HERE AT NAVAJO COUNCIL WORK SESSION ON LEGISLATION 0367-13.
JEFFREYT STRASSNER, MANAGING DIRECTOR FOR MARSH & MC LENNAN COMPANIES
Get the bond from Zurick and from NTEC, a promise to repay. Same with contract and this contract with utilities. NTEC assurity to Zurick that NTEC promise with bond to complete job.
NTEC new entity so asked for co-signer, which is Navajo Nation, to guantee NTEC’s obligation to Zurick.
So what have is federal government satisfied that reclamation will be done and completed.
And there is contract with lot of terms and conditions for supply of coal but with assurity, which is bond and contract, that contract will be completed.
No different on how Assurity Bond would work and promise or indemnity to pay.
Zurick has done work with Navajo Nation. Zurick wrote/provided $25 million court bond and if appeal then not pay and if lose then pay. Navajo promised to reimburse Zurick. $25 million large bond but smaller than what talking about here.
HILLARY MARTINEZ, MARSH
with March 20 years and Zurick has business relationship with tribe, enterprises. Takes 30 percent of property program, auto liability for gambling enterprise.
DELEGATE NELSON BEGAYE
I thot there was umbrella of protection for Navajo Nation regarding Navajo Transitional Energy Company’s dealings with BHP and Four Corners Power Plant. And Zurick asking waiver.
ATTORNEY GENERAL HARRISON TSOSIE
Some of its legal. under American law you have to use legal theory and no obligation unless have agreement/contract which allows disputes to be settled over contract disputes and can go to court. but if someone raises sovereign immunity then other parties doesn’t allow you to be dragged into court. so if dollar amount high then ask you to waive sovereign immunity and we can go to court and I might get some relief.
DELEGATE LEONARD PETE
Reclamation bond shouldn’t include bond ash. and to be held liable for future coal ash when sell coal and I don’t want them to come back and say you are liable for coal ash. and in this bond to also be liable for contamination of environment. my main concern is that we become liable once we become total owners and are not liable for BHP coal mining operations.
