The Navajo People now own a coal mine

Navajo citizens made it clear with signs and their voices that opposed Legislation 0367-13 as they stood outside the Navajo Council chamber in Window Rock, Ariz., on Dec. 27, 2013. Photo by Marley Shebala

Navajo citizens made it clear with signs and their voices that opposed Legislation 0367-13 as they stood outside the Navajo Council chamber in Window Rock, Ariz., on Dec. 27, 2013. Photo by Marley Shebala

BHP Billiton announced, “Navajo mine sale completed” Dec. 30, 2013, in a one-page press release that BHP emailed out late this afternoon.

New Mexico BHP Coal President Pat Risner stated in his press release, “BHP Billiton is pleased that the Four Corners Power Plant owners, the Navajo Nation and NTEC have agreed to move forward and worked with us to conclude this important transaction. This is great news for the employees, communities, and all stakeholders that derive benefits from Navajo Mine and the Four Corners Power Plant. This transaction represents an important economic development opportunity for the Navajo Nation and preserves critical jobs and revenue for the region until at least 2031.”

HERE IS THE WEB ADDRESS FOR BHP PRESS RELEASE ON FINALIZED SALE OF BHP COAL MINE TO NAVAJO NATION/NAVAJO TRANSITIONAL ENERGY COMPANY:
https://drive.google.com/file/d/0B7xhIWpNuJXiZGlVMjVNSHhPWEdzcWswYWRmaE5uaWh1Q2t3/edit?usp=sharing

On Dec. 27, the Navajo Council approved Legislation 0367-13 with a vote of 17 in favor and 5 opposed at 4:04 p.m. and later that day, Speaker Naize signed the finalized Legislation 0367-13 which was delivered to Navajo Nation President Ben Shelly, who almost immediately signed off on it. All in one day!

HERE IS THE WEB ADDRESS FOR THE NAVAJO COUNCIL APPROVED AND PRESIDENT SHELLY SIGNED COPY OF LEGISLATION 0367-13: APPROVING AN ALTERNATIVE FORUM FOR ENFORCEMENT OF BINDING ARBITRATION AND ANCILLARY PROCEEDINGS BROUGH PURSANT TO THE NAVAJO NATION SOVEREIGN IMMUNITY ACT IN THE GENERAL INDEMNITY AGREEMENTS BETWEEN THE NAVAJO NATION AND ZURICK AMERICAN INSURANCE COMPANY AND ARCH INSURANCE COMPANY RELATED TO THE ISSUANCE OF PERFORMANCE AND RECLMATION BONDS RELATED TO THE NAVAJO MINE:
https://drive.google.com/file/d/0B7xhIWpNuJXibmtOTDNWUWxRaFlqMnh3cHhnYUUwMHZpdHFn/edit?usp=sharing

Protesters against Legislation 0367-13 posted signs in front of the Navajo Council chamber on Dec. 27, 2013. Photo by Marley Shebala

Protesters against Legislation 0367-13 posted signs in front of the Navajo Council chamber on Dec. 27, 2013. Photo by Marley Shebala

The signed copy of Legislation 0367-13 also includes all the written public comments that individuals submitted to the Council and that the Council and Legislative 0367-13 Sponsor Council Delegate LoRenzo Bates did not ask to be publicly read into the record before the Council voted.

The 17 Delegates that voted “YES” on Legislation 0367-13 were:
George Apachito
LoRenzo Bates
Mel Begay
Nelson BeGaye
Katherine Benally
Joshua Butler
Charles Damon II
Kenneth Maryboy
Leonard Pete
Walter Phelps
Danny Simpson
Roscoe Smith
David Tom
Duane Tsinigine
Leoanrd Tsosie
Dwight Witherspoon
Edmund Yazzie

The 5 Delegates that voted “NO” were:
Elmer Begay
Lorenzo Curley
Jonathan Hale
Jonathan Nez
Alton Shepherd

The 2 Delegates that did not vote were:
Russell Begaye, who had a medical appointment
Johnny Naize, who is Speaker and does not vote, unless there is a tie vote.

And remember, the Council amended its Council floor rules to remove Abstensions, which means that Delegates can no longer cast an abstaining vote.

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