LEGISLATIVE SUMMARY SHEET Tracking No. P150 .~ I '2-­

DATE: October 17,2012

TITLE OF RESOLUTION: PROPOSED NAVAJO NATION COUNCIL STANDING COMMI [TEE RESOLUTION, AN ACTION RELATING TO RESOURCES AND DEVELOPMENT AND THE NAABIK'IYA.TI' COMMITTEES; APPROVING A LIMITED WAIVER OF SOVEREIGN IMMlJNITY ALLOWING THE NAVAJO NATION TO BE SUED IN FEDERAL DISTRlCT COURT REGARDING COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT IN CARRYING OUT GRANTS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE PRESIDENT OF THE NAVAJO NATION AND THE DIVISION DIRECTOR OF THE NAVAJO NATION DIVISION OF COMMUNITY DEVELOPMENT TO SIGN FORM 7015.15

PURPOSE: The purpose of the resolution is to approve a limited waiver of sovereign immunity allowing the Navajo Nation to be sued in federal district court regarding compliance with the National Environmental Policy Act in carrying out grants from the United States Department of Housing and Urban Development and authorizing the President and the Division Director of the Navajo Nation Division of Community Development to sign fonn 7015.15.

This written summary does not address recommended amendments as may be provided by the standing committees. The Office of Legislative Counsel requests each Council Delegate to review each proposed resolution in detail.

12-719-1

Resources &Developm Committee Naa'Jik'fyati' Com .~

Navajo Nation ouncil PROPOSED NAV AlO NATION COUNCIL RESOLUTION

22"~D NAVAJO NATION COUNCIL -- Second Year, 2012

3 INTRODUCED BY

5

6 , (Prime Sponsor)

7

8 TRACKING NO. 0460 -(~ 9 AN ACTION

10 RELATING TO RESOURCES AND DEVELOPMENT AND THE NAABIK'IY AT!';

II APPROVING A LIMITED WAIVER OF SOVEREIGN IMMUNITY ALLOWING

12 THE NAVAlO NATION TO BE SUED IN FEDERAL DISTRJCT COURT

13 REGARDING COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY

14 ACT IN CARRYING OUT GRANTS FROM THE UNITED STATES DEPARTMENT

15 OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE

16 PRESIDENT OF THE NAVAlO NATION AND THE DIVISION DIRECTOR OF THE

17 NAVAlO NATION DIVISION OF COMMUNITY DEVELOPMENT TO SIGN FORM

18 7015.15

19

4 9----:~ ,v-",¢

20 BE IT ENACTED:

21

22 1. The Navajo Nation finds the following with respect to this limited waiver of

23 sovereign immunity:

24 a) The Navajo Nation Division of Community Development for purposes of

25 administering Indian Community Development Block Grant (lCDBG)

26 funds requires a tribal official to sign and execute HUD Form 7015.15

27 "Request for Release of Funds and Certification" which consents to suit in

28 Federal District Court regarding compliance with the National

29 Environmental Policy Act in carrying out the Department of Housing and

30 Urban Development (HUD) grants; and

12-719-1

5

10

15

20

25

30

b) Pursuant to 24 CFR Part 58, the HUD Environmental Review requires an

~uthoriz~d tribal official to execute HUD Form 7015.15; and

3 c) In order to draw down federal funds that implement projects, an

4 authorized tribal official must execute HUD Form 7015.15; and

d) Pursuant to the Navajo Sovereign Immunity Act, 1 N.N.C. §554, neither

6 the President nor any other Navajo Nation official has the authority to

7 waive sovereign immunity of the Navajo Nation; and

8 c) The Navajo Nation Council approved a limited waiver of sovereign

9 immunity, CO-32-09, attached as Exhibit "1", on November 2, 2009, in

order for the President of the Navajo Nation to sign HUD Form 7015.15

J 1 through Fiscal Year 2012; and

12 f) The Southwest Office of Native American Programs-DHUD, in a letter

13 dated February 28, 2012, attached as Exhibit "2", indicated the current

14 Navajo Nation Council limited waiver of sovereign immunity will expire

on September 30, 2012.

16 g) It is the purpose of to this limited waiver of sovereign immunity, and the

17 authorization of the President of the Navajo Nation and the Division

18 Director of the Navajo Nation Division of Community Development to

19 sign HUD Form 7015.15, to allow the Navajo Nation to be sued in Federal

District Court regarding compliance with the National Environmental

21 Policy Act in carryout HUD grants.

22

23 2. The Navajo Nation herby approves a limited waiver of sovereign immunity that

24 allows the Navajo Nation to be sued in Federal District Court regarding

compliance with the National Environmental Policy Act in carrying out HUD

26 grants.

27 3. The Navajo Nation hereby authorizes the President of the Navajo Nation and the

28 Director of the Division of Community Development to sign HUD Form 7015.1

29 through Fiscal Year 2014.

2 12-719-1

--------------- -----

( ,

The Navajo Nation1~~[E~WlEITII Window Rock, Arizona 86515

~ AUG -2 2012 CTION 164 REVIEW PROCESS

No:27215

Dept. CQiIDJiliiy!£v. Block Grant Prograrn/QIIIJ'ame Janes Adakai. PPS

DOCUMENT:

RESOWTIOO' OF THE NAVAJO Nt.TIOO CXXJICIL: Relating to Carnunity lliveloIJIErlt Action; ApproY-;..ng a ~.llver 0;: Sovereign lmuni.tj Allo.v:i..:.1g the Navajo Natim to be Sued in Federal D-'.LStrict Court regarC:L"lg ccrnplimce wiLl the National Environmental Policy Act in c.a.r-rT...l1g out gra'1ts fron the U.S. fupa.41re"1t of !{O'.ls:L'1~ ~-rl Urba11 DevelOIJIffit am Aut..i'}ori...zing t.~ President of the Navajo Natior. a.'1d th_ DiviE:ion Director of th8 N3vajo Nation Division of Camunity fuvelO)::uelt to si9l€d Form 7~15.15 for approved U.S. Departrent of Housing and Urban DeveloIJTent Projects thr0'..lgnour.--~~_

Navaj 0 Nation s -, 73970,

h. ! "E ~

Received AUG 20'2

v ' ,

1. Sponsor/Program COO::;jm::m Date: ~I;c 2. Division of Camunity Develo~t _--+-..."."'--fdl=- _ Date: 2.­

3. Office of Management & Budget C' /rh13 Date: ?l/ 6 I.?~ /?­-->.,l..::~"----'--'---------- I I

4. Office of the Controller Lf2,w0u.: Date: 6'!3· j L_...:...-._-----------­~~ vl)~ (_,5. offl eo Attorney General

:M~¥d~ :::::~26. Office of the President

7. Legislative Counsel Date: ----­

8. Committee Chairperson Date:

CONTRACTS/AGREEMENTS/GRANTS: RETURN ENTIRE DOCUMENTS TO O.M.B. FOR ADMINISTRATIVE IMPLEMENTATION.

Business Regulatory Dept., DED: Date:

COMMENTS:

WHITE - OPVP CANARY - OCG PINK - CONTROLLER C,OLnFNROn - PRor;/nIV

-----

I ~. ~ ~ ~ ~ WJ ~ The N~vajo Nation Window Rock, Arizona 86515

tn1 AUG-:::2LU12,---+lH~"""C=T:O-:;;;1O"'--;;-N1E> 4-REVI EW PRbC-E·--=-SS=--~---===-Jq=... No:27215

......JaIreS=-:.<...... ..... Ph 0 ne No. ---l=i.8w,1~~~=::;;7'~..... A""'dakai=· ,-"PPS.......,.,...

DOCUMENT:

REnlJITCN OF TIlE NAVAl NATICN CUJ!'OL: Relating to Carnunity fuve10preIlt Action; Approving a WaiVET lli Sovereign Im!l.lillty Allawing the Navaj 0 Nation to be Sued in Federal Dis'-wict Court reg i canpliance with the National EnvirOIm2l1tal Policy Act in ca.rryiJJg oat grai1ts fran the U,S, bepart::rrent of HousiTJg 8i1d Urban fuve1opren.t am Authori..zing the President of the Navajo Natior:. and th:: Division Director of the N3vaj 0 Nation Division of Camunity Deve1o!J!S1t to signed Form 70l5.~5 for approved U,S. DepartJrent of Housing and Urban D:!ve101JiEI1t Projects throl.l,gfl()1J};.~~..... Navaj 0 Nation

1. Sponsor/Program CIE/GlID Date: ~I~ 2. Division of Camunity D:!ve10p!ffit /2­--;--7"'--=::::...--------- Date:

3. Office of Management & Budget ---',;::--'---..,l...---_______ Date: ~,/6/I Vb /"2­

4. Office of the Controller _Lf0;~_~_'_ __::_------- Date: o' /3· J~ ~ <:;(1 'Z.t II \ '2,...- . 5. Ofnle ot Attorney General

:~~ ::::::#i;£26. Office of the President

7. Legislative Counsel Date:

_______________ Date: _8. Committee Chairperson

CONTRACTS/AGREEMENTS/GRANTS: RETURN ENTIRE DOCUMENTS TO O.M.B. FOR ADMINISTRATIVE IMPLEMENTATION.

Business Regulatory Dept., DED: Date:

COMMENTS:

WHITE - OPVP CANARY - OCG PINK - CONTROLLER GOLDENROD - PROr,InIV.

-----------

-------------

i\\13J '3

NAVAJO NATION DEPARTMENT OF JUS -1>~ ~'\ ~ <ilr~\ r3cc> 41C1o RFS# ,'":'_ 1,031d11 4~ C'~ ~ SAS# i~..,'Z, '5""REQUEST FOR SERVICES ldl ~~ / 6' ~ 1=

~i~~ r-, UNIT: b'~

~~A ~CLIENT TO COMPLA:J I \ ~

DATE OF REQUEST: August 16, 2012 DIVISION: Community Development

REQUESTING PARTY: James Adakai, PPS DEPARTMENT: Community Housing & Infrastructure

PHONF. NUMBER: (928) 871-6680/6539 PROGRAM: Community Development Block Grant

('OMPLE! E DESCRIPTION OF LEGAL NEED AND SERVICES REQUESTED (attached documents):

RESOLUTION OF THE NAVAJO NATION COUNCIL: Relating to Community Development Action: Approving a Waiver of

Sovereign Immunity Allowing the Navajo Nation to be Sued in Federal District Court regarding compliance with the National

Environmentai Policy Act in carrying out grants from the U.S. Department of Housing and Urban Development and Authorizing

the President of the Navajo Nation and the Division Director of the Navajo Nation Division of Community Development to sign

~orm 7015.15 for approved U.S. Department of Housing and Urban Development Projects throughout the Navajo Nation.

DEADLINE:

l REc!lWoS~TARY TO COMPLETE~y

DATEffIME IN UNIT:qtvm AlJG 17., ~ RESPONSIBLE STAFF PERSON: to. 7On;~ Bf'cen I: REVIEWED & ASSIGNED;,'d ::' .-?}~f'.,~ /~'TIMEIHRStMJfJ: 1 COMPLETION DATE: 9/1.'1-/ /'2­

, ~~.;:,. 'C~l., J~NfTY /.!.,' -,_c WIT IflT < '.

r:-lf:::~~"'-------I'4YIEW FO~' L~SUFFCIENCY z;;:?rSURNAME. / f'7:r.Ti-..... I~ \./ 1

I I REQ~"tEGAL OPINION ,--I__-,I APPOINTMENTICONFERENCFJMEETING

C-~ RESOLUTION: ,--I__-,I REVIEW & ADVISE

. , ;. ~DOJ ATTORNEY/ADVOCATE TO COMPLET~t

\::/1 Ie

~ IYlli1WU'

REVIEW BY: ___-'--_ Hrs. ___ Min.

SVRNAMED BY: _____ Hrs. /Q Min.

Called Brenck.. Nd h-J.. for document pickup.

DATE SENT TO DOl RECEPTIONIST: Date: «/J-2.//2.. Time: /lO~ By: -,-AH__

PICKED UP BY: DATE/TIME: _

DANA BOBROFF Deputy Attorney General

RAN 1) U M

TO: James Adakai, Program/Projects Specialist, CDBG Community Housing and Infrastructure Department Division of Community Development

FROM: \ AJA7\\I\~ _ ~nson, Attorney Economic/Community Development Unit, Dept. Of Justice

DATE: August 21, 2012

S~EJECT: SAS No. 27215: Approving a Waiver of Sovereign Immunity to Allow the Navajo Nation to be Sued in Federal District Court regarding compliance of the National Environmental Policy Act

As you know, the Community Housing Infrastructure Department (CHID) of the Division of Community Development entered into a funding agreement with the Housing and Urban Development to administer Indian Community Development Block Grant (ICDBG) funds. A3 part of the funding agreement, CHID is required to sign and execute Hu~ Form 7015.15. The purpose of the form is to consent to suit in Federal District Court regarding compliance with the National Environmental Policy Act. If the form is not executed, the Navajo Nation will not be allowed to draw-down the ICDBG funding.

Pursuant to 2 N.N.C. § 223 (C), the Navajo Nation Council by a two-thirds (2/3) vote may waive the sovereign immunity of the Navajo Nation. In this case, this request is to obtain a limited waiver of sovereign immunity to allow CHID to receive ICDBG funding, and to carry out its project. Upon review of the proposed resolution, it appears sufficient. However, the DOJ recommends that there is a time-frame for the limited waiver of sovereign immunity as previously provided in Navajo Nation Council Resolutions No. CAP-2l-05 and No. CO-32-09.

If you have questions regarding this memorandum, please CODcact me at 928-871-6933. Thank you.

LBJ/ah/303

xc: Luralene D. Tapahe, Assistant Attorney General, ECDU, NNDOJ Chavez John, Department Manager, Community Housing & Infrastructure, DCD

Post Office Box 2010 • Window Rock, Navajo Nation (AZ) 86515· 928-871-6932 /6933 • Telefax No. 928-871-6200

BEN SHELLY PRESIDENTTHE Ni\VAJONATION REX LEE JIM VICE PRESIDENT

ME M 0 n. AND U M:

TO 2 NNC § 164 Reviewers

Delegates & 2 NNe '164 Reviewers Navajo Nation Government

FROM Robert Willie, General Accounting Supervisor Office of the Controller

DATE August 13, 2012

S~BJECT SAS #27215 Resolution of the Navajo Nation Council: Relating to Community Development Action; Approving a Waiver of Sovereign Immunity Allowing the Navajo Nation to be Sued in Federal District Court regarding compliance with the National Environmental Policy Act in carrying out grants from the U.S. Department of Housing and Urban Development and Authorizing the President of the Navajo Nation and the Division Director of the Navajo Nation Division of Community Development to signed Form 7015.15 for approved U.S. Department of Housing and Urban Development Projects throughout the Navajo Nation.

The OHice of the Controller has reviewed the above referenced document.

1. Program references Navajo Nation Council Resolution CO-32-09 which approved the extension of

the limited waiver of sovereign immunity through fiscal year 2012. This resolution is requesting to

extend the date of the waiver of sovereign immunity with no expiration date indicated.

2. The waiver is needed to execute HUD Form 7015.15"Request for Release of Funds and

Certification" for projects funded under the Department of Housing and Urban Development.

If you should have any questions you can contact me at tribal extension X6125.

POST OFFICE BOX 3150/ WINDOW ROCK, NAVAJO NATION, ARIZONA /86515/ TELEPHONE: 928-871-6125

BEN SHELLY PRESIDENTTHE NAVAJO NATION REx LEE JIM V~CE PRESIDENT

SeptembN 13.2012

MEMORANDUM

TO LaTonia f3ecenti, Attorney Econo ie/Community Development Unit, Department of Justice

TI-mOUC;i Chavez John, cJ arbnent Manager II Communjty 'ng and InfTastructure Department

mOtv! James Adakai, Programs and Projects Specialist Communily Development Block Crant Program

SUBJE SAS No. 27215: Approving a Waiver of Sovereign Immunity to Allow the Navajo Nation to be sued in federal District Court regarding compliance of the National Environmental Policy Act

1 am "'Tiling this memorandum to respond to your memorandum dated August 21,20]2 and subseguent emails dated September 10 & 12, 2012. In the memo you recommended U1e CUBC program to provide a time-frame for the limited waiver of sovereign immunity. Below is the program's response.

1. The Navajo Nation Council has provided a limited waiver resolution since March 4,1998 (CMA-31­98), which authorized the Nation's president to sign the HUD form 7015.15 for awarded projects to a specifie period. The Coundl's intent in this and subsequent Council resolutions (No. CAP-21-0S, CO­32-09) was to authorize the President (and Division of Community Development Director) to consent 1'0 tile jUJ'isdiction of a federal district court in applications for and awarded HUD projects or grants through fiscal Year, i.e., through September 30, 2012.

2. The CDnC program hac; experienced an enormous volume of tasks tJ1at are involved with extending Council wiliver resolutions for the President and DCD Director to sign HUD form 7015.15 as was done WiU1 previous resolutions mentioned herein. ]n spite of such tedious process, the program recommends placing a no time-frame on the President and DCD Director's authority to sign the-HUD form 70]5.15 to a speCific period, while U1e waiver of sovereign immunity is not limited in duration as explained in DOJ memo dated March 8, 1998.

3. The limp-frame to sign BUD form 7015.15 Lo specific period impacls the capacity and perfOnllanCe of the Nation to carry out awarded HUD projects and to apply for new lCDllC funds. The Nation CClmpdes against other tribes for lCOnG grants and there is no guarantL'e the proposed projects included in the application will be funded.

4. In SUl11111<1rY, the time-frame impacts applying for new projects, as much as HVD awarded projects. Although they were accepted by the Navajo Nation Oversight Committee and the Grant Agreement between HUD has already been executed. For example, the Agreement for FY-2012 lCDBC grant WiIS

ex~cu[ed by both parties May 4, 2012. Otherwise under any other circumstances, the program would recommend a lime frame of 10 years to be made effective October 01,2012.

11 thCH.' are questions, please provide advice. Thank you.

March 08, 1999

.. c. Raphael Mecham, Administrator u. S. Department of Housing' Urban Development Southwest Office of Native American Programs Two Arizona center, Suite 1650 400 North Fifth street Phoenix, Arizona 85004-2361

aBz' Liait.4 waiver of sovereiqn IJmnmity

Dear Mr. Mecham:

It has come to my attention that there is some confusion over the nature·and duration of the authorization the Navajo Nation Council's Resolution CMA-31-98 gave the Nation's President to signForm 7015.15. The Resolution expressly states that the President is authorized to sign the form for "proposed projects through Fiscal Year 1999". My understanding is that Form 7015.15 is partof the application for a proposed project. Therefore, the Council's intent was to authorize the President to assent to the jurisdiction of a federal district court in applications for projects or grants through Fiscal Year 1999, Le., through september 30, 1999. The Resolution does not require that the project be undertaken prior to the end of the fiscal year.

Any confusion that exists may stem from a misunderstanding that the waiver of sovereign immunity was limited in duration. This is not the case. The waiver is effective as long as necessary. Only the President's authority to sign the fom is limited to a specific period.

Please let me know if you have any questions.

Sincerely,

~~ Scott D. Johnson, AttorneyHuman Services , Government unit (520) 871-6935/6936

SDJ/mcy-201

P.O. Drawer 2010 • Window Rock, AZ 86515. (520) 871-6343 • FAX No. (520) 871-6177

EXHIBIT

f~ CO-32-09

RESOLU"l'ION 01' THIl NAVAJO NATION COUNCIL

21at NA~O NATION COUNCIL - Th~rd Year, 2009

AN ACTION

RELATING TO COMMUNITY DEVELOPMENT; APPR.OVING THE EXTENSION OF THE LIXJ:TEO WAIVER OF SOVEREIGN' IMMUNITY ALLOWING THB NAVAJO

NATION TO BB SUE]) IN FEDERAL DISTRICT COTJ1lT REGAlU>ING COMPLIANCE W'I'TB Tn ~IONAL ENVIRONMEN'rAL POLICY ACT IN CARRYING OUT

GRANTS FROM 'l'BJ: UNITED STATES DEPARTMENT 01' HOUSING AND URBAN DEVELOPMENT ANn AUTHORIZING THE PRESIDENT OF THE NAVAJO NATION

AND THZ CrvISION DIRECTOR 01' THE NAVAJO NATION DIVISION OF CCNNUNIT! ~EVELOPMENT TO SIGN FORM 1015.15 THROUGH FISCAL YEAR 2012 AND APPROVING AN EFFECTIVE DATE R:s:TROACTIVE TO

OCTOBER 1, 2008

BE IT ENACTED:

1. The Navajo Nation Hndl!! the; foll'owing wit.h re~pect to this limited waiver of sovereign immunity;

a) The Navajo Nation Division of Comm~nity Development for purp03e:s of administering Indian Community' Developmen t Slack Grant (ICDBG) funds requires a tribal official to sign and execute HUD Form 7015.15 "Request for Release of Funds and Certification" which consent" to suit in Federal Dist:::ict Cou;z;t ;z;egarding. co~pliance wit.h the National Environmental Policy Act: . iIi' carrying out the Department of Hou~ing and Urban Development (HUD) grants. and

h) Pursuant to 24 eFR Part 58, the HUD Env1;z;onmental Review requires an authori~ed tribal official to execute HUD Form 7015.15; and

c) In order to draw down federal funds that implern~nt p~ojects

an authorized tribal official must execute HUD Form 7nl5.15; and

d) Pur~udnt to the Navajo Sovereign Invnuni ty Act I 1 N. N. C. §5 54, nai t:h~r the Pres ident nor any ::>the;z; Nava j 0 ~la t ior. official ha~ tha authority to execute HUD for~ 7015. lSi 3~J

CO-32-09

ACT~ON BY ~HE NAVAJO NATION PRESIDENT:

I hereby ~ign i~to law the foregoing legi~lation, pursuant to 2 N.N.C. §:C05 (el (10) I on this day of NOV 0 2 20gg 2009.

2. :;: h.ereby veto the foregoing ~agislation, pursuant to 2 N.N.C. SlOOS (C) (11) I this day at

2009 for the reason(s) expr~~ ed in the attached letter to t' e Speaker.

Dr. Joe Shirley, Jr., Pre~ident

Navajo Nation

CO-32-09

ACdON OY THE NAVAJO NATION PRESIDENT:

1. - hereby sign into law the foregoing legislation, pursuant to 2 N.N.C. §1005 (C) (10), on this day

of NOv 0 2 2D09 2009.

Dr.

2. I hereby veto the foregoing legislation, pursuant to 2 N.N.C. §1005 (C) (11), this day of

2009 for the reason(s) expressed in the attached letter to the Speaker.

-._----------------Dr. Joe Shirley, Jr., President

Navajo Nation

CO-32-09l ",

e) The Navajo Nation Council approved a limited waiver of sovereign immunity, CAP-21-05, attached as Exhibit "A", on April 20, 2005, in order for the President of the Navajo Nation to sign HOD Form 7015.15 through Fiscal year 2008; and

f) This limited waiver of sovereign immunity has expired.

g) It is in the best interest of the Navajo Nation to extend this limi ted waiver of sovereign immuni ty and the authorization of the President of the Navajo Nation and the Division Director of the Navajo Nation Division of Community Development to sign HOD Form 7015.15 allowing the Navajo Nation to be sued in Federal District Court regarding compliance with the National Environmental Policy Act in carryout HOD grants.

2. Th_ N3vajo Nation hereby approves an extension of a limited waiver of sovereign immunity that allows the Navajo Nation to be sue,;;! in Federal District Court regarding compliance with the National Environmental Policy Act in carrying out HUD grants.

3. The Navajo Nation Council hereby authorizes the President of the Navajo Nation, the Director of the Division of Community Development to sign HOD Form 7015.15 through Fiscal Year 2012.

4. The Navajo Nation Council hereby approves the effective date of this legislation retroactive to October 1, 2008 and ratifies since that. date the execution by the President of the Navajo Nation of HUD Form 7015.15 for ICDBG projects.

CERTIFICATION

I hereby certify that the foregoing resolution was duly considered by the Navajo Nation Council at a duly called meeting in Window Rock, Navajo Nation (Arizona) at which a quorum was present and that the same was passed by a vote of 60 in favor and 13 opposed, this 20th day of October, 2009.

Motio~: Sampson Begay Second: Johnny Naize

· ,.. EXHIBIT

I~ .1 , •.

CAI'-21-05

It&SOLO'1'IOIf or 'rD &VAJO ~IOIf COO.CIL (#

20 tla NAVAJO IlATIOIf COOIICIL - Third rear, 2005

All AC'lIOII

ULATIJIG TO nYaam SovuaIQII nl1DllIft AC'l; 1lAVA.M BOUSnrc; AD'fIIOaIft; DIVISIC* or calmlfIft DKYUDJINEIft; unovDIG All IJtt&IiSIC* or A LDlITm DIVa or ~Ic:II nlDlIft ~ ALXDIfS '1'D DV&.JO IIM'IOli lfO .. S'OJa) Dr J'&D&ItAL DISDIC'f' cooaT uQUt)DIG CClI&I.IUCK WID ~ D1'IOIIaL aVIXlll1D'fAL POLICY N:r III CADXDIG OCT BOD QltAftS AIID AU't&I*%IIIIQ D& ftXSIDD'l' or TU &VAJO D1'I0If, CBDr EDCO'l'IW ornaa or 'fD KAVAJO" BOUSDIQ AD'fIIOaIft AlII) 'l"D DIVISIc. DIDCl'Oll or TD lIAVAJO D.TI<W DIVISI<W or CClllDJlIft Dsva.oJl'lGDl'f lfO SIQIf 1'0_ 7015.15 ~ rISCAL n:aa 2008, JUID UnovnrG .Alf &I'DC'rIW DAft U'mOAC'l'IV& oro 0C'l'08D 1, 2004

U IT DIAC'l'ZD:

Seceioa 1. .rindiaq. and pg:po.e

A. '!'he ••v.jo ••eioa Council hereby .uee. thae the Havajo Bou.iaq Auehori~ for of admini.eeriDqpurpo...DKUDA fW1Cla, and the ••vajo .aU-OIl Divi.ioa o~ C.....2Di~

Devel.opaant for o~ .dad ni.eeriDq ICDBG ~UDd.apurpo...reqW.re a tribal of~icial. to .ip &Del ezec:uee roza 7015.15 "Itaque.e for ael.•••• o~ ruacu &Del ~ficaU-oa·, wlUch COll8eJlU to .uJ.e iJl. r"r.l. Di.trice C~ recJarci1Dq cOlipliance with the .aU-ooal. bviroam-ntal Policy Ace in carryiDq oue BOD granu.

B. Purauaae eo 24 cn Pare 58, the u.s. Depazt:IDeDe of Bou.inq and Urban (BOD) IDvironmentaJ. bvi." require. an authorized tribal official. to ezecuee BOD roaa 7015.15.

c. In order to receive draw cIovn. on federal funda thae implement proj.cta, an authorized tribal official mu.e execute roaa 7015.15.

.. .'

(

CAP-21-05

D. Puzauant to the .avajo Sove~eicpl Ipnunity Act, 1 •.•. C. f554, neither the P~eaiclaDt nor ally other ••vajo official baa the autho~ity to executa ro~ 7015.15.

1:. In 2000, the .avajo .atioD Counci.1 approved a liaited waiover of aovereign i .",ni ty in order for the Preaident of the .avajo .ation to aip ro~ 7015.15 throuqb Fiaca1 rea: 200C.

r. The liaitecl waive~ of aovereiCJD inmJnity ..baa expired.

Q. The pw:poae of the liaited waiver of .overeicpl i_unity for the .avajo BouaiD9 Aut:horiq aDd the .a....jo .ation DiviaioD of Conaunlty cevelopaent ia to al.low the .avajo .atioD to be .ued iD Federal. Diatrict Court reg-ard.iaq cCllllplianca with the ••tional &aviroamaataJ. Policy Act in carryiDq out BOD qranu.

SectioD 2.

A. 'l'he Navajo Nation Council her~ appro~a an exteaaiOD of a limited vai~r of aovereip 1nmmltr that allowa the .avajo .atioD to be aued in Federal Diatriet Court r~a:c:U.nq ccmpliance vith the .ational &avirOmMDtaJ. Policy Act in c:arqriDCJ out BOD qranta.

8. The .avajo .atioD Council her~ autho~il:ea the Preaidaat of the ••vajo .atioD, Chief Executive Officer of the .avajo Bouaiaq Authority &Del the DirtaioD Director of the .avajo .ation DiviaioD of Ccx..no lty Development to aiqa For.m 7015.15 thzouqb Fiacal reaz 2001.

C. The Navajo .atioD Council be~eby approvea the effective elata of thia l~ialation ~etroactive to Octobe~

1, 200C ancl ratifiea ainca that data the execution by the Preaidaat of the .avajo .atioD of HOD ro~ 7015 for MABASDA and ICDBG projecta.

CERTIFlCATIOIf

I he~eby ce~tify that the fo~eqoinq ~eaolutioD vaa duly con.icle~ecl by the .avajo .atioD Council at a duly

--------

, I

CU-21-05

called _.Un; ill Windo" Rock, .aYajo ••tion (Arizona) at which. quorum vaa pr.aent ancl that the a... waa , ..aeel by a vote o~ 7. in fayor and 0 oppoaed, 20~ day of April 2005.

NoUon: Harold WauneU S.coDcl: Willi. Tracey, Jr.

ACTIO. sr 'I'D NAVAJO RATIO. PUSIDDrr:

1. I hereby aic;n into la" the foreqoing le9i.1ation, ~.uant to 2 •••• C• SlOOS (C) (10), on thi. day o~ 2005.

2 . I hereby the ~oreqoinq

l~i.lation, pur. t to 2 •.•. C. S100S (C) (11), • day o~

2005 ~or the reaaon(a) expre••ecl in the attached letter to the Speaker.

Joe Shirley, Jr., Preaident Navajo NatioD

EXHIBIT u.s. DEPARTMENT OF HOUSI~G AND URBAN DEVELOPMENT

SOUTHWEST OFFICE OF NATIVE AMERICAN PROGRAMS OR~R~AL'~15:S

February 28,2012

/' ..-:om..Honorable Ben Shelly /<0'" '0.

'I. President I­ f")

Navajo Nation AR - 7 2012 PO Box 7440 Window Rock, AZ 86515-7440 C Dear President Shelly:

.'" ' " #

, ... r- -""' 7 ""'. SUBJECT: Indian Community Developmen $~ant (ICDBG) Program

Certifying Officer Designation for Fnvironmental Compliance

The purpose of this letter is to confirm the Southwest Office of Native American Programs has

received the Navajo Nation Council resolution number CO-32-09 by fax on February 22, 2012. The

resolution authorizing the President of the Navajo Nation to designate the Nation's Division of

Community Development Director the authority to sign and execute form HUD 7015.15 Request for

Release of Fund and Certification, which consents to suit in Federal District Court regarding compliance

with the National Environmental Policy Act in carrying out U.S. Department of Housing and Urban

Development assisted projects. Based on the language in the body of the resolution, the designation is

only valid through September 30, 2012. An extension of this action, in a manner consistent with the

Nation's process, \\-ill be required for environmental reviews prepared and certified starting October 1,

2012. If you have any questions, please contact Sarah Olson, Grants Management Specialist, at (602)

379-7233 or via email at Sarah.D.Olson@hud.gov .

Sincerely,

RObertJ.~ Director Grants Management Division

Main Office I 1 North Central Avenue, Suite 600 I Phoenix, AZ 65004·4415 I 602-379·7200 I Fax 602·379·3101 Albuquerque Office I 500 Gold Ave. SW, ]'" Fir, Sle. 7301, P.O. Box 906 I Albuquerque, NM 87103-0906 I 505·346·6923 I Fax 505-346-7220

www.hud.gov/offices/pih/ih/codetalk/onap/swonap/

LEGlSLA T/VE BRANCH HONORABLEJOHNNY NAIZE NAVAJO NATlON Speaker, 22nd Navajo Nation Council

October 17,2012

MEMORANDUM

TO Honorable Members Resources and Development Committee Naa'bik'iyati' Committee Navajo Nation cil

FROM

SUBJECT ASSIGNMENT OF LEGISLATION

Pursuant to 2 N.N.C § 164 (A)(4), this memorandum serves to inform and advise you that I assign the following legislation to the Resources and Development Committee, Naa'bik'iyati' Committee and the Navajo Nation Council;

Legislation No. 0450-12

RELATING TO RESOURCES AND DEVELOPMENT, AND NAA'BIK'IYATI' COMMITTEE: APPROVING A LIMITED WAIVER OF SOVEREIGN IMMUNITY ALLOWING THE NAVAJO NATION TO BE SUED IN FEDERAL DISTRICT COURT REGARDING COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT IN CARRYING OUT GRANTS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE PRESIDENT OF THE NAVAJO NATION AND THE DIVISION OF DIRECTOR OF THE NAVAJO NATION DIVISION OF COMMUNITY DEVELOPMENT TO SIGN FORM 7015.15.

As the Committee assigned to consider the legislation, Legislation No. 0450-12 must be placed on the Resources and Development Committee, Naa'bik'iyati' Committee and the Navajo Nation Council's agenda at the next regular meeting for final consideration.

ATTACHMENT: Legislation No. 0450-12

xc: Hon. Ben Shelly, President The Navajo Nation

Harrison Tsosie, Allorney General Mark Grant, COn/roller Honorable Jonathan Nez, Council Delegate (Prime Sponsor)

OFFICE OF THE SPEAKER INA VAJO NATION LEGISLATIVE BRANCH I POST OFFICE BOX 3390 I WINDOW ROCK, ARIZONA 865/5 TELEPHONE (928) 871-7160 FAX (928) 871-7255

. .

OJJ:ce ofLegisiative Counsel Johnny Naize Trlrpl>,ne. (9lR) S7J-7J()6 Sp,.til:er a/th(· Mil' .(1 j firion ( (lilli, tI i \'": (SJ_.~~) :7j-7~7S 1lltl]'rI\1-·-7-.

MEMORANDUM

October 17,2012

TO: IIonorable Jonathan Nez Tsah Bii Kin, Navajo Mountain, Shonto, Oljato Chapters

FROf\l: ~v~1{ak Mari~ na Kahn, Attorney Office (If Legislative Counsel

SUBJECT: NATURAL RESOURCES AND WAIVfNG THE fNDIRECT COST RATE AN ACTIO~-.r RELATING TO RESOURCES AND DEVELOPMENT AND THE NAABIK'IYATI' COMMITTEES; APPROVING A LIMITED WAIVER OF SOVEREIGN IMMUNITY ALLOWING THE NAVAJO NATION TO BE SUED IN FEDERAL DISTRICT COURT REGARDING COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT IN CARRYING OUT GRANTS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE PRESIDENT OF THE NAVAJO NATION AND THE DIVISION DIRECTOR OF THE NAVAJO NATION DIVISION OF COMMUNITY DEVELOPMENT TO SIGN FORM 7015.15

I have prepared the above-referenced proposed resolution and associated legislative summary sheet pursuant to your request for legislation. You are encouraged to review the proposed resolution to ensure that it is drafted to your satisfaction. If you are satisfied with the proposed resolution, please sign the proposed resolution where it indicates "INTRODUCED BY" and :iubmit it to the Office of Legislative Services where it will be given a tracking number and sent to the Office of the Speaker for assignment. If you have further questions concerning this malter, please contact me at the Office of Legislative Counsel (928) 871-7166.

Thank you for your service to the Navajo Nation.

12-719-1

THE NAVAJO NATION�

LEGISLATION NO: 0450-12 SPONSOR: Ionathan Nez

TITLE: An Action Relating to Resources and Development Committee and the Naa'bik'iyati' Committee: Approving a Limited Waiver of Sovereign Immunity Allowing the Navajo Nation To Be Sued In Federal District Court Regarding Compliance With The NatIOnal EnyironmentaJ Policy Act in Carrying Out Grants From The United States l){'partmenf uf IIollsing and Urban Development and Authorizing the President ofthe Navajo Nation and the Division Director of the Navajo Nation Division of Economic Development To Sign Form 7015.15

Date posted: October 17,2012 at 5:00pm

Digital comments may be e-maiJed to comments@navajo-nsn.gov

'Written comments may be mailed to:

Executive Director� Office of Legislative Services�

P.O. Box 3390� Window Rock, AZ 86515�

(928) 871-7590�

Comments may be made in the form of chapter resolutions, letters, position papers, etc. Please include your name, position title, address for written comments; a valid e-mail address is required. Anonymous comments will not be included in the Legislation packet.

Please note: This digital copy is bein provided for the benefit of the Navajo Nation chapters and public use. Any political use is prohibited. All written comments received become the property of the Navajo Nation and will be forwarded to the assigned Navajo Nation Council standing committee(s) and/or the Navajo Nation Council for review. Any tampering with public records are punishable by Navajo Nation law pursuant to 17 N.N.C. §374 et. seq.