THE NAVAJO NATION LEGISLATIVE BRANCH INTERNET PUBLIC REVIEW PUBLICATION LEGISLATION NO: _0107-16__ SPONSOR: Jonathan L. Hale TITLE: An Action Relating To Health, Education And Human Services, Budget And Finance, NAABIK’IYATI’; And Navajo Nation Council Approving Supplemental Funding From The Unreserved, Undesignated Fund Balance In The Amount Of Three Million, Five Hundred Fifty Eight Thousand, Eight Hundred Fifty Six Dollars ($3,558,856) For The Navajo Head Start, Business Unit 109019, As A Cash Match Requirement For Federal Financial Assistance Grant For FY 2015 To FY 2016 Date posted: April 4, 2016 at 5:25 PM Digital comments may be e-mailed to [email protected] Written comments may be mailed to: Executive Director Office of Legislative Services P.O. Box 3390 Window Rock, AZ 86515 (928) 871-7586 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 being 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. LEGISLATIVE SUMMARY .SHEET Tracking No. () J0/- )V:? DATE: April1, 2016 TITLE OF RESOLUTION: AN ACTION RELATING TO HEALTH, EDUCATION AND HUMAN SERVICES, BUDGET AND FINANCE, NAABIK' fYATI', AND NAVAJO NATION COUNCIL; APPROVING SUPPLEMENTAL FUNDING FROM THE UNRESERVED, UNDESIGNATED FUND BALANCE IN THE AMOUNT OF THREE MILLION, FIVE HUNDRED FIFTY EIGHT THOUSAND, EIGHT HUNDRED FIFTY SIX DOLLARS ($3,558,856) FOR THE NAVAJO HEAD START, BUSINESS UNIT 109019, AS A CASH MATCH REQUIREMENT FOR FEDERAL FINANCIAL ASSISTANCE GRANT FOR FY 2015 TO FY 2016 PURPOSE: This resolution, if approved, will approve supplemental appropriation in the amount of $3,558,856 for the Navajo Nation Head Start Program to be used as matching funds for a federal financial assistance grant that was awarded for FY 2015 to FY 2016. This written summary does not address recommended amendments as may be provided by the standing committee. The Office of Legislative Counsel requests each committee member to review the proposed resolution in detail. OLC No. 16-254-1 5-DAY BILL H LD PERIOD: ~ Health, Education &Human Website Posti Time/Date:_..,.,._ __ Posting End ote: q- J f/J Elirrible for A on· 71-10 -/(e 1- ::. . :es.Qmnitleer-· S e ·1\W, Budget & Finance THENCE PROPOSED NAVAJO NATION COUNCIL RESOLUTiot!aa'bik'(y4ti~--Co . 2 23rd NAVAJO NATION COUNCIL -- Second Year, 2016 3 INTRODUCED BY • 5 (Prime Sponsor) 7 TRACKING NO. 8 C) )07-J<t; 9 10 AN ACTION 11 RELATING TO HEALTH, EDUCATION AND HUMAN SERVICES, BUDGET AND 12 FINANCE, NAABIK' iYATI', AND NAVAJO NATION COUNCIL; APPROVING 13 SUPPLEMENTAL FUNDING FROM THE UNRESERVED, UNDESIGNATED FUND 14 BALANCE IN THE AMOUNT OF THREE MILLION, FIVE HUNDRED FIFTY EIGHT 15 THOUSAND, EIGHT HUNDRED FIFTY SIX DOLLARS ($3,558,856) FOR THE NAVAJO 16 HEAD START, BUSINESS UNIT 109019, AS A CASH MATCH REQUIREMENT FOR 17 FEDERAL FINANCIAL ASSISTANCE GRANT FOR FY 2015 TO FY 2016 18 19 SECTION ONE. AUTHORITY 20 A. Pursuant to 12 N.N.C. § 820 (L), "[t]he Navajo Nation Council may adopt and 21 approve supplemental appropriations to the Annual Comprehensive Budget during 22 the fiscal year. Supplemental appropriations of General Funds within the current 23 fiscal year are permitted, if and when additional sources of revenues above and 24 beyond the initial or current revenue projections are projected and which are also in 25 excess of the reserve amount set forth at§ 820(J)." 26 27 28 29 B. The Navajo Nation Council is the governing body of the Navajo Nation, pursuant to 2 N.N.C. § 102 (A). C. Pursuant to 2 N.N.C. § 401 (C)(l), the Health, Education and Human Services Committee is the oversight committee for the Department of Dine Education and 30 1 of4 UIENC:S. Navajo Natto l;ouncn 4 6 mfttee No. 16-254-1 pursuant to 2 N.N.C. § 401(B)(6)(a), the Health Education and Human Services 2 Committee reviews and recommends resolutions related to education. 3 D. Pursuant to 2 N.N.C. § 301 (B)(2) the Budget and Finance Committee is authorized to 4 review and recommend to the Navajo Nation Council the appropriation of all funds. 5 E. Pursuant to 2 N.N.C. § 164 (A)(9), a proposed resolution that requires final action by 6 the Navajo Nation Council shall be assigned to the Naabik'iyati' Committee before it 7 is heard by the Navajo Nation Council. 8 9 10 SECTION TWO. FINDINGS A. The Navajo Nation Head Start Program is a federally funded and community 11 supported program; the federal government awards community organizations 80 12 percent of the cost of the programs and expects an agency to fund 20 percent from 13 cash or in-kind donations. 14 B. The Navajo Nation Head Start Program has received a guidance letter for FY '16 15 stating that the Navajo Nation is eligible to apply for Year Two funding on a Five 16 Year non-competitive funding cycle, in the amount of$22,447,502. 17 C. The Navajo Nation Head Start Program is requesting a supplemental appropriation as 18 a cash match for the U.S. Department of Health and Human Services, Administration 19 for Children and Families grant in the amount of Three Million, Five Hundred Fifty 20 Eight Thousand, Eight Hundred and Fifty Six Dollars ($3,558,856). Budget forms 21 attached as Exhibit A. 22 23 D. The Title 12 Finance Act Supplemental Appropriation requirements include: 1. Pursuant to 12 N.N.C. § 820(M), all requests for annual operating funds and 24 supplemental funds shall be submitted to the Office of Management and Budget 25 ("OMB") for budget impact analysis. On January 26, 2016, the Office of 26 Management and Budget presented its memorandum with regard to this 27 supplemental request for appropriation. The memorandum is attached as Exhibit 28 B. A follow up memorandum, dated March 28,2016, from OMB is attached as 29 Exhibit B-1. 30 2 of4 No. 16-254-1 2. Pursuant to 12 N.N.C. § 820(M), when the Controller identifies additional 2 sources of revenues above and beyond the initial or current revenue projections, 3 supplemental appropriations may be allocated by the Navajo Nation Council. The 4 attached memorandum, Exhibit C, from the Office of the Controller has identified 5 the additional revenues. 6 E. The Navajo Nation Head Start program provides services to the Navajo Nation's 7 children and families with the estimate of income eligible 3 and 4 year olds in the 8 Navajo Nation service area at 3,470 children. See Navajo Nation Head Start Year 2 9 New Application. 10 F. In previous years the Navajo Nation Head Start Program failed to ensure grant 11 compliance and as a result was placed under suspension by the Administration for 12 Children and Families; however, in 2014 the Navajo Nation's restructuring efforts led 13 to the successful passage of a comprehensive federal review where no deficiencies or 14 areas of non-compliance were found. 15 16 G. The Navajo Nation hereby finds it is in its best interest to approve this supplemental funding request. 17 18 SECTION THREE. APPROVING SUPPLEMENTAL FUNDING FROM THE 19 UNRESERVED, UNDESIGNATED FUND BALANCE IN THE 20 AMOUNT OF THREE MILLION FIVE HUNDRED FIFTY EIGHT 21 THOUSAND EIGHT HUNDRED FIFTY SIX DOLLARS 22 ($3,558,856) FOR THE NAVAJO HEAD START, BUSINESS UNIT 23 109019. 24 25 A. The Navajo Nation, having received certification by the Office of the Controller that 26 as of April 01, 2016 the balance in the Unreserved, Undesignated Fund Balance is 27 $9,604,215 which includes pending Resolutions for supplemental appropriation. 28 Attached as Exhibit C. 29 B. The Navajo Nation hereby approves supplemental funding from the Unreserved, 30 Undesignated Fund Balance in the amount of Three Million, Five Hundred Fifty 3 of4 No. 16-254-1 Eight Thousand, Eight Hundred and Fifty Six Dollars ($3,558,856) for the Navajo 2 Nation Head Start Program, business unit #109019, as a cash match for the U.S. 3 Department of Health and Human Services, Administration for Children and Families 4 grant for Fiscal Year 2015 to Fiscal Year 2016. 5 C. This supplemental appropriation of Three Million, Five Hundred Fifty Eight 6 Thousand, Eight Hundred and Fifty Six Dollars ($3,558,856) shall be to the Navajo 7 Nation Head Start Program, Business Unit #109019 and from that amount of funds 8 that exceeds the minimum fund balance of the Unreserved, Undesignated Fund 9 Balance as determined by the Office of the Controller, pursuant to 12 N.N.C. § 10 820(L). 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 4 of4 No. 16-254-1
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