Undesignated fund use sparks debate

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — Thoughts of the $10.9 million balance in the Undesignated, Unreserved Fund hung over the Navajo Nation Council's summer session Tuesday like a large, treat-filled piata, and the first swing at it was aimed at breaking the bank.

Delegate Ernest Yazzie Jr. introduced legislation to give each chapter $200,000.

"I want to use this to help the Diné," Yazzie said in Navajo. "I'm thinking only of my Diné people."

"This legislation may be improper," suggested Delegate Ervin M. Keeswood Sr. He noted that the UUF only held $10.9 million, while Yazzie's bill called for the spending of $22 million.

"Obviously, there are insufficient funds," Delegate George Arthur said. "This legislation should not be allowed."

Speaker Lawrence T. Morgan questioned Yazzie on this point; with the Church Rock/Breadsprings delegate suggesting that someone could amend the bill's amount.

"If any members are wishing to make an amendment, then it's up for a vote," Delegate Johnny Naize said. "If not, then it should be ruled out of order."

There are many needs among the chapters, and this money would not solve all the problems, Delegate Jerry Bodie said. A major problem facing reservation ranchers now is drought, he added.

Bodie offered an amendment to change the legislation's total to the $10.9 million available in the UUF adding that the money could be used for water rehabilitation and livestock issues.

"Water is life," Bodie added.

Under Bodie's amendment, each of the 110 chapters would receive slightly more than $99,000.

All of the chapters do not have the necessary equipment to repair their own dams or create wells, Keeswood said. The funds would be useless to those chapters, unless they contracted with someone for construction or paid to have water hauled in, he added.

Yazzie's bill fell to defeat, 52-31 needing 59 votes, or a two-thirds majority for passage.

In another bill touching on water-related issues, Delegate Jack Colorado proposed dividing $1.1 million among the chapters to use for incentive payments to encourage people to sell livestock to help alleviate overgrazing.

Not all chapters are the same size, or have the same amount of livestock, Keeswood noted. The bill calls for splitting the funds evenly, and that would probably create another set of problems. Keeswood said.

"I understand the intent, but it hasn't been thought out," Keeswood said. "Where does this come from? Maybe it's from Mr. Tsosie's attempt to discredit the council over rings, it's an attempt to give money to the chapters?"

Delegate Leonard Tsosie complained following a special session July 3, in which delegates speaking in Navajo approved an amendment to spend $50,000 for rings for themselves.

Later, Tsosie raised the issue again.

"My name was used in saying I discredited the council, I have never used anybody's name," Tsosie said.

Delegate Katherine Benally raised an objection, and speaking in Navajo pleaded with Tsosie not to add to the tension.

Tsosie accepted Benally's suggestion, adding "We should not use names here, but those who did so you know who you are."

Speaking on the legislation, Tsosie said the intent was commendable, but it would do nothing about the number of unpermitted livestock roaming the reservation.

Colorado's legislation eventually failed, 22-56, but not before numerous efforts were made to attach spending riders to it.

Delegate Young Jeff Tom proposed using $150,000 from the UUF to provide a grant to Little Folks Day Care.

Little Folks is a private business, noted Delegate George Arthur. How could it be justified to give the day care money, he asked?

"The Navajo Nation needs to question finding off-reservation businesses," Delegate Woody Lee said.

The amendment was gunned down, 15-41.

Undeterred, Tom offered an amendment to give $500,000 from the UUF to the Rehoboth Christian School as a grant.

This elicited a firestorm of protest from some delegates.

The Nation gave the school money several years ago, and it led to displeasure, Delegate Norman John II said.

"We gave it money a few years ago. My conscience said 'No', but my heart said 'Yes'," John said. "I supported it and the money was misused."

The tribe gave the money to help expand Navajo classes; instead the classes were cut and teachers reassigned, Delegate Francis Redhouse said.

"The money was diverted from the purpose it was given," he added.

Rehoboth is a private school, Arthur said. He also said the Nation should think very seriously if it wants to start mixing politics with religion.

"The council has been misinformed about how the money was used," Tom said.

When the Nation questioned the school's use of the funding, it was told by school officials that once the money was given, the school could use it however it wanted, John said.

It failed 23-58.

"We're debating things already on the agenda," said Delegate Jonathan Nez. "Maybe we should do it the right way? We, as a council, should stand up and say no to adding riders."

Riders are amendments tacked on to a main piece of legislation, if the main motion passes, all the riders with it are also approved. Riders do not need to have anything to do with the main bill.

Agreeing with Nez, Keeswood said the council needed to be more fiscally responsible.

Delegate Orlanda Smith-Hodge, saying it was an emergency, proposed an amendment to provide $1.1 million to the Klagetoh Chapter, which suffered a recent wildfire.

This legislation is important, and should stand on its own instead of being attached to an unrelated bill, Delegate Lorenzo Bedonie suggested.

Katherine Benally agreed.

She said she planned to vote against the main motion, but would support the Klagetoh funds if it was heard separately.

"Your amendment may pass, but when we vote on the main legislation, it will fail," Delegate Lorenzo Bates said. It would be best, if Smith-Hodge presented her emergency legislation on its own, bates agreed.

"I will have emergency legislation (today)," Smith-Hodge said.