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Where no Navajo law exists
September 30, 2013 Professional Journal

THE NAVAJO COUNCIL’S NAA’BIKI’YATI’ COMMITTEE CONTINUES TO DEBATE PROPOSED $220 MILLION BOND/LOAN

DELEGATE LEONARD TSOSIE
I would like to ask that we do roll call vote on any actions regarding proposed $220 million Bond/Loan. (The votes of Navajo Council standing committees are not recorded by name of committee member. The Council electronically records votes and so there is a printout of how Delegates vote.)

This second amendment from Delegate LoRenzo Bates looks like KeyBank language but we will be dealing with pple in New York and we don’t know if they respect Navajo way. In $60 million KeyBank land, we were not as clear but KeyBank understood.

So ask that we specifically identify “availabl assets.”

In Wingate land negotiations, a Navajo official took document to Washington, D.C., that Navajo Nation supported Zuni Pueblo’s claim to Fort Wingate. And so language should be added that clearly states that only the Council could identify what are “available assets.”

DELEGATE JONATHAN HALE
how is this langauge better, Mr. Bates? When we started as Council of 24, we agreed that Naa’biki’yati’ Committee would be where we would have a consensus vote so there would be full support. But in looking at prior amendment, the vote was 9 in favor, 7 opposed.

I know we’ve been debating this for four hours but we have a quorum and I also ask Mr Speaker that you allow Full Debate especially after you told us to keep debate on amendments.

DELEGATE LORENZO BATES
SEction 8 DEALS WITH how Doug explaioned it. you have two sets of how borrow. thru discussion w KeyBank, we verbally said where money come from to pay for debt. In this case, section 8 will still ID internally those dollars that would repay the loan. SEction 7 goes to other picture of revenue generating portion of Bond cuz we have not ID how tribe pay back with own revenues including enterprises such as NTUA.

DELEGATE KATHERINE BENALLY – SPONSOR
Remember my legislation going throuh process several weeks and when legislation written it had not gone before Standards & Poors and we had to share with them. And it was S&P that ID New York federal court.

We were using same language as KeyBank $60 million for jails. But that was before S&P asked to review it and make recommendations.

DELEGATE RUSSELL BEGAYE
Big difference between Section 7 amendment and Section 8 amendment. This much better. I feel New Mexico much friendlier than Arizona. Arizona Republican and NM Democat. NM Governor Hispanic. i think have better hearing and ruling if use NM law/courts rather than Az law/courts.

DELEGATE WALTER PHELPS
i LIKE THE fact that KeyBank one of those institutions that honor and recognize Navajo sovereignty is real and the laws that we have are sufficient.

I guess this is something when most of came here and talking line item veto for former Bennett Freeze area and that President Shelly said jurisdiction unclear. Like Moon. Who really has jurisdiction? China can claim. Russia can’t claim. I would like to say the moon is a US moon. But for Mars we don’t quite have our flag up there yet.

But there is language in last sentence and I want to know where come from. Drawdown GEO documents governed by substantive Navajo law and where no Navajo law exists. Who fabricating this and would think that we wud sign “where no Navajo law exists.” Certainly President got hold of that to deny services to Navajo Reservation Western Agency.

Jurisdiction clear for federal law/courts and state law/courts.

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