(L-R) Unidentified Bond Financing manager, Navajo Nation Controller Mark Grant, Navajo Nation Division of Economic Development Deputy Director Raymond Nopah presenting border town tax data supporting $220 million Bond/Loan at Council session in Window Rock on Nov. 26, 2013. Photo by Marley Shebala

DELEGATE DUANE TSINIGINE

Section 7 simply has “limited waiver” and takes waiver of sovereign immunity of Controller authority so I support amendment.

DELEGATE MEL BEGAY

The previous Council did work on Arbitration Act which was to allow and attract outside businesses to appreciate Navajo laws. That was important move by Council so if eliminating and waiving, when are we going to give that policy opportunity to work and to fine tune it and outside firms to appreciate our sovereignty. Self Determination Act was provided to Navajo Nation and it was a blessing, and it allowed us to create Arbitration Act. I believe in economic development and investment but we ned to balance ourselves and our policies in way to work for us.

DELEGATE DUANE TSINIGINE

How much sovereignty are we jeopardizing? Some colleagues say all sovereignty. Question goes to DOJ attorney Gomez.

DOJ GOMEZ

we are looking at two types of financing: bank and second is when we go out into market is where sovereign immunity required to use state courts and this authorizes Controller to be in compliance with resolution which deals with bank financing and market issue. Tells Controller, you do wat resolution states and nothing more.

DELEGATE TSINIGINE

I support and give rest of time to Delegate Tsosie

DELEGATE TSOSIE

Look at Navajo Code Chapter 5, Title 1, Sovereign Immunity says we are immune from suit. WE have declared we are sovereign and sovereignty not given to us. We declare we our sovereign and then we go to New York where we are fair game and when fair game subject to any allegation that are supported by facts. So we can no longer say we are immune from suit. This amendment removes Sovereign Immunity. If stays in there, Controller has to look at conflict if conflct. Bond lawyers saying that if Sovereign Immunity remains in then Controller cannot complete deal. We are trading Rainbow for Money.

DELEGATE WITHERSPOON

The U.S. has waived its sovereign immunity to be sued by Indian Nations. If don’t waive then we have to go into U.S. Supreme Court has consistently ruled against us.

VOTE ON AMENDMENT ONE, DELEGATE BATES AMENDMENT at 4:44 pm:  9 in favor, 7 opposed