Here at Naa’bik’iyati Committee where Naabi approved Legislation 0367-13, which waives 100 percent of tribal sovereign immunity, allows Navajo Transitional Energy Company to use New Mexico and Arizona courts to resolve disputes regarding reclamation insurance, and for NTEC to obtain a bond/loan for its reclamation insurance for coal mine and operation of coal that NTEC is taking over from BHP.
Our Navajo court has authority so make amendment, the judicial court of NM and if unavailable then go to Az court. So I want to strike that language and insert judicial courts of Navajo Nation. Which is that tribal court shall be exclusive forum for binding arbitration. I haven’t had time to review entire section but want Delete #2 and #3, which removes entirely from NM and Az. And any company doing business with tribe should understand that.
SPEAKER ASKS IF DELEGATE RUSSELL BEGAYE HAS PROPOSED LANGUAGE. DELEGATE BEGAYE SAYS HE’LL PROVIDE LANGUAGE DURING SPECIAL COUNCIL SESSION.
SPONSOR DELEGATE LORENZO BATES
I’d like to have Navajo Department of Justice Dana Bobroff answer.
NDOJ Gomez negotiated insurance. The insurance necessary here is very specialized, very complex and my understanding is referred to Marsh which is Navajo broker to find out what firms handle this kind of insurance. Zurick chosen cuz previously did business with tribe. but Zurick said that before complete that they wanted arbitration to go to New Mexico.
SHIPROCK CHAPTER CHILI YAZZIE
Stands and shouts out that Council is out of order.
Calls for Navajo police
VOTE BY NAA’BIK’IYATI COMMITTEE ON LEGISLATION 0367-13
11 IN FAVOR, 3 OPPOSED
Vote for Naabi to adjourn:
9 in favor, 4 opposed, Naabi adjourns