Proposed Shiprock, NM, Chapter resolution Objecting to BHP waiver

Shiprock President Duane “Chili” Yazzie is reading his legislation:”Stating an Objection to the Navajo Nation Council Approval to Grant BHP Mine’s a Waiver of All Liability in the BHP Navajo Mine Purchase by the Navajo Nation.”

WHEREAS: The Shiprock Chapter of the Navajo Nation acts on this resolution pursuant to the authority conferred to the Chapter thrugh Navajo Nation Code Title 26, Chapter 1. Section B. Purpose which states, “Through adoption of this Act, the Navajo Nation Council delegates to Chapter governmental authoirty with respect to local matters consistent with Navajo Law, including custom and tradition,” and

the Shiprock Chapter membership knows that the Navajo Nation signed an agreement to purchase the BHP Navajo Mine, and

The Shiprock Chapter is concerened with the following portion of Exhibit G of the Navao Transitional Energy agreement: The purchaser group, including, without limitation, the Nvajo Nation in its sovereign, governmental, regulatory, and propreietary capacities, on the other hand, in each case, including, affiliates, successors and assigns, thereof (each, an ‘EIPA Releasing Party’) does hereby release and absolutely forever discharge the other and its affiliates (the ‘EIPA Released Parties) from and against all EIPA Released matters. ‘EIPA Released Matters’ means any and all claims, demands, damages, indebtedness, liabilities, obligations, costs, expenses (including attorneys’ and accountants’ fees and expenses, actions and causes of action of any nature whatsoever, whether now known or uknown, suspected or unsuspected, that any EIPA Releasing Party has, or at any time previously had, or shall or may have in the future with respect to any of the eIPA Released Parties, which arise from, or are in any manner related to, the condition, management, operation, use, or lease of the Navajo Mine, the related mine plant lease and the associaed rights of way, at any time on or prior to the closing date, and

The Shiprock Chapter membership believes that it is unconscionable to absolve BHP Mines of all historical, present and all future liabilities related to the BHP Navajo Mine in perpetuity.

NOW, THERFORE BE IT RESOLVED THAT: The Shiprock Chapter membership hereby declares its unequivocal objection to the Navajo Nation Council approval to grant BHP Mines a waiver of all liabilities in the BhP Mine Purchase by the Navajo Nation.

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