NAVAJO NATION OFFICE OF THE PRESIDENT AND VICE PRESIDENT

FALL COUNCIL SESSION 2020

TABLE OF CONTENTS PAGE NO.

I. Department of Diné Education 2 II. Department of Human Resources 27 III. Diné Uranium Remediation Advisory Commission 32 IV. Division of Community Development 35 V. Division of Economic Development 43 VI. Division of General Services 54 VII. Division of Public Safety 62 VIII. Navajo Department of Health 72 IX. Navajo Division of Social Services 81 X. Navajo Division of Transportation 92 XI. Navajo Gaming Regulatory Office 98 XII. Navajo Nation Department of Justice 101 XIII. Navajo Nation Division of Natural Resources 107 XIV. Navajo Nation Environmental Protection Agency 137 XV. Navajo Nation Telecommunications Regulatory Commission 140 XVI. Navajo Nation Veterans Administration 142 XVII. Navajo Nation Washington Office 144 XVIII. Navajo-Hopi Land Commission Office 150 XIX. Office of Hearing and Appeals 155 XX. Office of Management and Budget 157 XXI. Office of Miss Navajo Nation 159 XXII. Office of Navajo Public Defender 165 XXIII. Office of Navajo Tax Commission 168 XXIV. Office of The Controller 171 1

Department of Diné Education

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. Twenty-Four (24) school reporting plans were reviewed and returned to the school leaders with comments on September 16, 2020. The schools have been instructed to continue to work with their local groups to develop their phased reopening plans.

2. Letter to Governors and State Superintendents of Public Information were composed, vetted by Department of Justice and forwarded to Office of President & Vice President for endorsement by President Jonathan Nez and distribution to the respective states. These letters assert the stance of Navajo Nation for online learning options to Navajo families as it is the safest mode of instruction based on the local Navajo Health data.

3. Bureau of Indian Education (BIE) - Operated schools began their instruction via virtual/online format on September 16, 2020. A mutual understanding for online learning for the first "quarter'1 of instruction was reached between Office of the President and Vice President and BIE Senior Officials.

4. DODE continues to schedule meetings with various leaders by types of schools on Navajo Nation. This is a platform for leaders to provide updates on the progress of their online learning and recommendations to address the challenges that they may be experiencing. Attendance is an identified concern from all schools and the need to be responsive to the instructional needs of students with disabilities for services that cannot be met via virtual/online service.

CHALLENGES

1. The NNBOE has been discussing the Navajo Nation School Reopening for Fall with DODE Programs, OPVP, and HEHSC.

2. Continue the hiring of a permanent Superintendent of Schools for Department of Dine Education.

OUTREACH AND COMMUNICATION

1. The NNBOE is closely working the Department of Dine Education's Program Managers regarding precautionary measures to protect employee from the COVID-19.

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

The ONNSFA staff continues to review applications and issue award or denial notices. Thus far, a total of 3,542 students have been awarded with a total of $9,427,938.00; Northern Arizona 3

University, Arizona State University and the University of Arizona extended the deadline for Navajo students to pay their bills until Oct.15. Our office is making every effort to meet the timeline.

1. Family is very important and our employees need to be supported with policies that are supportive. ONNSFA submitted a position statement to the HEHSC seeking their support not to repeal the donation of leave hours when employees are in dire need. Department of Personnel Management (DPM) would not enforce the policies, because they were trying to get HEH SC to repeal it. Therefore, ONNSFA sent a memorandum to HEHSC to direct DPM to enforce the policies and that DPM needs to fix the leave accrual system to eliminate such problems where administrative support staff do not earn enough leave and higher positions have too much leave hours.

2. 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.

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.

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 4

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.

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Office of Navajo Nation Library

1. The Library staff members returned to work after the Navajo Nation government was shut down in March 2020. The program received approval to implement a limited library curbside service.

2. Airshow Mastering, the company contracted to digitize the ONRO Oral History Collection was informed that library staff are not able to travel to pick up the remaining reel-to-reel tapes. Airshow Mastering will transport the tapes back to Window Rock, Arizona.

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 FY2018 since NN DPM did not approve our PCQ for the position. We are in the 2nd 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

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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 take 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. Mr. Nelson, Program Supervisor is planning on retiring during the first quarter in FY2021 after provided 43 years of services to the Navajo Nation.

4. 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.

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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. JOM Program cancelled 2020 JOM Regional Meeting, JOM Conference and IEC Workshop due to the coronavirus pandemic. The Program staff attended a virtual "Sexual Harassment" training with Mr. Troy Cook, SDTD, on August 11, 2020; and "Understanding ZOOM meeting" with Shayla Yellowhair, DODE Advance, on August 26, 2020.

2. JOM Program met with Page Indian Education Committee through virtual ZOOM meeting. The staff joined Page Unified School I EC meeting on August 19, 2020 at 6:00pm to 8:00pm. The Page IEC asked for technical assistance to update the new superintendent on IEC duties.

3. JOM negotiated the One-Time Funding proposal with the following school districts: San Juan School on 8/12/20; Flagstaff USO on 8/20/20; Snowflake on 8/25/20; Holbrook 8/28/20; Central Consolidated School 8/31/20. Indian Education Committee member participated in the negotiation meetings. Page USD and Navajo Preparatory are pending.

CHALLENGES

1. Provide technical assistance on duties of IEC, and provide a mechanism which allows Indian parents and public-school administrators to work together to establish educational programs.

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2. Requesting changes in the proposal and receiving it back to the office on timely manner.

3. Incomplete or missing documents.

4. The COVID19 pandemic affected the Navajo Nation budget system causing the processing of the JOM invoices, budget and contracts to be placed on hold and being processed slowly. Since the reopening of the Nation government, the JOM staff worked diligently and attentively on processing the documents that were on hold.

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.

The agency is working with the Alternative Work Schedule for the Crownpoint and Huerfano Center. Construction of the Crownpoint Youth Complex has started on August 10, 2020. Since the re-initiation of the construction work of the youth complex, all involved individuals have had one face to face meeting and the remaining have been done through Zoom.

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 Dine 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 9

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/1 Ok and walk activity for the youth member and families for Labor Day activities. Each participant will submit a registration and log sheet for completion.

Completed a curbside enrollment drive to enroll youth ages 6-18 years old to participate in the agency virtual programming activities. Completed 15 youth enrollments with all documentations ready to begin virtual activities. Distributed 40 application packets, of which 7 applications are pending. Direct service staff encouraged youth members and parents with contacts through video chat and face timing, sent information to stay connected by being their support, pen pal, being able to provide phone conversations, and teaching them about the value of traditional food and planting, health and wellness, homework help, and other activities. Written letters to the youth members and parents enclosed with an activity book, coloring pages, samples of crafts to make, and other handouts. Also emailed other materials to the parents to have the children do at home. Changes happened due to the pandemic. Prevention education were provided to youth members and parents to encourage them to stay home and stay safe during the pandemic. Flyers were email, mailed, and posted that were shared by the CDC, such as guidelines to wash hands, wear mask, and social distance. In collaboration with Dine Coalition, discuss with youth and parents the importance of staying home in Dine culture and language, and emphasizing the importance of hand washing and wearing Personal Protective Equipment.

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.

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Delivery of shoes and toys to the customers of the Department for Self-Reliance in preparations for back to school, and school supplies and newsletter distribution.

4. Ft. Defiance - During the closure in this quarter, the Programs Projects Specialist has been providing youth services through email with registered members of the After School/Summer Program. The Prevention Specialist has been providing youth services through email with registered members of the Girls Scout. The Recreation Specialist has been providing youth services through email with registered members of the After School/Summer Teen Social Recreation Program and Skate Park Program. The Direct Service staff have been working from home and providing the Program Supervisor and Program Project Specialist with prevention materials on COVID-19 and youth development activity sheets on character counts, recreation, family activities, educational work sheets, arts & crafts, literacy, prevention topics and Dine Language & Culture. Once these sheets are complied, PPS, Prevention Specialist and Recreation Specialist email materials to parents for the students. Upon Re-opening, the agency addressed and re- instating Youth Services: "Virtual After School Program" Recruitment & Enrollment; "Virtual Dine Youth University- Traditional & Cultural Presentation, co-host with Navajo Nation DBMHS, via Facebook Live; "Care Kits" Activity- drop off kits with Wide Ruins Community School and "Grab & Go Activity Bag, via curbside services/event. In addition, provided two (2) DODE "Parent Survey" to all our parents, who had the child/children enrolled into our Youth Programs and provided the survey to all the schools our office serves under the Fort Defiance Agency, a total of 34 school. In the midst of the COVID 19 and Navajo Nation Executive Orders of Closure of Navajo Nation Government Offices and Related Entities, Program Supervisor and identified essential staff do report to work for a couple hours on selected days to address administrative matter and on occasion, work at home and tele-communication with key supervisors. In addition, Building Maintenance Worker report to work on Monday, Wednesday and Friday for a couple of hours to conduct building, compound and ground check, conduct building/facility inspections and monitor important gauges and check security and fire system. 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 Dine Education and Office of Dine Y.O.U.T.H. All information is forward to agency staff via email and through teleconference calls.

CHALLENGES

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1. Chinle - With the shutdown of the Navajo Nation government per an executive order from March 16, 2020 to August 14, 2020 due to the Covid-19 Pandemic, halted the agency ODY and Boys & Girls Club of Dine YOUTH in Many Farms, Arizona, deterred programming and services throughout the fourth quarter of FY2020. The most challenging aspect of attaining program deliverables currently, is 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 - Need to obtain up-to-date computers for staff to utilize at office and working remotely. Office of Dine Y.O.U.T.H. is providing "Virtual Youth Services", so staff 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 The impact of the Corona Virus (Covid-19): Per Navajo Nation Executive Order No. 001-20: Fort Defiance ODY closed facilities and complex and cancellation of youth programming and services onsite and offsite (outreach), from March 16, 2020 through April 3, 2020. Per Navajo Nation Executive Order No. 002-20, No. 003-20, No. 004-20 and No. 005-20: Fort Defiance ODY REMAINED CLOSED - closure of facilities and complex and cancellation of youth programming and services onsite and offsite (outreach), from April 4, 2020 through July 5, 2020. In addition, cancellation of community events and activities. The importance of closure and cancellation was to avoid the social gathering and the transmission of the virus. Due to the closure and cancellation of services has impeded tremendously on agency office and program. However, agency office has transitioned to providing youth services to registered youth members via email with parents. Agency office has been providing prevention materials on Covid-19 and youth development activity and sheets via email to parent. Staff are praying and being optimistic that this virus will soon cease and we may return to work and begin services to our Navajo youth and community.

3. Curbside services due to no customers entering the youth facility per the re-opening guidelines. Parents are hesitant to enroll their children due to challenges of having their children already participating in the online schooling. They think it might be too much to participate in Dine Youth virtual learning.

4. Upon return from the Navajo Nation closure, the ODY is in no contact operations with virtual activities and programming with area schools and communities, the major challenge will be the lack of adequate remote internet services for the youth of Western Navajo Agency. The major challenge agency continues to be the lack of facilities and lack of an

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official land withdrawn to seek funding and begin the process of construction. Prior to the pandemic the agency was working with the To nanees dizi Local Government on a Land Withdrawal protocol where land was identified, located near the Senior Citizen facility and Veteran's Office. An initial process was started with the official withdrawal but a follow up will need to take place. Since March 2020, the Navajo Nation Fleet Management has not identified two (2) tribal vehicles for the Tuba City Dine Y.O.U.T.H. as an assignment vehicle to the office.

OUTREACH AND COMMUNICATION

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Office of Dine School Improvement (ODSI)

MAJOR ACCOMPLISHMENTS

1. ODSI completed the NN responses to the federal peer review comments on DSAP.

2. ODSI complete the initial program review of the DSAP Technical Review Manual

3. ODSI staff work have completed telework with their assigned schools.

4. ODSI completed work with USDOE, USDOI, OPVP, HEHSC, and the NNBOE on DSAP.

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5. ODSI completed a work session with the Navajo Nation Board of Education on Navajo Education.

CHALLENGES

1. The pandemic has created barriers to working directly with schools.

2. Our tribal leaders need to address the governance issues related to Dine Education and DSAP.

3. Telework with schools has serious limitations.

4. NNBOE members require training on governance.

5. Navajo Nation School Re-openings is a tremendous challenge for all schools.

Office of Dine School Improvement

MAJOR ACCOMPLISHMENTS

1. Completed School Improvement Plans with Tribally Controlled Schools.

2. Completed Work with State Departments of Education and BIE on School Reopening.

3. Completed responses to federal peer review comments on Dine School Accountability Plan.

4. Working with State and BIE schools on reopening.

5. Working with teachers for TCC on professional development.

CHALLENGES

1. Major challenge is the unpredictability of COVID-19 on Schools.

2. Unclear tribal jurisdiction with state public schools.

3. Federal and State laws regarding funding and school expectations.

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Navajo Head Start

MAJOR ACCOMPLISHMENTS

1. Navajo Nation-wide distribution of educational packets to NHS children.

2. Secured additional funding from alternate sources for NHS program operations (QI, COLA, COVID-19, CARES Act).

3. New buses to replace old school buses.

4. NHS-wide trainings virtually to ensure mandates and required trainings.

5. Secured $4,300,000.00 from the Navajo Nation CARES Act funding to assist the program in upgrades for centers and staff as well as response needs related to COVID-19.

6. Secured $1,186,390.00 from the Office of Head Start One-Time Supplemental COVID-19 funding for COVID-19 related expenses.

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

8. Secured a grant with Navajo Technical University to increase the number of NHS staff and parents with Early Childhood degrees.

9. Program awarded Quality Improvement and Cost of Using Adjustment funds from the Office of Head Start.

CHALLENGES

1. Impact of COVID-19 pandemic on Center-Based and Home-Based services for Head Start and Early Head Start. 20

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.

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

AdvancED Navajo Nation

1. From April to June, our office staff have worked with and contacted 40 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, and the last pending engagement reviews for the school year 2019-2020.

2. Office staff has worked with 17 schools. 1:1 with schools who hosted their Accreditation Engagement Review, Readiness Review, and Monitoring Reviews during the months of April- June. Schools that are preparing for their Engagement Review have been trained on 21

the tools that will be used to evaluate their progress; and the official Cognia Training, "Preparing for your Engagement Review" training.

3. This quarter we have not recruited as many team members or lead evaluators. We are working internally to train lead evaluators on hosting Engagement Reviews in a virtual format.

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. 5. Due to the current stay at home order, all Cognia/AdvancED staff members have been attending all meetings, PD, support calls and other development over zoom meetings, Microsoft team meetings.

Office of Special Education & Rehabilitation Services

1. The OSERS program has provided access to home visiting services throughout the Navajo Nation. The program has actively enrolled 232 families with children birth to five years of age and conducted 90 developmental screenings to children to monitor healthy child development. The OSERS Home Visitation Program continues to provide limited amount of services and supports to parents and their children since the Pandemic started. Two Home Visitors have returned to the Office full-time and one telecommutes and works from the office since August 17, 2020. All three Home Visitors have been reporting to work through an electronic sign-in using the Microsoft Teams App. All home visitors also us the App to complete the Navajo Nation Covid-19 Daily Health Check List. Contact and connection with families continue through virtual visits (Zoom, Teams, GoToMeeting, Google Meet, and FB Messenger Video Call) and teleconferencing by phone or virtual Apps. Families who do not have access to the internet or have limited data, the Home Visitors review the information via telephone. Since OSERS is utilizing the Teams platform, Home Visitors are also able to add families for Virtual visits by adding the family's email address. Home Visitors have also started dropping off packets for families 22

in addition to emailing. Home Visitors also continue to provide resources to families to obtain supplies such as food boxes, care packages, PPEs and books are also provided to families. Lastly, Home Visitors have continued to participate in webinars provided by Parents as Teachers, Tribal Home Visiting, and other organizations who provide webinars on topics such as Home Visiting, Self-care, Virtual Visits. 2. NM Early Intervention program continued to provide services via phone and video conference to families in San Juan and McKinley County, and parts of Cibola and Sandoval counties. Early Intervention staff-maintained communication with families and partners throughout the executive administration leave and provided emotional support, while assisting families to access resources and enable direct home deliveries of food and essential items such as diapers through established partnerships with local coalitions. NM Early Intervention program received 37 referrals and determined presumptive eligibility on 37 incoming referrals. Twenty-one transitions from part C early intervention program to to local school districts with part B programs were completed in a timely manner. All NM early intervention staff returned to the work place at the end of administrative leave.

3. AzGIB: Growing in Beauty Program 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. Navajo Nation has returned to work on August 17th, 2020. For OSERS staff we have been doing a lot of teleconference and ZOOM meetings with families throughout the administrative leave. Our Growing in Beauty Billing (GIB) log will be revised to reflect some of the changes made to the Arizona Early Intervention Program Billing. GIB will also be adding a separate billing for the team meeting that we have on a weekly basis.

4. Vocational Rehabilitation and Independent Living Programs: Staff from both programs continued to work from home before returning to work on August 17, 2020, on a rotational or full day office schedule. During the time they were on administrative leave, staff were required to participate in online professional development opportunities to enhance their job skills and knowledge in the many different service aspects of vocational rehabilitation and independent living. Since the Navajo Nation closure went into effect on March 16, 2020, VR staff continued contact with VR consumers they could reach to provide counseling and guidance support where needed and to keep the lines communication open with employers, colleges, job corps, and agency partners to ensure services would continue once closure was lifted.

5. Navajo Project I-LAUNCH has been striving ahead to meet the requirements of the project's implementation plan. While telecommuting from home the Navajo Project I- LAUNCH team have been working with our coalitions to develop COVID-19 resources for basic needs, mental health and activities that will actress Social Emotional learning. On August 17, 2020 the telecommuting order implemented by the President was changed to "Level Orange". This begun the back to work at 25% capacity and a staggered schedule has been in place. Navajo Project I-LAUNCH is currently working with the First Things 23

First Navajo Nation Region will convene the 2020 Dine Early Childhood Summit virtually due to the ongoing COVID-19 pandemic. This year, the summit will focus on practices that address early Dine cultural teachings, early childhood development and the prevention of inter-generational transmission of Adverse Childhood Experiences (ACEs). As a part of our new group called the Navajo Nation Early Childhood Council, we will be addressing family’s needs for food, clothing, PPE, baby formula, baby food, hygiene, learning activities and resources that address back to school requirements. Navajo Project I- LAUNCH has also collaborated with Navajo Head Start to implement Staff Development Sessions which will cover an overview of Navajo Project 1-LAUNCH's goals for systems change and introductions into earl child infant mental health. These sessions will be administered virtually and will be available to all Navajo Head Start Staff. The first session will take place on October 2, 2020.

CHALLENGES

1. The challenges for this quarter include the overall internet connections with families to have an successful home visit. Most of the home visitors have been telecommuting from their home since March 2020 and since then most have return to work on August 17. Most of the parent educators now have availability to have access to their families files and enter data into the system at their worksite.

2. 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 families 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.

3. NM GIB El - Due to pandemic and online schooling, many parents are declining services, citing they are not ready to move on with a referral, or they are focusing on assisting their school age children with online classes and have limited time to focus on referral for youngest child. Providing online parent training is a challenge and virtual child find is now in the works, and may be set for October 2020.

4. Vocational Rehabilitation and Independent Living Programs: The Navajo Nation government returned to work under guidelines outlined in the Navajo Nation Re-Opening Plan to mitigate the spread of COVID-19. For our VR and IL programs situated in seven (7) locations, the challenges encountered since the onset of pandemic include: a) staff having to work rotational schedules to comply with CDC guidelines of social (physical) distancing and re-configuration of work areas; b) special accommodations for vulnerable staff; c) supporting consumers having a difficult time coping with anxiety and as a result are not wanting to return to school/training/employment; d) no cell service or internet connection; e) no reliable transportation to access internet hotspots for classes; f) school 24

and government closures greatly impacted the receipt of new referrals for the period March 16, 2020 to end of August 2020; g) VR consumers who were in employment status could no longer work due to business closures; h) contractors not able to construct ramps and complete bathroom modifications for IL consumers due to closure.

5. Navajo Project I-LAUNCH has had several challenges with regard to staffing and has been adapting to the virtual teaching community. Several meetings have taken place with Navajo Head Start to set up our virtual staff development sessions, but due to personnel changes in the program there has been some delay. Irregular schedules have also been a challenge, but Navajo Project I-LAUNCH continues to keep moving forward with project goals.

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Division of Human Resources

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. During the COVID-19 pandemic, the Division of Human Resources continued its ongoing commitment to community engagement within the Navajo Nation. Through ongoing teleconferences with leadership and other entities, DHR has remained proactive in providing exceptional customer service, cultural sensitivity, professional development, and employment opportunities on bahalf of the Navajo Nation. For instance, Dr. Fowler continues to advocate for the safety of our Navajo people through the OPVP Town Hall Meetings on an ongoing basis.

2. All Division of Human Resources departments/programs have been deemed "Essential" with limited services since June 4, 2020. Moreover, the DHR Administration office has provided support to fellow departments within the Navajo Nation government while advocating for a safe and healthy working environment. In doing so, DHR has provided PPE (Personal Protective Equipment) to each of our 12 departments in preparation and in support of the Reopening of the Navajo Nation.

3. Since the Reopening, Navajo Occupational Safety & Health Administration (NOSHA) continues to implement Navajo Nation-wide walk-throughs of offices and buildings so as to ensure the proper use of PPE and social distancing (office configurations).

4. All Division of Human Resources personnel (180 total) received a Return to Work Care Package from the administration office containing safety promo items, PPE, and other health-oriented items in support of their overall well-being and the Reopening of the Navajo Nation.

5. All DHR departments/programs were deemed essential with limited services on June 4, 2020; and since then, have successfully and safely reopened on August 17, 2020.

6. All DHR personnel (180 total) received a Return to Work Care Package from the administration office containing safety promo items, PPE, and other health-oriented items in support of their overall wellbeing and the Reopening of the Navajo Nation.

7. Revised, updated, and distributed the DHR Guide for Navajo Nation Employees outlining COVID- 19 Leave, Flexible Work Schedule, Telecommuting, and Special Duty Pay Procedures, and other updates from the Office of Background Investigations, Navajo OSHA and Navajo Office of Vital Records & ID.

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8. Assisted Navajo OSHA with the development of a Navajo Nation-wide walk-through of offices and buildings so as to ensure the proper use of PPE and social distancing (office reconfigurations).

9. Successfully strategized the Fiscal Year 2020 Year-End Closing for all expenditures within DHR with respect to and in support of the Reopening of the Navajo Nation.

10. Successfully strategized the Fiscal Year 2020 Year-End Closing for all expenditures within DHR with respect to and in support of the Reopening of the Navajo Nation.

11. The DHR Administration office provided temporary assistance to the Department of Personnel Management and the Navajo Office of Vital Records & ID regarding the 6B Procurement Process which allowed departments to obtain necessary PPE, supplies, and equipment.

12. DHR received acknowledgement from leadership regarding the Comprehensive Budget for Fiscal Year 2021 which has allowed for a streamlined process with respect to the limitations of teleconference.

13. In support of cultural language preservation, Dr. Fowler was featured in Leading the Way – The Wisdom of the Navajo People (Volume 18 No. 8 - Language in the Home) in which she shared stories of kinship, inter-generational teachings, and "Valuing Dine' Bizaad".

14. In support of the Reopening of the Navajo Nation, Dr. Fowler provided a Public Service Announcement via KTNN/KWRK/KCAZ to inform our community as to how they can support our Navajo Nation employees and the government throughout the Reopening.

15. Ongoing participation in OPVP Town Hall Meetings regarding the Navajo Nation's response to COVID-19 with support from DHR departments regarding personnel, safety, and retirement.

16. In support of the Reopening of the Navajo Nation, the Department of Personnel Management developed and disseminated the COVID-19, Revised Lay-off, and Family Medical Leave Procedures.

17. Revised, updated, and distributed the DHR Guide for Navajo Nation Employees outlining COVID- 19 Leave, Flexible Work Schedule, Telecommuting, and Special Duty Pay Procedures, and other updates from the Office of Background Investigations, Navajo OSHA, and Navajo Office of Vital Records & ID.

18. The Navajo Nation Band hosted its first Virtual Meeting regarding the upcoming performance of the 1st Annual National Vietnam Veterans Day Parade slated for March 2021. The meeting consisted of pertinent updates to all Band members with discussion regarding preparation, rehearsal, and other relevant topics.

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CHALLENGES

The current situation of COVID-19 on the Navajo Nation continues to limit services within the division; however, with respect to challenges, the Division of Human Resources views such barriers as opportunities for growth and the improvement of precautionary safety measures within all programs.

OUTREACH AND COMMUNICATION

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31

Diné Uranium Remediation

Advisory Commission

FALL COUNCIL SESSION 2020

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

32

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 September 24, 2020. USEPA and the Technical Adviser to the Commission gave reports and 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 technology.

3. USEPA 10-Year Plan. The Commission reviewed the 10-year plan and submitted comments to USEPA.

4. Public Health Emergency. The Executive Order No. 001-20 declaring a state of emergency due to the confirmation of the covid-19 virus in regional areas surrounding the navajo nation, closing the navajo nation government offices, and supporting the closure of all schools and educational facilities on the navajo nation was issued on march 13, 2020. The Executive Orders and Public Health Orders have been issued extending the closure of the government offices. The Uranium Commission staff continued working throughout the shut down and communicated telephonically and online from home, attended Council and other meetings telephonically, project meetings also continue telephonically, and continued working on projects and administrative matters, and helping out with the pandemic matters wherever needed within limitations.

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. 33

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.

34

Division of Community Development

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

35

MAJOR ACCOMPLISHMENTS

1. The Division of Community Development continues in supporting the Health Command Operations Center, by delivering masks, cleaning materials and water. DCD in collaboration with the Division of Economic Development delivered 21,000 masks, 4,500 gallons to the 110 NN Chapters.

2. The Division of Community Development partnered with IHS to form a Water Access Group. The purpose of the Water Access Group is to increase Water Access Points both Temporary and Permanent Transitional Watering Points at or near the 110 Navajo Nation Chapters.

3. The Division of Community Development was allocated under Legislation CJN-47-20 $3,500.000.00 million for Bathroom Additions and improvements. DCD secured an Emergency Contract with NECA to implement and execute the Legislation. In August, NECA deployed on 140 Bathroom Additions in efforts to reduce COVID-19 exposure and mitigate efforts of COVID-19 spread.

4. The Division of Community Development was allocated under Legislation CJY--67-20 $79,412,832.00 million for Powerline Projects, Capacity (Substations) and Solar Projects. The Division of Community entered into a Sub-Recipient agreement with NTUA to provide a total of 1000 Solar Units, 350 Homes, 59 Power Units, 43 Homes, 72 Homes, One Campus, and 12 Homes respectfully.

5. The Division of Community Development was tasked with creating the HCOC COVID- 19 Burial Guidelines. This was not an accomplishment but rather relief efforts in assisting Navajo families during the pandemic.

6. In partnership with CORE Inc., DCD-CHID constructed 8'x12' Isolation shelters for COVID-19 case positive individuals to self-isolate and monitor in.

7. The Division of Community Development assisted the Office of President and Vice- President with food distributions, water and care packages.

8. DCD assignment focused on making arrangements for donated bleach delivery to ASCtr. offices. Donation consisted of one box that holds six jugs of one gallon bleach and the

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ASCtr. SPPS were given responsibility to make arrangements with their regional chapters for delivery. Delivery also included gloves, masks, and hand sanitizers.

9. DCD were given over 300 of the 1-liter plastic bottles and about 40 of the five gallon containers filled with hand sanitizers; staff assisted with filling up each bottle of hand sanitizers and these were divided up among the ASCtr. offices. SPPS were responsible for making arrangements with individual chapters in their regions for delivery.

10. Council Delegate Kee Allan Begay notified DCD regarding a family who was going through hardship along Highway US-191 in west Nazlini chapter service area ; DCD coordinated with DigDeep, a non-profit organization who donated at 275-gallon potable water tank; Nazlini chapter staff delivered potable water for this family who did not have running water and did not have transportation to transport their own water needs.

11. Weston Solutions, a consulting company with offices in Portland, Oregon received some CARES Act funding so that they can build a Story Map tool for public outreach related to the water access team facilitated by IHS; CDC field staff are going around to selected chapters for installations of transitional water points and hand washing stations; this Story Map tool will be launched on the website for the Navajo public to present the water access team efforts; other universities are involved with some of the planning with DCD Navajo public to present the water access team efforts; other universities are involved with some of the planning with DCD.

12. 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 height 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 projects the staff and provides mitigation measures.

CHALLENGES

1. DCD staff could not jump in the vehicle and conduct fieldwork; even if we could, the folks who we coordinate with may not be available because they are also sheltering in place as part of the mitigation measures; when we made phone calls, the call was not answered at the other end and providing technical guidance to local rural addressing committee members as they work on their rural addressing tasks continued to be a huge challenge.

2. Since some of the DCD staff were still reporting to work to support the command center, there was no funding that supported the continuation of centerline development; road and street configuration at the GIS level would have been part of the essential duties of Addressing Authority while the regular operation stopped since March 2020; during the duration of the pandemic, that would have been a window for an outside consultant to assist 37

NNAA with centerline development for future physical addressing across Navajo Nation. $160,000 would have been a good amount for centerline development.

3. NNAA office is charged with providing physical address verification documents to the Navajo public; when an individual is acquiring to renew their identification card or driver license, they would seek a document from NNAA; however, covid-19 have deterred them from coming in to obtain the document; there is information posted on the website the provides instructions on how to acquire the document but not everyone has internet access or tech savvy enough to obtain information about various methods to get assistance; additional funding would be required to provide this support without direct contact with customers.

4. The local rural addressing committee training was being conducted every other month throughout the year; however, this had to be halted due to covid-19; the instructions in the seven-hour LRAC training encouraged participants to go door-to-door for the field data collection process. during the pandemic, it was impossible to carry out this FDC process without violating the public health orders. this has harmed the integrity of the LRAC training instructions to capture addressable structures and its attributes to be used for future physical addressing activities.

5. DCD could take advantage of CARES Act but Navajo Nation has all the red tapes that surround the paperwork and processing the access to funds; it does not help if division of finance staff are operating at 25% capacity and hardly anyone answers the phone; in addition, the council struggle with debating among themselves and other leadership regarding how the CARES Act should be spent, which only prolongs the process; this is a major challenge to the Navajo Nation and the people who need assistance.

A. ADMINISTRATIVE SERVICES CENTER

1. Provided technical assistance and support to all 110 Chapters for the Chapter Return to Operations Plan developed with the Department of Justice, effective August 17, 2020

2. Provided administrative support to all 110 Chapters with teleconferencing and phone meetings in response to COVID-19 Emergency communications.

3. Provided budgeting and accounting technical assistance to Chapters for FEMA Reimbursement process with FEMA Representatives for the COVID-19 Emergency.

4. Provided updates and reports to all 110 Chapters during Agency Council teleconferences and Legislative Staff teleconferences to reach out to Council Delegates and Chapter Officials. 38

5. Obtained legal guidance and direction from the Department of Justice Chapter Unit to address issues at 110 Chapters related to the COVID-19 Emergency, policy and ongoing disputes.

CHALLENGES

1. Baca-Gallup ASC position vacancies delayed in filling due to COVID-19 Emergency. 2. Personnel disputes with immediate supervisors at Chapters. 3. Five Management System not standardized to 2010 version for all 110 Chapters. 4. COVID-19 Emergency continues to create challenges for Chapter leaders and staff. 5. Internet WIFI access across the Navajo Nation is a huge problem, weak signal.

B. CAPTAL 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. 1. NNC CJN-47-20 to finance 150 Bathroom Projects with $3,500,000 in NN CARES ACT funds. The Project 2. The purpose of NNC CJY-67-20 to finance six Powerline Projects with$44,220,832. Subrecipient Agreements were executed for: 1. NTUA - Powerlines $13,897,562.00, 2. NTUA Capacity Powerlines $24,747,269.00 3. NTUA Powerline - Klagetoh Sand Springs South Phase Ill in the amount of $850,000.00. 4. Ramah/Pinehill Campus - $3,500,000

2. (MEETINGS) 1. The Project Managers are working with chapters during CPMD Update meetings to provide project updates. Very limited fieldwork has been completed on projects due to COVID-19. New Mexico Internal Reconciliation Teleconference meeting was held on Monday, September 28, 2020 with New Mexico Indian Affairs Department, Navajo Nation Division of Community Development, Navajo Nation Office of the Controller (Contract Accounting), Navajo Nation Aging Department, Navajo Nation Department of Transportation, and Navajo Nation Water Management Branch, all departments provided activity updates on their projects to the State of New Mexico and Indian Affairs Department. 2. A total of 72 meetings have been held virtually using Google Meet in July, August, and September 2020 by Council Delegate District. CPMD, Navajo Nation Department of Transportation, and Navajo Nation Water Management Branch, provided activity updates on their projects to the Chapters, Council Delegates. 39

3. In addition, Dept. Manager made administrative reports at agency teleconference updates to the chapters. This is part of the enhancing communication and partnership with the chapters.

3. WATER 1. Navajo Nation COVID-19 Water Access Coordination Group continued work during the fourth quarter with major accomplishments including installation of hand washing stations. Teleconferences are conducted weekly on Tuesday. Total 59 transitional Water Points. Non Profit entity Water Mission is utilizing their own resources to install an additional 37 water points. 49 pre-existing watering points. IHS has disbursed 5 gal 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.

CHALLENGES

1. CARES Act funding NNC CJY-67-20 NTUA POWERLINE, NTUA BROADBAND, NTUA SOLAR PROJECTS, CJN-47-20 BATHROOM ADDITIONS, TOTALLING $115,761,039 expires on December 30, 2020.

2. Current CPDM has requested a time extension for the Sihasin projects as the deadline of November 2020 is quickly approaching. 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.

3. Two Navajo Laws were waived by 23rd NN Council to approve Sihasin Legislation-35- 18. They are 12 N.N.C. Section 1310 (F) - NN Bond Financing Act and [TCDCJY-77-99 - Capital Improvement Projects Guidelines, Procedures. This made implementing the projects challenging as some were not indeed "shovel ready or construction ready".

4. Executive Orders. 001-20, 003-20, 004-20, 005-20, 006-20, 008-20 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. The staff that are not scheduled to work in the office are teleworking 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.

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4. ICIP/IGA’S 1. Thirty-two (32) IGAs from NM H8 349 have been received in the amount of$13,813,312.16 and are being processed through the 1648 Process. 2. Eleven IGAs amendments from NM H8 355 have been processed through the 1648 Process 3. Six NM Tribal Infrastructure Fund funding in the amount of $7,249,644.71 have been received and are being processed through the 1648 process 4. CPMD assisted/submitted 53 chapters NM ICIPs, 3 Special Districts NM ICIPs and the Navajo Nation NM ICIP, and 27 Senior Center NM ICIPs in September for the next funding cycle. All the NM ICIPS are currently under review by NM DFA.

C. COMMUNITY HOUSING & INFRASTRUCTURE DEPARTMENT

1. CDBG: HUD Grant Agreement for ICDBG FY'2019/2020 was signed by President Nez and sent to HUD via email on July ,1, 2020 to accept award. 2. CDBG: FY-2017 Indian Wells powerline project was completed on 8/19/20 that served 8 homes. 3. CDBG: Submitted the Final Closeout report to HUD via email on 9/23/20 for FY-2015 grant. 4. HIP: Completed (1) home renovation project in Tohatchi, NM on 8/10/20. 5. HIP: Offices re-opened in July to provide housing assistance application to clients.

CHALLENGES

1. CDBG: Purchasing plexiglass and building materials to put up a barrier around each personnel for their safety due to COVID-19 pandemic. 2. CDBG: Establish authority and leadership within CDBG program; currently there is three (3) staff. 3. HIP: OOC unable to process/approve Purchase Requisitions for building materials and equipment 4. HIP: FY-2019 BIA funds depleting, construction crew received Admin Leave pay, result is not enough funds to complete remaining projects. 5. BIA has not allocated FY-2020 funds. HIP still operating on FY-2019 funds. 6. The delay in processing purchase at OOC to expedite building materials for renovation projects. Also delay in reviewing 638 contracts at 0MB to deem contracts sufficient.

D. INFORMATION TECHNOLOGY

1. 41 chapters provided with IT technical assistance 2. 3 DCD newsletters published 3. 9 Chapter trainings conducted 41

4. Google meet - Google Office Hours assistance mini training sessions; 5. Helped Cyber Team develop and complete a draft Navajo Nation Broadband Act upon direction from the Naabik'iyati Committee and which was subsequently presented to the NNTRC.

CHALLENGES

1. Insufficient broadband on the Navajo Nation. None of the Internet service providers on the Navajo Nation provide services 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.

2. 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.

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Division of Economic Development

FALL COUNCIL SESSION 2020

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

43

MAJOR ACCOMPLISHMENTS

Support Services Department 1. Completing the required $60M budget documents to expend the CARES Fund appropriation.

Project Development Department 1. Repairs to Ganado Shopping Center building: The Water Tank leak was repaired by Arviso Construction. Site visit was made to inspect streetlights and to meet with Gibert & Sons Electric and Arviso Construction. Change Order No. 9 was prepared and submitted through 164 for approval. OPVP signed and was submitted to NNOOC for encumbrance. Change Order No. 10 for the light fixtures and additional service work is forthoming. 2. The Grant Application to Seattle Regional Office, Department of Commerce, Economic Development Administration was corrected for development of Comprehensive Economic Development Strategy 2020 under the CARES Act. The notification of award is pending. 3. The Request for Proposals for Operation and Maintenance to begin a service contract for the shopping centers and the industrial parks are in draft format. 4. An Intradepartmental Lease with the Navajo Public Safety and the Division has been negotiated and is pending DOJ's review. This is temporary agreement for site within the Fort Defiance Industrial Park. 5. The Chinle Industrial Park drainage project contract was awarded to Clawson Excavating, LLC. The work is completed for the project and the corrections were completed in September 2020. 6. Native Partnership for Housing (NPH) continues the construction activities at Karigan Estates through its wholly owned construction company, Clear Water Construction Partners, Inc. The twenty-five (25) homes constructed by NPH at Karigan Estates have been sold and are occupied. One (1) more home should be occupied in the coming weeks, bringing the total homes constructed by NPH and occupied by Navajo families to twenty-seven (27). 7. The Department will continue to work on Karigan Estates Commercial Property with the Navajo Nation Land Department to market and sell commercial property located near the Karigan Child Care Center. An appraisal has been completed. 8. A final review of the new tenant business site lease for Bashas/NahataDziil Grocery Store at the new shopping center is almost complete. Both the Landlord and Lessee will submit final coments before the 164 Review process is started. 9. The AIA Contract with Medallion Hospitality for the development of Shonto Hotel is in progress.

Navajo Tourism Department 1. ASU New Mexico & Utah Tourism Study: processing this MOU through the 164 process 44

was difficult, since NDOJ could not decide on whether to do a Professional Services Contract or an MOU. After settling on the MOU process, it was finally resubmitted into the 164 process and routed to the NOPVP for signature. The process took over seven months to finally get it to the President’s Office for is signature. Currently, the signed MOU is still at Contract Accounting. The Covid19 Pandemic also impacted the field work needed which was to have occurred between March to October 2020. Further there has been no communication between Navajo Parks and Recreation and Navajo Tourism on when the Tribal Parks would re-open. This further delay has required Navajo Tourism to request an time extension to end of 2021. A revised timeline in the Scope of Work and no Budget increase will be part of the MOU extension request. Phase I: Extension Request

Shiprock Complex Visitor Center: Seven-acre site is complete with 1) land designation; 2) phase one-architectural design; and 3) environmental/biological/archeological assessment.

In Progress: 1) continue clearance of 4 monitor wells; 2) maps and discussions on methods and cost of handling the old infrastructure with Navajo Utility Authority, Frontier Communications; 3) site clean-up by Navajo Engineering Construction Authority pending completion of Item #1. Phase II: Architectural Design.

Shiprock RV Park: Is under litigation with Dineh Benally and DOJ concerning the RV park and the full 38.17-acre site. The courts have rules that Mr. Benally was found to be trespassing on the RV Site. The project is currently on hold due to removal of the Hemp- Farm Development.

In Progress: 1) conduct lead sampling; 2) temporarily fence the former Bond / Bond building; 3) update on the 3 monitoring wells on the site; 4) request maps and discuss methods and cost of handling the old infrastructure with Navajo Tribal Utility Authority, Frontier Communications and Navajo and New Mexico State Transportation Departments with the ingress and egresses; 5) RFP to contract out an environmental assessment of the added acreage; 7) address project design and funding an RFP for lead removal is being prepared for Public Notice to be inserted in several newspapers - the Navajo Times, Albuquerque Journal, the Arizona Gazzett and others near the Navajo Nation. Once a contractor has been selected, lead removal will proceed. Phase: Pending

Chinle Vendor Village: Again No Progress to-date on whether the Chapter has obtained Navajo Business Management Certification. Phase : Pending

NN Wide Design & Build Signage: On hold until funds can be identified. Once funds has been identified, and RFP will be prepared to hire a contractor.

2. Navajo Tourism - Coordination/collaboration among Navajo Nation programs, departments, divisions & enterprises: 45

a. Update Navajo Tourism Department Five Year Strategic Plan: In lieu of a Navajo Tourism Strategic Plan, Navajo Tourism has "drafted" a "Navajo Tourism Marketing Plan". The "Draft" allows Navajo staff to keep adding relevant information. b. Navajo Tourism continues to market the Navajo Nation as a top destination by continuing to advertise in many of the co-ops with the states of New Mexico, Arizona and Utah. This includes but not limited to: social media, print advertising, aiport banners, videos, etc. The Navajo TOurism Department continues to move forward by working with those that are planning on visiting in the future. c. Navajo Visitation Data: The Nationl Park Services and the Navajo Tribal Parks visitation data will show a decrease in visitors due to the Covid19 Pandemic resulting in closure of all the parks and monuments. The data on the website show and increase of 20% making the total number of visitors to site at 33,307. d. Navajo Parks & Recreation: CLOSED ALL NAVAJO TRIBAL PARKS IN MARCH 2020. NO CURRENT INFORMATION ON THE RE-OPENING, NOR THE TYPE OF SAFETY MEASURES THEY WILL PUT IN PLACE. NAVAJO TOURISM CONTINUALLY PARTNERS WITH NAVAJO PARKS & RECREATIONS ON MAJOR EVENTS AND PROMOTIUONAL ADS. e. Navajo Arts/Craft: no collaboration occurred during the closure of all Navajo Tribal Office enterprises and programs. Will re-establish communication once all staff return to work. f. Navajo Department of Technology: Navajo Tourism established communications with this entity to get their input into developing a more proficient website. G. Navajo Hospitality rents the Interactive Museum building located at Tuba City next to the Quality Inn from the Navajo Tourismm Department. Rent payments help fund advertisement ad for promotion of the Navajo Nation points of interest. In turn, Navajo Tourism encourages tourists to visit and be educated on Navajo culture and history.

3. Provide Technical Assistance to chapters, clients and entities:

The Sr. Economic Development Specialist has invested a lot of time with the Shiprock Chapter and Shiprock RBDO to make the Shiprock Visitor Complex a reality. Addressed in section on Projects above.

Tooh Recreational Vehicle Park: Addressed in section on Projects above.

4. Marketing through various media outlets: Discovernavajo.com website: As noted in the last quarter report, an RFP to hire a contractor was coplted. However, the RFP to hire the contractor to assist Navajo Tourism was put on hold due to the Covid19 pandemic. To prevent the spread of the virus, the Navajo Nation closed all tribal offices. The RFP will be completed, once all staff return to the office and safety health measures are put in place.

Email Marketing: the new portion on the home page has brought in around 600 enauks. 46

This was established to retrieve tourist's emails and obtain their permission to allow Navajo Tourism to receive e-newsletter and other promotional advertising information.

Search Engine Optimization (SEO): this process is ongoing throughout the year as the website is updated or changed. This marketing strategy is to optimize keywords on search engines like google and yahoo to drive online discoveries to the site.

Social Media Accounts: since the implementation of social mediate (Facebook, Twitter, Instagram and YouTube), the sites have over 6000 followers on Facebook, 3.4k on Instagram and 1.3k on Twitter. Any increase visits to social media depends upon the content put up. There was a slight decrease due to the lack of staff input, since all Navajo Nation staff had to be on because of the impact of the virus.

Monitoring of Google Analytics: the Marketing Specialist continually revises the website to ensure interest to the public and monitors it through the Google Analytics for public impressions and clicks. These clicks and impressions are the number of the public who view the website. A comparison of the clicks/impressions are also interpreted through the graphics provide by Google Analytics -- Google Analytics (discovernavajo.com) website.

July, August, September 2020 we had a total of 85,463 comparing this to last year numbers we have increased by 47.25%, which resulted in this being the highest the web page has been hit for info on Navajo.

5. Other Navajo Tourism Activities: Distribution of Navajo Visitors Guide: All requests for a Navajo Visitor Guide are made by way of the "discovernavajo" website. Hundreds of physical Visitor Guides are mailed to individuals all over the United States. In addition, hundreds of tourist questions, business inquires and others are addressed at [email protected]

Co-partnership with Arizona, New Mexico and Utah State Office of Tourism: The Co- Opt Application was submitted and approved for the upcoming year. The total amount of CO-OP is $65,00 of matching fund from states for advertising.

Collaboration with tribal and states convention centers’, visitor bureaus/centers’, conferences and expos: Although informal collaboration continues, formal communication was halted due to the Covid19 Pandemic that resulted in the closure of all offices and agencies. When state businesses re-open and safety measure are in place, re- communication will be made to discuss how to continue collaborating.

Business Regulatory Department 1. Review of approximately 1,500 applications for CARES Relief Grant. 2. Maintaining of consistent flow of pertinent NBOA/NNCC & 164 Document. 3. Advertisement of two (2) vacant Weights & Measures Inspector positions. 47

Small Business Development Department 1. Due to the COVID-19 Pandemic, the department assisted clientele with the CARES Act funding application, a total of 32 clients were directly assisted. 500 clients were assisted through Dineh Chamber and Small Business Development Center. 2. Conducted 6 workshops and/or trainings via tele/video communications. 3. Reviewed 7 business site leasing transactions/land withdrawal use. 4. Reviewed 131 Business Plans, includes applications for the CARES Act funding. 5. Assisted 129 clients with completion of business certification/corporation applications, includes certification for the CARES Act funding. 6. Created 14 jobs.

Chinle Regional Business Development Office: 1. Chinle RBDO has returned to work on August 17, 2020 in accordance with the return-to- work guidelines and continues to practice personal sanitizing along with wearing mask and maintaining social distancing. Staff is working on a staggered schedule and meetings are limited to phone conference calls and emails where needed. 2. Chinle RBDO is working with clients requesting Cares Act funds for Navajo Businesses and Artisans Economic Relief Grant Program by assisting applicants submitting requirements including Navajo Business Certification, Navajo Tax Form 100 and grant application. 3. Provided list of nine projects to the DED Administration for funding under the DED Cares Act funds. Projects are critical and in need of demolition and clean up within various communities due to the environmental hazards and considered priority. Some sites are within close proximity to schools and housings. 4. Dissemination of information to the businesses and their owners regarding the Payroll Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) in this fourth quarter and information via online webinars. 5. Preparing arrangements to pay NTUA utility bill for Chinle former Gorman trailer court in the amount of $45,138.46. Residents/occupants of the expired business site are on notice to vacate by June 2021. An extension of site vacating was given by Chinle RBDO beyond June 1, 2020, due to the coronavirus pandemic. 6. Prepared budget for the Chinle RBDO for the upcoming FY2021 program operation at 100%. Proposal to be considered before approval. 7. FY 2020 Program Budget Expended at 90%. 8. Ten (10) clients assisted related to business site leasing. 9. Submitted Navajo Nation Oil & Gas Land Relinquishment documents into the 164 Executive Official Review. A portion of land, 1.05 acre, is being relinquished from NNOG’s business site for a police substation at the Blue Gap Chapter’s request.

Eastern Regional Business Development Office:

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1. Crownpoint Hotel & Conference Center; Bank completed loan documents and approved construction funds. Construction contractor selected to complete hotel construction. Awaiting DOJ and Controller approval of escrow account for project. Secured $15M in funding for the project utilizing private and matching tribal funds. 2. Churchrock Convenience Store and Gas Station; Construction contractor selected and seeking sub-contractor bids. Working with Utility and highway entities to secure required permits. Tenant working with bank to finalize loan document with BIA Credit Office. 3. Crownpoint Convenience Store, Gas Station & Laundromat – Construction contractor selected & seeking sub-contractor bids. Continue working to secure permits for utilities and driveways. Bank working to finalize loan documents with BIA Credit Office and business tenants. 4. Nageezi Hotel / RV Park – 13 acres secured, working on Environmental Assessment and Land Appraisal with Chapter, hope to have studies completed by 1st quarter FY 2021. 5. Pueblo Pintado Convenience Store & Gas Station – Potential Lessee has stated his intentions to re-open the Convenience Store but plans are on-hold due to health pandemic. 6. Pueblo Pintado Mall – Land clearances secured, working on utilities assessment.

Fort Defiance Regional Business Development Office: 1. Assisted applicants with the Navajo Business/ Artisans/ Economic Relief Grant. The program has been assisting in process of Grant applications with Part I and Part II, both via telephone and online. 2. The RBDO has been contacted VIA email and telephone from all regional businesses concerning CDC guidelines for businesses during the Navajo Nation Public Health Order. The RBDO emailed and contacted all regional businesses to share information on CDC guidelines and Navajo Nation guidelines for businesses and all clients. 3. Extended 6 months RUP for Elbert Taylor DBA Taylor Affordable Towing located in Chinle, Arizona. 4. Maintained constant communication with clients that have Expired Permits, New Permits and are in the application process of a new Business Site Lease. (2) Clients who are in the process of working on a New Business Site Lease. 5. Two (2) Professional Service Contracts processed with 1. Goldtooth Precision Solution to resurvey 3 business sites for new development and Navajo Nation Sanitation for clean up at the old TY's Automotive in Ganado, Arizona.

Shiprock Regional Business Development Office: 1. The Shiprock Hotel Project Land Withdrawal Designation application filed with the Navajo Land Department (NLD) since August 2018 is pending action by Navajo Gaming Enterprise to apply for the Land Withdrawal Designation. The Land Withdrawal Designation is needed prior to the Business Site Lease process for Navajo Gaming Enterprise. The Department of Interior Bureau of Indian Affairs completed the site

49

demolition and clean up, and released the site to the Navajo Nation. PROJECT PENDING SINCE MARCH 2020, THE BEGINNING OF THE COVID-19 PANDEMIC. 2. 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. PROJECT PENDING SINCE MARCH 2020, THE BEGINNING OF THE COVID-19 PANDEMIC. 3. The Naabinachi Wozani Business Site Lease Project is still pending DOJ action to reverse previous legal opinion.

Western Regional Business Development Office: 1. Our office started working with the new approved Navajo Business Economic Relief Grant funds, we started assisting clients with the applications and provided information to clients on how to get into the Baker Tilly portal and complete the application. Those that didn't have computers or internet, our office assisted them to complete their applications and submit them for approval or disapproval. Sixty-nine (69) clients got approved for the Navajo Business & Artisan Economic Relief Grand funds. 2. Our office took 3 trainings on-line on the Navajo Business Economic Relief Grant funds. 3. Worked on the program budget for FY'2021 and submitted the Budget @ 100%, Budget was approved. 4. Division of Economic Development in collaboration with Terraform Development, LLC is biding out the Infrastructure construction project., the bid is being advertise in the Navajo Times starting 10-01-20 with closing date on 10-30-20. This is a Sale Tax Project with funding up to $200,000

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.

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.

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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. Continually addressing the OPVP priorities with no new information. However, Priority #1 can only be addressed by the OPVP and Council 2. HOT Funding decreased due to Covid19 Pandemic - Must make up shortfall 3. Covid19 Impact on tourist travel to Navajo Nation resulting in decrease in tax revenues and the decision of the Navajo President's decision to delay collecting tax revenues 4. NOPVP Legal Counsel must release Contract documents to be signed by the President in a timely manner. 5. Purchasing disinfectants for prevention and safety of staff has been a tedious process due to lack of these items globally. Business Regulatory Department 1. Shortage of staff to aid in review of CARES Funds applications. 2. No qualified applicants to Weights & Measures Inspections advertisement

Small Business Development Department: a. Lack of communication among the Navajo Nation Offices. During the administrative leave, work came to an absolute stop, no response to payment requests, budget transfers, memorandums, emails, phone calls and text messages. Need better planning and working conditions during the COVID-19 pandemic. b. Lack of proper knowledge of office responsibilites, the departments within the division do not screen their clients properly and clients are misdirected. The department continues to receive clients and calls meant for Business Regulatory Department and Navajo Tax Commission. 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.

Chinle Regional Business Development Office: a. Bureaucratic system hindrance in implementing a contract for Professional Services. b. Effects of the coronavirus pandemic on the Navajo Nation economy, developments and Programs. c. Internet resources and technological limitations to work remotely from home. d. Public in-person trainings temporarily halted due to the Navajo Nation Covid-19 and its restriction on large gathering.

Eastern Regional Business Development Office: a. Due to the issue of the non-active status of the Business and Industrial Development Fund (BIDF) loan program, this is hindering the building of the Navajo Economy…our 51

clients and business owners in starting, growing and establishing their businesses. This issue has been going on nearly 5 years. 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. c. Biggest Challenges with projects is working and coordinating with the various outside entities (banks, state, franchises, infrastructure entities, etc.), and with the Navajo Nation entities (DOJ, Finance, Land Department, NTUA, Chapters, etc.) to meet the client needs to move forward with their respective projects. d. The main cause of deviations within DED 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, with causes unnecessary delays in moving forward building our economy.

Ft. Defiance Regional Business Development Office: a. No challenges to report for this quarter.

Shiprock Regional Business Development Office: a. No challenges to report for this quarter.

Western Regional Business Development Office: a. Some of the challenges are: There is very limited computer equipment to assist clients, our program needs lap tops, portable printers & scanners to assist clients to apply for the Navajo Business Economic Relief Grant applications and supporting documents. b. Another challenge is; we have limited staff and limited office space to bring on more staff. c. We have limited staff and limited office space to bring on more staff. Currently, to adhere to the CDC Health regulations, our staff has a staggered work schedule to comply with social distancing, this in itself creates problem like we are not allowed to have clients come into our office, we have to assist them outside and by telephone, this is a big challenge. d. Another challenge we encountered is; some of the clients that want to apply for the Navajo Artisan Economic Relief Grant have no education like the elderly and some have very limited education. Our office has to go step-by-step through the application process

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with them and it's very time consuming and it's difficult because we can not meet with them person-to-person, all this has to be done by telephone.

Navajo Tourism Department Project #1: Bring the number of visits to the Discover Navajo website to the highest its ever been during the time of Covid 19, is a great accomplishment which ensures that we are still one of the top destination in the country.

Project #2: Partnering on a 125k grant with USDA to identify Cameron as a Gateway to the Grand Canyon.

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Navajo Division of General Services

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

54

MAJOR ACCOMPLISHMENTS

1. AIR-NN Contract #CO14274 in the amount of $588,803 is currently for Dallas Airmotive for the N214P airplance engine overhauls; engines were removed and taken to Dallas Airmotive in Dallas, TX.

2. DIT-Pursuant to CJN-47-20, SECTION THREE. AUTHORIZING IMMEDIATE EXPENDITURES A. 2. Computer hardware and software for Navajo Nation government office to improve telework capabilities for Government Employees in the amount of $2M. DIT was tasked to spend these funds by August 31, 2020; DIT purchased 695 laptops, Adobe Acrobat Standard 2020, and Microsoft Office 2019 Home and Business on August 28, 2020. As of September 22, 2020, the DIT Desktop Section provisioned 150 laptops, installing Adobe Acrobat, MS Office, Cortex XDR Anti-virus/Threat Analyzer and proper security standards. A "Navajo Nation Telework Property Transfer Agreement" was drafted. A laptop request email notice was drafted.; Per CJY-67-20, Broadband- Telecommunications Project, DIT was awarded $53,224,989 from the CARES Act Fund; DIT was deemed the Fiscal Agent to administer and manage these funds; DIT was awarded $3.4 M and the subrecipients (NTUA,NTU, NBE, Dine College) $49,829,989; DIT, as a fiscal agent, submitted 5 subcontracted services for subrecipients to the NN CARES Grant group (OOC) for processing. DIT submitted a $513,950 contract for a Backup/Restore/Archiving Solution. An RFP was completed for 200 switches for the Navajo Nation network hardware refresh.

3. NNTU-Continue to work on various projects: 1) ERate Funding Project to secure broadband build out funding for Chapter Houses and Head Start centers. Currently, working on address grantee questions egarding application and preparation of vendor contracts with Sacred Wind Communication, NTUAW and Oso Internet Solutions, 2) Development of Navajo Nation Broadband Plan and Broadband Act. Presented Broadband Act to NNTRC and draft Broadband Plan to be delivered by 9/28/20, 3) Upgrade to Radio Frequency Network. Continue to work with towers owners to secure leasing and 4) Working with Frontier on MIPT service migration and transition of long distance and toll- free service to MetTel.

4. FMDFacilties Maintenance Department (FMD) was awarded $10 million dollars in Cares Act Funds to provide services to the Navajo Nation Governments and Chapters for cleaning /sanitizing office buildings, re-fabricating offices (Plexiglas installatation, barriers, etc) and assist the chapters to upgrade the sinks and toilets in the workplace responding and prevention to COVID-19.

5. TS-Motor Coach Drivers were required to update their Drivers Log, installing barriers, sectioning off social distancing seats, reporting to work on alternating schedules to comply with the health orders; Also completed revised route schedule to implement when limited services resumes, with on-going route assessments. 55

6. DIT-IT services to assist in priority accomplishments. Theses IT services are the underlying foundation of business continuity and efficiency. DIT has the infrastructure and serves specialized skills and knowledge to host Network Services, web-based case/tracking management systems, online videos, websites, SharePoint sites, Skype for business, Exchange emails, mass email distribution, high capacity internet, etc. The DIT Desktop team can provide IT quotes, IT 6B approval, advise on IT purchases, setup PCs, laptops for programs peripheal 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, customize and optimize graphics, database administration, etc.; COVID-19 information via NN COVID-19 Website, Navajo reopening Website, OPVP Townhall Events and Email communications; IT Department was never CLOSED during the COVID-19 Pandemic.

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

8. ISD-Processed Claims for Disability Benefits for COVID-19 exposure/quarantine in accordance with qualification requirements under the NN Employee Benefits Plan. Also processed Claims for Life Benefits for unfortunate loss of employees and dependents in accordance with eligiblity requirements under the Metlife Policy.

9. SD-Employee Assistance Program-An Unmet need budget of $577,165 was proposed for reestablishment of the EAP Program, however, the Unmet Need Budget was not considered in FY'2020. Hence, ISD did not meet the deadline; Also, Telehealth coverage is available as a Benefit Modification to ensure mental health and behaviorial health services are available for insured plan members.

10. EHP-Continues to renovate vacant housing units, and also provides repair and maintenance for EHP units.

11. ISD-Risk Management - is continuing to process Claims and hire small Navajo-Owed vendors to complete repairs for RMP and insured. RMP is keeping small businesses working despite the pandemic.

12. DIT & FMD-Receiving $2M from the CARES Act Funding.

13. ISD-Binding of Insurance for Fiscal Year 2021 and for Insurance Programs under ISD.

14. DGS-All departments and programs under the Division completed their FY'2021 Budgets with Oversight, NABI and NNC. The Proprietary Programs and those Departments that receive IDC experienced a decrease. 56

15. NTS-the Program was able to maintain funding amount from the State and Federal Transit Agencies; Also NTS was recognized for "ZERO" Finding on Drugs & Alcohol Policy.

16. NNTU-Purchased 20 mobile radios for NDPD; also purchased 5 Two way radio repeater as part of the upgrade to Radio Frequency Network; and assisted E911 Team with installation of equipment at Shiprock Police Department.

17. FLEET-Issued 102 new Police Units; also Fleet continued to service and maintain Public Safety vehicles during the COVID-19 pandemic.

18. NTS-Draft #1 under review for NTS Safety, Security and Emergency Preparedness Plan.

19. NTS-The program has changed it Routes schedules to continue Transit services.

20. EHP-The Program continues to upkeep and renovate Employee Housing Units for employees of the Navajo Nation.

21. EHP-The Program provides opportunities for temporary employment, via the Department of Workforce Development, to train indivduals in repair and mainteance in several trades. Renovation of residential structures and policies that govern the maintenance and construction trades.

22. NTS-Volunteering for Food and Water deliveries during the pandemic.

CHALLENGES

1. AIR-Navajo Nation Government's salaries are below industry standards, recriting and hiring to fill vacant positions is a challenge in it self. Due to the shortage of qualified pilots and mechanics nationwide, the current avaition employment marketplace is very competitive. 2) Identiying and securing funds in the estimated amount $800,000 for the overhaul of the Beechcraft King Air N200GS.

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, utilizing the “as a Service” methodology and are subscription-based. DIT IT initiatives are shovel ready. However, the CARES Act has many restraints. We need to justify purchasing these critical IT services for the NN government to mitigate Covid-19 beyond the CARES Act, December 30, 2020 deadline.

3. NNTU-Providing services amid the COVID-19 pandemic. 57

4. MD-Finalizing the contracts with the Southern Solutions Environmental for cleaning/ sanitizing services for Covid-19 exposed NN offices.

5. NTS-NN Procurement is a slow processing of procurement documents; OR/PO processing taking too long. Causing additional issues with outdated quotes, price changes, items no longer available, etc., that creates additional work in processing a PO amendment.

6. DIT-Is challenged in aligning ith the NN Departments and Programs. DIT is, many times, not made aware of Department's IT challenges and IT challenges for each priority listed; the End Users do not see the services that are received resulting to IT being the foundation upon which the services are built, and it was challening for staff to come to work during this time, our services were very essential to the NN government.

7. SD-Cost impact of Benefit Modifications is unknown since there is no past experience to the Plan of a pandemic such as COVID-19.

8. SD-Proposed 2021 Renewal Rates based on past experience have been computed based on average trend; cost impact of COVID-19 related Claims is unknown since Claims are still being received and reviewed.

9. ISD-Employee Assistance Program - Navajo Nation Pay Scale is very low to attract Counselor Position with low pay offered by the NN.

10. EHP-The Program's challenge continues to be funding and the safety issues and concerns with the COVID-19 pandemic.

11. ISD-Risk Management - Curfew and Lock-Downs have complicated matters, coordination and strategic planning needs to be implemented.

12. FMD-Some of the challenges in achieving this will be for FMD to expend the funding by December 31, 2020.

13. SD-the lack of understanding on how the Property & Casualty Program operates is a major setback. A lot needs to be justified and explained. The Insurance Programs should not be a political influence and too many demands to address insurance related matters.

14. DGS-All Departments and Programs under this Division will operate under a Continuing Resolution to December 31, 2020 with a 25% budget, as stated by OMB & OOC.

15. NNTU-Rights of way approval for new tower sites cumbersome process for cosntruction of new towers. Therefore, we have pursuing leasing towers but annual cost is high; also not enough funding to construct new towers, need minimum of $300,000. 58

16. FLEET-Agency Police Districts had to pay for vehicle insurance before units were issued. Some Districts took long to pay for insurance due to Risk Management had limited staff working during the COVID-19 office closures; Safety guidelines to protect our employees when servicing emergency vehicles.

17. NTS-There are limitations of a number of Routes and limited seating.

18. EHP-Additional funding for the Department of Workforce Development and their office has been closed due the COVID-19 pandemic.

Project # 1: DIT-Administer and manage CARES ACT expenditure plan for DIT and DIT subrecipients (NTUA, NTU, NBE and Dine College).

Project # 2: NTS- Project # 1: Expansion Bus route for Ramah / Pinehill communities. Attended Ramah Chapter Meeting on December 18, 2019; and joint meeting with NMDOT, A:Shiwi Transit and Gallup Express on January 8, 2020. PSC for services to be provided by A:Shiwi Transit were reviewed by FTA and they required a written response from Ashiwi Transit regarding their existing grant scope of work/locations before approving PSC. No response from Ashiwi Transit as of Sep 24, 2020. But received confirmation from NMDOT that A:Shiwi Transit received NMDOT funding for Ramah/Pinehill route beginning October 1, 2020. (COMPLETE)

Outreach and Communication

Date: Number( Type of Activities & Outcome (MM/DD/YY Location: Event Name: s) (Brief Summary) YY) Reached: 07/01/2020- NN Drive up Academic related 09/30/2020 Museum Internet access Unlimted for college & university studets 07/01/2020- DIT OPVP Updates on Covid-19 09/30/2020 Network Townhall Unlimited sessions 07/01/2020- DIT Covid-19 NDOH Covid-19 website; NN 09/30/2020 Network Information Unlimited Press release & NN governement announcements related to Covid-19 07/01/2020- DIT HCOC Daily Updates on Covid-19 09/30/2020 Network Teleconference Stakehold 59

ers Represen tatives 07/01/2020- DIT Speaker's Stakehold Weekly Updates on CARES Act 09/30/2020 Network CARES Act ers Updates 07/01/2020- DIT NNC Sessions Stakeshol NN Government Business 09/30/2020 Network ders 06/15/2020- WR Covid-19 Nation- Assisting with unloading and 09/25/2020 Command Emergency Wide loading commodities Center at HCOC warehouse 08/25/2020 Window Navajo Nation 100+ Awarded $10M in CARES Act Rock, AZ Funding to utilize funds to minimize and prevent the spread of Covid-19 in the work place. 07/01/2020- Radio Ad KTNN Radio Update on NTS Operations & 09/30/2020 Unlimited proposed changes to route service 07/01/2020- Gallup Update on NTS Operations & 09/30/2020 Newspaper Independent Unlimited proposed changes to route Ad service 07/01/2020- Social Facebook Update on NTS Operations & 09/30/2020 Media Post Unlimited proposed changes to route service 07/01/2020- Website Website Update on NTS Operations & 09/30/2020 Post Unlimited proposed changes to route service

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61

Navajo Division of Public Safety

FALL COUNCIL SESSION 2020

IV. MAJOR ACCOMPLISHMENTS

V. CHALLENGES

VI. OUTREACH AND COMMUNICATION

62

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 June 2020 we reported 91 cases in detainees and 51 positive cases in staff with 28 staff in Self Quarantine. This quarter NDOC reports only 15 (14 adult & 1 juvenile) positive cases and 6 staff in isolation and 1 on Self Quarantine. The practice of self-awareness and taking additional safety precaution has limited the number of cases within our facilities. Within three (3) of our Districts, Chinle, Shiprock, and Tuba City 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).

c) 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.

d) 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 $288,854.59 for 4 Pay Period endings. NDOC is pending one more payment for PPE 9-25-2020. The District personnel paid were the Correction Lieutenants (4), Correction Sergeants (28), Corrections Officer (104) and Corrections Trainee (3). Food Service Coordinator (1), Cook (8), Cook Aide (1). Building Maintenance Supervisor (1), Building Maintenance (3), Senior Office Specialist (1), and the Office Specialist (2). The NDOC Administration Staff Non-exempt (3) and Exempt (4) have not received any compensation of payment. The BIA/tribal enrolment 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(s) due to the pandemic causing staff to work in hazardous conditions. The special duty pay was created by the Navajo Nation in order to pay personnel working frontlines in these uncertain conditions.

e) The NDOC served over 5,496 individuals during the past three months showing a slight increase in the numbers of service. NDOC facilities continues to operate with only 63

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 807 inmates required medical attention during the period for health care monitoring, Covid19 testing and other minor medical needs.

f) The NDOC served 22 juveniles during the quarter and facilities continuing with no inmate programming, visitation was limited to PayTel calls and letters.

g) All of NDOC facilities submitted annual Bureau of Justice survey to BIA for the use of UCR (Uniform Crime Reporting) at the national level.

h) NDOC working 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.

CRIMINAL INVESTIGATIONS

a) Program improvements were made in the evidence room management where old physical evidence was purged and new physical evidence were properly organized.

b) Program improvements were also made in managing annual mandated trainings where personnel received training by the program without violating travel restrictions and the CDC guidelines on COVID-19.

DEPARTMENT OF EMERGENCY MANAGEMENT

a) Continue with COVID-19 humanitarian Branch created under OPVP to assist with food distribution and coordinate donations.

b) FEMADR-4436 Operation Winter Freeze payment distribution, reimbursement checks are being issued to Navajo Chapters.

DEPARTMENT OF EMERGENCY MEDICAL SERVICES

a) Procurement of 3 ambulances from RedSky Apparatus, Phoenix, Az.

b) Received modification #4 ($135,306) from the Navajo Area I H S in reponse to COVID- 19.

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c) Draft Annual Funding Agreement with Navajo Area I H S, submitted to OMB and OOC.

FIRE AND RESCUE SERVICES

a) Continuing Education: EMS course is still on schedule. In addition, Fire Leadership courses, Inspector courses, Instructor courses, Rescue courses, advanced wildland courses are also being schedule. Update: o Emergency First Responder classes are in progress via video telecom class. o Classes are being re-scheduled to accommodate the personnel work schedule. 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 o Window Rock fire station interior renovation to begin in October 2020. c) Response: Responded to the community of Chilchinbito COVID-19 exposure. Delivered the mobile command post with 8 firefighters to disseminate daily living essential to community members. This operation establishing internet, phone lines and mobile command point of contact for the Navajo DOH as incident command post. d) 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 Update: o The 8 firefighters were re-assigned back to respective fire stations. o Health EOC assignment was completed and re-assign back to respective fire station.

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.

c) One vacant position: interviewed and selection was made for an investigator.

NAVAJO POLICE DEPARTMENT

a) Continuous efforts with COVID-19: began March, 2020 65

- 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. No new confirmed cases of COVID from employees.

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.

CHALLENGES

DEPARTMENT OF CORRECTIONS

a) NDOC has had some problems with the Navajo Police Officers in complying with Covid19 Protocol that have been set in place. Their tendency is to bring in arrestees and book them without medical clearances, even when the arrestees are showing signs of Covid19. NDOC has met with the Health Care professionals and come to an understanding that for new arrestees of individual(s) 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. b) There is a need for Staff housing for NDOC personnel, 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.

2. DEPARTMENT OF CRIMINAL INVESTIGATIONS

a) Limited manpower remains a constant barrier to achieving program deliverables. b) Lack of funding for additional manpower remains a constant barrier. c) Lack of funding for compensating personnel for overtime worked remains a constant barrier to achieving program deliverables.

3. DEPARTMENT OF EMERGENCY MANAGEMENT 66

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. c) Equipment such as forklifts, pallet jacks, transport trailers. d) Training for Chapters regarding Disaster Documentation: due to COVID-19, it has limited our abilities to conduct trainings to Navajo programs and chapters. e) Need a warehouse building for NDEM to receive donations, food, water to coordinate relief efforts.

4. EMERGENCY MEDICAL SERVICES a) Payout of Special Duty Pay for Exempt and Non-exempt staff b) Purchasing Department backlog of purchases for the department.

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. pay. b) Technology: need for updated/upgrade computers. c) Unable to conduct in-service training for first-line supervisors in dealing with complex 67

administrative matters involving personnel. d) Understaffed, two (2) vacant positions: 1-supervisor and 1-investigator

7. NAVAJO POLICE DEPARTMENT

a) Due to COVID 19 projects, etc have been stalled: - Window Rock Justice building project moved forward - McKinley County DWI Task Force grant approved, but police operations not being completed. - Nahatazill Police substation pending, due to limited staff hours at Chapter level, no coordination. - communication with various Navajo Nation departments is very limited or none at all. b) Challenge is with placing arrestees who test COVID 19 positive. c) The Shiprock Police building including the Police Records and Property sections are deemed uninhabitable and recommend for closure by Navajo Area Indian Health Services, Office of Environmental Health for mold and asbestos present. Currently, the district is in the final phase of transitioning to an alternative worksite. Due to the pandemic, the procurement of needed office equipment and building repairs was impacted and delayed. d) Working to balance enforcement priorities while ensuring the safety and well-being of our personnel from being/becoming a COVID 19 victim and placement for housing for our personnel during self-isolation. e) The pandemic on the reservation has placed a new norm and has been very challenging especially for the communities whom are traditional in their native culture and traditional ceremonial customs. f) The closure of the district Courts Justice system has drastically altered the standard operating procedures due to the pandemic; the district courts are only providing limited services. g) Community members are frustrated with curfew and stay at home orders, therefore, there are more calls for disturbances at residences.

PROJECTS

1. CRIMINAL INVESTIGATIONS a) Missing Persons Unit

2. EMERGENCY MEDICAL SERVICES a) Project #1: Expansion of the department, including interfacility Ground Transport Services. b) Project #2: Establish new Field Offices within the Navajo Nation.

3. NAVAJO POLICE DEPARTMENT 68

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.

D. OUTREACH AND COMMUNICATION

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Navajo Department of Health

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. The Navajo Department of Health (NDOH) provided health related services to an estimated 26,145 people in the area of behavioral and mental health, community health outreach, prevention education concerning COVID 19, assistance with food, water, and essential cleaning supplies, health education, immunization, nutrition education and providing assistance at designated Points of Distribution (POD) sites across the Navajo Nation.

2. NDOH conducted training to an estimated 493 people in communities and local schools regarding the proper way to wear and clean masks, sanitizing homes and vehicles, COVID 19 prevention, injury prevention, environmental health, horticultural education, and traditional wellness during the Pandemic.

3. Several NDOH several delivery programs were able to provide an estimated 10,821 people with community outreach involved in assisting with COVID 19 testing and preventions, relief support (food & supplies distribution), and curbside USDA food distribution to eligible Navajo clients. In addition, approximately 92,817 people were reached using social media (Facebook Live) with education focused services encompassing presentations concerning emotional and mental wellness.

4. During the fourth quarter, the Navajo Epidemiology Center was in full COVID 19 response. The program has been generating daily Situational Awareness Reports, Unified Command Group (UCG) COVID-19 Public Health Branch (Epidemiology), case management and contact tracing. The program has also been focused on public health messaging and community mitigation.

5. Appropriate NDOH programs provided assistance to the Health Command Center with administrative support, mental health support, having staff available at the Point of Distribution (POD) sites to help prepare packages for distribution, contact tracing, assembling hygiene kits, distributing tents, and other necessary support.

6. To promote prevention during the COVID 19 Pandemic, handwashing stations were delivered and set up throughout the Navajo Nation. Some of the CHR Service Unit offices worked with Johns Hopkins University to identify clients who do not have access to running water to wash their hands.

7. NWIC is initiating plans to provide a safe worksite environment for its employees. The Chinle WIC clinic in collaboration with the Chinle Facilities Maintenance installed a plexi- glass barrier in the receiption area.

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1. During this quarter, a number of direct services provided by the NDOH program continued to be on hold due to the COVID 19 Pandemic. For example, all screening activities for the Navajo Cancer Prevention Program, Navajo WIC Program, and HIV program have been either postponed or pending due to the Pandemic. Screenings are expected to resume once restrictions are lifted. Moreover, some programs are having difficulty finding ways to maintain communication with clients.

2. Because of travel restrictions and the Pandemic trainings and staff development are also on hold, the challenge is that some trainings are essential to maintain licensure and certification.

3. The Navajo WIC was granted $150,000 and has an opportunity to purchase a mobile clinic unit to make access to services more convenient for clients throughout the Navajo Nation, especially in remote and isolated locations. However due to lack of response from the Navajo Motor Vehicle Review Board (MVRB) to approve the purchase, the timeline (September 30, 2020) for the encumbrance of the funds is fast approaching and it is very likely the funds will be lost. Efforts to secure approval for the mobile unit has been on- going since March 2020.

4. DPM restrictions has impeded the hiring of qualified staff for programs that need to hire. Due to the long time involved, qualified applicants are going elsewhere. There is concern because some of these positions have been vacant for a considerable length of time and are hard to fill.

5. Navajo Office of Environmental Health and Protection Program is finding challenges with temporary food service vendors (flea markets) that operate on the Navajo Nation who are not abiding by the "Administrative Order of Closure" and also not honoring the Public Health Orders.

OUTREACH AND COMMUNICATION

Date: Number( Type of Activities & Outcome (MM/DD/YYY Location: Event Name: s) (Brief Summary) Y) Reached: 7/06/2020 - Dilkon COVID 19 40 Set up 40 handwashing 07/31/2020 Prevention stations for homes without sinks

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7/06/2020 - Tse'ii'ahi COVID 19 2640 Crownpoint Health Education 07/31/2020 Point Point Relief Support assisted POD Team with of receiving essential supplies, Distribution food from donors, and helping with disinfecting areas and with distribution of supplies to 18 chapters in the Tse'iiahi community. 8/03/2020 - Tse'ii'ahi COVID 19 1000 Crownpoint Health Education 8/31/2020 Point Point Relief Support assisted POD Team with of receiving essential supplies, Distribution food from donors, and helping with disinfecting areas and with distribution of supplies to 18 chapters in the Tse'iiahi community. 7/01/2020 - Navajo Food 1100 USDA Food Distribuiton to 9/25/2020 Nation Distribution eligible clients. Wide using curbside service 7/01/2020 - Chinle, COVID 19 5960 In collaboration with the POD 9/23/2020 Crownpoint, Relief Support sites , the Health Education Dilkon, Program helped distribute Kayenta, food boxes, cleaning supplies, Tuba City, PPE's isolation kits and water. Ft. Defiance Points of Distribution

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Navajo Division of Social Services

FALL COUNCIL SESSION 2020

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

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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 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

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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.

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.

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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 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.

6. Distributed 1,686 World Central Kitchen food boxes to 843 Department for Self Reliance (DSR) Families at 7 of the DSR field offices and 18 to Navajo Family Assistance Services families for the months of July, August and September. DSR distributed 400 Community Organized Relief Effort (CORE) Buckets with non-food essential items. Each of these bucks contained items hard to find in stores around the Nation. Their support has assisted families that will carry them into the month of November. NDDP delivered donated food kits to 196 members of its members. NTCCF delivered.

7. DFS provided Title IV-E Guardianship Assistance payments to approximately 480 children and provided Adoption Assistance payments to approximately 21 children. DFS ALTCS approximately 79% of the overall caseload adults/elders remain in their homes and received services from their relative or non-relatives as paid providers. DFS field offices served approximately 1,407 children during this quarter, of which approximately 127 children were reunified with their parents and another 31 children remained in relative placement and guardianship was established.

8. Between July 2020 - August 2020, 38 children reunified with their biological parents and their ICWA cases was dismissed. Navajo ICWA Program currently has 15 ICWA Cases with legal intervention to which the Nation is a party for15 ICWA cases in Arizona, New Mexico, Utah, Oklahoma, Texas, Colorado, and Oregon. Approximately 30 families were provided food boxes and PPEs. The NTCCF served a total of 461 children and families, and delivered food kits to 92 families.

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9. DFS field workers coordinate with NHA offices by advocating on behalf of clients to maintain their homes when children have been removed from the parent's care. DFS ALTCS clients, elders have utilized the Kaibeto Independent Living Apartments.

10. DFS coordinated with the Office of the Controller and the Office of Management and Budget fo a meeting with the federal Administration for Children & Families to draw down Title IV-E funding.

11. DSR Employement Development Specialists are working directly with DSR Customers to gain skills and abilities to help their families to become self sufficent. During the pandemic, the DSR Education Career Services unit is focusing their services towards online trainings for Customers to initiate their Educational/Career choices.

12. DFS continued its collaboration with the Administration for Children and Families (ACF) to complete its outstanding amendments to the P.L. 15-07 and P.L. 18-07. These were completed and submitted to ACF for their review.

13. DFS has provided CPS on-call numbers to the area Navajo Police Departments during this pandemic. DFS continued to coordinate with the DOH HCOC office throughout the pandemic, by emailing ICS Form 213 forms, which are requests on behalf of clients and other agencies.

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 86

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 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.

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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

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. In August 2020, the Navajo Division of Transportation (Navajo DOT) resumed construction on the Navajo Route 12 (N12) project that includes expanding and paving over ten miles of roadway between Wheatfields and Tsaile. The project is funded by the Federal Highway Administration. The Navajo Engineering and Construction Authority (NECA) is the contractor for the N12 project. Comprehensively, the project includes grade, drainage, two bridge replacements, fencing, cattleguard, aggregate base course, hot asphaltic concrete pavement and other construction. Since mid-March when the Navajo Nation issued a Stay-at-Home public health emergency order, NECA had maintained steady progress on the project but it eventually slowed to a halt. On-site, NECA personnel are adhering to PPE usage and social distancing. NECA has reconstructed a bridge located approximately three miles east of the BIA Route 64 junction on N12. Detour 1 has been constructed at Tsaile Creek to accommodate traffic at this location. After demolition of the Tsaile Creek bridge, NECA will address the Wheatfields Creek bridge located approximately one mile north of Wheatfields Lake.

2. On Monday, July 13, the Navajo Division of Transportation (Navajo DOT) resumed earthwork on Navajo Route 251 (N251) in the Tselani/Cottonwood Chapter. N251 is a 15- mile loop in the Tselani/Cottonwood Chapter that starts on Navajo Route 4 (N4) near Mile Marker 41 and runs northeast to return to N4 near Mile Marker 45. Navajo DOT Roads staff have graded areas throughout N251 in preparation for an application of gravel or aggregate base course. Aggregate base course is being hauled and placed on N251. The project is funded by the Federal Highway Administration. To gravel and soil stabilize the entire 15-mile route, the project requires approximately $2,000,000 dollars. Navajo DOT will continue to work with tribal, state and federal partners to address project funding. The project was initially shutdown on March 16 when the entire Navajo Nation entered into a governmental closure due to the Coronavirus outbreak. With the setback of the governmental closure, the Navajo DOT is looking to complete this project by December of 2020.

3. In September 2020, the Navajo Division of Transportation completed a project that improved two miles of Navajo Route 16 located in Ts’ah Bii Kin Chapter. The contractor for the project was Navajo-owned CB Emulsion LLC from Prewitt, N.M. The project was funded through Navajo Fuel Excise Tax Funds. CB road crews improved N16 by grading and backfilling to build up the road’s profile. This process created a two-percent centerline crown, which is the surface shape that helps to shed water to both sides of the road. Ts’ah Bii Kin Chapter Manager Earl Sombrero lives along N16 and said he and other elected officials have been advocating for improvements for many years. “This project is a long time coming. With the help of former Council Delegate and current Navajo Nation President Jonathan Nez and Delegate Herman Daniels, we’ve been able to get this project to where it is today.” Sombrero said. Navajo DOT Executive Director Garret Silversmith

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said that this was one of the final projects the Division completed before the end of the construction season.

4. In September 2020, the Navajo Division of Transportation began a road improvement project on Navajo Route 8085 in Many Farms Chapter. Navajo DOT Roads crews graded the road, widened the road in certain areas and performed limited culvert work to prepare N8085 for soil stabilization. The project will address over four miles of the N8085 loop. N8085 provides residential access to U.S. Route 191 that connects Many Farms to Chinle, AZ, and many other communities. Navajo DOT has chosen Desert Mountain Corporation as the contractor who will apply the soil stabilizer. The project is funded by Navajo Fuel Excise Tax Funds. While this project is being done primarily with in-house staff, Navajo DOT appreciates Apache County District I and Delegate Kee Allen Begay, Jr. for helping keep the project on task. Navajo Nation President Jonathan Nez said addressing rural stretches of Navajo roads contributes greatly to improving the Nation’s comprehensive infrastructure. “Many of our elderly live along these dirt roads that need improvement,” President Nez said. “We’re looking at improving many rural roads that provide access to residential areas as well as major thoroughfares like Route 191. Thanks to everyone involved.”

5. Within the 4th Quarter, the salaries of all Navajo Division of Transportation Road Department staff have been updated to become cost-share employees with salary costs split between Federal Highway Administration Funds and Navajo Fuel Excise Tax Fund. This change facilitates greater mobility, an expanded area of maintenance coverage and the ability for NDOT staff to respond in emergency situations without funding conflicts.

6. In response to the COVID-19 pandemic and to further combat infection or spread of the virus, Navajo DOT has implemented health and safety precautions throughout all departments. All employees and visitors must enter and exit through one main controlled entrance and have their temperature checked upon entering the facility. Staff in every department have been issued sanitization supplies and are required to clean their workspaces every day. All meetings are arranged through Zoom, Cisco WebEx Meetings or Microsoft Teams. PPE's have been provided to all staff and sanitization measures are extended to all job and project locations.

7. Defensive Driving Courses are required for all Navajo Nation employees to receive their tribal vehicle operator's permits and the Department of Highway Safety has resumed instruction of local and regional classes. Safety and preventional measures were developed to ensure the safety of both staff and participants. Acrylic dividers were obtained and utilized in classes to eliminate direct contact between participants and teaching staff.

8. The COVID-19 pandemic has caused the Department of Project Management to facilitate NEPA, Archaeology and Biological compliance documents received from the Navajo Nation Regulatory Offices and the Navajo Regional BIA environmental office. These 94

documents are normally directed to federal, state and other tribal offices. Navajo DOT's Department of Project Management continues to work with all regulatory offices concerning compliances and NEPA documents that need to be issued. During the 4th quarter, Project Management has continued to address compliance documents and all related field work.

9. Although the COVID-19 pandemic has halted certain progress on the Tribal Transportation Improvement Plan, Navajo DOT's Planning Department has continued to work with each agency, chapter, delegate and community to compile a draft list of regional routes to be included in the Plan. The routes included in this Plan must be updated every five years. Planners have continued to meet with Chapter Officals to add routes to the list. Once the list is finalized, it will be given to the Department of Project Management for any and all compliances and clearances.

CHALLENGES

1. Because of the COVID-19 pandemic; 2020 Budget spending had slowed down for approximatley three months. This affected certain departments where they weren't able to spend their budgets to the required 75-percent amounts in the 3rd quarter. This spending deficit has transferred to the 4th quarter. Funds were not able to be spent on much needed projects and the procurement process has been slow.

2. The pandemic and resulting government shutdown has also reduced the amount of personnel reporting to daily duty. The Division continued to operate with only 'essential' employees. Approximatley one-quarter of the total Navajo DOT staff continued to work. This caused significant set backs to the progress and expected completion dates of FET, Sihasin and FHWA projects.

3. The Navajo Division of Transportation continues to face inadequate sources of experienced Heavy Equipment Operators. The need for qualified operators affects the timeliness and continued progress of all projects. There is also not enough personnel to handle all incoming emergency service requests.

4. Finding consistent sources of water in rural areas has affected time frames and proposed budgets. In many cases, projects become delayed when Project Managers and Contractors have to find and transport water from areas located at further distances from the project site.

5. Vandalism and damage to equipment have been an issue this quarter. In Many Farms, at the N8085 project site, several heavy equipment were damaged when vandals broke windows on motor graders and poured sand into containers of hydraulic fluid on heavy equipment. A port-a-potty and trailer were also stolen from the project site. Aside from

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affecting project completion, these damages caused unnecessary expenses to repair and replace.

Project # 1: From July 2 - July 10, 2020, essential Navajo DOT Department of Roads Personnel assisted with suppression, relief efforts, road closures and emergency checkpoint for the Wood Springs 2 Fire that caused a Navajo Nation State of Emergency in Fluted Rock within the Sawmill Chapter. 13-hour shifts were conducted by seven field personnel.

Project # 2: On Sept. 5 and Sept. 25, Navajo DOT Department of Roads personnel assisted the Navajo Nation Office of the President and Vice President with events relating to the Census Count and Food Distributions that were held at Fire Rock Casino and Twin Arrows Casino respectively.

OUTREACH AND COMMUNICATION

Date: Number( Type of Activities & Outcome (MM/DD/YY Location: Event Name: s) (Brief Summary) YY) Reached: 07/4-5/2020 SR371 Public Service 150 Conducted Mask and Safety Smith Lake, Check Point Pamphlet Distribution NM 07/11-12/2020 SR264 Tse Public Service 150 Conducted Mask and Safety Bonito, NM Check Point Pamphlet Distribution 07/18-19/2020 SR98 Public Service 150 Conducted Mask and Safety Lechee, AZ Check Point Pamphlet Distribution 08/8-7/2020 N6920/N14 Public Service 150 Conducted Mask and Safety Leupp, AZ Check Point Pamphlet Distribution 09/19/20 Online Western 75 Delivered updates on regional Agency Council projects from each department

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Navajo Gaming Regulatory Office

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. NNGRO staff safely returned to work on August 17, 2020. Reopening plans were in place at the casinos and the main office. All requirements of the Executive Branch COVID-19 Worksite Safety Guidelines were incorporated into NNGRO reopening plans. Essential staff worked through the government closure to ensure protection of assets.

2. Prohibition of online bingo public service announcements were distributed to the public and on social media. The NNGRO website now has a form to report any illegal online bingo on social media or internet. Any online gaming is a violation of tribal, state and federal laws.

3. The Navajo Nation Tribal Gaming Regulations were updated to include the Sports Wagering regulations in July. The casinos have installed kiosks and policies and procedures are being reviewed for approval by the NNGRO.

4. The Licensing Department successfully reorganized their licensing renewal processes to ensure precautions are taken for COVID-19. During the government closure, the Licensing Department continued to conduct background investigations and renew gaming licenses for vendors and employees.

5. Opening of the Navajo Blue Travel Plaza at Twin Arrows, AZ on September 18, 2020. This does not include the gaming floor. The NNGRO was instrumental in ensuring public health and safety were in compliance with federal, state and tribal laws by conducting inspections on September 16-17, 2020.

CHALLENGES

A. NNGE Board of Directors directed all Navajo Gaming Facilities to close in response to a declared COVID-19 Public Health Emergency. Facilities remain occupied by essential employees but are closed to the general public (March-October 2020).

B. The COVID-19 pandemic resulted in closure of Arizona tribal casinos which affected the transfer pool lease agreement payments from three metro-tribes. The lease payments were not made for two quarters resulting in a reduced fund balance. The NNGRO's annual budget was drastically impacted.

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C. The NNGRO attempted to implement the 12 N.N.C. section 2205 from the Gaming Distribution Plan; however, was not supported by the Navajo Nation Council. The fund was established for the receipt of gaming revenue. This law provided for the NNGRO to be the first on the distribution list. With the reduction in transfer pool agreement payments, the NNGRO was depending on this law to fund the annual budget.

OUTREACH AND COMMUNICATION

09/05/20 - 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

FALL COUNCIL SESSION 2020

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 and a request for a preliminary injunction 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 Nation’s Motion for temporary restraining order and preliminary injunction. In a nineteen-page Order, the Court reviewed, analyzed and denied each of the four unfounded arguments made by Dineh Benally. Benally had claimed that (1) the Shiprock Court lacked jurisdiction to hear the case, (2) the Nation must resolve the matter through the San Juan Regional Farm Board – on which Benally serves as President, (3) the Nation failed to join the San Juan River Farm Board – which is an entity of the Nation, and (4) Benally even denied knowledge of the existence of co-defendants Navajo Gold and Native American Agricultural Company – despite claiming in the press and on his websites to be the founder and owner of both. The Court rejected all of these arguments.

On June 23, 2020, DOJ filed a Forcible Entry and Detainer action against Dineh Benally, alleging that Benally was illegally occupying a Shiprock RV park. The action was filed in Shiprock District Court by DOJ on behalf of the Division of Economic Development (DED), and followed the BIA’s 2011 cancellation of Benally’s lease of the RV park and subsequent unsuccessful actions by Benally to have the BIA’s decision reversed. 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. 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. Census Litigation. DOJ joined a lawsuit on September 1, 2020 in the United States District Court for the Northern District of California against the U.S. Census Bureau and the Department of Commerce based on the adoption of an illegally expedited plan, the “Rush Plan,” for conducting the 2020 census. The Navajo Nation joined the lawsuit as a plaintiff alongside a number of nonprofits, city and county governments. The Navajo Nation and other plaintiffs contend that federal defendants illegally curtailed time to complete the 2020 census, which threatens to cause significant undercount of minority populations, including members of the Navajo Nation. The judge issued a TRO on September 5 to require the Census Bureau of keep their offices open and continue to collect data until the preliminary injunction hearing. The federal government’s implementation of the Rush Plan is especially detrimental in the midst of the COVID-19 pandemic, which has 102

severely impacted the Navajo Nation. The pandemic has disrupted Census operations across the United States. As of October 2, 2020, Census collection is ordered to continue until October 31, 2020.

3. CARES Act Litigation re: ANCs. In the third quarter, DOJ 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.” On June 26, the Federal District Court for the District of Columbia ruled that ANCs were eligible. The 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. Approximately $500 million dollars in CARES funds remain to be distributed to tribal governments, including the Nation. As of October 2, it is unknown how the remaining funding will be disbursed.

4. Donation Branch. DOJ staff continue to work on donations for the Nation's COVID-19 relief effort. As of September 18, 2020, approximately $8.5 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. Significantly, on August 20, DOJ's efforts resulted in a $500,000 donation to the Nation from the Tides Foundation.

5. Water Rights Trial. On September 14, 2020, the Hopi Tribe claims for future uses trial (as part of claims associated with the Little Colorado River Adjudication) began with opening statements by the participating parties including the Navajo Nation, Hopi Tribe, the United States as trustee and others. The trial is anticipated to run from September 14, 2020 through January 28, 2021. The Nation’s claims in the LCR Adjudication are anticipated to be tried beginning in September of 2022.

6. Reopening of Government Offices. On August 17, 2020, DOJ welcomed back its support staff to DOJ offices with minor modifications to work spaces (e.g. plexiglass installation). Most DOJ prosecutors, advocates and attorneys continue to work from home. 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 and the 5-month closure of the Nation's government.

CHALLENGES

1. P-cards - 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 responded to the Office of the Controller, requesting reconsideration of the penalty and explained that 103

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 OAG's request was denied, and DOJ’s operational P-card will not be reinstated until after October 1, 2020. The suspension of DOJ’s operational P-card was unnecessary and hampered DOJ’s efforts to purchase needed PPE, cleaning supplies, and plexiglass to open its offices safely. It also affested DOJ’s ability to pay filing fees and other litigation-related expenses.

In addition, 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, but has not yet receive it. It is our understanding the P-Card is processed, but the staff from Tuba City was required to pick up the card in person. After the government’s closure, OOC informed NHLSP new p-cards were not being processed. Then, after the government resumed full operations on August 17, NHLSP was advised by OOC that the p-card would not be issued until after the beginning of the fiscal year. Not having a p-card for the entire year deterred NHLSP from obtaining supplies to safely re-open, and it had to rely on OAG (whose p-card was suspended as described above) and DOJ’s Water Rights Unit to purchase needed supplies. As of October 7, NHLSP has not received its p-card or any addiitonal information from OOC about when, if ever, it will be available.

2. Technology – DOJ did not receive any CARES funds to meet its technology needs to enable attorneys, prosecutors, and staff to effectively work from home. Some DOJ staff are 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 to fully enable its staff to continue to work from home, particularly if a COVID-19 “second wave” results closure of government offices and additional DOJ staff working from home. We are hopeful about receiving some equipment through CARES funding provided to General Services for this purpose. Note: technology was a concern in DOJ’s 3rd quarter report.

3. Budget Transfer/Special Duty Pay – 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. Subsequently, DOJ submitted its Special Duty Pay request to OOC, which it denied, because the line items identified for payment were unfunded. DOJ has requested information about the August 28 budget transfer from OMB staff on multiple occasions and has not yet received a response. An inquiry made to the OMB director has also been unanswered. OAG has requested Chief of Staff Chaco’s assistance.

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Project # 1: This quarter, OPVP requested DOJ's participation in Nation's Economic Recovery Work Group. 2 DOJ employees are participating in the Work Group. To date, the group has discussed 1) the Nation's reopening guidelines and their effects on businesses; 2) gating criteria; 3) CARES grants to businessess and artisans; 4) registered, non-registered, and "underground" businesses and other topics. The group began meeting via webex on September 9 and will continue to meet weekly.

Project # 2: As reported last 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. DOJ also finalized the Fund Management Plan for the expenditure of donations by Department of Emergency Management and that Plan was provided to Delegate Smith on August 18, however the legislation to approve the FMP has yet to be dropped for consideration.

Date: Number(s) Type of Activities & Outcome (MM/DD/YYYY) Location: Event Name: Reached: (Brief Summary) 9/3-4/20 Shiprock, Meeting with Navajos 50 Listened to Navajos and Hogback affected by hemp identified potential witnesses farming for TRO hearing 9/8/20 Navajo Mountain Meeting with Navajos 20 Presented information and regarding answered questions in Navajo Quadrilateral about the Quadrilateral Agreement Agreement 9/9/20 Shiprock Accompanied NNEPA 25 Observed NNEPA field activities, on its field inspection listened to Navajos' concerns and meet with and identified potential Navajos affected by witnesses for TRO hearing hemp farming involving Dineh Benally.

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Navajo Nation Division of Natural Resources

FALL COUNCIL SESSION 2020

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

1. Navajo Land Department (NLD) a. Homesite Lease Agents returned to the Agency Offices on July 13, 2020 to provide services to client’s via telephone, email and accepting applications. b. Electric review and approvals process for Homesite Leases (HSL) and Service Line Agreements (SLA) for infrastructure was established. c. Developed with the assistance of Vertical Bridge a draft Memorandum of Agreement (MOA) with CommNet Telecommunications for sites that will include First Net. d. GIS Section/Navajo Land Title Data System (NLTDS) was able to complete all agencies coding for the Homesite Uploader/Module, which will soon be migrated over and online. e. NLD made payments for the internet to NTUA and the title data system to Andy Frain, which were severely past due. 2. General Land Development Department (GLDD): Tribal Authorization Access (TAA) legislation. 3. Abandoned Mine Lands Reclamation (AML) a. The Office of Surface Mining Reclamation and Enforcement (OSMRE) awarded Navajo Abandoned Mine Lands Reclamation (NAMLR) Department $1.09 million for the FY 2020 grant. b. OSMRE awarded NAMLRD $3.3 million for the Kayenta Township Industrial and Commercial Infrastructure and Site Development Project per the Abandoned Mine Land Reclamation Economic Development Pilot Program for communities impacted by coal. c. Nenahnezad AML Subsidence Reclamation Project commenced August 12, 2020 to reclaimed underground coal mine subsidence problems in reducing dangerous effects and provide beneficial use (i.e., reduce pollution of surface and ground water, prevent soil degradation, improve landscape resource quality and restore or maintain beneficial use). d. Cactus Hill AML Coal Fire Project located South East of Peabody, Black Mesa, began second contract modification regarding additional costs in addressing coal fire fissures and vent holes discovered during construction activities. e. Navajo AML issued a Request for Proposed (RFP) notice to Chapters impacted by coal on FY 2020 AML Reclamation Economic Development Pilot Program grant opportunity to help fund economic development. 4. Heritage and Historic Preservation Department (HHPD) 108

a. HHPD Culutural Resources Compliance Section (CRCS) reviewed approximately 275 cultural resouce inventories; homesite/residential leases, powerlines, waterlines, roads, etc. With the Navajo government shut-down, some staff worked at home to keep up with the incoming reports and compliance. In addition to the Section 106 actions on Navajo, consulted with federal and state agencies, municipalities, and others off reservation with approximatley 40 requests. b. GIS Section is continuing to assist with improving NNHHPD services, providing IT support and upkeep of NihiDatabase. GIS staff has also assisted staff, Forestry, with the Woodsprings 2 Fire; IT assistance to staff and created map data during the shutdown. Other accomplishment include, setup/rebuilt a new computer for Shiprock office; provided Internal GIS training to staff and assisted with follow up maps for the proposed Fish and Wildlife tree thinning in the Canyon DeChelly area; continued with plotting and digitizing of mapped sites (currently 7,172); assisted with necessary map data for the RCPP project; continued to procure equipment for staff and for improved conference room video/teleconferencing; and finally secured a Zoom account for HHPD for remote conferencing in response to the pandemic. Additionally, the GIS Section continues to create shapefiles for the GIS Database for all documented archaeological sites. Department is working to develop its own web host and site, create an FTP site for clients to transmit large documents to HHPD. The new and creative processes are creating use of GIS technology to streamline internal processes to create a safe working environment for staff, and allow for remote access to records by contractors. 5. Minerals Department a. The Minerals Department (Minerals) collaborated with the DOJ and RDC on how to assist the Navajo Nation Oil and Gas Company, Inc. (NNOGC) in pursuing exploration projects when NNOGC has outstanding debt owed the Navajo Nation. The DOJ determined that Navajo enterprises are excluded from the Navajo Business and Procurement Act 12 N.N.C § 1502, therefore allowing NNOGC to pursue oil and gas exploration and development projects on Navajo. Consequently, the Minerals Department reinitiated negotiations with NNOGC on several projects including 3 separate new oil and gas leases for helium production that include: 1) Z-1 well; 2) Beautiful Mountain Field; and 3) Porcupine Dome. Minerals also agreed with Navajo Nation Oil & Gas Company, Inc. (NNOGC) to amend the Desert Creek Operating Agreement by extending the term and is in the 164 review process. A draft legislation was prepared for the Navajo Nation Council. b. Minerals completed negotiations with Mid America Pipeline Company/Enterprise for an amendment to their K701 pipeline ROW, which will allow to flow petroleum liquid or natural gas through the pipeline instead of limiting the flow to Natural Gas Liquids only. This will open up new markets for the Nation's crude oil that it takes in-kind and oil producers. The consideration payment required for this amendment will result as a one- time payment of $350,000. c. Minerals completed discussions and negotiations with NNOGC and entered into Modification 1 to Memorandum of Understanding (MOU) dated April 1, 2015. Modification 1 was entered to amend the term of the original MOU, which expired on 109

June 30, 2020. Modification 1 will extend the MOU through September 30, 2020, so that NNOGC can continue to sell the Nation’s crude oil, pending execution of a new Crude Oil Sale Contract with the Nation. d. At the request of the Minerals Department, the Division of Energy and Mineral Development (DEMD), BIA, completed a ROW market analysis to determine if Minerals Department’s ROW fee structure needed to be updated. The DEMD researched ROW data from 5 different Tribes in the Midwest Region, Great Plains Region, Southern Plains Region, Southwest Region, Western Region, and the Bureau of Land Management. DEMD compared the different fee structures in use by each organization and the corresponding fees. The fees ranged from $250/acre to greater than $100,000/acre, which equates to $2.84/rod to greater than $2,000/rod. The ROW market analysis determined that the Navajo Nation, Minerals Department’s ROW fee structure is on the mid to high end, but within the range used by other organizations. The department will continue to use its fee structure to compute consideration for ROWs. The department is in the process of standardizing all fee structures to provide efficiencies and fairness to all companies doing business on Navajo. e. Minerals completed a review of a lease relinquishment requirements for Burnham Mine, Navajo Lease No. NOO-C-14-20-2190. Minerals reviewed its lease files and prior mine inspections, which included reports on extensive research and investigations relating to the Burnham Mine monitoring wells. Prior work of the department determined that 2 out of 16 monitoring wells within the lease boundaries fell within the jurisdiction of the federal agency, OSMRE 365 acres. The 2 wells were plugged and abandoned. Out of the remaining 14 monitoring wells, 12 were reclaimed. 2 wells (Wells F and M) were never found or properly plugged and abandoned so additional research was necessary. Wells F and M were initially located along the wash embankments of Teec-Ni-Di-Tso and Brimhall Wash, respectively. According to Google Earth, the 2 washes meandered through the area from 1998-2020. CONSOL Mining Company, operator of the mine, contracted with Envirotech, Inc. to search the area extensively for the wells; Envirotech, Inc. could not locate the wells. Minerals conducted a search for the 2 wells but could not locate them. Environmental Inc. provided additional information regarding the 2 monitoring wells. Wells F and M were shallow alluvial monitoring wells with depths of 21-feet and 20-feet below ground surface, respectively. Environmental Inc. stated the 2 wells were shallow wells, not deep wells for monitoring lower aquifers; therefore, the wells could not act as a conduit to pollute surface or groundwater or allow mixing of groundwater of significantly different quality. Minerals agreed the wells may have been destroyed or buried by flooding, and that there was no surface or groundwater pollution to the underlying aquifer and vice versa. Based on application reviews of information provided by CONSOL and observations made during site inspections, the Minerals determined that CONSOL had reclaimed the necessary monitoring wells; and concluded CONSOL was in compliance with lease relinquishment requirements.

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Minerals conferred with and received concurrence from the Navajo EPA and Department of Water Resources regarding its findings, then recommended to the BIA that the Burnham Mine lease relinquishment application be approved. 6. Forestry Department a. The Navajo Forestry Department completed the main component of the Wheatfields No. 2 thinning project, harvesting trees within the identified project boundaries. Although the Department had to wait until the migratory bird breeding season was complete, at the end of July, the Department was able to complete the harvesting on the 297-acre project during this quarter. The remaining component that continues to be worked on is the treatment of the branches, and the collection of trees that are currently on the ground. Although the Department has transported some of these cut trees back to its compound, individuals are able to collect these cut trees as well, with a valid forest product permit. b. The Navajo Forestry Department continued to operate 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 personal use. In addition, firewood resale permits were only issued on Mondays, due to the weekend curfews imposed by the Health Command Operations Center (HCOC), so that individuals could sell firewood to generate income for their families. c. The Navajo Forestry Department, along with other Division of Natural Resources law enforcement personnel from the Department of Resource Enforcement and Fish & Wildlife Department, assisted with the Woodsprings 2 wildland fire. Personnel patrolled and limited people and or vehicle traffic in and around the fire perimeter for the protection of the general public and the firefighters that were dispatched to assist with suppressing this fire. The DNR law enforcement personnel provided patrol and security detail for this fire around the clock, 24 hours, for 2 weeks. The fire incident management team that was on scene appreciated the assistance from the DNR law enforcement personnel, Navajo Division of Public Safety and the Navajo Division of Transportation, all of whom assisted with this task. d. The Navajo Forestry 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. e. The Department was able to present to the Resources and Development Committee (RDC) a Timber Use Policy, which is an addendum to the Navajo Nation Forest and Woodland Regulations and covers activities the Regulations do not. For example, the BIA, Navajo Region, informed the Department that it could not sell forest products due to it not being stated within the Regulations. Now, with the Navajo Nation approved Timber Use Policy, the Department will be able to continue to provide the service of selling forest products to interested individuals. 7. Parks and Recreation Department (P&R) 111

a. The department was allocated $828,637 from the Navajo Nation CARES Act Fund by the Navajo Nation Council to respond to the coronavirus pandemic to assist arts and crafts vendors, guides and drivers that lost their job due to the closures of the Navajo Tribal Parks. Also, to provide residential infrastructure like solar panels, hydro panels to help residents respond better to the coronavirus impacts. b. Department completed discussions with NTUA to facilitate the Four Corners Monument powerline construction. The BIA approved the FONSI for the project which now needs the clearance to cross a BIA road and approval from WAPA to cross transmission line. The project will start once the clearances are authorized and tentative start date is December 2020. c. Completed project to install grates on the railing at Little Colorado River first viewpoint that will eliminate open spots on the railing that is a safety hazard for visitors. d. Completed the Department’s Central Office Re-occupancy Plans and for the individual Tribal Parks. The plans define ways to protect employees and visitors while at these offices. Requests have been prepared for alternative work schedules which will include telecommute agreements for eligible staff in accordance with the criteria established by department. a. Contract with Whiteriver Construction will commence the vendor market project at Little Colorado River with architectural design to be done by IDS. 8. Division Administration a. Land Acquisitions/Disposals: (1) Rolling Mesa Fee to Trust Application; this quarter, the Nation received notice from the BIA that the application is still pending. (2) Drolet Property/Carson Trading Post/Huerfano Chapter; again reviewed the land sale/purchase proposal. A draft purchase approval memorandum is pending approval by DNR for this purchase. Met and discussed matter with Division Administration. NLD submitted a Section 164 review package which NNDOJ sent back to complete a Real Estate Purchase Agreement and Real Estate Purchase Approval Memorandum. (3) Indian Wells Gravel Pit; the Indian Wells Gravel Pit land acquisition (Section 11, T.23 N., R. 21 E., GSRM, Indian Wells, Navajo County, Arizona, owned by Spur Land and Cattle Company), consisting of 590.876 acres, more or less, closed on September 18, 2020. This quarter, DNR had to finalize all of the closing indentures, including, Assignment of Leases for the Indian Wells Trading Post/Gas Station lease and Brimhall Sand, Gravel, and Building Materials lease, Warranty Deed, Assignment of certificated Water Rights and Bill of Sale (3 certificates No.s: 9224.000, 92225.000, and 92226.000), Affidavits of Disclosure (2 for Brimhall and Indian Wells Trading Post leases), Tenant Estoppel Certificates for Brimhall and Indian Wells Trading Post leases. Drafted the above-described real estate indentures, except the Tenant Estoppel Certificates and Affidavits of Disclosure. Also reviewed and analyzed Phase I Environmental Assessment Report and subsequent Phase II assessment reports for the 3 Recognized Environmental Conditions: AST fuel storage tanks and underlying petroleum staining, storage of hazardous materials at gravel pit and gasoline store sites, and waste water pond on gravel pit site. These 112

reports were produced by Dibble Engineering from Mr. Tim Wolf, a NDOT contractor, and written by Partner Science and Engineering, Inc. Reviewed survey plat for the property produced by Dibble Engineering. During this period, had to change the Title Insurance Company from Pioneer Title Agency, Inc. (532 E. White Willow Blvd., Pinetop, AZ 85935) to Lawyers Title Co., Inc. (1500 E. Woolford Rd., No. 102, Show Low, AZ 85901), because Pioneer Title would not issue a land title insurance policy to the Nation unless it waived its sovereign immunity from Arizona State Court proceedings. In the past several years working on land acquisitions, this is the first time a title insurance company refused to issue a land title insurance policy unless the Nation waived its sovereign immunity. Lawyers Title Co., Inc. did not ask the Nation to waive its sovereign immunity; however, it wanted the BIA to approve of the land purchase. Drafted a memorandum with legal points and authorities, with copies of federal and Navajo Nation laws, to show the title insurance company BIA was not a legal party to this land purchase and the Nation was excepted from applicable federal laws; also had to show that the Nation was a legal entity under federal law with sovereign immunity. The state and national attorneys for the title insurance company finally approved the unqualified sale of a land title insurance policy to the Navajo Nation. Lastly, the title objections letter drafted required the correction of mineral reservations in favor of parties that were not the seller and current owner of the property: 1) Indian Wells Trading Post, Inc., and 2) David Babbitt Industries, Inc. A Quit Claim Deed for Indian Wells Trading Post, Inc. and a Warranty Deed from David Babbitt Industries, Inc. were drafted and recorded to remove mineral reservations so that the seller could convey all unreserved minerals, sand, and gravel to the buyer, the Navajo Nation. After 4 amended commitments for title insurance, the Nation and seller were able to close the purchase of the property in favor of the ownership of the Navajo Nation. (4) Washington D.C. Office Building, Navajo Nation Washington Office (NNWO); the Navajo Nation is attempting to purchase land and buildings located at 11 D Street, S.E., Washington D.C., so the Nation can open a Navajo Nation Embassy in Washington D.C. This quarter, the Nation entered into a Commercial Real Estate Purchase Agreement with Sellers (Mr. Stephen Tanner and Ms. Sophia Mellos (7628 Enon Church Road, The Plains, VA 20198), effective July 1, 2020, for the purchase price of $4,800,000, plus closing costs, with an earnest money deposit of $240,000, due on or about August 15, 2020. Shortly after the 164 review for the CERPA was submitted to NNDOJ, DNR, NLD, and NNWO also submitted a draft Navajo Nation Council resolution that would obtain the approval of BFC, RDC, Naa’bik’iyati’ Committee, and Council approval of the purchase of the property. The draft resolution was submitted in the event that the Land Acquisition Trust Fund (LATF) has to be used to pay for the building. NLD submitted a Request for Direct Payment to pay the earnest money deposit from the LATF income budgeted for FY 2020 on July 1, 2020. NNDOJ reviewed the matter of whether or not NLD and DNR could utilize the income from the LATF reported by OOC to pay the balance of the purchase price. On July 23, 2020, NNDOJ issued a legal opinion in response to the 113

draft NNC legislation and DNR’s request to review the legal status of the calendar year legal authority of the DNR Division Director to purchase real property of up to 5 million dollars annually. NNDOJ’s legal opinion rejected the draft NNC legislation and stated that the DNR Division Director’s legal authority for up to 5 million dollars of land acquisitions in a calendar year met that DNR could only spend up to 5 million dollars from LATF budgeted funds (fund income) each year, which at that point in time was only had a balance of 1.6 million dollars remaining for the rest of FY 2020. NLD and DNR had to re-draft legislation that would be reviewed and approved by the BFC, RDC, Naa’bik’iyati’ Committee, and the Council to conform to the requirements of the aforementioned legal opinion. While the legislation was being redrafted, staff attended 3 different meetings involving the Attorney General, 2 Assist Attorney Generals, Controller of the Navajo Nation, Vice President, Chief of Staff, Division Director and Deputy Director of DNR, NNWO Executive Director, NLD Department Manager, NLD staff, and the President’s Legal Counsel. At the end of these administrative meetings, the Controller took the position that she would not release any funds at all for the purchase of the property unless the Council approved of the purchase of the Property, despite there being a stated income balance of 9.3 million dollars not yet accounted for in the LATF budget reporting system. As such, redrafted the draft NNC legislative bill and resubmitted to NNDOJ who approved the bill and submitted to the legislation sponsor, Navajo Nation Council Wilson Stewart. Since OOC would not pay the RDP for the earnest money, on or about July 15, staff worked with the Sellers’ attorney to draft the First Addendum to the Commercial Real Estate Purchase Agreement. Despite 3 drafts, the Seller would not extend the CREPA unless the Nation paid the earnest money deposit. As such, the Nation and sellers were not able to enter into an amended agreement authorizing extended time periods for closing, paying earnest money, and renting the property until the matter was decided by the NNC. The sellers have left the offer of sale open until December 15, 2020 and will allow the Nation to rent the property, under license, for $15,000 a month until December 15, 2020. Staff participated in meetings of the BFC, RDC and the Naa’bik’iyati’ Committee as a presenting agent for Mr. Stewart and answered questions from the various Committee members. At this point in time, the Naa’bik’iyati’ Committee has considered Legislation No. 0220-20 twice now with a vote on the matter. The legislation may be heard again at the next Committee meeting. BFC and RDC approved of the purchase and recommended it to Naa’bik’iyati’ Committee and Navajo Nation Council for approval. b. Reviewed and/or approved approximately 80 Section 164 contracts, agreements, leases, permits, and other transactions, including budget transfers, etc., including: (1) U.S.P.H.S., I.H.S.—6 applications for ROWs for domestic water line construction projects throughout the Navajo Nation. (2) N.T.U.A.—14 applications for ROWs for electrical power line extension/ fiber optic line construction for projects throughout the Navajo Nation. (3) N.E.C.A.—1 sand and gravel barrow pit lease and 1 hot plant mixing site land use permit for a road construction project on the Navajo Nation. 114

(4) B.I.A.—Road ROW for a road improvement project on N-15, Burnside, Apache County, Arizona. (5) C.D.E.C. (Continental Divide Electric Coop.) - Electrical line construction ROW, Becenti Chapter, Navajo Nation, New Mexico (Reconciliation Project). (6) Telecommunications Leases or Permits—1 Sacred Wind Tower construction lease (Twin Buttes, NM). 1 Cellular One/Smith Bagley, Inc. tower construction lease (Mariano Lake, Navajo Nation, New Mexico). (7) SJR Equine Lease application. (8) Newcomb Baptist Church Revocable Use Permit application. The foregoing application packets include biological and cultural resources clearances documents, along with their inventory/field investigation reports, draft lease or permit indenture, terms and conditions, environmental assessment/investigation report and clearance report/determination, application forms, letters for the application, maps and survey plats, and any other clearance or necessary transaction documents which appear in the NLTDS electronic review system. c. Reviewed, researched, and re-drafted (pursuant to NNDOJ’s markups) Navajo Abandoned Mine Lands Reclamation Department (AMLRD) enterprise fund management plan and drafted the required amendment to the AMLRD Plan of Operation (POO) to go forward to establish an enterprise fund and program under the AMLRD. Under the draft POO amendment, AMLRD can obtain engineering and construction services contracts for any reclamation project on the Navajo Nation, including U.S.E.P.A. projects. d. Reviewed and met with DNR officials regarding FY 2021 budget plans and allocations for payment of future real property taxes and state grazing leases to make sure that DNR and its departments budgeted funds to pay these items. It was determined that Department of Agriculture Property taxes and grazing leases would be paid from the Drought Insurance enterprise funds and NLD would pay its assigned property taxes and grazing leases with LATF funds. Listened in to Council session concerning adopting an FY 2021 annual budget. The Council later decided to approve a continuing budget for the 1st quarter of FY 2021, based on the FY 2020 budget. e. Staff was assigned to draft letter to Peabody Western Coal Company regarding keeping and transferring PWCC mine improvements the Navajo Nation wants to keep so that PWCC won’t destroy the improvements as part of their coal mine reclamation obligations under their federal mining permit and coal leases. Assigned staff is in the process of obtaining information, lists, and maps concerning existing improvements on 3 coal mine leases and mining permits. Have gathered several maps showing many of the improvements, roads, etc. now in existence at the PWCC mines, reviewing the information, and plan to tour the mines with our Minerals Department, Office of Surface Mining to look at the improvements. Today, another computer jump drive was delivered with several additional maps attached to review. Staff have been in contact with Senior Manager, Ms. Marie Shepard, Environmental, PWCC, Kayenta Mine, and received maps, improvement inventory lists, and lead paint and asbestos reports from Mr. Gary Altsisi, PE, Field Compliance Manager, PWCC, Kayenta Mine. Also met with the Minerals 115

Department, Office of Surface Mining Staff and Acting Dept. Manager, Ms. Rowena Cheromiah, concerning this project. Staff has been assigned the following Minerals Department employees to work with on this project: 1) Rowena Cheromiah, 2) Laviena Rajan, Reclamation Specialist, and 3) Brian Tsinigine, Principal Hydrologist. f. Finalized and submitted one-stop shop Plan of Operation for the General Land Development Department to assume control over all non-mineral leasing and permitting on the Nation. g. Drafted Executive Order, Woodsprings 2 Fire Closure of Navajo Nation lands in the vicinity of Woodsprings and declaring a State of Emergency for this matter. Also, drafted the 2020 Drought Emergency Declaration. h. Reviewed and drafted a memorandum as a comment of the Navajo Nation, regarding the Lake Powell Project Programmatic Agreement. This federal action project would construct a water supply pipeline from Lake Powell to communities in Southwest Utah, outside of Navajo Nation lands. The Navajo Nation is acknowledged as a “cooperating party” under the agreement, with certain advisory authority concerning disposition of any cultural property or artifacts found during construction. i. Drafted comments and recommended amendments/markups of draft Carbon Development and Marketing Agreement that will allow the Navajo Nation to market and sell carbon air pollution reduction credits on the California Air Board market generated from the Navajo Nation Commercial Forest through a marketing agent/broker, Blue Source, LLC, a Utah limited liability company. This agreement would be between the Navajo Nation and Blue Source. j. Reviewed 4 pages of the National Park Service (NPS)/Navajo Nation Quadrilateral Agreement, signed 50 years ago by the Navajo Nation. The Agreement controls development and use of Lake Powell and the Colorado River by the Nation. This Agreement unreasonably and severely limits commercial development in the Lake Powell area and along the Colorado River, and appears to take away control of Navajo reservation land on the east bank of the Colorado River -- all contrary to federal law. It appears that the Agreement was drafted by the NPS with little to no Navajo Nation knowledge or in-put to the provisions of the Agreement. The Navajo Nation does not want to grant another 50-year term to this unfair agreement. The NPS and other Department of the Interior departments and/or bureaus seem to be resisting the Nation’s demand for a new revised agreement. In any event, the Navajo Nation Council has asked for a one-year extension to allow the Navajo Nation to draft the Agreement it wants in the future. The federal government has not yet responded to this request. k. Reviewed information from NLD regarding an alternative construction site near Gamerco, NM, for the new IHS Gallup Indian Medical Center (GMIC) hospital. l. Reviewed information from NLD regarding the Rehoboth Mission School land sale offer to the Navajo Nation and general public. The land is located on the east-end of Gallup, NM, north of the Rehoboth mission school/Interstate 40 and the state frontage road that passes by the Navajo Nation Fire Rock Casino. No decision has been made to further pursue this matter.

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m. Began review of federal Administrative Law probate petitions and decision orders concerning real estate/allotment interests on or near the Navajo Reservation subject to the Indian Land Consolidation Act, as amended, the American Indian Probate Reform Act, as amended, and their implementing regulations. 9. Department of Resource Enforcement (DRE) a. COVID-19/Coronavirus continues to force Navajo departments and programs to either suspend or re-assess how daily activites are going to be conducted. As far as focusing on families the contact and communication between officers and families has been cut or restricted. It is a common understanding that families are safest when they remain isolated at home with no outside visitors and or visitation from individuals who are not immediate family members living in particular households. Therefore contact between law enforcement and families has been restricted to critical situations such as those involving emergencies, domestic violence or individuals with illness all of which are outside the realm of Natural Resources. b. Ranger Sgt. Billy was assigned to supervise the graveyard shift along with Ranger Begay and personnel from Fish & Wildlife through July 12, 2020. Navajo Public Safety and Navajo Department of Transportation (NDOT) assisted with the graveyard shift by maintaining 3 roadblocks on Route 7 near Fluted Rock and Three Turkey Ruins, County Road 27 near Nazlini and Fluted Rock road. Rangers conduct routine patrol throughout the fire perimeter and security checks on several sheep camps. Ranger Lapahie assisted to respond to Calls-For-Service within Eastern District. c. July 31, 2020 Ranger Sgt. Milford assisted Ranger Sgt. Billy conduct a reconnisiance on alleged Hemp farms along the San Juan River in the Shiprock region. d. August 16, 2020, the Steamboat Chapter Grazing Officer stated there were about 50 horses that were entrapped at a windmill waiting to be picked up. The department took 4 gooseneck trailers to pick up the horses. The same day 61 horses were entrapped and transported to Blackhat Impound yard and processed. Of the 61 horses only 10 horses were branded. On August 21, another entrapment was conducted at the same windmill and 50 horses were picked up. e. Central and Eastern Districts provided security detail at ACS Centers for Chinle and Shiprock. f. During the July 4th weekend Ranger Nez and Ranger Sgt. Phillips provided patrols in Tsaile with objective of fire prevention and make contact with the public in the area and remind quarentine was in effect, public education regarding COVID-19 was provided. 10. Fish & Wildlife Department (F&W) a. Accomplishment 1, 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 Navajo Nation 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, Central Dispatch Unit continued to provide communication services for all DNR law enforcement personnel without interruption. Other essential functions continued to 117

operate during the government shutdown are the lakes trash maintenance, environmental reviews and biological clearances, dog bites and livestock damage responses and predation issues. All non-exempt personnel on duty during the Navajo Nation government shutdown were compensated under the Special Duty Pay procedures. On August 17, 2020, all Department personnel returned to work and provisions of the Department’s Return to Work Plan were initiated. All offices, including the main office, the Navajo Nation Zoo, Animal Shelters, NN Fish Hatchery, Nenahnezad field office and the Central Dispatch Unit were opened for Department personnel but remained closed to the general public. Building occupancy limits were established for all facilities in order to comply with social distancing standards and staff were provided with protective clothing including masks, hand sanitizer, sanitizing wipes and other personal cleaning supplies for use at work stations. All Department facilities will remain closed through the duration of Orange Status designation. b. Accomplishment 2, BIG GAME HUNT APPLICATION PROCESSING/PERMIT DRAW: In spite of the Navajo Nation government shutdown, the annual processing of big game hunt applications continued without interruption and with little to no contact with the general public. Applications submitted prior to the established deadline of July 10, 2020 were screened for eligibility and completeness. All applicants were then entered into the hunt database in preparation for the hunt draw. The data entry was completed by staff teleworking from home. The hunt draw took place on July 27 and 28 and the results were finalized on July 29. The hunt permits were mailed the week of August 3rd. Leftover hunt permit sale was held on August 10 and this sale was held without contact with the general public. c. Accomplishment 3, PERSONNEL VACANCIES FILLED: 3 permanent personnel positions were filled during the 4th Quarter, in spite of the NN government shutdown. All recruitment and hiring tasks were completed remotely and through virtual technology. The positions filled were Zoologist (Natural Heritage Program), Kennel Officer (Animal Control - Tuba City), Wildlife Technician (Climate Change) and 2 Contract Ranch Hands (Colorado Ranch Enterprise). d. Accomplishment 4, WOOD SPRINGS FIRE EMERGENCY RESPONSE: Wildlife Law Enforcement personnel and Animal Control personnel provided direct emergency response at the Wood Springs Fire near Sawmill, AZ. Law Enforcement personnel manned roadblocks and patrolled closed areas to keep the general public out of these areas. They also assisted with evacuations in the area. Animal Control personnel assisted with roadblocks and patrols, and responded to reports of pets being left behind when residents evacuated. Department technical staff also assisted in the post-fire emergency response effort at the Wood Springs Fire event. The Wildlife Biologist assisted the Burned Area Emergency Response (BAER) team by serving as the Wildlife Specialist and drafted a Biological Assessment for impacted area. This resulted in a new and improved fencing specification and a new seed mix for the burned area that will benefit mule deer and elk in the future. e. Accomplishment 5, REVENUE GENERATION: The Wolf Springs Ranch participated in a video livestock auction out of Sheridan, Wyoming and 305 cattle calves were sold 118

which generated $17,606. A total of $644,570 was awarded from external funding sources for bighorn sheep research and San Juan River Refugia project. f. Accomplishment 6, CARES ACT PROJECT EMERGENCY CLEARANCE PROCEDURES: The Natural Heritage Program developed emergency biological clearance procedures for Coronavirus Aid, Relief and Economic Security Act projects. 11. Department of Water Resources (DWR) a. Irrigation Systems: Continue to provide water to Upper Fruitland and Hogback Irrigation systems from the San Juan River during the COVID-19 pandemic. Navajo DWR Technical Construction Operations Branch (TCOB) staff were deemed essential to complete this task. This process included monitoring of canals, work on pumps and coordination with farmers. Provided water to the Ganado Irrigation system from Ganado Lake in coordination with Farm Board. Stall also continue to work on processing the purchase of supplies and equipment during this time. b. Livestock Water Wells/Water Storage: TCOB staff continued to work to repair windmills pursuant to being deemed essential during COVID-19 pandemic. NDWR staff repaired almost 200 windmills during this quarter, worked on installation of storage tanks and began work on earthen dams in Cameron and Bodaway Gap Chapters. Stall also continued to work on processing the purchase of supplies and equipment during this time. c. Developed water related-project listing for potential funding from CARES Act in coordination with Navajo Tribal Utility Authority, Indian Health Service and others. Provided updates on projects listing to Legislative and Executive leadership. In mid- August, leadership funded NDWR $130 million to coordinate work on water projects through CJY-47-20. d. 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 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. 12. Navajo Nation Museum Despite the closure of the Navajo Nation Museum building to the public, the Museum has been working closely with Office of Management and Budget (OMB), Navajo Nation Library, Office of Miss Navajo and Navajo, and Parks & Recreation Department to continue providing inter-departmental support in addition to maintaining its own administrative, financial and building upkeep/ maintenance needs, as well as providing certain public requests in a manner that is safe for employees and all involved. Through this difficult time, staff remained committed and strive to continue operations to aid all, when and where able, with safety at the forefront of the facility. a. The Navajo Nation Museum applied for a grant through the Institute of Museum and Library Sciences to fund the creation and distribution of a new animated series based on 119

the Navajo Coyote stories. It is proud to announce the Navajo Nation Museum awarded a sizeable amount of funds to help continue the cultural outreach and language preservation initiatives while adhering to the CDC’s COVID-19 prevention guidelines. b. In order to provide suitable infrastructure for the benefit of online learning, the Navajo Nation Museum established outdoor utilities and a designated area for students to access online learning portals, as well as a safe place to study along with access to electrical outlets which is necessary to power learning tools such as laptops. Though the building is still closed to the public, it felt it was important to provide such learning/education portals, free of charge. c. The Museum staff successfully acquired needed PPE to safeguard its staff and others that occupy office spaces within the building. Items including bleach (or other disinfectant solutions), alcohol-based hand sanitizers, recommended face coverings for all staff (and visitors, if needed) along with essential materials such as temperature thermometers and sneeze guards, to carry us through the calendar year. d. As the Museum shares the building with several other offices, stringent screening protocols were established for the safety and well-being of all. Such measures include tracking every employee as they enter and depart the building, and requiring temperature checks. Also required face coverings at all times, provided soap and sanitizers so staff may wash hands regularly and social distancing is strictly enforced. 13. Navajo Nation Department of Agriculture (NNDA) a. Range and Farm Management (1) Provided customer service by telephone, email, teleconference calls, and in person. Answered District Grazing Committee (DGC), Navajo Nation Council, OPVP, NN DOJ, Legislative Council, White Collar Crime, Ethics and Rules questions, provided guidance, conducted research and provided source documents. Also, provided update on the CARES Act, agriculture issues, Agriculture Infrastructure Fund (AIF), Election Office, hemp cultivation, COVID-19, etc. as discussed by the RDC, NNC, and OPVP. Extension Agents from Northern and Western agency reported participation in 55 teleconference meetings for a total of 151 hours. Principal Planner participated in 59 meetings for a total of 161.15 hours. Northern Extension Agent also provided 10 hours of communication and 11 hours of dispute resolution. Principal Planner assigned 9 disputes to Extension Agents and provided 9 hours of dispute resolution. (2) Northern Agency Extension Agent completed Crop Inventory for Navajo Water Resource Branch for farms in Shiprock; traveled 82 miles and applied 15 hours; traveled 2,374 miles and applied 39 hours, also attended 84 hours. (3) Worked with Navajo Nation White Collar Crime, Ethics and Rules, Department of Justice, Legislative Attorney, Resources and Development Committee, Division of Natural Resources, BIA/BNR, Joint Farm Board, DGC to provide information on the illegal practices with regards to hemp. In addition, the San Juan River Farm Board (SJRFB) meeting minutes, officers, and rules/regulations information were provided. (a) SJRFB’s overarching authority has (1) expanded hemp production illegally on idle/non-probated farms, (2) transferred Land Use Permits of the deceased 120

without Court actions, (3) approved access road development for hemp farmers, (4) removal of a board member, (5) repeated attempts to remove a second board member, (6) limited public access to public meetings, and (7) refusal to work with the NNDA. As such the SJRFB is operating against Navajo Nation laws, rules and regulations by passing resolutions not within its authority and which personally benefit the Chair and 3 members whom all cultivate hemp. Legislative Attorney wrote letter (08.18.2020) advising SJRFB did not have authority to remove a member, however, SJRFB insists “. . . it is just an opinion.” (b) Worked with Joint Farm Board and all DGC agencies to review and consider resolution against hemp and to investigate the SJRFB. The Joint Farm Board, Joint NPL and Northern Agency DGC passed supporting resolutions. (4) Worked with the DGC and Major Irrigation Farm Board (MIFB) to pass supporting resolution to carrying over unused FY 2020 funds to FY 2021. Funds were not completely expended due to the pandemic – chapters not meeting, public not willing to meet, Navajo Nation stay-in-shelter ordinance, weekly curfews, etc. The agriculture elected officials request the funds be used for agency meetings, redesign permittee meetings to quarterly district meetings, office supplies, computer equipment, and additional mileage. b. Veterinary Management (1) Tse Bonito Veterinary Clinic completed 4th Quarter with elevated numbers in both clients and patients seen. Clinic is operating throughout the pandemic with Dik’oos Ntsaaigii-19 Protocol developed by staff. (2) Chinle Veterinary Clinic (1 permanent, 1 temporary veterinarian staff) increased overall clinic revenue. With assistance from Dr. Upshaw-Bia, Veterinarian and the Tse Bonito Veterinary Clinic, the clinic provided reasonably priced spay and neuter surgery services. (3) Shiprock Veterinary Clinic managed to keep the clinic open on certain days with limited hours since the beginning of the pandemic to ensure clients receive the veterinary services requested for pets and livestock. (4) The Veterinary Clinic Mobile Unit has been travelling to satellite clinics to help the clinics with minimal staff. The Mobile Unit staff have been able to keep one satellite clinic open for basic veterinary services, routine spay and neuter services, annual examinations and slight medical attention needed.

CHALLENGES

1. Navajo Land Department (NLD) a. With the Covid-19 Pandemic the department safety precautions were in place in order to open the office back to the public. All duties and responsibility are handled electrically and automated All contacts with the public, clients and entities are handle with telephone, email and text.

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b. NLD does not have the personnel to enforce Navajo Nation land related laws, regulations, sanction, collections of fines that could generate new revenues. New Plan of Operation and Homesite lease regulation approved enforcement authority and responsibility to the department. However, no funds were appropriated for compliance officers to address disputes or violation of regulations. c. NLTDS funding is delinquent one year. In order to get current, 2 years of payment needs to be made, which the NLD programs do not have. GIS Section/NLTDS is set back when the system is not paid for and no support is available until payment had been made. The department needs more funding set aside for the NLTDS which is the future for the Navajo Nation. d. GIS Section/ NLTDS loss 2 vital positions, GIS Analyst and Sr. Information Systems Technician were vital to help with the GIS and information technology, server input/output information. e. A major challenge is the process of making payments through the Navajo Nation Office of the Controller (OOC), Accounts Payable and Purchasing. Department got different opinions on how to make payments from different individuals with OOC instead of having a solution that should be a standard procedure. Also, experiences with OOC, there is lack of communication, no answering of phones, messages left with no responses, emails sent with no responses, any solution to these issues would help the Department Section, Departments, Divisions, and the overall Navajo Nation government. 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 the NN Declaration of Emergency and Shut down there was a very 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 Y.O.U.T.H. b. Due to the 164 Review Process, the overall time for contract modification took at least 4 months to complete. c. The Kayenta Township AML Pilot Project is time consuming for NAMLRP first grant award and compiling with new OSM grants requirement. d. AML has been unable to secure a Navajo Nation computer server to host the GIS database as discussions with Navajo Department of Information Technology and Land Department have been unsuccessful. 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. 122

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. Due to heightened uncertainty over the pandemic and the economic recovery, OPEC again revised its projections downward for global oil demand this year. This uncertainty affects Navajo producers who remain skeptical and hope everyday their wells can survive the stress caused by curtailing production either because of low demand or because of storage issues. Producers have not been producing at full capacity because demand in the area is low (which is the reason for the closure of the Gallup Refinery). Low demand is the result of the pandemic and stay-at-home restrictions had an effect on gasoline consumption, which in turn had an effect on the amount of oil that is refined. When oil could not be refined because of demand issues, oil was stored until there was no more storage capacity. With no more oil storage capacity, Marathon Refinery could no longer purchase oil from Navajo producers. Marathon Refinery then permanently idled its Gallup refinery, which is the only active refinery in the Four Corners area. Marathon stated that it will continue to purchase oil from Navajo producers and will transport the product to its El Paso Refinery; however, this may impact Navajo producers negatively if Marathon increases transportation fees. There are no updates on what Marathon plans to do with the Gallup refining facilities. b. The Navajo Nation government reopened its offices on August 17, 2020 after COVID-19 idled businesses and personal lives in mid-March 2020. Throughout the shutdown, Minerals, Mine Safety & Health Program still answered phone calls and took down names and contact information for when the time came when the program would begin New Miner and Annual Refresher classes again for the public.

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The ultimate goal of the program is to foster a conducive and safe environment for the instructor and students. Given the classroom size and utilizing necessary CDC protocol and recommendations, what was once a 20+ classroom atmosphere, has been socially distanced to approximately 5 students per class. As of mid-September 2020, 3 students were trained and classes will be held through the end of the month. There remains 11 days in the month of September so the program remains hopeful that we can come close to providing New Certification and Re-certification to the original goal of 120 students in FY 2020. c. Throughout the shutdown, Minerals’ employees continued to work via teleworking. While work was completed, teleworking slowed the process down. This was a challenge to the department for completing its goals. There were 5 employees who reported to the office each day to keep department operations going. There were an additional 6 employees whose worksites are in Aneth, UT, and Shiprock, NM who continued to perform oil and gas lease inspections in the field. Other mine inspections, training, and other activities requiring group were put to a halt. 6. Forestry Department a. A major challenge in initiating any forest management treatment project, is receiving an environmental decision from the BIA, Navajo Regional Office. It is taking the BIA, Navajo Region a year to issue an environmental decision for a project, in which all the project information was was provided for review. b. Another challenge has been funding from the BIA, Navajo Region. Previously funds used to be provided to the Navajo Forestry Department as a lump sum allocation, including Tribal Priority Allocation (TPA) and One-Time funds. Currently, when received, these funds are now placed into individual contract accounts, which has created concerns and issues regarding personnel funded under these accounts. This process is causing uncertainty with personnel, as some personnel are not funded for an entire year. 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)

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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 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 125

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) a. Challenge 1, Agriculture Infrastructure Funded projects that were awarded to the Department have been severely impacted by the Navajo Nation government closure from March 2020 to August 2020. Since the duration of the closure occurred during the optimal field season for the Department, many of the AIF projects were not completed. The Director submitted a request to the Office of Management and Budget (OMB) to extend the AIF business units for up to 1 year for Year 1 and Year 2 funding cycles. Additionally, Navajo Nation Project Schedules were updated and submitted to OMB as part of the extension request. The Department has not received any feedback from OMB on the extension request. b. Challenge 2, due to the COVID-19 Public Health Emergency, the Department failed to meet approximately 50% of performance measures in the 4th Quarter. Majority of field operations were suspended due to the government shutdown. Essential staff continue limited operations and most staff teleworked from home. Additionally, in order to continue to maintain social distancing standards in Department facilities, many Department employees continue to rotate between office duty and telework duty. Work schedules for these facilities have been developed. c. Challenge 3, special duty pay for Exempt employees has been calculated; however, funding is virtually non-existent to pay exempt employees for their special duty status during the Navajo Nation government shutdown. Therefore, the special duty pay requests will be processed using FY-2021 funds in October 2020. Special duty pay for all non-exempt employees were processed for each pay period this pay was generated. d. Challenge 4, 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 has 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. As of September 18, 2020, there has been no response from Moss Adams or the OAG. e. Challenge 5, several major field activities are approaching and travel requests will be submitted for staff to assist even though off-reservation travel restrictions remain in effect. The Department cannot delay or cancel these field events and if done so, may result in fish and wildlife mortality and loss. On the reverse side, Department personnel who reside off the Navajo Nation are still being discouraged from traveling on the Navajo Nation for field work. Existing Public Health Orders are restricting staff ability to travel to the Navajo Nation to conduct field work. 10. Department of Water Resources (DWR) a. COVID-19 Pandemic has caused delays in work and processing of documents.

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b. Lack of adequate office space for all NDWR staff to return to work. Some staff are able to submit telecommuting requests to Personnel Management but some are unable to due to nature of work. c. Office of the Controller (OOC) remains understaffed to timely process documents for CARES Act funding for the Navajo Nation. d. Department has had to utilize its own funding to pay for Special Duty Pay. Deadlines for end of fiscal year made it difficult to process needed budget transfers. e. The equipment used for drilling, construction, rehabilitation, repair and maintenance of water wells, windmills, earthen dams, storage tanks, waterlines, irrigation canals, diversions, ditches, drainages, siphons, gates, pumps are very old/obsolete. Equipment needs a capital outlay replacement. The availability of equipment continues to go down due to breakdowns, non-availability of parts and downtime is increasing. Inadequate manpower, supplies and materials for construction, repair and maintenance is resulting into safety issues and declining direct services to our Navajo people at chapter/community level. Need additional manpower to address the safety issue and workload. 11. Navajo Nation Museum a. With Navajo Nation employees returning to work on a daily basis the Museum require all staff to adhere to the protocols of occupying the Navajo Nation Museum workspaces, these include signing in and out, taking temperature checks every time upon entry, face coverings at all times and social distancing when holding meetings. As with all new processes there has been some pushback that was handled on a person to person basis in order to keep everybody safe and healthy. 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. Spring and early summer have historically been the times of high visitation, purchasing from the gift shop and family related events that rented the conference rooms for birthday parties, weddings, banquets, graduation celebrations. 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 the gift shop. The Museum had 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) NNDA staff including 144 agriculture elected officials are not provided adequate PPE to provide daily services (frequently change masks, gloves, sanitize hands, aerosol spray, cleaning materials). (2) Funded AIF projects are on hold due to COVID-19 as such project fund and project deadlines will be hindered. (3) Equine Reward Program was abruptly shut down thus putting a hold to community led removal of feral horses. The increasing horse population is exacerbated by the continuing drought and severe lack of forage all across the Navajo Nation. Livestock

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compete with human need for water as demonstrated by long lines at chapter and community wind mills and water sources. b. Veterinary Management (1) The pandemic presents a challenge to operate at normal levels. Staff are following the NNVM Dik’oos Nstaigii-19 protocol which involves limited capacity and elevated maintenance levels – PPE, disinfection, communication through phone and limited direct contact with clients. (2) The Shiprock Veterinary Clinic has no doctor on site; which limits daily intake to basic routine vaccinations, referring other veterinary services to other clinics with the area. Due to the pandemic there are limitations for clientele and patient intake to help enforce the social distancing in the area for the safety of the staff and the general public. (3) The reduction in fund availability due to no or little revenue generated this has caused the clinic to eliminate much needed positions. The program is currently operating with limited number of staff. (4) The reduction in funding also limited the program’s ability to upgrade its outdated equipment. The staff continue to operate utilizing equipment from over 10 years ago.

Project #1: NLD; GIMC replacement site evaluation is being handle by DCD Staff with IHS. Project #2: NLD; Appraisal of sites for proposed acquisitions for economic development. Project #3: NLD; DNR and OPVP agreed to the Navajo Nation Washington Office (NNWO) property purchase at the end of 2019. The proposed purchase is in the legislative process for the 2/3 votes required using the principal funds of the Land Acquisition Trust Fund (LATF). Project #4: Navajo AML has been awarded FY 2020 AML grant for $1.9 million. Project #5: Navajo AML; completion of 8-week series of meetings to kick-off discussions on Tuba City is UMTRA risk-reduction efforts by way of participants in the National Laboratory Network working groups. Project #6: Navajo AML; OSM is Pilot Project funding Kayenta Township with FY 2018 allocations and is assigned a business unit. Project #7: P&R Department assistance to the Department of Health in the delivery of hay and food supplies to various communities; and the maintenance crew was able to make deliveries to Dilkon, Ramah, Tohajileeh, Chinle and Lechee. Project #8: F&W; Division of Community Development (DCD) Project Review Coordination status report on the action items established to address the biological review backlog for projects at the DCD: Natural Heritage Program submitted a funding proposal to expand the Environmental Review function. The proposal totaled $205,415 was to be incorporated into DCD’s $7 million funding package for Siihasiin funding. Project #9: F&W; Biological Review/Compliance for NTUA’s Light Up Navajo Projects: NTUA cancelled the Light Up Navajo initiative due to the COVID 19 Pandemic. However, approximately 24 Biological Resource Compliance Forms were completed prior to NTUA cancelling the initiative. Project #10: DWR - 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. 128

3. Cutter Lateral/Eastern Navajo Water Pipeline - $365,000 is contracted with Souder – Miller and Associates 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 Souder-Miller & Associates complete for planning and design work. 4. Chapter Water CIP Plans – 2017a - Kayenta, Chilchenbitoh, 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, Chilchenbitoh, 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, Corn Fields, 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 October 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 October 2020. 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 will be completed by November 2020. 9. Chapter Water CIP Plans – 2020 – Funding in 2020. Budget forms will be submitted to OMB by November 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 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 November 2020.

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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 (NM) who is contributing $1,320,000. An extension for the NM TIF funding was submitted to NM 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 NM 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 Souder Miller and Associates. 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. 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. 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. 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 130

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 Souder Miller and Associates. 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. NM funds are also contributing toward this project. CARES Act funds will also be utilized to complete 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 will be completed by August 2020. 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. 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. 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 Souder- Miller & Associates for $500,000 completed. This project builds upon plans funded by U.S. Bureau of Reclamation 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. The MOA is planned to be finalized and executed by October 2020. Project 11: DWR – New Mexico Funded Projects: New Mexico (NM) funded projects are projects submitted by chapters and are on the Capital Improvements Projects listing in coordination with Navajo Division of Community Development (DCD). Projects can be funded through the NM Tribal Infrastructure Fund (TIF), Capital Outlay Funds, NM Water Trust Board or other NM agencies. All of the funding agreements are processed by the Navajo Nation DCD. The lead agent is assigned by Navajo DCD. The Water Management Branch (WMB) of the Navajo Department of Water Resources is assigned as the lead agent to complete the planning, design and/or construction projects for water/wastewater systems projects funded by NM. 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. 131

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 (Souder-Miller & Associates). Finalized construction bid documents. Project was bid out in July 2020. Bids received on July 31, 2020. 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. 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. Contract with engineering firm submitted in May 2019 in the amount of $83,000. Confirmed land status and began surveys. 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. 7. Shiprock Wastewater System (NMED - $100,000) - Agreement began on 3/6/2017 and ends on 6/30/2020. Planning, design and construction of wastewater system improvements. Drafted Preliminary Engineering Report (PER). Project will end with completion of PER. 8. 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 of the Navajo Nation in Bernalillo County. Contract with engineering firm (Souder-Miller & Associates) 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. 9. 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 (Souder-Miller & Associates) in November 2020. 10. 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 132

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. 11. 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. 12. 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. 13. 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. 14. 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 the Navajo Nation in San Juan County. Contract with engineering firm (Souder-Miller & Associates) submitted for approval in December 2019 in the amount of $90,000. 15. 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 of the Navajo Nation in McKinley County. Contract with engineering firm submitted for approval in May September 2019 for $100,000. 16. 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 extensions. Contract with engineering firm submitted for approval in October 2019 in the amount of $501,113. 17. 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 of the Navajo Nation in McKinley County. Sole Source with NECA approved. Contracts being drafted. 18. 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 of the Navajo Nation in San Juan County. Discussions with Chapter and NTUA ongoing. Sole source approved. Need to request for Notice of Obligation. 19. 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

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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.

OUTREACH AND COMMUNICATION

Date Number(s) Type of Activities & Outcome (MM/DD/YYYY) Location Event Name Reached (Brief Summary) 08/26/2020 WR Northern Agency 30 NLD: Presentation on Open Fairgrounds Grazing Range Burials and Land Committee Disputes Meeting 09/03/2020 WR Sports Chinle Agency 30 NLD: Presentation on Open Center Grazing Range Burials and Land Committee Disputes Meeting 09/10/2020 WR Sports Ft. Defiance 30 NLD: Presentation on Open Center Agency Grazing Range Burials and Land Committee Disputes Meeting 08/12/2020 Virtual NAMLRD 27 Chapters Chapters who are impacted by announcement coal, in accordance to AML is of opportunity GIS mapping of reported grant to chapters abandoned mines was sent impacted by coal information to apply for OSM is for economic Public Facility Project (PFP) development. grant to accommodate infrastructure. 06/23-25/2020 Online F&W Hunter’s 20 A Hunter Education class was Education Class taught for DFWL personnel. 99% passed the test and were certified as safe hunters. The Range Day/Field Day will be scheduled September/October. 07/01-9/30/20 Wheatfields Lake Closures 600+ F&W provided information of Lake and the closures. Asaayi Lake 07/01-09/30/20 Navajo COVID-19/ 500+ F&W provided information on Nation-wide Curfew/Public Public Health Orders and Health Orders COVID-19 Prevention. 07/19/2020 Wolf Springs Meeting with 02 F&W/WSR: Discussions on Ranch Superior livestock auction and signed (WSR), CO contract for Sheridan sale.

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Livestock Auction Rep 07/21/2020 Wolf Springs Phone contact 05 F&W/WSR: Head gate Ranch, CO with National diversions and monitoring. Park Service/field Repair and upkeep on the visit to Hudson Hudson. Timing of irrigation. and Medano ditch head gates. 07/30/2020 Wolf Springs Meeting with 04 F&W/WSR: Overview of water Ranch, CO Water rights, irrigation from Native Commissioner water, transmountain and futile. Monitoring and allocation of water use. 08/10/2020 DFWL Main F&W Big Game 300 Accepted and processed hunt Office Hunt Leftover applications via no contact Permit Sale drive-through/drop-off process. Approximately 80% of the left-over permits were sold on August 10th. 08/12/2020 Online Ancestral Lands 05 F&W: Dineh Native Plants Southwest Program led a virtual botany Conservation training re: taxonomy, plant Corps Botany identification, herbarium Training voucher collection and key plant family characteristics. 08/21/2020 Wolf Springs Superior 3,000 F&W/WSR: Participated by Ranch, CO Livestock video phone with Superior auction at representative on the Bighorn Sheridan, WY Classic cattle calf sale. Sold 305 calves. 08/21-22/2020 Wolf Springs J&M Ranch 07 Staff meeting: set goals and Ranch, CO Management objectives and new work plans. and Colorado Ranch Enterprise Meeting 06/12/2020 - NN Museum Finalized 16 NN Museum: The grant 09/4/2020 Application for application process was IMLS grant completed, approved and through CARES awarded through the Institute Act of Museum and Library Sciences. 9/4/2020 – NN Museum Production and 1000+ NN Museum projects to 9/30/2021 various screening of New complete and begin drive-in communities style screening for the 135

across the Animated Coyote upcoming and brand new Navajo Stories Animated series of Navajo Nation Coyote stories in the Navajo Language.

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Navajo Nation Environmental Protection Agency

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. Finalized a guidance letter for potential 401 Certification applicants on how NNEPA will address certifying 404 permits under the new WOTUS Rule.

2. Worked to get Speedy’s Truck Stop in Lupton, AZ to fix a leaking, collapsed sewerline under a BNSF railroad bridge.

3. USEPA approved the Navajo Nation's application for PWSS Program primacy enforcement authority and recently revised by adopting the Arsenic Rule, CCR Rule, Filter Backwash Recycling, Lead and Copper Rule.

4. SEPA approved the Navajo Nation's application for treatment as a state for Air Quality under the Part 71 program for the Former Bennett Freeze Area.

5. Played a role in the establishment of USEPA's new Office of Mountains, Deseret, and Plains, which will focus on enhancing the Navajo Nation's role and expediating clean-up of AUMs on the Navajo Nation. As part of this, NNEPA hosted several high ranking USEPA officials this month, which included AUM site tours on eastern Navajo.

CHALLENGES

1. The COVID-19 virus has impacted day to day operations, but we comtinue to do our best to maintain our day to day work.

2. The Trump administration continues to bombard tribal envionmental programs with regulatory roll backs on environmental laws that protect our nation's land, water and air. In turn, USEPA doesn't allow ample time for review, comments, and consultation. Also, USEPA doesn't generally consider tribal comments into changes to these environmental laws.

3. Illegal trash dumping continues to be a big issue across Navajo.

Project #1: NNEPA is working with the NTUA, Division of Economic Development, BOR, Indian Health Service’s OEHE, BIA, DWR, and I.H.S-HQ on addressing water emergency needs.

Project #2: NNEPA has been a part of responding to the hemp farm crisis in northern Navajo.

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OUTREACH AND COMMUNICATION

Date: Number( Type of Activities & Outcome (MM/DD/YYY Location: Event Name: s) (Brief Summary) Y) Reached: 8/11/2020 Vitural RTOC 60 R9 Environmental Mtg and I (NNEPA) shared cultural importance of land, air & water. 9/24/20 Virtual USEPA 89 NNEPA Executive Director presented on how to work with tribal nations and what things are important to understand in doing so.

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Navajo Nation Telecommunications Regulatory Commission

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

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MAJOR ACCOMPLISHMENTS

1. Submitted 2.5 GHz EBS Application. 2. Presented multiple proposals from service providers on Navajo Nation for CARES Funding. Both were approved and signed into law. 3. Provided a letter of support from NNTRC to strengthen service providers application for the Rural Digital Opportunity Fund from the FCC. 4. Completed MOA with a service provider for FirstNet buildout.

CHALLENGES 1. COVID-19 has delayed many processes and operations within the government and working with outside vendors.

Project # 1: FirstNet – Completed MOU with Land Department to help expedite the buildout of FirstNet.

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Navajo Nation Veterans Administration

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

142

MAJOR ACCOMPLISHMENTS

1. The NNVA retained a temporary Deputy Executive Director to assist with bringing more direct services to the veteran population within the Navajo Nation.

2. The NNVA has established a better dialog with the Navajo Nation Veterans Advisory Council with the new members placed on the Council by their agencies.

CHALLENGES

1. One major challenge facing the NNVA is the inability to move legislative amendments through the system. The process requires input from too many levels and the end result never meets the needs of 100% of the veteran population.

2. The second major challenge facing the NNVA is the NNVAC's ability to pass information to the veteran population. The NNVAC has the direct interaction with the NNVA Executive Director and is responsible for both representing the position of the veterans and for passing information back to the veterans to keep them informed. There are aspects of this process that are broken, and veterans opinions from the grass roots level are not being heard, and commanders at all levels are not passing word back to their veterans.

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Navajo Nation Washington Office

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

144

MAJOR CHALLENGES

1. Program Improvements (Software) - During June/July 2020, the Navajo Nation Washington Office migrated to Microsoft 365 – a packaged, cloud-based productivity suite – to improve access, collaboration, communication, and record keeping. This transition was the end result of many months of planning, coordinating, and implementing the change. With increased cloud and storage space, the Navajo Nation Washington Office continues to make incremental steps in storing and maintaining critical files while also reducing paper waste. This transition was timely given the impact of COVID-19 and the need to telework during the summer months.

2. Program Improvements (Digital Technology) - The Navajo Nation Washington Office continues to replace outdated computers incapable of running current software or accessing current internet speeds. Many staff members had desktop computers that limited their mobility and access to office files when attending meetings offsite or traveling to Window Rock, AZ for work. NNWO now has four (4) Macbook Pros, allowing staff members to work from just about anywhere with Wi-Fi or internet. NNWO will continue to replace digital technology where necessary in the next fiscal year.

3. Renovation of NNWO – In late May of 2020 the office suite two floors above the Navajo Nation Washington Office was flooded, which in addition to the pandemic, made it impossible for staff to occupy the suite because of water damage and potential mold. In September of 2020 Navajo Nation Office of Risk Management assisted us in securing a contract to restore the space. It was an opportunity to discard damaged property, clean out old files, and let go of clutter. We painted our offices using the colors of the Navajo Nation flag so that Dinetah is etched into our walls. The NNWO expects to be fully functional by the end of October 2020.

4. Top 3 Issue(s) Advocated For:

1) COVID-19 Support – The NNWO continues to monitor funding and policy issues as they pertain to the COVID-19 pandemic. Most significantly are NNWO efforts to have funding provided by the CARES Act extended until December of 2022. In July 2020, NNWO was at the epicenter of strategizing and compiling data submitted to the U.S. Department of the Treasury (Department) on behalf of the Navajo Nation for its respective share of CARES Funding. This was no easy feat. Hundreds of emails and calls were dispatched to reach all Navajo chapters, enterprises, schools, 638 healthcare facilities, and entities within the Navajo Nation government to obtain the necessary data. NNWO then sorted and prepared the data for submission. NNWO did this twice after a second request from the Department. The dedication and commitment displayed by NNWO staff to see the Nation’s submission through is truly admirable – the long hours (often working past 10 145

pm and even after 2 am on submission day), paid off. Over $714 million was eventually awarded to the Navajo Nation to help bring desperately needed relief to Navajo families. The NNWO has also facilitated bi-weekly calls with the NN divisions and our congressional delegation, keeping everyone apprised on COVID-19 developments on the Navajo Nation and where legislative support is needed.

2) BIE Schools – NNWO continues to advocate for increased broadband and technology to support Navajo children’s return to school, whole remaining steadfast in their opposition to in-person learning.

3) Sovereignty - NNWO continues to advocate for and support sovereignty as the basis of our mission in DC. Support for clemency for L.C. Mitchell, increased or preservation of funding, and extension of the Quadrilateral Agreements governing the Glen Canyon Area are examples.

5. Draft Testimonial Statements – Developing and facilitating the voice of the Navajo people speaks directly to the mission of NNWO. This Quarter we have developed and provided the wherewithal for our President, Vice President, and other leadership to present on issues including urgent COVID-19 needs, issues surrounding the USPS, and Appropriations. We’ve supported these legislative initiatives via other collateral included letters to the Hill regarding the opening of recreational facilities on the Navajo Nation, extension of the CRF deadline, how CARES Act funding should be implemented, and flexibility regarding how TANF is implemented in Indian Country. Our advocacy is directly responsible for the temporary extension of SDPI through the Continuing Resolution for Appropriations.

CHALLENGES

1. Staffing - The Navajo Nation Washington is not adequately staffed and wishes to fill four vacant positions: Two Government and Legislative Affairs Associates, an Administrative Services Officer, and an Administrative Assistant. We’d eventually like to add an additional 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 has not been able to maintain adequate communication with the Nation, achieve program metrics, and cover topic areas sufficiently. We continue to seek support and assistance from the Department of Personnel Management in filling these positions soon.

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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.

4. Standard Operating Procedures & File Maintenance – The Navajo Nation Washington Office lacks standard operating procedures and complete records. Next year, we hope to prioritize this area to develop standard operating procedures. With the transition to Microsoft Office 365, we will be able to keep and maintain a system of electronic files beginning 2020. We are also projecting that the hiring of an Administrative Services Officer will help us realize goal.

Project # 1: Resources and Grants Team – Through July 2020, NNWO hosted weekly Resources and Grants Team Meetings to discuss grant opportunities and challenges. The purposes of the meetings were to 1) encourage grant applications; 2) assist writers; and 3) to promote communication among various departments (for joint applications). Due to low attendance, the meetings came to a halt. The team also generating a report noting several areas of opportunities and challenges when seeking grant opportunities.

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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OUTREACH AND COMMUNICATION

148

149

Navajo-Hopi Land Commission Office

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

150

MAJOR ACCOMPLISHMENTS

1. Navajo Thaw Implementation Plan: • Regional Plan completed • Three Grant Applications submitted by Contractor to various grantors approved – 1 approved; 1 pending and 1 submitted • Western Navajo Agency Food & Water Security Initiated Pilot Project in Collaboration with Tolani Lake Enterprise $3.4 million CARES Act Funds • Choice Humanitarian Care Package delivery to FBFA residents

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

8. Technical Amendments: • Revised and finalized by Mr. Greg Smith with NHLCO and Navajo-Hopi Land Commission (NHLC) participation over a series of work sessions.

9. Former Bennett Freeze Area (FBFA) Escrow Funds • Revisited all nine (9) FBFA chapter and updated new chapter employees on the fund’s criteria. • Chapters are working to submit a Project Management Plans with updated listings of clients.

10. Lawsuit: • Participated and provided input to Navajo Nation Department of Justice (DOJ) and Attorney Dan Rey-Bear for this initiative started under the previous administration. • NHLCO submitted documents and data requested to Attorney, Mr. Dan Rey-Bear and NN DOJ.

11. HPL Solar Project: • Solar installed at 31 homes on HPL and 2 pending.

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

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13. Tuba City Navajo-Hopi Land Commission Office • Renovation Completed. • Telephone lines installed including Internet capacity. • Need to refurnish the office. • 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 is on a Continuing Resolution for the next three (3) months • Additional personnel needed for FY2021

3. Dine Policy: • Need additional staff to implement the policies and procedures for the Dine Policy approved by the Navajo-Hopi Land Commission (NHLC) • Schedule meeting with Office of the Controller (OOC), Mr. Robert Willie

4. Bisti Solar: • Non-Disclosure Agreement (NDA) didn’t materialize with NEXTERA – (Developer) • Working on NDA with Public Services of New Mexico (PNM)

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

OUTREACH AND COMMUNICATION

152

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154

Office of Hearing and Appeals

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

155

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.

156

Office of Management and Budget

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

157

MAJOR ACCOMPLISHMENTS

1. OMB carried out the FY 2021 annual proposed budget process from July 27th to September 25th, a short timeframe. Required much work and time. OMB updated/entered the performance criteria information for the FY 2021 budget and participated via telephone Oversight Budget hearings for their assigned programs: NABI, BFC, HEHSC, Law & Order, RDC and Navajo Nation Council. The analysts helped present the Program Performance Assessment Scores, Conditions of Appropriation, Plans of Operations and budget data into the records.

2. OMB completed entering the FY 21 Continuing Resolution one fourth funding program budgets into the FMIS on September 30, 2020 after the Navajo Nation Council decided not to approve the overall Navajo Nation budget on September 25th, the last few days of the fiscal year.

3. OMB compiled the three organizational reports for 3rd quarter: Program Performance Assessment report on 7/31/2020; the Plans of Operation report on 7/31/20 and the Conditions of Appropriation report on 8/4/2020. The 4th quarter year-end will be done towards the end of October 2020.

4. As of September 17, 2020, FMIS report showed 401 grant awards and 1,162 budget units and total award of $2,305,660,596.31. Some of the deliverables by Contract & Grants Section of OMB for FY 2020: A) OMB FY 2020 Performance Goal No. 2 regarding contracts/grants monitoring for compliance, a total of 384 compliance review reports on grant awards in FY 2020, so far 132 or 34% report have been issued. Unfortunately, CGS do not have the numbers it hoped for due to the pandemic and government shut down. B) For FY 2020, CGS, received and reviewed the following documents: First quarter: 280 Section164 documents and 280 Budget Revision Requests; second quarter: 80 Section 164 documents and 267 BRR; third quarter: 64 Section 164 documents and 180 BRR, and fourth quarter: 131 Section 164 documents and 205 BRR. FY 20 totals: 329 Section 164 documents and 932 BRR.

5. The FY 2019 audit report on the Nation was filed on time with the federal audit clearinghouse on September 30, 2020, by Moss Adams, the Nation's Independent Auditors. Eleven (11) federal awards were selected for audit. There were seven audit findings, five on federal awards and two management on OOC. Some tasks Contracts & Grants, OMB, performed in submitting the audit report on time: A.) FY 2019 Edited Management Response (former Corrective Action Plans on FY 18 and prior fiscal years audits) on three of the seven findings. The Management Response (MR) was prepared and submitted on four findings directly by programs to Moss Adams without CGS review. MR were achieved by September 30, 2020, and the result will be reported in FY 2020 audit report. B.) Submitted status report on corrective actions plan on nine findings on FY 18 audit, out of nine CAP, four findings were resolved and five unresolved. 158

6. CARES Act Funding of $714,189,631.47 that was allocated to the Navajo Nation in May, 2020. The Navajo Nation Council via three resolutions allocated funding; $537,726,417 allocated to 18 recipients was approved by President Nez. A balance of $176,463,214 remains for allocation as of this report. Contracts and Grants Section of OMB entered the budgets submitted by recipients into the FMIS. OMB and Office of the Controller is submitting periodic expenditure reports to OPVP and Budget & Finance Committee. The next report is on October 6, 2020. The timeline set by U.S. Department of Treasury to fully expend the funds is December 30, 2020.

7. The Nation's latest approved IDC rate is 18.7% for FY 2020. A professional services contract between the Navajo Nation and MGT Consulting Group of Tampa, FL, was executed and a notice to proceed was issued on September 18, 2020. MGT will prepare the Nation's IDC rate proposal for IDC rate for FY 2021, 22, 23 and 24. The first deliverable on FY 21 IDC rate should be available by November 14, 2020.

8. The Procedure on Budgeting and Administration of Externally Restricted Funds (ERG) which is Appendix L of the FY 2021 BIM. An appreciative note to Mr. Mel Rodis, DOJ Attorney, for assisting and 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. As a designated essential office, the FY 21 budget development was done over a short period of time starting in July, 2020. OMB employees worked evenings, weekends and from off site to help the Council, oversight committees, Branch Chiefs and Navajo Nation programs complete the Navajo Nation comprehensive and Continuing Resolution budget. This was done in the presence of the COVID-19 pandemic and Navajo Nation government shutdown during this time.

2. The FY 2021 federal government/budget is on continuing resolution. The federal continuing resolution No 1 is funding the federal government from October 1, 2020 to 159

December 11, 2020. The continuing resolution affected the Navajo federal grants and their funding is based on the federal CR.

3. The COVID-19 pandemic and public health orders, i.e., stay home, no travel, curfews, social distancing, government closure, etc., affected all of Navajo Nation. OMB designated as an essential office, stayed open for duty at least 80% of the time. OMB did the job during trying times.

4. 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.

5. OMB developed instructions and guidance on submission of FY 2021 funding proposals by PL 93-638 contracted programs/Divisions. There are 18 contracts on BIA and three (3) on Indian Health Service. The due date to submit funding proposals to BIA Navajo Regional Office and IHS Navajo Area Office was October 2, 2020. To date, six (6) funding proposals for BIA have been submitted and none for IHS. The BIA proposals are in the Nation's document review process.

PROJECT #1: Navajo CARES Fund Act implementation. OMB has a key role in implementing and budgeting for the $714+ million CARES activities to mitigate COVID-19 pandemic.

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Office of Miss Navajo Nation

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

161

MAJOR ACCOMPLISHMENTS

1. Cost Saving Analysis identified beneficially resources that OMNN could implement immediately. Miss Navajo Nation's utilities were identified as Fixed Cost Assets, and payments will be handled by Navajo Nation Telecommunications & Utilities. The Department of Information Technology will be installing and providing an access point to point hardware equipment, and internet services at Miss Navajo Nation's apartment, so she can work remote per approved Telecommuting Agreement. OMNN's will be issued three (3) computer laptops from the Department of Information Technology's aligned with the CARES Act funding sources. Estimated cost savings of $17,000.00 in hardware and utility costs for the program.

2. Miss Navajo Nation is educating and encouraging our Navajo people to submit a voter's registration form in their respective states and chapters, and encouraging each household to complete the Census 2020. She and OMNN staff have distributed all of the forms and information at the OPVP's food distribution event sites. Accomplishment: Distribute approximately 2,000 voter's registration forms, and Census 2020 information.

3. First time in twenty (20) years, on September 17, 2020, the Office of Miss Navajo Nation presented before the NABI Committee particularly Legislation Number 0221-20, which is the Amendments to the Plan of Operations. Although, the Legislation was tabled for 90 days. OMNN program continues to persuade or lobby with Navajo Nation Council Delegates to reactivate Legislation before NABI Committee. Accomplishment: Created full discussion among the Navajo Nation Council Delegates on their personal views on traditional values, culture, and teachings.

4. Miss Navajo Nation is focus and continuing to participate and advocate for our Navajo people in the fight against COVID-19 using Social Media and interviewing with major News networks and publications. She and OMNN staff continues to assist with humanitarian relief efforts along with the Office of the President and Vice President. Accomplishment: Miss Navajo Nation advocacy is making a huge impact on individuals and groups. OMMN received verbal confirmation that more donations will be coming forth of facial masks and PPEs because they've read or seen Miss Navajo Nation's interviews or articles.

5. Program Improvements and Funding: By completing a cost savings analysis, it helped me identified most beneficially use of FY2020 budget allocations. The Navajo Nation Telecommunications and Utilities department will be handling the Office of Miss Navajo Nation's monthly Utility expenses as Fixed Cost Assets. This cost saving will save the OMNN department an average of $2,000.00 to $2,500.00 yearly.

6. Program Improvement and Funding: Cost savings analysis, also helped me identified additional resources through the Department of Information Technology (DIT). DIT 162

provided technically assistance on Miss Navajo Naton's internet service access point. DIT will be setting up the wireless access point-to-point hardware at Miss Navajo Nation's assigned apartment, so the OMNN department and Miss Navajo Nation will not be encumbering Internet Services expenses. This is a cost savings of $1,500.00 yearly.

7. Program Improvement and Funding: DIT conducted a technically assessment on OMNN department's current computer workstations' hardware and software applications. DIT has upgraded all of the software applications, and hardware’s to speed up the computers. These upgrades on each computer work stations will extend the use and warranties for additional three (3) years, a cost saving of $6,000.00. I also submitted a written request for three (3) laptops issuance from DIT using the Cares Act funding source. This is another cost savings of $7,000.00 on computer laptops.

8. Program Improvements: Temporary Office Specialist initiated and completed an Archiving Records Retention Project during this Coronavirus Pandemic. Archive project is pertaining the Office of Miss Navajo Nation’s Administrative files, Financial files, and Pageant files beginning with 2009 to current date. All sensitive materials or information such as Personnel files or records containing social security numbers, census numbers, birth certificates, etc. were submitted back to the Department of Personnel Management for their handling of record files. The archiving project was in accordance with the Navajo Nation Preservation Records Policies and Procedures as implemented by Navajo Department of Justice. All documents are prepared for digital scanning for official records preservation, and archived with Navajo Nation Records Management. Base upon the excess amount of sensitive confidential information is handled by regular status classified position. I have determined the classified positions are sensitive status to Department of Personnel Management. Each classified position will require a background clearance with a suitable determination for current employees to occupy their positions.

9. Program Improvement and Laws: I had persuaded Speaker Seth Damon to sponsor, and assist with presenting the Legislation Number 0221-20 before the NABI Committee on September 17, 2020. Although, the Legislation was tabled for 90 days. Legislation 0221- 20 accomplished and created an importance spirited discussion among the 24th Navajo Nation Council Delegates, it highlighted the importance views and honor the Goodwill Ambassador’s role is vital and relevant to their respective communities, and allowed them to assess their own individual Navajo culture, practices, and beliefs.

CHALLENGES

1. Tabling of Legislation 0221-20, Amendments to the Plans of Operation for the Office of Miss Navajo Nation did not passed by NABI Committee. Impacts the extension of reigning Miss Navajo Nation and to officially recognize her as Miss Navajo Nation 2020- 2021. 163

2. The Office of the Controller not issuing vendor payment in a timely manner. A major issue presented itself, when a vendor who wove the Miss Navajo Nation 2020-2021 Sash Belt was not compensated rapidly. Individual posted negative publicity on his personal Facebook account regarding OMNN staff, OOC department and OPVP.

OUTREACH AND COMMUNICATION

164

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166

Office of Navajo Public Defender

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

167

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, dults 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.

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169

Office of the Navajo Tax Commission

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

170

MAJOR ACCOMPLISHMENTS

1. ONTC has met the FY 20 Tax Revenue Projection, major accomplishment considering the COVID-19 pandemic.

2. ONTC as an Essential Government office continued to operate since the initial Executive Order and went back to 80-90% of staff being in the office starting August 17, 2020 when Executive Order ended.

3. ONTC unknowingly had purchased Personal Protection Equipment (PPE) in December 2019 and January 2020 (Disinfecting Wipes etc,) prior the the Executive Order.

4. ONTC was able to get an additional Unmet Need allocation for FY 2021 budget during the budget hearing.

5. ONTC restarted the process of getting the Tax Database Project going and testing done. Still need the hardware to be installed in order to complete the implementation.

CHALLENGES

1. ONTC Audit staff unable to perform scheduled audits due to travel restrictions.

2. ONTC Compliance staff not able to do presentations and orientations to businesses and other request made.

3. ONTC had planned to do Fuel Excise Tax (FET) inspection of the Retailers in Spring/Summer of 2020 and this did not take place due to COVID-19.

Project #1: At the Executive Branch Strategic Session in December 2019, teams were created and I was assigned to the Finance Work Group. Only one meeting was held in January 2020 without several key individuals on the team. No other meetings held due to COVID-19 pandemic.

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

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172

Office of the Controller

FALL COUNCIL SESSION 2020

I. MAJOR ACCOMPLISHMENTS

II. CHALLENGES

III. OUTREACH AND COMMUNICATION

173

MAJOR ACCOMPLISHMENTS

1. Completed the 2019 fiscal year audit and single audit with 5 audit finds (audit findings continue to trend downward).

2. Processed over $50 milllion in CARES act funding. Of the $50 million, approximately $2.5 million was expensed for the successful portal implementation of the Navajo Nation DED Small Business/Artisan Relief per CJY-67-20.

3. OOC continues to process bi-weekly payroll, including all Special Duty submittals, during and after the government shutdown.

4. OOC continues to account for $5+ billion in Navajo Nation Governmental Assets.

5. OOC continues to provide external funding compliance expectations for the Nation's government. process bi-weekly and Special Duty Payroll during and after the Government shutdown without interuption.

CHALLENGES

1. Unable to provide protective safety barriers for 115+ essential employees. General Services has not provided any update on when to expect barriers.

2. We have yet to receive any CARES budget, even though our office is charged to ensure Federal Funding Compliance and continue to provide financial operations for the Navajo Nation Government.

3. It has been challenging educating departments and programs on CARES paperwork, allowable expenditures, and applicable procedures.

4. Our office continues to have numerous conference call meetings with Leadership, Programs, and Departments on any given day.

5. OOC Continues to account for $5+ billion in Governmental Assets with a decreasing budget and human capital.

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Project #1: Controller is assigned as Finance Chief, along with OOC A/P, Procurement, and Contracts managers participated by advising and processing HCOC emergency procurement of goods and services and resolving issues.

OUTREACH AND COMMUNICATION

175