NAVAJO COUNCIL DEBATING NAVAJO TRANSITIONAL ENERGY COMPANY AMENDMENTS TO THEIR PLAN OF OPERATION.
NAVAJO TRANSITIONAL ENERGY COMPANY
Few formatting changes. Two major changes, confirming management committee base decisions on best interest of committee and nation and so striking Navajo people.
Another major change, language that BHP insisted upon tht wud prevent NTEC from changing organic documents to avoid financial obligations. Prevent NTEC make corporate change.
Additionally legislation also approve changes made to NTEC operating agreement by NTEC board on May 18, 2013, NTEC empowered to do that and not return to Council for approval but show Council.
Once NTEC formed, enabling legislation filed with Regulatory Office and legal entity since May 2013.
Exhibits A-F and G:
A-F: redundant, principal exhibit is C, which contains underlines and strikeouts to original legislation, CAP-20-13.
Exhibit E shows clean version of proposed amendments to CAP-20-13
Exhibit A is CAP-20-13
Exhibit B same legislation in form went thru committees.
Exhibit D is narrative of Exhibit C, proposed amendments unlines and strikeouts
Exhbit F, amendmed operating agreement by Board and those amendments wud be ratified by Cuncil.
Exhibit G, release of agreement between BHP, parents/affiliates and NTEC/parent/affiliates that Naabi approved last Thursday
DELEGATE LORENZO CURLEY
I want to ask Speaker if this shud go to Navajo people as referendum. I say this because of Exhibit G: was not highlighted much and perhaps intentional not to draw attention to.
READ; absolutely discharge from any all claims, damages, expenses, costs, cause of actions whether unknown, known, suspected or unsuspected. This wat being asked to waive and related to our resources/assets.
Lost $40 million when Dine Power Authority dissolved. So who wud be responsible. We also went after BCDS and Huerfano Egg Farm for $2 million. We were very insistent about getting those monies back but we are not asking this company, we are not expecting same of this company. And that’s not right. NTEC shud not be absolved of all decisions especially if lead to money losses. We didn’t do it with DPA and loked at $40 million in losses.
Navajo pple demanding restitution in discretionary fund losses so do same with NTEC. Have NTEC assume all responsibilities.
DELEGATE RUSSELL BEGAYE
Navajo Nation releases NTEC, BHP and all parties liabilities, costs, including attorneys and goes futher, actions and cause of actions, now known, unknown, etc. or previously had liabilities or shall or may have in future. RELeasing from management ofmine, use of mine, lease of Navajo mine,operation of mine.
I want to do amendment to make sure that when we go to court that we not held for past, future actions that create liability for nation. One passed on Thursday, added Exhibit G, insert wording, LLC on behalf of Navajo Nation and BHP, add provided seller for itself and any other person in seller group not be released from claims if made by seller
My amendment is to protect Navajo nation and Navajo people.
BEGAYE’S AMENDMENT SECONDED BY DELEGATE ELMER BEGAY