake Powell Intake – Design is being worked on by Brown and Caldwell for work on various components of the project. The work builds upon completed Tuba City Regional Water Plans and North Central Arizona Water Supply Project feasibility study. Contract modifications with Brown & Caldwell are up to date along with the Lake Powell Intake Project. Project kickoff teleconference held in March 2017. Work is ongoing. Monthly Technical Advisory Group meetings are being held. Design and clearances are being completed for Bodaway-Gap well. NDWR and NTUA have decided to re-scope the project to utilize the NGS intake and to construct a new water treatment plant. Due to the change in the scope of the project, there is an estimated need for an additional $38.7 million to $56.5 million. Requested Salt River Project to allow joint use of intake and transmission line but request has been denied in October and December 2020. Continuing to follow up on discussions with SRP. Design work is ongoing. 18. Western Navajo Pipeline Phase 1 – This project is needed for the transition away from Navajo Generating Station (NGS) to other forms of economic development in LeChee Chapter. A prospectus is available that summarizes the work that is ongoing. Design is being worked on by Brown and Caldwell for work on various components of the project. The work builds upon completed Tuba City Regional Water Plans and North Central Arizona Water Supply Project feasibility study. Scope of work and timelines are available. Expenditures will be forthcoming. As noted in the Lake Powell Intake Project, due to the change in the scope of the project, there is an estimated need for an additional $38.7 million to $56.5 million for this Phase 1 project. Design work is ongoing. 19. Southwest Navajo Pipeline - MOA executed under IHS Project No. NA16W01. Initial funding was be used to drill a new community well near Leupp. The well was drilled in 2019 and testing will be completed in 2020. IHS committing $15 million to project. Construction on the Leupp to Dilkon waterline will begin in 2020. BIA grant of easement pending at BIA. 20. Thoreau Baca Haystack Well - Design work is under contract with SMA. Pre- development clearances completed. Contract for drilling contractor has been executed. Drilling to begin in July 2019 and completed in September 2019. Well has been drilled and water quality testing is being completed. New Mexico funds are also contributing toward this project. 21. Dennehotso-Baby Rocks – Funding in 2019. Budget forms being submitted to OMB in July 2019. Project summary timelines need to be updated and resent to OMB – this task was completed in January 2020. Awaiting budget entry by NNOMB. 22. Tuba City Well and Connection - MOA executed under IHS Project No. NA18W29. NAIHS will proceed with project documents for Tuba City PTF funds for replacing well #4 and AC waterline. N-aquifer water well was drilled in 2019. NAIHS and NTUA coordinating connection to system. 23. Jeddito Goldwater Loop Phase 1 - MOA executed under IHS Project No. NA18W33. Will process payment when invoice is received. Scope of work and budget in process. MOA should be in process for signatures. Funded $113,000 in 2016 for planning. NAIHS needs to complete planning before construction. 24. Cousins Radio Tower Phase 1 – Planning work is ongoing. 25. Cousins Radio Tower Phase 2 – Planning work is ongoing. 26. Cousins Radio Tower Phase 3 – Planning work is ongoing.

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27. WMB Project Management - A portion of this, $120,000, was used for Technical Advisory Group (TAG) and additional coordination for Lechee/NGS/Antelope Point area as part of Western Navajo Area project. Hydrologist started in June 2018. NNWMB combined the amounts into one budget for a total of $1,200,000. Final appropriation budget for 2019 will be submitted in October. 28. San Juan Lateral Chapter Connection Plan - Contract modification with SMA for $500,000 completed. This project builds upon plans funded by U.S. Bureau of Reclamation (BOR) and New Mexico. Work was completed in December 2019. 29. Cutter Lateral O&M Fund - MOA with NTUA being finalized. MOA with NTUA drafted and finalized. Awaiting NTUA approval and signature to process. Agreement finalized and pending execution by Navajo Nation for payments.

Project #15: NDWR – New Mexico Funded Projects: New Mexico funded projects are projects submitted by Navajo Nation chapters and are on the Capital Improvements Projects (CIP) listing in coordination with Navajo DCD. Projects can be funded through the New Mexico Tribal Infrastructure Fund (TIF), Capital Outlay Funds, New Mexico Water Trust Board or other New Mexico agencies. All of the funding agreements are processed by the Navajo DCD. The lead agent is assigned by Navajo DCD. The Water Management Branch (WMB) of the NDWR is assigned as the lead agent to complete the planning, design and/or construction projects for water/wastewater systems projects funded by New Mexico. The projects benefit chapter members, community water and wastewater systems. In some cases, the projects compliment larger projects funded by the United States, Navajo Nation or other agencies. 1. Ramah Mountain View Water System Extension (TIF – $470,000) - Agreement began on 2/8/2018 and ends on 2/8/2021. Planning, design and construction of water system extension and related water system improvements. Completed drilling of Pilot Water Well - low water yield. Program, chapter and consultants are evaluating alternatives. 2. Baca Chapter Water System (TIF - $311,350) - Agreement began on 8/7/2018 and ends on 8/7/2021. Planning, design and construction of water well and related water system improvements. Drilled Pilot Water Well in 2019. Completed well in February 2020. Working on connecting well to water system. 3. Tohajiilee Water System Improvements (18TIF06 - $1,320,000) - Agreement began on 8/7/2018 and ends on 8/7/2021. Planning, design and construction of water system improvements. Obligation in the amount of $220,000 for engineering (SMA). Finalized construction bid documents. Project was bid out in July 2020. Bids received on July 31, 2020. Lone Mountain Construction selected. Construction contract is being processed. 4. Chichiltah Sewer and Utility (Capital Outlay - $50,000) - Agreement began on 12/3/2018 and ends on 6/30/2022. Planning, design and construction of wastewater system improvements. Performed preliminary reconnaissance to assess sewer lagoon facilities. Obligated $50,000 in May 2019 to engineering contractor for planning and design. Work is ongoing. 5. Chichiltah Water System (Capital Outlay - $83,000) - Agreement began on 11/30/2018 and ends on 6/30/2022. Planning, design and construction of water system improvements.

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Contract with engineering firm submitted in May 2019 in the amount of $83,000. Confirmed land status and began surveys. Work is ongoing. 6. Counselor Water System (Capital Outlay - $40,562) - Agreement began on 11/30/2018 and ends on 6/30/2022. Planning and design of water system improvements. Acquisition of design data complete. Work is ongoing. 7. Tohajiilee Chapter Water System Improvements (19TIF10 - $975,000) Agreement began on 10/9/2019 and ends on 10/9/2023. Project is to plan, design and construct water system improvements and to purchase, replace and install booster pumps and a pressure-reducing valve for the To'hajiilee chapter in Bernalillo County. Contract with engineering firm (SMA) in the amount of $150,000 submitted for approval in March 2020. Drafted construction bid documents. Awaiting rights-of-way approvals. Will bid out project in July 2020. Bids received on July 31, 2020. 8. Tohajiilee Chapter Water System Improvements (Capital Outlay $130,000) – Agreement began on 6/1/2020 and ends on 6/30/2023. Obligated $20,000 to engineering contractor (SMA) in November 2020. Lone Mountain Construction selected. Construction contract is being processed. 9. Smith Lake Chapter Regional SCADA System Construct (Capital Outlay - $675,000) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to plan, design and construct a regional supervisory control and data acquisition system, including rights of way, for the Mariano Lake, Baca, Thoreau and Smith Lake chapters of the Navajo Nation in McKinley County. Contract with engineering firm submitted for approval in early August 2019 in the amount of $125,000. Contract with construction firm submitted for approval in late August 2019 in the amount of $431,596.79. Amendment to construction firm submitted for approval in March 2020 in the amount of $118,403.21. Work is ongoing. 10. Navajo Nation Community Water System Improvements (Capital Outlay - $225,000) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to plan, design and construct water system and water line improvements for the Navajo Nation in San Juan and McKinley counties. Contract with engineering firm submitted for approval in November 2019 in the amount of $15,000. Contract with drilling contractor issued in January 2020 in the amount of $10,746.95. Work is ongoing. 11. Newcomb Chapter Waterline Extension (Capital Outlay - $175,000) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to plan, design and construct a waterline extension for the Newcomb chapter of the Navajo Nation in San Juan County. Contract with engineering firm submitted for approval in November 2019 in the amount of $35,000. Tribal Access Authorization (TAA) request will be submitted for approval in January 2021. 12. Alamo Chapter Water Well (Capital Outlay - $787,500) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to plan, design, construct and drill a new well in the Alamo chapter in the Navajo Nation in Socorro County. Contract with engineering firm submitted for approval. Work is ongoing.

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13. NGWSP Sanostee Chapter (Capital Outlay - $90,000) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to plan, design and construct water lines to connect the NGWSP to the Tse Alnaozt'ii, or Sanostee, chapter in San Juan County. Contract with engineering firm (SMA) submitted for approval in December 2019 in the amount of $90,000. Work is ongoing. 14. Coyote Canyon Chapter Water System Improvements (Capital Outlay - $100,000) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to plan, design and construct improvements to the water system at the Coyote Canyon chapter in McKinley County. Contract with engineering firm submitted for approval in May September 2019 for $100,000. Work is ongoing. 15. Chichiltah-Vanderwagon Community Water System Phase 2 (TIF - $501,113) Agreement began on 10/9/2019 and ends on 10/9/2022. Project is to plan, design and construct a waterline extension. Contract with engineering firm submitted for approval in October 2019 in the amount of $501,113. Work is ongoing. 16. Twin Lakes Chapter Waterline Extension (Capital Outlay - $100,000) Agreement began on 5/23/2019 and ends on 6/30/2023. Project is to plan, design, construct, purchase, equip and install water line extensions for the Bahast'lah chapter in McKinley County. Sole Source with NECA approved. Contracts being drafted. Contract finalized and awaiting NECA review/signature for processing. 17. Navajo Nation Veterans Center Shiprock Chapter Wastewater Line (Capital Outlay - $50,000) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to acquire easements and to plan, design and construct a wastewater line from the NTUA system to a Veterans' Center in the Shiprock chapter in San Juan County. Discussions with Chapter and NTUA ongoing. 18. Counselor Chapter Lybrook Water System Improvement (Capital Outlay - $150,000) Agreement began on 6/1/2019 and ends on 6/30/2023. Project is to plan, design and construct improvements to the Lybrook water system for the Counselor chapter of the Navajo Nation in Sandoval County. Contract with engineering firm submitted for approval. Work is ongoing.

Project #16: Navajo Nation Department of Agriculture (NNDA): OPVP requested assistance with trailers to haul various supplies and materials throughout the Navajo Nation; assistance was provided to OPVP by hauling of supplies and loaning of livestock trailers to perform these duties.

Project #17: NNDA: Ranger Sergeant placed in charge to manage the Nakai Hall; much of assignment time was spent on non-NNDA duties and responsibilities and heavily place with COVID-19 response 24-7 with no vacation or hazard pay. Project #18: NNDA: Ranch and Eastern Land Management worked cooperatively with DNR and OPVP on budget transfers for payment of County Property Taxes on Tribal Ranches.

OUTREACH AND COMMUNICATION

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Navajo Nation Environmental Protection Agency

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. Corps of Engineers looking at 404 enforcement at hemp farms (Farley Blueeyes and Marcus Benally) and 401 Cert issued for BIA Wide Ruins School WW system.

2. At end of 1st Quarter, Pesticide program employees completed eleven (11) FIFRA inspection reports for inspections conducted at hemp farms at Shiprock, Hogback, Cudei, New Mexico. A total of 26 FIFRA inspections were conducted from 2020 4th Quarter to 2021 1st Quarter. Violations of the Navajo Nation Pesticide Act were documents; completion of six (6) inspection reports continue.

3. December 9, 2020, participated as panelists and provided a PPT presentation for a Webinar series regarding Wood Stoves in Indian Country, hosted by NAU/ITEP.

4. Received notice from USEPA of approval to the Quality Assurance project Plan (QAP) for the Indoor Air Quality project. The QAPP is effective for five (5) years.

5. Submitted a Multi-Purpose grant application to USEPA R9 for the amount of $72,220, intended for upgrade of monitoring equipment at the Shiprock air monitoring site.

6. 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.

7. Approved the NGWP to continue with project in Tse Nas Chii wetlands Block 4C-8 WQC Update Request For Reach 6 Wash/Wetland which is covered under the NNEPA 401 Cert. No. 2019-0083SR and NNEPA approval of the wetland mitigation and monitoring plan.

8. The Navajo Nation EPA 2015 Surface Water Quality Standards & Triennial Review partially approve the new and revised Subject water quality standards consistent with the requirements of section 303(c) of the Clean Water Act (CWA) and 40 C.F.R. Part 131. Supported by robust science and stakeholder engagement, the approved standards include

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updates to designated uses, definitions, numeric nutrient criteria, and expanded antidegradation and site-specific standard policies. I am also disapproving certain water quality standards as described below.

9. Approval of Primacy Revisions for Navajo Nation Environmental Protection Agency (NNEPA) Public Water System Supervision (PWSS) Program for the following five drinking water regulations: the Arsenic Rule, Consumer Confidence Report Rule, Filter Backwash Recycling Rule, Lead and Copper Rule – Minor Revisions, and the Stage 1 Disinfectants and Disinfection Byproducts Rule.

10. NAV338 Teec Nos Pos Trading Post in Teec Nos Pos, AZ achieved a 'No Further Action' status after the subsurface investigation report was provided to NNEPA and USEPA with the analytical laboratory results. The lab results indicate a 'Non-Detect' status on all soil samples. The site had to undergo an investigation due to a >1,000 gallon fuel release from a corroded pipe in the turbine containment sump on the Premium Unleaded tank in May 2018.

CHALLENGES

1. COVID-19 is limiting staff to fullfil their FY2021 workplan, budget, PAF, fill vacant position, etc.

2. The 6B process is cumbersome for processing payments for small services (calibration of essential air monitoring equipment and operation and maintenance services for office printers, scanners). A Professional Services Contract with a Scope of Work is now required. Previously, these small services were paid via Purchase Order. This has delayed essential data downloads and uploads to the Air Quality System (AQS), which is a grant condition for funds received from USEPA. OOC has unclear procedures and depending on who we speak to, we can get different answers. Recommend a new sub-account for payment of very small services that range in cost from $100.00 to $5,000.00.

3. Remediation projects are on hold and will be delayed due to the COVID-19 Pandemic.

4. The Storage Tank Program fund was placed on a Continuing Resolution by the 24th Navajo Nation and received 25% for the FY2020 funds for the 1st quarter. This limited the program on what can be accomplished in the 1st quarter for FY2021. In addtion, the coninuing resolution ended near the end of the 1st quarter and the program was only allocated 160

$69,029. The program requested from the Budget and Finance Committee in September 2020 to roll over the unspent funds from FY2020 in the amount of $70,857. However, our request was not granted and need to do a supplemental request through OOC General Accounting for the FY2020 unspent funds.

5. NNEPA Inspections are placed on hold due to COVID-19 health restrictions by NDOH and the Navajo Nation government shut down. Therefore, a few inspections were conducted in the 1st quarter. Program is maintaining contact via email and telephone with owner/operators.

6. NNEPA-Criminal Enforcement Department is in the process of updating all Arizona Police Officers Standards Training Board continuing education credits for its three officers for FY 2021, most continuing trainings are on-line, however several hours of field trianing exercise is needed to complete our certification initiatives.

Project #1: Reviewed and Approved Seven APS Service Line Agreements including Mary & Elvis Begay of Western Agency.

OUTREACH AND COMMUNICATION

Date: Number( Type of Activities & Outcome (MM/DD/YYY Location: Event Name: s) (Brief Summary) Y) Reached: 11/18/2020 Window Native 80 SGWP Department Manager Rock American presentation on NN Drinking Heritage Water Program Month 12/25/20 Virtual Nation Tribal 30 SGWP Department Manager Caucus presentation on NNEPA Committee and Consultation process. AIEO Meeting 12/15/20 Virtual Webinar 56 ATD Manager and AQCP supervisor were panelists, provided PPT via webinar regarding outreach for effective woodstove use

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11/09/20 Via Social EPA Applicator 4 Pesticide Program provided Media Certification training information for Training applicators of Restricted Use Pesticides, using EPA Materials.

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Navajo Nation Telecommunications Regulatory Commission

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. Submitted 2.5 GHz EBS Application which included waiver to cover more territory in eastern agency. We have a meeting set with FCC to discuss the reason for our wavier submitted to include territories in eastern agency. The reason for this request is due to needing continuity of wireless coverage versus checker board coverage as the engineering will pose challenges with the current map originally provided by FCC and BIA. 2. Supported buildout with CARES funding with service providers: NTUA, NTUA Choice Wireless, Sacred Wind, Cellular One. 3. KKNS 1310 AM, The Radio Station that was donated to the Navajo Nation is on the brink of being finalized. This has been an 18-month project and should be ready for official kick off on the week of the 25th of January, 2021. 4. Submitting comments to FCC in support for the “Emergency Broadband Fund” that was established by the COVID Relief signed by President Trump at the end of 2020. This will enable a subsidy for internet service up to $70 off as long as they qualify. Qualifications will be set by the FCC. The NNTRC Commissioners approved to move forward with the letter which will be submitted on January 25th, 2021.

CHALLENGES 1. Since the new fiscal year, our department Operations P-Card has been suspended. Challenges include not being able to buy toner, pay for WebEx to host various meetings. We also need to purchase Ads from Radio stations and Newspapers to move forward with updating our regulations.

Project # 1: FirstNet – Buildout with AT&T/FirstNet network has started, multiple areas in the Arizona side of Navajo Nation have become active. The most recent is Tuba City. Project # 2: KKNS 1310 AM – It took 18 months from the start to see the radio station be officially up. Final adjustments are being made now and radio station should be ready for official kick off on the week of January 25th, 2021.

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Navajo Nation Veterans Administration

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. Presentation made to N-HLCO for housing manufacturing facility in Tuba City.

2. NNVA and CVOs are still on a CR.

CHALLENGES

1. Education of Navajo Nation policies and laws continues to be an issue for both veterans and select Council delegates. Because of this lack of education and unwillingness to learn, the NNVA is on limited budgets, as are the CVO's, most of whom have exhausted funds and veterans are without needed financial assistance that would otherwise have been available.

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Navajo Nation Washington Office

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR CHALLENGES

1. Program Improvements (Staffing) - The Navajo Nation Washington Office is pleased to announce the selection of Casandra Chee-Tom, Diné (Navajo) to fill the Administrative Services Officer position. Mrs. Chee-Tom is Naakai Dine'é (Mexican Clan) and born for Tł'ááshchí'í (Red Bottom Clan). Her paternal maternal grandfather is Mą'ii deeshgiizhinii (Coyote Pass Clan) and her paternal grandfather is Bit'ahnii (Under His Cover Clan). Casandra grew up on the Navajo Nation by the Chuska Mountains in District 11 surrounding areas of Tsaile - spending winters at the tail end of Canyon De Chelly near Del Muerto and spending summers at the family ranch in Wheatfields. She earned dual Bachelor of Science degrees in Political Science and Journalism with a minor in Native American Studies as well as a Masters Degree in Administration from Northern Arizona University. Her resume includes stints with the Bureau of Indian Affairs, National American Indian Housing Council, and Running Strong for American Indian Youth. Along with Husband Walter, a veteran of both the U.S. Army and Marines, she has five children.

2. Program Outreach - We tested the edges of the vortex of communications technology on November 20, 2020 when Executive Director Santee Lewis attempted to launch NNWO’s first ever Facebook Live event--a panel discussion to observe Native American Heritage Month titled What is Native American Heritage Today? The panel included Miss Navajo Nation Shaandin Parish, Artist/Educator Anna Tsoskarakis, Director of the Navajo Nation Museum in Window Rock, Manuelito Wheeler, Assist. Director of the Native American Cultural Center at Yale University, Diana Onco-Ingyadet, Ph.D, and President Jonathan Nez. To watch click HERE . This first annual event generated 2,500 clicks and 327 viewers on Facebook. Unfortunately, the event was not live-streamed due to unforeseen technological issues so we posted the event to YouTube following the recording.

3. Training – The Navajo Nation Washington Office is engaged in a program to become more effective and efficient and to further punctuate our role as a significant asset to the Navajo Nation through a process of evaluating and prioritizing issues and streamlining processes so that we can continually provide high-quality advocacy that can be measured. We engaged Villanova University’s Executive MBA program and are a client of theirs to receive consultation services from a team to help us better understand a complex problem or opportunity we face. We’ve been working with Villanova since late September, but findings from interviews and evaluations were just presented in December. We are now in

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the phase of attempting to implement recommendations. We expect Villanova to continue to work with us into early Spring, 2021. 4. Election and Transition Support – NNWO monitored the election extensively, particularly in House and Senate races and immediately reached out to all candidates thanking those who lost their bid for re-election and welcoming those who prevailed. NNWO also engaged in a process to develop a document for the Biden/Harris Transition Team citing Navajo Nation priorities. 5. COVID-19 Support – The NNWO continues to monitor funding and policy issues as they pertain to the COVID-19 pandemic. Most significantly is the Omnibus package— Consolidated Appropriations Act of 2020. In addition to benefits available for all eligible Americans are several bills that impact Indian Country. Periodic briefings and materials have been shared and dispatched to Navajo leadership and other critical stakeholders. 6. Navajo Utah Water Rights Settlement - With the guidance and support of NNDOJ’s Stanley Pollack and outside counsel (BFHS), we were able to work with Navajo and Congressional leadership to secure the passage of NUWRSA. This historic milestone and achievement could not have been possible without the determination and commitment of our entire team.

CHALLENGES

1. Finance and Budget Support – The Navajo Nation has been practically crippled in its efforts to remain operational at a critical time when our ability to engage in the mission of advocating for the Navajo people is especially significant. The departure of our Administrative Assistant who was serving as our Administrative Services Officer in September left us with a gap to fill as not only were we not at a training level that rendered us fully capable and fully certified, but the state of accounts was also a precarious state. We have repeatedly requested assistance from Window Rock, but it has been insufficient. To augment that, the Office of the Controller has denied us a PCard based on actions of the previous card holder that stemmed from an auto pay that we were not aware of. Our rent is in arrears and we continually fear the cessation of our Internet, phones, Webex, and CQ, the tools we use to track legislation. We are encouraged as we have hired an ASO, but we expect to need support from Window Rock while she is trained and certified. 2. Staffing - The Navajo Nation Washington is not adequately staffed and wishes to fill three vacant positions: Two Government & Legislative Affairs Associates and an Administrative Assistant. We’d eventually like to add an additional Government & Legislative Affairs Associate. These positions are critical to achieving program metrics and producing program deliverables in a timely manner. With minimal staffing, the Navajo Nation Washington Office

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has not been able to maintain adequate communication with the Nation, achieve Program metrics, and cover topic areas sufficiently. We have prioritized filling G & L vacancies, and we are particularly interested in Navajo candidates with legislative experience. We’ve begun to reflect on a time when the educational requirements of G & L staff at NNWO allowed for other disciplines as well as law. Staff members had backgrounds in education, health care, social sciences. Somehow that changed to only allow law degrees. We made a small change in the standard JVA we’ve used for the hiring of all of our G &Ls to allow for other degrees as long as candidates have the same legislative experience, we require of candidates with a law degree—the breadth of the change is “and/or,” yet we are told now it has to back for reclassification—a time consuming and unnecessary process. We continue to seek support and assistance from the Department of Personnel Management. 2. Procurement - It is strongly recommended that the Nation review its procurement policies and processes. The Nation's procurement processes are incredibly slow which results in having to plead our case with vendors (e.g. request more time to pay bills, correction/edits of invoices, etc.), obtain unnecessary, additional quotes, and draft unnecessary, duplicative memos to justify costs. Such processes are time consuming and results in decreased productivity in our work. 3. Salaries (Staff/Knowledge Retention) - The Navajo Nation Washington Office continues to fail to retain qualified professionals due to the lack of competitive salaries for the Washington, D.C. locality. NNWO advocates for a proper assessment and adjustment of wages to retain and discourage the loss of staff and knowledge.

Project # 1: : Navajo Economic Stimulus Team (NEST) - A newly created executive branch workgroup focused on developing and disseminating resources focused on economic development, resource pooling, and other endeavors to help spur economic growth on the Navajo Nation. Project # 2: Hayoolkaal Workgroup / Navajo Economic Stimulus Team / Economic Recovery Workgroup – Participate in meetings as scheduled. Provide recommendations when needed to advance opportunities or ideas for the benefit of the Navajo people.

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Navajo-Hopi Land Commission Office

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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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.

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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 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,

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4) six Hoop Houses have been built to distribute food to families in need across the 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.

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1. Bisti Solar Project: Ø Land withdrawal application approved by Navajo Land Department, 662 acres within Huerfano Chapter.

2. Technical Amendments: Ø Final version to be approved by Navajo Leadership in order for Mr. Greg Smith to initiate drafting the bill for Congressional action.

3. HPL Solar Project: Ø Solar installed at 31 homes on HPL and 2 pending.

4. De-selection and Re-selection of Lands: Ø Received Legal Descriptions from Bureau of Land Management (BLM) Ø Working closely with Navajo Land Department. Ø Farmington BLM Office referred the appraisal of de-selected land to New Mexico State BLM office in Santa Fe, NM. Ø Navajo Nation needs to identify land potential for re-selection.

5. Tuba City Navajo-Hopi Land Commission Office Ø Renovation Completed. Ø Telephone lines installed including Internet capacity. Ø Need to refurnish the office. Ø Computers and other equipment purchase in progress.

CHALLENGES

1. FMIS 6B Rollout: • Four (4) staff completed and received certificates • One (1) staff still needs to complete

2. FY2021 Budget: • NHLCO submitted Unmet Needs Budget and seeking support for funding.

3. Dine Policy: • Need support from NHLC and OOC to approved the policies and identified and establish accounts respectively. • Schedule meeting with Office of the Controller (OOC), Mr. Robert Willie

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4. Bisti Solar: • Timely processing of required documents for Land withdrawal and Contract.

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

Project #1: Shonto Hotel Project: 100% Construction Documents AIA Contract underway for Construction Ground breaking ceremony should be this spring.

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.

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Office of Hearing and Appeals

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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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.

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Office of Management and Budget

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

179

MAJOR ACCOMPLISHMENTS

1. OMB coordinated the annual FY 21 budget process which led to a Continuing Resolution of 25% of the FY 20 budget for one quarter. The allocations were figured and loaded into the FMIS for use. This caused many budget transfers to be done to cover differences in object codes and personnel amounts.

2. OMB coordinated the final budget for FY 21 which was passed on November 6, 2020, and enacted with a number of line-item vetoes by President Nez on December 10, 2020. The FY 21 budgets were reconciled with the Continuing Resolution budget and were uploaded into FMIS during the period of December 21 through January 8, 2021. The budget is now in use.

3. The line-item veto amount is $10,751,085 including General Funds and Personnel Lapse funds. The General Fund amount of $1,514,536 is in the Legislative Branch and $9,236,549 is the Personnel Lapse. The Personnel Lapse will revert to the UUFB.

4. Contracts and Grants Section (CGS) has setup business units for US Treasury CARES Act in the amount of $714 million and continued to meet weekly on approved allocations with Office of the Speaker. Five (5) Business Units need to be de-obligated and reallocated to Hardship Assistance Account, K201520. CGS is waiting for OOC to de-obligate Open Commitments.

5. The Nation also received additional awards from funding agencies for COVIC-19 and CARES Act to prevent, protect, and respond to Covid-19.

6. Calendar Year 2021 Navajo Area Indian Health Service contracts have been awarded. The Successor Annual Funding Agreement (SAFA) were completed during the first quarter and the awards were in place before January 1, 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

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the Nation's IDC rate proposal for IDC rate for FY 2021, 22, 23 and 24. The first deliverable on FY 21 IDC rate should be available by March, 2021.

9. The Procedure on Budgeting and Administration of Externally Restricted Funds (ERG) which is Appendix L of the FY 2021 BIM. Mr. Mel Rodis, DOJ Attorney, is very involved in finalizing the 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. Via Legislation # 0224-20, the Council deliberated the FY 21 NN Comprehensive Budget of $1,253,589,642, of that $849,258,598 or 67.7% is external grants. However, a continuing resolution CS-77-20 was enacted to allow the NN government to operate to Dec. 31, 2020.

CHALLENGES

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

2. The FY 21 budget development was done over a short period of time starting in July, 2020. OMB Budget Section employees worked evenings, weekends and from off site to help the Council, oversight committees, Branch Chiefs and Navajo Nation 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 during this time.

3. 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. Most of the expenditures were not done in time so funds were slated to go to the Hardship Assistance funds. Better planning and coordination among the Branches would have helped to fully utilize funding.

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4. USDOJ Grants. 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 USDOJ 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. The Budget and Finance Committee have called meetings with OPVP, Judicial Branch, NN Office of the Controller and Navajo Department of Corrections to explain why Judicial Branch cannot draw down monies. The only contract that is able to draw down monies is the Prosecutor’s Office from US DOJ prior to FY 2016.

5. P.L. 93-638 Indian Health Service Contract – The Nation owing Contract Support Cost (CSC) Funds. The Nation was informed by IHS regarding over payment of CGS funds in the amount of $1,714,857. The Nation responded with a letter, June 13, 2019, in which the Nation needs additional time to research. Contracts and Grants Section of 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.

6. P.L. 93-638 Bureau of Indian Affairs. During the first quarter the Nation submitted six of the 18 contracts, the FY 2021 contracts included budget proposals and Annual Funding Agreements. The six are Tribal Enrollment, Higher Education, Water Development, Safety of Dams, Housing Improvement, and Environmental Archaeological Non-Roads. At end of quarter seven contracts out of 18 have been awarded.

7. BIA awarded completed Mod. 19 to transfer $1.6 million from Juvenile Detention Services to Adult Detention Services. Due to transfer between contracts, the modification of award required legislation action. The resolution was signed on August 20, 2020; however, BIA is questioning why $1.6 million was included in Juvenile Detention Services while there was a permanent transfer. CGS is waiting for guidance from DOJ.

8. Navajo Area IHS contracted programs will begin their Close-out due to HEHSC directing Programs to reduce business units and zero out contracts. CGS will ensure Programs comply with FY 2014 BIPM, Appendix R, Section V.I. 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 amount using OOC’s established guidelines.

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PROJECT #1: 164(B) Document Review Process. To date, the Executive Orders issued by the former President Shelly in 2013 and amended in 2018 is still in place. Several meetings between all three branches have taken place since 2018 but still no formal procedures have been development and the Executive Orders are continuing to be subject to each branch’s procedural interpretations. Until now, January, 2021, the issue is back on the agenda, with that, Office of Legislative Counsel, Navajo DOJ, OPVP and OMB are revisiting the 2 NNC 164(B) Review procedures and recommendations will be made, decided and maybe implementation of a clearer and understandable procedure in FY 21.

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Office of Miss Navajo Nation

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

184

MAJOR ACCOMPLISHMENTS

1. Program Improvement: Reintroduced Legislation 0220-21, OMNN Plan of Operations before the NABI committee on December 17, 2020. Although, the Legislation was not approved, and it still active and not an invalid (dead) Legislation. It was referred to HEHSC committee to reassess and refine the Plan of Operation by organizing a work session with HEHSC committee on January 18, 2020.

2. Program Improvement: While compiling and preparing the Miss Navajo Nation Pageant Files for Archiving. I've discovered a number of discrepencies in the prior management and/or organizing the Annual Miss Navajo Nation Pageant events, committees, and OMNN staff. Change the OMNN's staff employment positions classified as Sensitive Positions, which will require a background check of OMNN staff due to handling of Candidates' sensitive information. The Pageant Committee members, Pageant Judges, and Volunteers will not be allowed to handled or review the Miss Navajo Nation Candidates' applications.

3. Funding and Program Improvement: On October 1, 2020 Navajo Nation Telecommunications and Utilities has officially assumed the financial responsibility for all future incurred utility billing of Miss Navajo Nation apartment.

CHALLENGES

1. Challenge: The 24th Navajo Nation Council did not approve the Legislation 0220-21, OMNN's Proposed Plan of Operation. However, Legislation is still active with HEHSC and work session scheduled for January 18, 2020.

2. Minor setback on wireless access installation for Miss Navajo Nation. Department of Information Technology (DIT) has not completed the wireless access point to point installation due DIT's Switch Deployment priority project.

OUTREACH AND COMMUNICATION

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Office of Navajo Public Defender

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

188

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.

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.

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Office of the Navajo Tax Commission

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

191

MAJOR ACCOMPLISHMENTS

1. Healthy Dine Nation Act of 2014 (Unhealthy Food Tax) amendment was approved by the Navajo Nation Council extending beyond December 2020 and amending the language for better tax administration.

2. ONTC Compliance Department review of the Fuel Excise Tax (FET) applications for Retailers, Carriers, Distributors and Refiners for issuance of License for Calendar Year 2021.

3. ONTC staff as Essential Employees continued to provide services in collecting tax revenues, providing guidance to taxpayers and review of quarterly filings etc. during the Executive Order.

CHALLENGES

1. Annually during the Navajo Nation budget process, ONTC is always not provided sufficient allocation to perform all the necessary functions in administering the nine (9) taxes approved by the NNC. FY 2021 was no exception especially with the Line-item veto of funds allocated from the Personnel Lapse fund.

2. ONTC processed a Purchase Requisition (PR) in FY 2020 for a file server to support our Tax Database project, the PR did not get approved at Property Department and now ONTC has loss that funding with it lapsing at Fiscal Year End 2020. With the FY 2021 Line Item Veto of Personnel Lapse Fund, ONTC has no funds to make the purchase in FY 2021.

3. ONTC responsibility in administering the nine (9) Navajo Nation Taxes is required to perform audits on selected taxpayers. Audits require ONTC staff to travel to the taxpayer's headquarters or main office generally off or away from the Navajo Nation (off reservation). ONTC audit staff has not performed any new audits during this pandemic, since March 2020. There are statute of limitations on the time periods for audits and not performing this audit function with taxpayers the statute of limitation will run and the NN possibly be loosing out on taxes due.

4. ONTC currently has no operating funds for supplies, travel.

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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 and no other meeting has taken place since that time.

Project #2: Executive Director assigned to the Economic Recovery Workgroup created in August 2020. This workgroup has been meeting weekly by WebEx since September to December 2020 with Vice President Lizer and others assigned to this team.

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Office of the Controller

WINTER COUNCIL SESSION 2021

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

194

MAJOR ACCOMPLISHMENTS

1. The Office of the Controller successfully maneuvered and ensured the $714 million CARES expenditures followed all Federal and Navajo Laws in a short amount of time.

2. OOC was able to procure on-site testing for employees for 3 weeks, install a backup generator for Admin. Building 1, purchase a new check printer, and Plexi-glass installment.

3. OOC, in collaboration with DIT, NNTU and Verizon, have successfully obtained new laptops and Wi-Fi hotspots for essential employees telecommuting. Through telecommunicating, we are able to curb the 25% capacity shortfall and minimize exposure to COVID-19.

4. OOC continues to improve on online services by providing FMIS modules/tutorials training and certification, online payment options for loan services conducted through credit services, and creating a CARES expenditure report dashboard and Public Announcements on our website.

5. Successfully closed out and began audit work for FY 2020.

6. OOC, in collaboration with DPM, provided Special Duty and Hazard Duty Pay Procedures to all timekeepers.

CHALLENGES

1. During Fiscal Year End closing, there were numerous documents that were being submitted after the deadline date had passed. 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 Regs. 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. 195

2. OOC is an essential operation operating at 25% capacity during the shutdown. It’s a daily challenge ensuring proper protective measures are met. On top of our regular duties, we are tasked with $714 million in CARES compliance and reporting to the US Treasury in a short period of time.

3. It has been challenging educating departments and programs on CARES paperwork, allowable expenditures, and applicable procedures. In many instances, those that receive training and/or recommendations continue to not follow policies and procedures.

4. Reconciling the FY 2020 end with the continuing resolution and starting the FY 21 budget mid-December has created confusion across all programs.

5. Maintaining a healthy family and work life is becoming increasingly difficult to balance. As a result of the Pandemic our office has more meetings/teleconference calls than ever. At times, there are 2-3 meetings going on at once and we are queued to report.

OUTREACH AND COMMUNICATION

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