RELATING TO RESOURCES AND DEVELOPMENT AND NAABIKI'IYATI; RESCINDING CAP-34-80; APPROVING THE NAVAJO NATION ENERGY 

POLICY OF 2013 

BE IT ENACTED: 

1. The Navajo Nation makes the following findings with 

respect to this resolution. 

a. The Navajo Nation Council adopted the Navajo Nation Energy 

Policy, CAP-34-80 on April 29, 1980 ("1980 Energy Policy"); 

and 

b. The Nation acknowledges the enduring principles 

motivations set forth in the 1980 Energy Policy; and 

and 

C. The Nation desires to update and amend the energy policies 

of the Nation by rescinding the 1980 Energy Policy (CAP-34-

1980) by approving this 2013 Energy Policy; and 

d. The energy resources of the Nation are owned by the Nation 

and are to be administered and managed by the Nation for 

the benefit of all Dine; and 

e. The Nation will seek to maximize its level of autonomy in 

managing its energy resources and energy use on the Nation; 

and 

f. The Nation will take a leadership role in exploring and 

developing its energy resources to exercise its political 

sovereignty, to build true economic sovereignty, and to 

promote greater self-determination for future generations 

of Dine; and 

Page 1 of 5 

. .. 
p

g

conservation of its energy resources, the Nation may choose 

to utilize a combination of its wholly owned entities and 

outside energy companies to take advantage of the best 

technologies and capabilities to achieve the optimal 

balance of cost and results; and 

h. The 1980 Energy Policy helped build capacity of the Nation 

to realize many successes in the form of more favorable 

contracts and greater ownership of certain energy 

resources. It is acknowledged that the Nation can make 

improvements in the areas of governance, ownership, 

management, community involvement, health impacts, 

conservq.tion and environmental protection of the Nation's 

energy resources; and 

i. The Navajo government should ensure that the local impacted 

communities are educated on relevant energy development and 

related issues. Prior energy development and related 

projects occurred with little or no consultation or 

results; and 

j. Energy forms a cornerstone of the Navajo economy by 

providing jobs for our people, electricity for our homes 

and business, and revenues for our local and central 

government. Developing energy resources will expand government revenues, create new industries and promote 

sustainable jobs for the Dine. This economic base provides 

opportunities for Navajos to pursue technical and 

managerial careers in many energy-related products, service 

and supporting industries. The ability for Navajos to build 

stable careers while remaining close to their families will 

build the strength of our families and communi ties that 

have been fragmented by the need of our people to find work 

in metropolitan centers. A growing Navajo economy draws 

Page 2 of 5 
k. The Navajo People have made invaluable contributions to the 

strength of the United States and its economy by permitting 

and assisting in the extraction of uranium over several 

decades. Numerous uranium mines across the Nation were not 

properly reclaimed leading to widespread contamination and 

illness of our people and livestock; and 

1. The United States is the trustee of the resources of the 

Navajo Nation. In this role the United States government 

has a duty to protect the Nation's energy resources and to 

assist the Nation to manage such resources for the benefit 

of the Dine. The United States government is to engage in 

government-to-government dialogue and understanding and to 

respect Navajo Nation's decision in the users of its 

resources. Historically, the United States government has 

sought to control the Nation's resources to benefit 

external interests in the uses of its natural resources or 

refrained from assisting the Nation in the protection of 

its interests; and 

m. The Nation's depletable fossil fuels are abundant; however, 

some fossil fuels are currently out of favor with federal 

and state regulatory and environmental policies. A balanced 

portfolio of fossil fuel and cleaner renewable energy 

resources will provide the Nation with greater economic and 

financial stability; and 

n. The Nation has the great potential of solar and wind energy 

resources. The development of these cleaner renewable resources can provide our communi ties with cleaner energy 

and generate substantial economic value if sold to 

surrounding communities and metropolitan regions; and 

0. Many of the Nation's residents, businesses and 

are located in growth centers while many 

dispersed in remote regions and lack access 

Page 3 of 5 

institutions 

others are 

to electric 
p. The Nation is situated to provide pipeline and electrical 

transmission service provides access to more direct routes 

between energy sources and energy customers. The Nation's 

non-renewable energy resources require transportation and 

transmission to energy markets. Pipeline and transmission 

infrastructure can have a substantial impact on the 

environment communities and the viewscape. Establishing 

energy corridors are encouraged to enable the Nation to 

increase its revenues while minimizing the impact on the 

Nation; and 

q. Future development of cleaner renewable energy for export 

to metropolitan regions can generate substantial rents and 

business profits. These profits may be utilized to 

subsidize the cost of utilities for the Nation's residents, 

institutions and businesses; and 

r. By developing and executing a comprehensive energy 

strategy, the Nation can establish energy independence and 

build its economy for future generations. Diverse revenue 

streams from a balanced portfolio of energy extraction, 

generation and transmission will provide the Dine with 

economic stability, career opportunities and business 

opportunities. 

s. Approval and implementation of energy policies and 

agreements affect all parts of the Navajo Nation and it is 

important that the Executive Branch and Legislative Branch 

both be involved in the negotiation and approval of energy 

agreements. 

2. The Navajo Nation hereby rescinds CAP-34-80, the 1980 

Energy Policy. 

3. The Navajo Nation hereby approves the Navajo Nation 

Energy Policy of 2013, attached hereto as Exhibit A. 

Page 4 of 5 
j

(

) 

q

present and that the same was passed by a vote of 13 in favor 

and 6 opposed, this 22nd day of October 2 13. 

Motion: Honorable Walter Phelps 

Second: Honorable Katherine Benally 

ACTION BY THE NAVAJO NATION PRESIDENT: 

1. I hereby sign into law the foregoing 

legislation, pursuant to 2 N.N.C. 

§ 1005 (C) (10), on this day 

of OCT 2 4 2013 2 o 13 . 

2. I hereby veto the foregoing 

legislation, pursuant to 2 N.N.C. 

§1005 (C) (11), this day of 

2013, for the reason(s) 

expressed in the attached letter to 

the Speaker. 

Ben Shelly, President 

Navajo Nation 

Page 5 of 5 

Date 
create a self-sustaining economic future for the Dine on their lands; to ensure sovereign 

control by the Nation over the extraction and flow of resources from the Nation's lands; 

to supply Navajo communities with the benefits afforded by energy development 

through total resource sovereignty, hereby establishes the Navajo Nation Energy Policy 

of 2013 ("2013 Energy Policy"). 

This 2013 Energy Policy provides guidance in common language for elected officials, 

community leaders, managers in the Nation's government, board members and 

managers of the Nation's enterprises, federal and state regulatory authorities and 

Navajo and non-Navajo business interests dealing with energy issues on the Nation. 

The 2013 Energy Policy serves to guide in consideration of specific legislation, rules 

and regulations, energy strategies, board resolutions, management policies, programs 

and decisions related to energy in and around the Nation. 

WHEREAS: 

1. The Navajo Nation Council adopted the Navajo Nation Energy Policy (CAP-34-

80) on April 29, 1980 ("1980 Energy Policy"); and 

2. The Nation acknowledges the enduring principles and motivations set forth in the 

1980 Energy Policy; and 

3. The Nation desires to update and amend the energy policies of the Nation by 

rescinding the 1980 Energy Policy (CAP-34-80) and, hereby adopting this 2013 

Energy Policy; and 

4. The energy resources of the Nation are owned by the Nation and are to be 

administered and managed by the Nation for the benefit of all Dine; and 

5. The Nation will seek to maximize its level of autonomy in managing its energy 

resources and energy use on the Nation; and 

6. The Nation will take a leadership role in exploring and developing its energy 

resources to exercise its political sovereignty, to build true economic sovereignty, 

and to promote greater self-determination for future generations of Dine; and 

7. The Nation has established wholly owned businesses that explore for, develop 

and manage certain of its energy resources. To optimize the Nation's use, 

Page 1 of 12 
certain energy resources. It is acknowledged that the Nation can make 

improvements in the areas of governance, ownership, management, community 

involvement, health impacts, conservation and environmental protection of the 

Nation's energy resources; and 

9. The Navajo government should ensure that the local impacted communities are 

educated on relevant energy development and related issues. Prior energy 

development and related projects occurred with little or no consultation or results; 

and 

1 0. Energy forms a cornerstone of the Navajo economy by providing jobs for our 

people, electricity for our homes and businesses, and revenues for our local and 

central government. Developing energy resources will expand government 

revenues, create new industries and promote sustainable jobs for the Dine. This 

economic base provides opportunities for Navajos to pursue technical and 

managerial careers in many energy-related product, service and supporting 

industries. The ability for Navajos to build stable careers while remaining close 

to their families will build the strength of our families and communities that have 

been fragmented by the need of our people to find work in metropolitan centers. 

A growing Navajo economy draws educated and experienced tribal members 

back to the Nation, and provide the economic growth to support Navajo 

entrepreneurs and business owners; and 

11. The Navajo People have made invaluable contributions to the strength of the 

United States and its economy by permitting and assisting in the extraction of 

uranium over several decades. Numerous uranium mines across the Nation 

were not properly reclaimed leading to widespread contamination and illness of 

our people and livestock; and 

12. The Nation's coal resources make a significant contribution to the support of 

many Navajo families and to the financial the stability of the Navajo Nation 

government and its communities. The current policies of the federal government 

of the United States do not favor the use of coal. These policies negatively 

impact the Navajo Nation and the lives of its residents, and are contrary to the 

interests of the Navajo Nation; and 

13. The United States is the trustee of the resources of the Navajo Nation. In this 

role the United States government has a duty to protect the Nation's energy 

resources and to assist the Nation to manage such resources for the benefit of 

Page 2 of 12 
14. The Nation

s depletable fossil fuels are abundant however some fossil fuels are 

currently out of favor with federal and state regulatory and environmental 

policies. A balanced portfolio of fossil fuel and cleaner renewable energy 

resources will provide the Nation with greater economic and financial stability; 

and 

15. The Nation has the great potential of solar and wind energy resources. The 

development of these cleaner renewable resources can provide our communities 

with cleaner energy and generate substantial economic value when sold to 

surrounding communities and metropolitan regions; and 

16. Many of the Nation's residents, businesses and institutions are located in growth 

centers while many others are dispersed in remote regions and lack access to 

electric power. Greater access to electric power will provide a greater 

opportunity and access to modern conveniences for the Navajo residences; and 

17. The Nation is situated to provide pipeline and electrical transmission service 

providers with access to more direct routes between energy sources and energy 

customers. The Nation's non-renewable and renewable energy resources 

require transportation and transmission to energy markets. Pipeline and 

transmission infrastructure can have a substantial impact on the environment, 

communities and the viewscape. Establishing energy corridors are encouraged 

to enable the Nation to increase its revenues while minimizing the impact on the 

Nation. 

18. Future development of cleaner renewable energy for export to metropolitan 

regions can generate substantial rents and business profits. These profits may 

be utilized to subsidize the cost of utilities for the Nation's residents, institutions 

and businesses; and 

19. By developing and executing a comprehensive energy strategy, the Nation can 

establish energy independence and build its economy for future generations. 

Diverse revenue streams from a balanced portfolio of energy extraction, 

generation and transmission, will provide the Dine with economic stability, career 

opportunities and business opportunities. 

Page 3 of 12 
Page 4 of 12 
Short title - The Navajo Nation Energy Policy of 2013 hereinafter is referred to as 

the "2013 Energy Policy". The Navajo Nation hereinafter is referred to as the "Nation" 

Section 2: Scope and Review 

This 2013 Energy Policy sets forth principles relating to the exploration, 

development, sustainable management and use of energy resources on the Nation. 

The energy resources and assets of the Nation addressed by the 2013 Energy Policy 

include fuel resources, mines, generation facilities, transmission and distribution 

infrastructure and pipelines. The energy uses addressed by the 2013 Energy Policy 

include, but are not limited to, residential, commercial, industrial and governmental 

uses, including heating, cooling, mechanical, industrial process and transportation uses. 

The 2013 Energy Policy addresses the Nation's natural resource endowment in 

the areas of resource assessment, exploration, severance, development, production, 

preservation, management, protection, and distribution in order to maximize revenue 

and job creation for the benefit of the citizens of the Nation. 

This 2013 Energy Policy may be amended by the Nation if, and when, 

circumstances require. The Navajo Energy Office, referenced herein, will recommend 

proposed amendments to the 2013 Energy Policy as needed. 

Section 3: Definitions 

Section 301: The following terms are defined for the purposes of this document.. 

A. Electricity generating facilities. Includes facilities that burn fossil and biomass 

fuels to generate electricity; facilities that convert renewable resources to 

electricity (such as wind, solar, geothermal and hydroelectric); and, facilities 

generating electricity through nuclear fusion or fission for use on the Nation 

and for export for use off the Nation. 

B. Electricity transmission infrastructure. Includes high voltage and distribution 

transmission lines, substations and related infrastructure. 

Page 5 of 12 
utilizing five (5) acres of land or more, and (c) transmission lines or pipelines 

extending more than five hundred (500) feet. 

E. High Voltage. Includes 69KV and higher. 

F. Pipelines. Includes oil and gas pipelines, coal slurry lines and related 

compression and pumping infrastructure. 

Section 4: Navajo Fundamental Law 

Section 401: Before commencement of any Large-Scale Energy Development or other 

projects utilizing the Nation's energy resources, the Navajo Medicine Men's Association 

may be consulted to ensure the proper ceremonies, prayers and other rituals are 

conducted to maintain the Navajo people's Great Covenant with the deities. By doing 

so, the Nation shall strive to maintain a proper balance with the natural world. 

Section 5: Sustainable Energy Economy 

Section 501: Chapter 2 of the Navajo Nation Code entitled "The Foundation of the 

Dine, Dine Law, and Dine Government" describes the four sacred elements of life as 

"air, light/fire, water, and earth/pollen" and provides that "in all their forms [they) must be 

respected, honored, and protected for they sustain life". Recognizing the sacredness of 

these elements, the Nation desires to establish a sustainable energy economy based on 

the Nation's human capital, natural resources, capital resources and the exercise of its 

inherent sovereign authorities. A sustainable Energy Economy ensures an acceptable 

quality of life for Navajo people; proper planning and management by governmental 

officials; energy security; environmental stewardship; adequate rents, royalties, bonuses 

and taxes to ensure benefits for a sustainable Nation. 

Section 6: General Provisions 

Section 601: Applicability of the Nation's Laws and Regulations. The Nation's 

laws and regulations will apply to energy projects located within the Nation's territorial 

jurisdiction. 

Page 6 of 12 
consideration the direct and indirect economic benefits of the energy project to the 

Nation. 

Section 604: Renewal of Leases for Existing Energy Infrastructure. When 

negotiating renewals of rights-of-ways, leases for existing power generating facilities, 

transmission infrastructure and pipeline infrastructure and related water allocations, the 

Nation will maximize the total value of consideration to be received by the Nation. 

Section 605: Selecting External Development Partners. External development 

partners of the Nation and its enterprises must possess relevant experience in the 

industry and those specific technologies required for the proposed energy development, 

as well as sufficient financial resources to adequately fund their portion of development 

expenses and contemplated investment in the project. 

Section 606: End of Project Life. Leases and rights-of-way for energy projects will 

require the lessees to return the land to its original condition, or better, at the end of the 

projects, except where the Nation desires to retain improvements and related 

infrastructure after lease or right-of-way termination. 

Section 607: Consistency in Energy-Related Decision Making. The development 

and management framework for the Nation's energy resources will encourage 

consistency in decisions involving the use of Navajo resources. The process for making 

energy development decisions shall be guided by the process shown on the flow chart 

attached hereto and titled "Navajo Nation Project Development Process" and will be 

clearly communicated to the Nation and its stakeholders. 

Section 608: Impact on Other Resources. New energy projects shall minimize 

negative impacts on other scarce and valuable resources of the Nation and manage 

such impacts in accordance with the Nation's laws, policies and plans for its resources, 

and will mitigate adverse impacts where necessary. 

Section 609: Negotiation of Energy Agreements. The Executive and the 

Legislative Branches of the Navajo Nation shall be involved in the negotiation and 

approval of energy agreements. 

Section 7: Large-Scale Energy Developments 

Page 7 of 12 
Section 702: Maximizing Navajo Return on Investment. When the Nation invests 

in energy projects, the primary goal will be to maximize profits and return on investment, 

in light of the attendant risks, for the benefit of the Nation. 

Section 703: Navajo Ownership and Development Representatives. The Nation 

may acquire or designate an entity as its representative in any energy project in which 

the Nation desires to take ownership of a portion of such project. 

Section 704: Operating Capabilities. The Nation will ensure that energy 

developments, including where the Nation or its enterprises possess a degree of 

ownership, will be operated and managed by entities that possess appropriate industry 

experience and capabilities. 

Section 8: Community and Economy 

Section 801: Expanding Rural Electrification. The Nation will continue to seek 

ways to expand electrical services to the residents of the Nation in balance with the cost 

to serve remote regions. 

Section 802: Local Community Input, Support for, and Benefits from Energy 

Developments. Communities impacted by energy development will have the 

opportunity to provide input on and to indicate their support for such projects, and where 

substantially and adversely impacted by the development to share in a portion of the 

financial benefits of such projects. The financial benefits from such projects shall be 

equal to five percent (5%) of the annual lease payment each lease year. 

Section 803: Managing the Cost of Energy for Residents of the Nation. The 

Nation will continue to seek ways to manage the cost of electricity and fuel for its 

residents to minimize the financial burden on Navajo communities. 

Section 804: Navajo-Owned Small Businesses. The Nation will encourage the 

development of Navajo-owned small businesses that will support the Nation's energy 

industries. 

Section 805: Fostering Economic Development, Developing Capabilities and 

Creating Career Opportunities. Energy projects will be developed to foster industrial 

and commercial growth, create career opportunities, and build the management skills 

Page 8 of 12 
Section 807: Science, Technology, Engineering, and Mathematics Education 

{STEM). The Nation shall support the pursuit of educational studies in STEM by its 

youth in order to create an interest in careers in the energy industry and to build a 

workforce that is prepared for technical and managerial careers in the energy industry. 

Section 808: Health and Safety. The Nation will strive to protect the safety and 

health of Navajo communities when considering new energy developments and 

regulating existing energy developments. 

Section 809: Energy Efficiency and Conservation. The Nation will continue to 

seek ways to enhance and promote energy efficiency and conservation on the Nation in 

order to manage future energy demand, reduce environmental impacts, reduce the 

financial energy costs for the residents of the Nation and build energy efficient 

industries. 

Section 9: Coal 

Section 901: The Future of Coal and Coal-Fired Power Plants. Coal and coalfired plants are a significant component of the Navajo economy and the Nation's 

revenues. The Nation will encourage a future in coal as a key component of the 

Nation's energy mix as a coal producer that derives a significant amount of royalties, 

rent, fees, jobs and tax revenue from coal mining and production of electricity. The 

Nation will pursue federal coal fuel legislation. 

Section 1 0: Renewable Energy 

Section 1001: Renewable Energy Development. The Nation will continue to 

develop a renewable portfolio of power generating facilities that balances coal, gas or 

oil-fired generation with economically viable renewable energy generation from such 

sources as wind, solar, hydro, geothermal and biomass. 

Section 1002: Renewable Energy Portfolio Standard (REPS). The Nation will 

evaluate the appropriateness of implementing a Renewable Energy Portfolio Standard 

(REPS) for electricity used on the Nation. If an REPS is established, the Nation will 

strive to mitigate the impacts of increased costs of electricity for residential customers 

within the Nation caused by the implementation of an REPS. 

Page 9 of 12 
to assess the safety, viability and potential of these activities for the future. 

Section 12: Electrical and Energy Distribution Systems 

Section 1201: New Electricity Transmission and Pipeline Infrastructure. The 

Nation supports the development of new electricity transmission infrastructure that 

provides the Nation with an opportunity to unlock the value of its vast renewable and 

conventional energy resources by providing transmission corridors to metropolitan 

centers. 

Section 1202: Energy Corridors. The Nation will establish energy corridors to 

manage and minimize the impact on Navajo communities resulting from future electrical 

transmission, pipeline and railroad infrastructure. 

Section 13: Navajo Energy Office 

Section 1301: Establishment of a Navajo Energy Office. It is the intent of the 

Navajo Nation Council to establish a Navajo Energy Office within the Executive Branch 

of the Navajo Nation government as outlined herein. 

(a) Creation. The Navajo Nation Department of Justice and the Office of 

Legislative Counsel shall work together to develop the appropriate statutory 

and regulatory language, including but not limited to a Plan of Operation, 

consistent with this section for the Navajo Nation Council's consideration. 

(b) Structure. A Navajo Energy Office should be separate and distinct from all 

existing divisions, departments, programs, enterprises and any other Navajo 

Nation entities or political subdivisions, and with appropriate staffing and 

budget. 

(c) Responsibilities. The Navajo Energy Office should act as a clearinghouse for 

energy related projects, to facilitate energy development on the Nation and to 

increase institutional capacity on energy issues within Navajo Nation 

governmental agencies and enterprises. 

(d) Strategic, Integrated Approach to Energy Planning. The Navajo Energy Office 

should develop a long-term Strategic Energy Plan. A Strategic Energy Plan 

will be designed to stimulate increased revenues from energy projects, spur 

energy infrastructure development, and diversify the Navajo energy economy. 

Page 10 of 12 
Section 14: Research and Development 

Section 1401: Support for Technologies that Enhance the Use of Navajo Coal. 

The Nation will support clean coal technologies being developed through research and 

development which lessen the environmental impact of coal based electricity generation 

and maximize the efficient use of the Nation's coal resources. 

Section 1402: Support for Technologies that Enable and Enhance the Use of All 

of the Nation's Resources. The Nation shall support the research and development of 

technologies that will allow the Nation to use its resources to maximize their benefit to 

the Nation and also lessen the environmental impact of their use. 

Section 15: Taxation 

Section 1501: Navajo Nation Taxation. The Nation shall seek to exert primacy in 

the taxation of energy development on the Nation to contribute to the funding of 

essential governmental services on the Nation. 

Section 1502: Tax Incentive. The Nation may provide tax incentives to encourage 

the development of the Nation's energy resources, while balancing the need to provide 

supporting infrastructure, services and the Nation's finances. 

Section 16: Limitations 

Section 1601: Limitations. Nothing in the 2013 Energy Policy is intended to, nor 

shall it be construed to: 

a) Alter, amend or diminish in any way the sovereign immunity of the Navajo Nation 

or constitute a waiver of the sovereign immunity of the Navajo Nation, as defined 

in 1 N.N.C. § 551, et seq.; 

b) Abrogate any authority conferred by the Navajo Nation Council upon any agency, 

enterprise or other instrumentality of the Navajo Nation; 

Page 11 of 12 
or confer jurisdiction upon any court for any cause of action predicated on the 

2013 Energy Policy. 

Page 12 of 12 
Preliminary 

Investigation Development 

Nation Project Development Process 

Financing Construction Testing Operations and Maintenance 

MOU or LOI Energy Development Agreement Partnership Agreements O~erating Agreement 

I 

i I 

1. Exclusivity 

2. Development Capitol 

3. Parties I I 

4. Managing Development 

5. Dispute Resolution 

Feasibility Studies Formation of a Development Entity Construction of Facilities Operations 

Land Access Permits Business Feasibility Study 

1. Revocable Use Permit Business Plan 

2. Conditional Use Permit Land A) Survey 

3. Emergency Operating Agreement 1. 415(e)Navajo Lease B) Arch Clearance 

-----~- C) Historic 

Chapter Consensus Bldg 2. 415(a)Federal Lease 

Due Diligence Right of Way (ROW) D) Letter of Application 

Resource Assessment Engineering and Design 

Technology -Access Environmental Permits 

1. Prevention of Significant Deterioration Permit 

Interconnection Agreements 

Power Purchase Agreements 
WHEREAS: 

Establishment and Adoption ~f the 

Navajo Nation Energy Policy 

1. The Advisory Committee of the Navajo Tribal Council by 

Resolution -ACAP-41-80 recoumended the establishment and adoption of 

the Navajo Nation Energy Policy; and 

2. The Economic Development and Planning Committee and the 

Resources Committe~ of the Navajo Tribal Council on the 24th day of 

April, 1980, recommended the establishment and adoption of the Navajo 

Nation Energy Policy; and 

3. The Navajo Nation is not only a principal supplier of 

crucial energy resources critical to the development of the United 

States ecoao~, but also bears a disproportionate share of the often 

irreversible social costs of environmental disruption; and 

4. It is clear that other sovereigns are the principal tax 

and inca.e beneficiaries of Navajo cooperation and resources contribution, and these benefits not only exceed the Navajo share of its own 

non-renewable resources, but the Navajo people receive little benefit 

f:r;ota thia transfer of wealth to other sovereign entities, leaving the 

Navajo Nation in a state of technological and economic poverty; and 

5. Wili.t.:> the Navajo Nation is a great energy producer, with 

aa.e of the largest coal mines in the United States, and large electrical 

generating plan~s l~cated on, but not owned by the Navajo.Nation, many of 

our own people Lacl.~ adequate water, electricity, paved roads~ employment, 

housing, and Ot~r social and economic opportunities; and 

6. The Navajo Nation must rely oo its own resources, its own 

people. and its own will and deterJilination to develop its own land and 

energy resources f'or the full economic use and benefit of its present 

and future generations; and 

7. The United States is currently facing an "Energy Crisis 11 

due to the insufficient supply and production of oil and gas to mee~ 

deaands,and it is apparent that existing reserves will be exhausted 

within a few years at the current level of consumption; and 
America's wealth; indeed~ it has not permitted the Navajo Nation to share 

in a fair portion of its own energy resources. 

NOW THEREFORE BE IT RESOLVED THAT: 

1. For the purpose of gaining control over the Navajo Nation's 

energy resource management and development; to assure optimal returns and 

equity to the Navajo people from energy resource development and to invest in economic development ventures which will replace benefits derived 

from depleting resources, thereby diversifying the economy; the Navajo 

Tribal Council hereby establishes the foltuwing as the Navajo Nation 

Energy Policy: 

a) All energy resources of ~he Navajo Nation belong 

to the Navajo Nation. Navajo energy resources 

shall be developed to ~eet the present and future 

needs and for the full use and benefit of the 

Navajo people; 

b) The Navajo Nation shall become self-sustaining 

with respect to energy by 1990; 

c) All development shall be consiste~t with the 

highest standards of resource c·onservation and 

environmental protection; while taking into consideration and respecting the sacred nature of 

Navajo lands; 

d) The Navajo Nation shall maximize proceeds from 

energy resource development and take immediate 

steps to secure a more equitable share in its 

present agreements; 

e) As a sovereign government, the Navajo Nation shall 

exercise its right to receive all benefits from 

energy related federal legislation, regulations, 

and direct appropriations; 

f) The Navajo Nation shall cause the efficient 

utilization of its own resources through Navajoowned and controlled enterprises and ventures, 

BEST _rl\' ,,,_t\BLE COPY 
ship and the transfer of technology and 

manag~uent to the Navajo people; 

h) Adverse results from resource development 

shall be minimi~ed and mitigated whenever and 

wherever possible and the resulting costs shall 

be borne by the developer of the resource; 

i) Recognize the special legal position and community needs and interest of the Eastern Navajo 

Agency, including the communities of Ramah, 

Alamo, and Canoncito; . 

j) The interests and need of energy impacted Navajo 

cOBilUnities shall be considered in all resource 

development and appropriate steps shall be taken 

to assure that: all chapters and cotmlunities share 

from the benefits from the development of energy; 

k) The administration shall provide for the systematic and maximum utilization of its organizat:i.onal 

bodies and staff resources in the development, 

review and evaluation of proposals and its associated documents; 

1) The Navajo Nation, in the event of infeasible 

(high 'technology) projects, encourages alternative low technology energy resource development. 

2. The Chai~n of the Navajo Tribal Council shall prepare for 

the approval of the Advisory Committee, the Economic Development and Planning CO..ittee, and the Resources Comm1ttee of the Navajo Tribal Council: 

a) A report describing how the Navajo Nat:i.on Energy 

Policy is being implemented, including a discussion and introduction of appropriate and proposed 

codes, amendments, regulations~ and a report on 

resource inventory. 

b) A report outlining the progress of immedia.te actlon 

being taken by the Navajo Nation to institute intEr:-

rim measures acquiring more equitable shares from 

e~isting contractst leases, and agreec~nts. 

BEST AVAflARlE COPY 
ate co.mittees of the Navajo Tribal Co

CERTIFICATION 

I hereby certify that the foregoing resolution was duly con-

•~dered by the Navajo Tribal Cocneil at a duly called meeting at Windo~ 

lock, Navajo Nation (Arizona), at which a quorum was present and that 

..-e vas passed by a vote of 59 in favor and 0 ovposed, this 29th day 

of April, 1980. 

BEST AVAtlABLE COPY 
22"d Navajo Nation Council LEGISLATION 0276-13 

Third Year- 2013 Presenting Sponsor: Honorable Roscoe D. Smith, Council Delegate 

An action relating to Resources and Development and Naabik'iyati'; Rescinding CAP-34-80; approving 

the Navajo Nation Energy Policy of 2013 

Mr. Speaker: 

The Resources and Development Committee, to whom has been referred Legislation 0276-13, has had it 

under consideration and reports a DO PASS recommendation and thence REFERRED TO THE 

NAABIK'IYATI' COMMITTEE on this 8th day of October, 2013. 

at ally, Chairperson 

RESOURCES AND DEVELOPMENT COM 

COMMITTEE ACTION: 

Motion to Support: 

Second: 

Vote: 

Leonard H. Pete 

George Apachito 

4-0-0 

EE 
An Action Relating To Resources And Development And Naa

bik

iyati

; Rescinding 

CAP-34-80; Approving The Navajo Nation Energy Policy Of 2013. (Sponsored by 

Honorable Roscoe Smith, Honorable Johnny Naize, Honorable Charles Damon II) 

Has had it under consideration and reports the same with the recommendation that it DO PASS 

with two amendments: 

Amendment No. 1 (Motion by Honorable Walter Phelps and Second by Honorable Charles Damon II; 

VOTE 11-1) 

On Page 3 of 5, lines 22 to 27 strike section (1) in its entirety: 

l. The Nation's coal resources make a significm1t contribution to the suppo1i of many Navajo 

families and to the finm1cial stability of the Navajo Nation govenunent and its communities. The 

current policies of the federal government of the Unites States do not fw1or the use of coal. These 

policies negatively impact the Navajo Nation and the lives of its residents, and are contrary to the 

interest of the Navajo Nation; and 

Amendment No.2 (Motion by Honorable Dwight Witherspoon and Second by Honorable Walter 

Phelps; VOTE 11-1) 

On attached 'Exhibit A', page 9 of 12, Section 9: Coal, Section 901: after 'legislation' delete "m1d adapt 

to the new federal regulatory environment" 

And therefore, referred to the NAVAJO NATION COUNCIL 

Date: October 10, 2013 

The vote was §. in favor and 1 opposed 

Motion: Honorable Danny Simpson 

Second: Honorable Jonathan L. Hale 

Respectfully submitted, 

Legislative Advisor 
An Action Relating To Resources And Development And Naa

bik

iyati

; Rescinding 

CAP-34-80; Approving The Navajo Nation Energy Policy Of 2013. (Sponsored by 

Honorable Roscoe Smith, Honorable Johnny Naize, Honorable Charles Damon II) 

Has had it under consideration and reports the same with the recommendation that it DO PASS 

with two amendments: 

Amendment No. 1 (Motion by Honorable Walter Phelps and Second by Honorable Charles Damon II; 

VOTE 11-1) 

On Page 3 of 5, lines 22 to 27 strike section (I) in its entirety: 

I. The Nation's eoal resourees make a signifieant eontribution to the support of many Navajo 

families and to the finaneial stability of the Navajo Nation government and its eommunities. The 

eurrent polieies of the federal government of the Unites States do not favor the use of eoal. These 

polieies negatively impaet the Navajo Nation and the lives of its residents, and are eontrary to the 

interest of the Navajo Nation; and 

Amendment No.2 (Motion by Honorable Dwight Witherspoon and Second by Honorable Walter 

Phelps; VOTE 11-1) 

On attached 'Exhibit A', page 9 of 12, Section 9: Goal, after 'federal' delete "eoal fuel legislation and 

adapt to the nev,· federal Regulatof)' Environment" 

And therefore, referred to the NAVAJO NATION COUNCIL 

Date: October 10, 2013 

The vote was ~ in favor and .1 opposed 

Motion: Honorable Danny Simpson 

Second: Honorable Jonathan L. Hale 

Respectfully submitted, 

Legislative Advisor 
Relating to Resources and Development and Naabik'iyati; Rescinding CAP-34-80; 

Approving the Navajo Nation Energy Policy of 2013 

Main Motion: 

Walter Phelps 

Katherine Beanlly 

Naabik'iyati' Committee Amendments: No.1 

Amendment No.1: Motion made by Honorable Walter Phelps, second by Honorable 

Charles Damon, II 

On Page 3 of 5, lines 22-27 strike Section (1) in its entirety 

The vote was 14-0. 

Amendment No. 2: Made by Honorable Dwight Witherspoon, second by Honorable 

Walter Phelps; 

On Exhibit "A", on page 9 of 12 , Section 9: Coat after the word legislation delete "and 

adapt to the new federal regulatory environment." 

The vote was 11-1. 

Navajo Nation Council Amendments: 10/1.6/13 

Amendment No. 1, In Exhibit A, under Section 2 Scope and Review: which reads as 

follows: "This 2013 Energy Policy may be amended by the Nation it and when 

circumstances require. The Navajo Energy Office, referenced herein, will recommend 

proposed amendments to the 2013 Energy Policy as needed. Add the word Navajo 

before Nation, in the first sentence. 

Page 1 of2 
g

s. Approving and implementation of energy policies and agreements affect all 

parts of the Navajo Nation and it is important that the Executive Branch and 

Legislative Branch both be involved in the negotiation and approval of energy 

agreements. 

On Page 7 of Exhibit 11 A" add a new 609 under General Provisions as follows: 

609 Negotiation of Energy Agreements. The Executive and the Legislative Branches 

of the Navajo Nation shall be involved in the negotiation and approval of energy 

agreements. 

And renumber or re-letter succeeding paragraphs or sections accordingly, if 

necessary. 

The vote was 14-0 

Amendment No. 3: Motion made by Walter Phelps, second by David L. Tom 

On Exhibit 11 A", page 6 of 12, Section 401: 

Delete the word 11 shall" and replace with the word 11 may". The sentence will read: II the 

Navajo Nation Medicine Men's Association may be consulted ...... " 

The vote was 10-4. 

The Council lost a quorum before final vote. 

Page 2 of2 
To 

From 

Date 

Re 

Honorable Johnny Naize 

Speaker, Navajo Nation Council 

~7~ 

Mariana Kahn, Acting Chief Legislative Counsel 

Office of Legislative Counsel 

November 27, 2013 

Correction to the engrossment Exhibit A ofC0-50-13 

In the haste to complete the engrossments after the 2013 Fall Navajo Nation Council Session, an 

inadvertent errpr was made in the engrossment of Exhibit A of Navajo Nation Council 

Resolution C0-50-13. The necessary correction has been made. A copy of the corrected Exhibit 

A is attached. I have instructed Tom Platero, Executive Director of the Office of Legislative 

Services, to hand-deliver a corrected copy to the President of the Navajo Nation and to send a 

corrected copy to the Navajo Nation Records Department. 

XC: Tom Platero, Executive Director, Office of Legislative Services 

Honorable Ben Shelly, Navajo Nation President 

Navajo Nation Records Department 

Office of Legislative Coume/ I T/Ji• Legi,·lmh•e Bmnch I Post Ojjire Box 3390 I Window Rock, Arizona 86515