RESOLUTIONOFTHENAVAJONATIONCOUNCILC0-50-13RELATINGTORESOURCESANDDEVELOPMENTANDNAABIKI'IYATI;RESCINDINGCAP-34-80;APPROVINGTHENAVAJONATIONENERGYPOLICYOF2013BEITENACTED:1.TheNavajoNationmakesthefollowingfindingswithrespecttothisresolution.a.TheNavajoNationCounciladoptedtheNavajoNationEnergyPolicy,CAP-34-80onApril29,1980("1980EnergyPolicy");andb.TheNationacknowledgestheenduringprinciplesmotivationssetforthinthe1980EnergyPolicy;andandC.TheNationdesirestoupdateandamendtheenergypoliciesoftheNationbyrescindingthe1980EnergyPolicy(CAP-34-1980)byapprovingthis2013EnergyPolicy;andd.TheenergyresourcesoftheNationareownedbytheNationandaretobeadministeredandmanagedbytheNationforthebenefitofallDine;ande.TheNationwillseektomaximizeitslevelofautonomyinmanagingitsenergyresourcesandenergyuseontheNation;andf.TheNationwilltakealeadershiproleinexploringanddevelopingitsenergyresourcestoexerciseitspoliticalsovereignty,tobuildtrueeconomicsovereignty,andtopromotegreaterself-determinationforfuturegenerationsofDine;andPage1of5...C0-50-13g.TheNationhasestablishedwhollyownedbusinessesthatexplorefor,developandmanagecertainofitsresources.TooptimizetheNation'suse,managementandconservationofitsenergyresources,theNationmaychoosetoutilizeacombinationofitswhollyownedentitiesandoutsideenergycompaniestotakeadvantageofthebesttechnologiesandcapabilitiestoachievetheoptimalbalanceofcostandresults;andh.The1980EnergyPolicyhelpedbuildcapacityoftheNationtorealizemanysuccessesintheformofmorefavorablecontractsandgreaterownershipofcertainenergyresources.ItisacknowledgedthattheNationcanmakeimprovementsintheareasofgovernance,ownership,management,communityinvolvement,healthimpacts,conservq.tionandenvironmentalprotectionoftheNation'senergyresources;andi.TheNavajogovernmentshouldensurethatthelocalimpactedcommunitiesareeducatedonrelevantenergydevelopmentandrelatedissues.Priorenergydevelopmentandrelatedprojectsoccurredwithlittleornoconsultationorresults;andj.EnergyformsacornerstoneoftheNavajoeconomybyprovidingjobsforourpeople,electricityforourhomesandbusiness,andrevenuesforourlocalandcentralgovernment.Developingenergyresourceswillexpandgovernmentrevenues,createnewindustriesandpromotesustainablejobsfortheDine.ThiseconomicbaseprovidesopportunitiesforNavajostopursuetechnicalandmanagerialcareersinmanyenergy-relatedproducts,serviceandsupportingindustries.TheabilityforNavajostobuildstablecareerswhileremainingclosetotheirfamilieswillbuildthestrengthofourfamiliesandcommunitiesthathavebeenfragmentedbytheneedofourpeopletofindworkinmetropolitancenters.AgrowingNavajoeconomydrawsPage2of5C0-50-13educatedandexperiencedtribalmembersbacktotheNation,andprovidetheeconomicgrowthtosupportNavajoentrepreneursandbusinessowners;andk.TheNavajoPeoplehavemadeinvaluablecontributionstothestrengthoftheUnitedStatesanditseconomybypermittingandassistingintheextractionofuraniumoverseveraldecades.NumerousuraniumminesacrosstheNationwerenotproperlyreclaimedleadingtowidespreadcontaminationandillnessofourpeopleandlivestock;and1.TheUnitedStatesisthetrusteeoftheresourcesoftheNavajoNation.InthisroletheUnitedStatesgovernmenthasadutytoprotecttheNation'senergyresourcesandtoassisttheNationtomanagesuchresourcesforthebenefitoftheDine.TheUnitedStatesgovernmentistoengageingovernment-to-governmentdialogueandunderstandingandtorespectNavajoNation'sdecisionintheusersofitsresources.Historically,theUnitedStatesgovernmenthassoughttocontroltheNation'sresourcestobenefitexternalinterestsintheusesofitsnaturalresourcesorrefrainedfromassistingtheNationintheprotectionofitsinterests;andm.TheNation'sdepletablefossilfuelsareabundant;however,somefossilfuelsarecurrentlyoutoffavorwithfederalandstateregulatoryandenvironmentalpolicies.AbalancedportfoliooffossilfuelandcleanerrenewableenergyresourceswillprovidetheNationwithgreatereconomicandfinancialstability;andn.TheNationhasthegreatpotentialofsolarandwindenergyresources.Thedevelopmentofthesecleanerrenewableresourcescanprovideourcommunitieswithcleanerenergyandgeneratesubstantialeconomicvalueifsoldtosurroundingcommunitiesandmetropolitanregions;and0.ManyoftheNation'sresidents,businessesandarelocatedingrowthcenterswhilemanydispersedinremoteregionsandlackaccessPage3of5institutionsothersaretoelectricpower. Greater access
to electric power greater opportunity
and access
to modern the Navajo residences;
and C0-50-13 will provide

a conveniences

for 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
5C0-50-13 CERTIFICATION I hereby certify that the foregoing resolution
was duly considered

by the Navajo Nation Council

at

a duly called meeting in Window Rock, Navajo Nation (Arizona)

at which

a quorum was 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 DateAdopting the Navajo Nation Energy Policy of 2013 PREAMBLE: The Navajo Nation ("Nation");

to protect the energy natural resources and assets of the Nation;

to ensure such resources and assets are used for the benefit
of the Dine; to 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 12management
and 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 8. 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, 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 12the Dine. The United States government

is to engage

in government

to government dialogue and understanding
and to respect Navajo Nation's decision in the uses 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 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 12NOW, THEREFORE,

BE IT RESOLVED THAT THE NAVAJO NATION COUNCIL HEREBY RESCINDS THE 1980 ENERGY POLICY (CAP-34-80) AND ADOPTS THE NAVAJO NATION ENERGY POLICY OF 2013, ATIACHED HERETO AS EXHIBIT

A. Page

4 of 12EXHIBIT

A NAVAJO NATION ENERGY POLICY OF 2013 Section

1 : Short Title 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 12C.Fuelminerals.Includespetroleum(e.g.oil,naturalgasandassociatedliquidsandgasses),coal,coalbedmethane,uraniumandanyderivativesorassociatedminerals.D.Large-scaleenergydevelopments.Includes(a)electricitygeneratingfacilitieswithcapacityofone(1.0)megawattorgreater,(b)energy-relatedfacilitiesutilizingfive(5)acresoflandormore,and(c)transmissionlinesorpipelinesextendingmorethanfivehundred(500)feet.E.HighVoltage.Includes69KVandhigher.F.Pipelines.Includesoilandgaspipelines,coalslurrylinesandrelatedcompressionandpumpinginfrastructure.Section4:NavajoFundamentalLawSection401:BeforecommencementofanyLarge-ScaleEnergyDevelopmentorotherprojectsutilizingtheNation'senergyresources,theNavajoMedicineMen'sAssociationmaybeconsultedtoensuretheproperceremonies,prayersandotherritualsareconductedtomaintaintheNavajopeople'sGreatCovenantwiththedeities.Bydoingso,theNationshallstrivetomaintainaproperbalancewiththenaturalworld.Section5:SustainableEnergyEconomySection501:Chapter2oftheNavajoNationCodeentitled"TheFoundationoftheDine,DineLaw,andDineGovernment"describesthefoursacredelementsoflifeas"air,light/fire,water,andearth/pollen"andprovidesthat"inalltheirforms[they)mustberespected,honored,andprotectedfortheysustainlife".Recognizingthesacrednessoftheseelements,theNationdesirestoestablishasustainableenergyeconomybasedontheNation'shumancapital,naturalresources,capitalresourcesandtheexerciseofitsinherentsovereignauthorities.AsustainableEnergyEconomyensuresanacceptablequalityoflifeforNavajopeople;properplanningandmanagementbygovernmentalofficials;energysecurity;environmentalstewardship;adequaterents,royalties,bonusesandtaxestoensurebenefitsforasustainableNation.Section6:GeneralProvisionsSection601:ApplicabilityoftheNation'sLawsandRegulations.TheNation'slawsandregulationswillapplytoenergyprojectslocatedwithintheNation'sterritorialjurisdiction.Page6of12Section 602: Long-Term Sustainability

of Energy Developments. Energy developments

on the Nation will be designed

to be sustainable over the long-term based on economic considerations
and environmental
and community impacts. Section 603: Lease Rent and Royalty Rates. Lease rental and royalty rates and charges for easements and rights-of-way

will be equal to or greater than fair market value including energy projects where the Nation
or an affiliate

is an owner, taking into 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 12Section 701: Maximize Ownership, Control and Revenues. The Nation promotes majority ownership

by the Nation or its entities
of large-scale energy projects that utilize the Nation's resources

in order to optimize the Nation's participation

in profits,

in balance with the risks; maximize control and revenues; and, to ensure the interests

of the Navajo people are protected. The Nation will have the option to purchase

a majority of the equity of new large-scale energy projects
on the Nation, including expansions

of existing facilities and developments. 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 12and capabilities

of the Navajo workforce

in order to build the Nation's institutional capacity

to manage its own energy resources. Section 806: Distributed Electricity Generation. The Nation supports the development

of distributed electricity generation and community scale electricity generation
for use on the Nation. 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 12Section 11: Nuclear Matters Section 1101: Uranium Mining and Nuclear Power Generation. The Nation currently supports the moratorium

on uranium mining on tribal trust, allotted trust and fee lands on the Navajo Nation. The Nation will continue

to monitor uranium technologies
and secondary mineral extraction techniques

as well as market conditions 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 12TheStrategicEnergyPlanwilladdressopportunitiestofosteracompetitivebusinessenvironmenttoattractprivateinvestorstoenergyprojectsontheNation,addresshowtheNationwillstrategicallyengagethekeygovernmentalandcommunityrepresentativesonNavajoenergyprojects,investigateandinventorythe reservesandpotentialofalltheNation'savailableenergyresourcesinallregionsandserveasaresourcetoassisttheNation'sleadershiptoprioritizeenergyprojectsSection14:ResearchandDevelopmentSection1401:SupportforTechnologiesthatEnhancetheUseofNavajoCoal.TheNationwillsupportcleancoaltechnologiesbeingdevelopedthroughresearchanddevelopmentwhichlessentheenvironmentalimpactofcoalbasedelectricitygenerationandmaximizetheefficientuseoftheNation'scoalresources.Section1402:SupportforTechnologiesthatEnableandEnhancetheUseofAlloftheNation'sResources.TheNationshallsupporttheresearchanddevelopmentoftechnologiesthatwillallowtheNationtouseitsresourcestomaximizetheirbenefittotheNationandalsolessentheenvironmentalimpactoftheiruse.Section15:TaxationSection1501:NavajoNationTaxation.TheNationshallseektoexertprimacyinthetaxationofenergydevelopmentontheNationtocontributetothefundingofessentialgovernmentalservicesontheNation.Section1502:TaxIncentive.TheNationmayprovidetaxincentivestoencouragethedevelopmentoftheNation'senergyresources,whilebalancingtheneedtoprovidesupportinginfrastructure,servicesandtheNation'sfinances.Section16:LimitationsSection1601:Limitations.Nothinginthe2013EnergyPolicyisintendedto,norshallitbeconstruedto:a)Alter,amendordiminishinanywaythesovereignimmunityoftheNavajoNationorconstituteawaiverofthesovereignimmunityoftheNavajoNation,asdefinedin1N.N.C.§551,etseq.;b)AbrogateanyauthorityconferredbytheNavajoNationCounciluponanyagency,enterpriseorotherinstrumentalityoftheNavajoNation;Page11of12c) Repeal

in whole or in part any law or regulation duly promulgated

by the Navajo Nation or any of its agencies; d) Authorize

or sanction the breach
of any contractual duty or diminish any vested property rights; or e) Provide the basis for a private cause of action by or against any person
or entity, 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 2. 415(a)Federal Lease Chapter Consensus Bldg 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:



# CAP-34-80 Class

11 

# B 11 

# Reeolution !rea Approval 

# Required. RESOLUTION

OF rHE NAVAJO TRIBAL COUNCIL 

# 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 resourcescontribution, 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

# 8. The history
of relations between the Indian people and non- -----,.. Indians has shown that whenever Indian people have something valuable (land, water, gold, oil, gas, coal, etc.); legal, moral; and **~thical** 

# obligations
are ignored and the virtual confiscation
and exploitation of Indian resources takes place; and 

# 9. The Navajo people historically have come to the aid of the United States in 

# times of national **emergency~** 

# and yet America bas not reciprocated

by permitting
the Navajo Nation to share equitably

in 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 toinvest 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 intoconsideration
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 throughNavajoowned and controlled enterprises
and ventures, 

# BEST 

# _rl\' ,,,_t\BLE COPY

# ~. 

# e.pba•izina

a **develop~nt** 

# policy whichpromotes :Navajo self-reliance,

so that Navajo people h&ve **•uffici~nt** 

# energy re•ources

to

· meet their needs; g) In the course of using outside management, technical and financial assistance; contracts and agreements shall emphasize Navajoownership 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 andcommunity 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 thesystematic and maximum utilization

of its organizat:i.onal bodies and staff resources

in the development, review and evaluation

of proposals and itsassociated documents; 1) 

# The Navajo Nation,
in the event of infeasible (high 'technology) projects, encouragesalternative 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
andPlanning 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

adiscussion 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

# 3. These reporu 

# shall be submitted

no latet' than 

# ninety (90) 

# daya after the cercification



# of thia resolution. 4. A moratoriu.

is declared
on all new energy development, including leases, permits and right-of-ways, except those presently 

# under negotiation. This moratorium ahall be in effect until theappro

# priate aforementioned reports 

# are reviewed **a~d** 

# approved

by theappropriate co.mittees



# of the Navajo Tribal Council. 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

# COMMITTEE REPORT OF THE RESOURCES AND DEVELOPMENT COMMITTEE 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

# 22nd NAVAJO NATION COUNCIL 

# Third Year 2013 The NAA'BIK'IYATI' COMMITTEE

to whom has been assigned: LEGISLATION

No. 0276-13 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 Advisor22"d NAVAJO NATION COUNCIL Third Year 2013 The 

### NAA'BIK'IYA

Tl' COMMITTEE

to whom has been assigned: 

### LEGISLATION

No. 0276-13 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

# Navajo Nation Council Special Session- October 16,2013 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

# Amendment


# No. 2, 

# Motion made by Honorable Leonard Tsosie, second by Leonard Pete; On Page 5, Line 15, inert

a new paragraph which would become

t. 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

# Office of Legislative Counsel Telephone: (928) 871-7166 Fax: (928) 871-7576 

# MEMORANDUM 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
johnny Naize Speaker of the Navajo Nation Council 

# 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