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- By Native News Online Staff
On Thursday, August 21, the Naabik’íyáti’ Committee approved Legislation No. 0178-25, extending a limited waiver of the Navajo Nation’s sovereign immunity through September 30, 2029.
The waiver allows the Navajo Nation to be sued only in federal district court for matters related to compliance with the National Environmental Policy Act (NEPA)—a requirement imposed by the U.S. Department of Housing and Urban Development (HUD) for releasing grant funding for housing projects.
This extension continues a policy first adopted by the Navajo Nation in 2000 and reaffirmed by subsequent Council actions. It authorizes the Navajo Nation President to legally sign HUD Form 7015.15, a critical step in accessing federal housing funds under NEPA.
Without this waiver, HUD cannot release funding, effectively halting housing construction and rehabilitation efforts aimed at addressing urgent housing needs across the Nation.
Importantly, the waiver does not diminish the Navajo Nation’s broader sovereignty. It is a narrowly defined, temporary provision that applies only to NEPA compliance related to HUD grants. By accepting limited federal court jurisdiction in this context, the Nation preserves local control over housing initiatives while ensuring timely access to critical funding.
“This is about delivering homes to our people. HUD requires NEPA compliance to fund these projects, and that compliance requires this limited waiver. It’s not a surrender of our sovereignty — it’s an exercise of it. We are choosing to take on these responsibilities so that our communities don’t wait years for the housing they need now,” Council Delegate Jesus said.
The Navajo Housing Authority (NHA), which oversees federal housing grants for the Nation, strongly supported the legislation. Its Board recognized the waiver as essential to moving forward with projects to build, rehabilitate, and modernize homes—efforts that would otherwise be delayed, leaving many families in overcrowded or substandard conditions.
The resolution also empowers the Navajo Nation President to act as the certifying official under NEPA, helping streamline the release of federal funds and the implementation of housing programs.
Legislation No. 0178-25 was approved on the consent agenda with a vote of 15 in favor, 2 opposed.
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