Deal Killer: Hold NTEC and BHP liable


I suport this legislation. Navajo Council investigated whether buying coal mine good thing and we decided it was. But like any big venture it wud cost money. At the beginning I didn’t drive around there, kicked tires, looked under hoods. We had people that did that. And also nondisclosure agreement where disclusures made. And when returned, trusted cuz by pple trust. Little disturbed that due diligence report unavailable but received.

As to amendment, we had discussion and discussed extensively at Naabi and did with open eyes and asked about past, present and future liabilities. and matter of trusting pple that gave us report. We have Board and half of them went to school on tribal scholarships. I trust them. This not like NGS. Navajo people involved and schooled in this thing. Non Navajos on Board who are caring and they are sincered and they’ve been tested during Az Corporation.

They said okay to do release. but if other side not telling us truth, then committing fraud and there are remedies. So oppose amendment.

Navajo Nation signed nondisclosure agreeemtn with BHP and Due Diligence went out there and saw nothing with environmental risk. Dr. John Grubb was mine manager for 15 years and he is unaware of anything. It is a high risk for tribe. OSM did hydrological study and no migration of mine ash. Study concluded no contamination of surface water or contamination of acquifer. Navajo EPA Director Etcitty testified that NEPA monitoring Peabody and PNM mine and concludes that thre are no significant liabilities.

If BHP did not disclose anything during due diligence then that is fraud and mutual agreement invalid. knowing rish extremely low, and NTEC executing agreement not waiving obligation of federal government/BIA/USEPA to pursue claims if anything turned up but we think that won’t happen. Mutual Release Agreement is what happens. BHP wants to walk away from deal free but by Council approving NTEC to enter into agreement then even tribe cud pursue legal remedies.

Yield time to NTEC Board Prez Steve Gunderson.

ivolved in hundreds of corporate deals and understand good intentions of amendments but it is absolute deal killer. When corporates enter into agreement, much like sale of car, seller not resonsible for car after sold and buyer enjoys car. Corporate assets are similar.

LIMITED downside rish to NTEC and tribe, but extraordinary upside to benefits. Like I said, amendment is deal killer.

if it’s deal killer, i support it.
Delegate Tsosie putting his life and trust into what done so far especially due diligence.
I think back to when proponents of Dine Power Authority sit there and say same thing and we’d praise them for their expertise and we wud reward them with money. I have justification to be cautious. We lost lot of money with DPA and this is tribe’s money. And if nothing to hid then why protect self with waiver. You are suppose to do all homework before transaction.

Gunderson, We might be so all motivated that we gloss over important details and paragraph 2 speaks to that. If you don’t do your job, you want this legislation and for us to give you sovereignty. You want waiver and protection of Navajo Nation provided company protected. You dont want to be held responsible for bad mistakes. Like I said we can’t go after DPA managers. The money is gone. And you also excluding other party, BHP.

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