Navajo Nation Washington Office

This week President Nez provided testimony to the House Natural Resource Committee - Subcommittee on Indigenous Peoples in support of H.R. 5549 – Indian Health Service Advance Appropriations Act. This bill would authorize advance appropriations for Indian Health Service, Indian health facilities, contract support costs, and payments for Tribal leases, which has long been advocated for by Tribal governments and organizations to include the National Indian Health Board of which President Nez is a board member.

The advance appropriations would provide new budget authority that first becomes available at the beginning of the fiscal year and would further require that the U.S. President’s budget request include information on estimates for the advance appropriations.

President Nez highlighted the many challenges IHS faces including delayed disbursements of funds to support health programs. If advance appropriations for IHS were accepted, health administrators could treat patients without worrying about whether or when they will have the necessary funding available. Delays in the release of funding often challenges IHS in the delivery of health services impacting the quality of care for American Indians.

President Nez emphasized that IHS is the only healthcare system not insulated from government shutdowns, which impacts funding and “perpetuates chronic and perverse health disparities across Indian Country.” Further identifying the gaps in health equity, he compared IHS funding to other health systems such as the Veteran’s Health Administration that receives advance appropriations to minimize the impact of late or inadequate budgets and shields the VA from government shutdowns.

“The United States owes a special duty of care to Tribal nations, which animates and shapes every aspect of the Federal government’s trust responsibility to tribes” said President Nez, as he reaffirmed the Navajo Nation’s position and called on Congress to take action to fulfill the government’s trust obligation in accordance with the Treaty of 1868.

The Navajo Nation Washington Office will continue to monitor the progress of H.R. 5549 and provide updates as they become available.

Native women celebrated the reauthorization of VAWA, which now allows tribes to prosecute non-Natives for sexual violence, child abuse, sex trafficking, and assaults on Tribal police officers. None of these authorities were included in previous versions. The act will be up for renewal again in five years. Photo courtesy of NPR.

On Thursday July 28, First Lady Phefelia Nez provided testimony to the Department of Justice (DOJ) Office of Violence Against Women (OVW) to provide feedback on how to implement the FY22 Violence Tribal Jurisdiction Reimbursement Program. The Violence Against Women Act Reauthorization Act of 2022 (VAWA) created a new reimbursement program that allows the Attorney General of the United States to reimburse Tribal nations or their authorized designee for expenses and costs incurred, related to, or associated with exercising Special Tribal Criminal Jurisdiction (STCJ).

In accordance with Executive Order 13175, the DOJ solicited recommendations from Tribal governments through Tribal consultation to issue regulations for the reimbursement program by March 15, 2023, as required by the VAWA Reauthorization Act.

First Lady Nez provided feedback on types of expenses that should qualify for reimbursement, the annual maximum of reimbursement per tribe, waivers for annual maximums, and she advocated for additional funding opportunities to better support judicial and prosecutorial efforts within Indian Country.

As part of the discussion, First Lady Nez highlighted the challenges Tribal law enforcement and courts face when seeking justice for violent crimes as a result of high rates of declination from U.S. Attorney’s Offices (USAO), stating the "Navajo Nation has particularly high rates of Federal declination from the three USAOs that have Federal jurisdiction over its lands in Arizona, Utah, and New Mexico.” She recommended that they be reimbursed at higher rates.

OVW applauded First Lady Nez for her recommendations on the type of information needed to document the eligibility of a case to meet the statutory requirements of the VAWA Reauthorization Act, including utilizing Tribal census numbers on charging documents, receiving verification from Tribal enrollment offices, and labeling non-Indian cases to determine case appropriate prosecutorial jurisdiction.

Although the Navajo Nation does not currently participate in the reimbursement program or exercise STCJ, the recommendations made during this consultation will benefit Indian Country to offset costs incurred for the prosecution of non-Indians such as:

• the costs of incarcerating non-Indians convicted in Tribal courts;
• the costs of expanding the jury selection process to include non-Indians in the jury pool to the extent that non-Indians fairly represent a cross-section of the community;
• the costs of developing procedures on how to respond to non-Indians who outright refuse jury summons to Tribal courts;
• the costs of providing service to non-Indian defendants who may not live on Tribal lands;
• the costs of seeking extradition from state lands (or other Tribal lands);
• the costs of forensic interviews and physical examination of victims;
• the costs of providing public defense Counsel for non-Indian offenders.

The Navajo Nation appreciates the Department of Justice in engaging in Tribal consultation and will continue to work to enhance our unique government-to-government relationship to improve the lives of families within Indian Country.

Navajo Nation Council Impresses at Utah Summit

Utah Lieutenant Governor Deidre Henderson is flanked by Delegates Charlaine Tso and Mark Freeland. Photo courtesy of NNWO.

Grandfather of Native Journalism Walks On

Tim celebrated his 87^th birthday and formal retirement from Native Sun News last year with his wife Jackie. Photo courtesy of Native Sun News.

VA Advisory Committee on Tribal and Indian Affairs, Notice of Meetings

The department of VA gives notice that the Advisory Committee on Tribal and Indian Affairs will meet on August 15, 16, and 17, 2022. 

Call for Nominations for the

Glen Canyon Dam Adaptive Management Work Group Federal Advisory Committee

The US Department of the Interior proposes to appoint members to the Glen Canyon Dam Adaptive Management Work Group. The Secretary of the Interior is soliciting nominations for qualified persons to serve as members. Nominations must be postmarked by August 15, 2022. 

Agency Information Collection Activities; Tribal Education Department Grant Program

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Indian Education are proposing to renew an information collection. Written Comments and recommendations for the proposed information collection should be sent by August 19, 2022.

Tribal Self-Governance Planning Cooperative Agreement Program

IHS is accepting applications for Planning Cooperative Agreements for the Tribal Self-Governance Program. Through this program Tribes negotiate with the IHS to assume Programs, Services, Functions, and Activities, or portions thereof, which gives Tribes the authority to manage and tailor health care programs in. a manner that best fits the needs of their communities. Deadline to submit application is August 31, 2022. 

Agency Information Collection Activities; Tribal Enrollment Count

The BIA are proposing to reinstate a previously approved information collection. Interested persons are invited to submit comments before September 12, 2022. 

Agency Information Collection Activities; Request for Comment on FY2023 Expirations Under the Paperwork Reduction Act

The BIA, BIE and Office of the Assistant Secretary-Indian Affairs (AS-IS) are proposing to renew (11) information collections. Interested persons are invited to submit comments before September 20, 2022. 

Upcoming Events

Youth in Action:

Indigenizing Hip-Hop

August 12, 2022

How are Indigenous youth asserting their sovereignty and dismantling stereotypes through hip-hop? Join us for an online conversation with Native youth who meld hip-hop and Indigenous beats and rhymes to construct their own narratives and create social change.

National Tribal Health Equity Summit

August 16, 2022

This summit will convene leaders and stakeholders in Tribal health equity to build a path forward for health equity in Indian Country. This summit will examine important questions about how to advance health equity in a meaningful way, including discussions around the appropriate role of federal government agencies in supporting Tribal health equity, with a special focus on the Centers for Medicare and Medicaid Services.

Santa Fe Native Cinema Showcase 2022

August 18-21, 2022

The in-person Santa Fe Native Cinema Showcase is annual celebration of the best in Native film. By embracing oral histories, knowledge, and ancestral lands, Indigenous peoples are creating films to better understand the past and imagine a new way. of thinking for the future. The showcase provides a unique forum for  engagement with Native filmmakers from Indigenous communities throughout the Western Hemisphere and Arctic. 

National Tribal Health Conference

September 25 - 29, 2022

Join NIHB and explore the topics of health equity, health policy, Tribal advances in health and many more. The National Tribal Health Conference serves as a forum to discuss policy and political work in the arenas of Tribal health care, public and behavioral, and environmental health. Tribal leaders, Tribal health directors, administrators, policy analysts advocates, Native youth and early career professionals are invited.