tribal land in Northeast Arizona; and, (5) Advance renewable energy projects at Black Mesa

utilizing existing infrastructure and brownfield areas.

Background:

• In 1968 the Navajo Nation passed a resolution waiving 50,000 a/f of water on the Upper

Colorado River Basin for NGS for a period of 50 years or for the life of NGS, whichever comes

first. The Nation receives no direct revenue from relinquishment of these rights.

• In 1969 the U.S. Department of Interior (DCI) leased 34,100 a/f of water peryear from Lake

Powell to the Salt River Project Agricultural Improvement and Power District (SRP) for the

Navajo Generating Station (NGS). Water for NGS is allocated from the State of Arizona’s 50,000

acre/feet (a/f) apportionment of Upper Colorado River Basin water. The lease agreement wascontingent upon the Navajo Nation’s non-assertion of tribal water right claims to Arizona’s

Upper Colorado River Basin apportionment.

• In 1969 DCI and NGS operators entered into a 50 year Right-of-way (ROW) and easement

agreement with Navajo Nation. The Tribe was provided a one-time payment of $925.00. Theoperators were required to carry property damage insurance of not less than $1 million dollars.

• In 1969 DCI and NGS operators entered into a 50-year site-lease agreement with the Navajo

Nation. Among other things, the agreement authorizes operators of NGS to dispose of and

dump coal ash waste from NGS on tribal lands. The Tribe was provided an annual rental fee of$4 million dollars per year upwardly adjusted after 25 years.

• In 1969 construction began on NGS.

• In 1974 the first Unit of NGS was operational. Units two and three followed in 1975 and 1976

respectively. At full operation, the plant has a 2,250-MW capacity and burns up to 25,000 tons

of coal per day.

• NGS was partially funded by US Congress to assist in the development of Central Arizona Project

(CAP) — a water delivery project for central and southern Arizona.

• Bureau of Reclamation (BOR) owns the majority share of electricity from NGS (24.3%). However,

SRP is the exclusive plant operator.

• BOR owns 100% of CAP. CAP is operated and managed by Central Arizona Water Conservation

district (CAWCD).

• Peabody Energy operates the Kayenta Mine which supplies coal to NGS.• The original lease was signed in 1964 between the Navajo Nation and Sentry Royalty Company.

The lease was amended in 1987 and Peabody Coal Company was assigned all of Sentry’s rights

under the lease.

• Peabody’s lease is good “for so long” as “coal and kindred products, including other minerals,

except oil and gas” “are being mined” by Peabody.

• Under the lease, the Navajo Nation receives “12.5% of the monthly gross realization for all coal

from the premises leased.”

1
• Nevada Energy has expressed interest in selling its share of NGS.

• DOl’s lease with SRP for water for NGS expires on December 31, 2016.• DOI and NGS operators’ ROW and easement agreement expires in 2019.• 001 and NGS operators’ site lease agreement expires in 2019.

• Renewal of the water, ROW and site lease agreements will require compliance with, among

other things, the National Environmental Policy Act and development of an Environmental

Impact Statement (EIS).

• The U.S. Environmental Protection Agency is scheduled to issue its Best Available Retrofit

Technology (BART) determination for NGS in late 2012 or early 2013. This BART determination

may require additional air pollution controls for pollutants causing visibility impairment, which

include particulate matter, sulfur dioxide, and nitrogen oxides. NGS ranked number four in thenation in 2006 for NOx emissions with 34,744 tons per year (tpy).

• The Federal Office of Surface Mining’s renewal permit for Peabody’s Kayenta Mine is currently

subject to legal challenge based on, among other things, Peabody’s alleged material damage toground water and specifically the Navajo Aquifer from 40 years of pumping.

A Just Transition for the People of Black Mesa and the Navajo Nation.

By 2019:

• Maintain current operations until 2019.• Bring online a large-scale renewable energy project at the non-operational Black Mesa Mine by

2019.

• Retire BOR’s share of the NGS plant by 2019.• Use renewable energy at Black Mesa to provide energy to BOR to power CAP by 2019.• Ensure payments to the Navajo Nation for use of any Upper Colorado River Basin water by 2019.• Retire LADWP and NE share of the NGS plant and implement a 10 year remediation plan for unit

decommissioning and clean-up of coal ash by 2019.

• Ensure adequate and meaningful bonding, reclamation and royalties for continued operations at

NGS and the Kayenta Mine beyond 2019.

Beyond 2019:

• Allow SRP, APS, TEP to continue operation with air control requirements mandated by USEPA

and mine controls at the Kayenta Mine sufficient to prevent material damage to ground wateruntil 2029.

• Retire any continued operations at NGS and convert remaining operations to solar energy at

Black Mesa by 2029.

2
2 1.2% - Lost Angeles Department of Water and Power (LADWP)

14.0%- Arizona Public Service Co. (APS)

11.3% - Nevada Energy (NE)

7.5% -Tucson Electric Power (TEP)

2250 MW Capacity — 3 units 750 MW each.

Currently:

BOR owns the equivalent of 546.75MW (24.3%),

LADWP + NE owns 32.5% or 731.25MW

SRP, APS, + TEP own 43.2% or 972MW

Navajo Nation Benefits:

Maintain Jobs, and revenuesIncrease Job stimulationDecrease in Environmental Impacts to land, water, air

Ownership will stimulate economic self-determination and reduce dependence on DCI (elimination of

Impact Aid)

Arizona Benefits:

Energy and Water delivery security — NGS is a high priority now for all of AZ

CAWCD continues to enjoy low cost electricityCAP water users continue to enjoy low cost water

Federal Government trust responsibility to Arizona tribes including Southern Arizona Tribes will be met.

3
lands as the effects of hazardous air and green-house gas emissions, toxic water borne pollution,

massive depredation of aquifers used for drinking water, and contamination of soil, air and water

from toxic coal combustion waste (CCW) disposal has dispersed into adjacent non-indigenouscommunities.

Situated in the Four Corners region ofNew Mexico and Arizona, the Dine homelands encompass

an existing, sprawling coal-industrial complex. The Navajo Mine operated by BHP Billiton

serves the Four Corners Power Plant (FCPP) in Fruitland, New Mexico; Kayenta and Black

Mesa mines operated by Peabody Energy serves Navajo Generating Station (NGS) in Page,

Arizona. The construction and operation ofthese facilities have been central in the economies of

the Navajo Nation. Energy is exported from these facilities to Southern California, Texas,

Southern Arizona, and Nevada.

The Power Plants at NGS and FCPP will not sustain the Dine in perpetuity. Once the fossil fuel

supplied by the tribes is extracted, the powerful utility companies will be looking for other

locations to continue their operations. The Dine will have no leverage to level the playing fieldand no plan in place to sustain tribal governance as it currently exists.

After decades of exploitation by mining and energy companies, a combination of factors makenow the ideal time for the Navajo Nations to transition to a more sustainable clean-energy

economy.

Best Available Retrofit Technology:

Under the federal Clean Air Act (CAA), the Four Corners and Navajo power plants are subject torequirements for Best Available Retrofit Technology (BART) in order to comply with federal

regional haze requirements. The proposed BART determination for the FCPP, which was issued

by EPA Region 9 in October 2010, will likely require the installation of Selective Catalytic

Reduction (SCR) at all five units. Estimated cost for the FCPP to install SCR is $717 million for

all five units.

The owners ofthe rapidly aging FCPP and NGS are faced with significant decisions aboutwhether to commit financing to pollution-control technology upgrades for the facilities, or retire

them and replace their output with modem, clean energy sources. EPA has determined it is

necessary for the owners ofthe FCPP to upgrade pollution controls to reduce haze in the region.The ruling proposal calls for the likely installation ofselective catalytic reduction controls

(SCR), which could cost hundreds of millions of dollars.

Rather than incur such costly upgrades for plants that will eventually be phased out anyway, the

Navajo and Hopi would benefit instead from a move toward newer, cleaner and more sustainable
According the EPA website, asthma disproportionately affects children, families with lower

incomes, and minorities. “While asthma was a rare diagnosis in many HIS areas before 1975,

asthma prevalence and hospitalizations increased dramatically among AllAN populations during

the 1980s.” (IHS 2006). Between 1972-74 and 1996-98, Navajo Area age-adjusted death rates

for cancer have increased from 43.7 to 87.5 deaths per 100,000 populations (IHS 2006).

In addition, TNA has engaged community members across the northwest and central region ofthe Navajo Nation (in the area ofNGS) in a survey that is meant to assess the need for a more

comprehensive health study primarily focused on respiratory and heart disease and may includecancer. 141 surveys were returned by adult community members from 13 communities in the

Northwest region ofthe Navajo Nation (Kaibeto, Chilchinbito, Pinon, Navajo Mt. Coppermine,

Lechee, Dennehotso, Kitsillie/Black Mesa, Tonalea, Tuba City, Bittersprings, CedarRidge, and

Shonto). The survey was conducted from March to May, 2011. The survey asks community

members to assess the number of family members with asthma and respiratory problems and to

identify the number of members with respiratory problems over the age of 25 years and under theage of 25 years. It also asks community members to identify distance to nearest hospital

facilities and what other kinds of ways they address these problems besides modern methods.Survey Results:

Community 13 communities in Northwest and Central Navajo Reservation:

Number offamily members with respiratory 60% yes, at least one

problems 38% none

42% with more than one member

Under 25 years of age 50% under age of 20 years

Over 25 years of age 42% over age of 20 years

Diagnosed in last 10 years 26% of those with respiratory problems diagnosed in last 10 yearsOver 50 years of age 26% ofthose with respiratory problems are over 50 years of age

Coal Mining a Legacy of Non-Compliance:

Part ofthe transition strategy is to compel meaningful and timely reclamation, closure, and

clean-up ofthe tens-of-thousands of acres ofmine lands used for coal-fired power plants. Actual
Navajo Nation which waived claims of 50,000 acre feet ofNavajo water in the upper Colorado

River basin for 50 years or the life ofNavajo Generating Station.

Tens of millions oftons of coal combustion waste (CCW), the toxic by-product of burning coalin power plants, has been disposed ofin insufficiently regulated landfills and dumped back into

the mines or on-site on the Navajo Nation. This CCW contains toxic pollutants such as mercury,

cadmium, barium, and arsenic, which cause cancer and various other serious health effects.

These contaminants can leach into groundwater from the landfills and mines where they are

dumped, and can migrate to drinking water sources, posing significant public health concerns.

Peabody’s 18,000 acre Black Mesa mining operation supplied coal to the Mohave Generating

Station from 1970 to December 2005. The Black Mesa mine became non-operational in 2005

after closure of Mohave in 2005 due to the Station’s inability to comply with the Clean Air Act.

In addition to the coal mining at the Black Mesa Mine, Peabody has also pumped an average of

4000-6000 acre-feet per year. That is more than 1.3 billion gallons of potable water annuallyfrom the Navajo Aquifer (N-Aquifer) between 1969 to 2005 a span of 35 years. This water was

used to transport pulverized coal in a pipeline (Black Mesa Pipeline) 273 miles to the Laughlin,

NV, and the location ofthe Mohave Generating Station.

The N-aquifer is the primary source of water for municipal users and tribal members within the

5,400 square mile Black Mesa area. All ofthe Hopi and many ofthe Navajo who live in the

region take their water, which they use for drinking, subsistence farming and for religiouspurposes, from the same source. Since Peabody began using N-aquifer water for its coal slurry

operations, water levels have decreased by more than 100 feet in some wells and discharge has

slackened by more than 50 percent in majority of monitored springs. There are reports that

washes along the mesa’s southern cliffs are losing outflow. There are also signs that the aquifer

is being contaminated in places by low-quality water from overlying basins, which leaks down in

response to the stress caused by pumping. Peabody’s ongoing groundwater pumping, which isnot covered by a reclamation bond, undercuts the sustainability ofNorth America’s oldest

cultures, and continues to have a significant impact on tribal communities throughout the region.

In 2010, an independent scientist at the University ofArizona completed a study investigatingboth Peabody’s mine and the tribal communities’ impact on the N-aquifer. This study

demonstrated the following mine-related impacts and OSM’s (coincidental) discretionary

decisions and actions:

1. In 1989, OSM set a damage-threshold for spring discharge at a 10% reduction to discharge

caused by the mine.
relationship with either local municipal withdrawals or local rates of precipitation.In 2008, OSM concluded that “there have been and will be no impacts to these springs

attributable to mining” (OSM-CHIA 2008: 86). Subsequently, OSM removed the oversightof Moenkopi Spring from its regulatory purview.ééé

2. In 1989, OSM determined that water level decline at the community of Kayenta (20 miles

north ofthe mine) would be caused almost entirely by Kayenta’s groundwater pumping.

As of 2009, the water level at Kayenta had dropped more than 106 feet; the aquifer’s

structural stability is currently at risk of compaction at Kayenta.

The University of Arizona study demonstrated a statistically significant relationship between

Kayenta’s declining water level and Peabody’s increasing withdrawals. Further, there is no

statistically significant relationship between this decline and Kayenta’s withdrawals. In fact,

the rate of Kayenta’s withdrawals expresses a slightly decreasing trend since 1984 althoughthe water level has continued to fall.

In 2008, OSM concluded that the mine had not adversely affected the N-aquifer and

completely removed structural stability from its regulatory purview.

3. In 2008, OSM implemented Peabody’s $3 million groundwater model for regulatory

purposes.

According to the model report, “a regional scale model cannot currently be developed for the

basin that will accurately predict the impacts of pumping on individual springs”

(HSIGeoTrans & WEHE 1999: 5-23). Similarly, the model cannot accurately simulategroundwater discharge to streams.

Nonetheless, in 2008, OSM determined that, rather than using actual groundwater monitoring

data, it will use the simulation results from Peabody’s groundwater model for its annualevaluation ofthe mine’s impact on springs and streams.

Water is scarce in the desert Southwest, and large volumes of water derived from localwatersheds serve the needs ofthe mines and cool the coal plants, drawing down aquifers,

degrading river water quality and depleting one of the region’s most valuable and scarce

resources. Fallout from smokestack pollution and the vast quantities of CCW that have beendumped into mines over the past 45-5 0 years have degraded the quality ofthe remaining water

supplies. Health advisories have been issued for most streams, rivers and lakes in the FourCorners, warning the public against neurological and cardiovascular damage from consuminglocal fish due to mercury contamination (in part due to mercury emissions from FCPP and NGS).The true costs associated with these environmental and public health impacts have never been
Location Price Unit Conversion

Glendale, Az $2.00 1000 gal. $.01/ 5gal

Pinon,Az $.01 1 gal. $.01/ igal

Kaibeto $.04 1 gal. $.04/ igalTonalea $2.00 55ga1 $.01 /lgalFlagstaff $2.82 l000gal $.0l/4gal

Transition the Navajo Nation for the sustainability of all Nations:The Navajo Nation is the size of Scotland. It is blessed with an abundance of resources that

could provide the foundation necessary for a transition to renewable energy development. The

Navajo Nation encompasses regions with ample wind, solar, and geothermal resources, along

with vast expanses of land, including large reclaimed coal-mining tracts that are ideal for

locating renewable energy facilities. The region’s solar potential is some ofthe best in the worldand certain portions of reservation lands have wind resource ratings capable ofsupporting

utility-scale projects. Additionally, as a result of all three power plants’ extensive

interconnections to the electric grid there is a network of power lines whose capacity would befreed up for an expansion ofrenewable energy by phasing out the three coal-burning plants.

Utility-scale development of either wind or solar energy resources alone has potential to offset

job and revenue losses from the phase-out ofthe existing coal plants. An analysis by the US

Department of Energy (DOE), for example, determined that constructing a wind energy project

in Navajo County could generate up to 140 construction and operations jobs and more than $14

million in economic activity.Ifthe Dine are to see their existence into the future they must develop clean energy economies

instead continuing to advance a steadily declining coal-based economy.

Beyond the tangible benefits, a transition away from the unfulfilling history of coal and toward

clean energy aligns more closely to Dine fundamental laws and values.

Building a new clean energy economy, one in which the viability ofthe Navajo Nation isincluded must be based on the following:

• Acknowledging the real value associated with land, water, air and other natural resources

on Dine lands.

• Acknowledging the significant adverse environmental and health impacts of a coal based

economy and the reliance on the FCPP and NGS and related mine operations.

• Acknowledging that benefits from the sale of Dine raw resources is directly

disproportionate to the profits of the sale or the recipient of cheap electricity.
move forward with it.

Position of To NizhoniAni:

1. It is the position of To Nizhoni Ani that a decision by EPA that would require the Best

Available Retrofit Technology otherwise known as BART that requires at minimum SCR

for the FCPP and NGS would be the most beneficial in terms ofthe issues ofthe regional

haze and visibility. More importantly, a BART decision would also reduce the health

impacts from the pollutants for Navajos living in the region.

2. In lieu of declining coal resources, the Navajo Nation must work towards incorporating

into recent expired leases, a plan to transition these areas into a solar generation facilityand to target brownfields instead of undeveloped lands. The purpose ofthis plan is 1) toensure continued revenues and jobs for the Navajo Nation and 2) to eliminate healthimpacts to the people.

3. The Navajo Nation must begin incorporating a plan for continued revenues and jobs in

place ofthe declining coal mined at Kayenta and the Navajo Mine. Currently the

development of a Solar Energy Generation Facility on brown fields, is being explored bygrassroots groups, Black Mesa Water Coalition and To Nizhoni Ani. At least 6,000 aces

of mined lands is available at this time. This alone is enough for more than 1000 MW of

power. A total of 68,000 acres ofland is held in lease by Peabody Western Coal

Company. While some mining on hundreds of acres of lease land has been complete for

more than 15 years, reclamation has not been completed by Peabody and none ofthe

lands have been transferred back to the Navajo Nation, to be given back to the local

residents for use.

Currently the Black Mesa Water Coalition and To Nizhoni Ani has completed a Solar

Potential Study, conducted dozens of community meetings to residents in the mine lease

area as well as residents in communities throughout Black Mesa. The purpose ofthesecommunity meetings is to educate for the purpose of mobilizing the community.

4. Installation of Solar facilities on the CAP canals to provide additional power to power the

pumps that push the water to Phoenix and Tucson or other power users. This would help

eliminate the evaporation of 75,000 acre feet of water annually.

5. Make CAP self-sufficient.
WHEREAS

I The K’ai’bii’tá Chapter is certified Chapter of the Navajo Nation and is delegated the authority and responsibility to promote projects which benefits the local community, and

2. Pursuant to 2 N.N.C.. 5ecticin 4028 (a), the K’ai’bii’tó Chapter is vested with the authority to review all

matters aflectirrg the community and make appropriate recommendations to the Navalo Nation.

Federal, State. and local agencies for uppropriate actions; and

3. Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among our

nation’s largest sources of nitrogen oxide pollution, and

4 Enrissions from both NGS and Four Corners is responsible for increased respiratory disease and

asthma and other health issues related due to toxins emitted, and

5, Emissions from both NGS and Four Corners is responsible to increased health care costs including

time spent driving to one of only 9 available Indian Hospitals within a 80 mile radius, and

6. Emissions from both the Navajo Generating and Four Corners Power Plant impairs anti reduces

visibility within the spectacular national parks throughout our region; and

7. (is critical that both NGS and Four Corners begin transition to renewable energy genratioii, and

8. This transition should include direct benefits to the people and communities that are adversely impact by more than 3 decades for toxic pollutants emitted into the air and onto the land and water

sOurcE’s.

NOW THEREFORE, 8E IT RESOLVED THAT.

The K’ai’bii’tO Chapter hereby supports the position of (6 Nizhóni, Inc to achieving the strongest the most stringent level of pollution controls possible from both Navajo Generating Station and Four Corners Power

Plant and surrounding the Navajo Nation: and

2 the K’an’bii’tó Chapter supports Environmental Protection Agency’s (EPA) determination of Best Available

Retrofit technology (BARfl for both Navajo Generating Station and Four Corners Power Plant

CE RTI FICATION

We hereby certify that the foregoing resolution was considered by the K’ai’bii’tó Chapter at a duly called

meeting at which a quorum was present and the same was passed by a vote of 38 in favor, Q opposed,

and Q abstained on this day of March 2011.Motion by: Franklin Fowler Second by: DareHTU

Kelsey A. t3egay, Chapte President Ernest Goatson, Chapter Vice-President
Supporting and Approving To Nizhoni Mi

s position to athievingthe strongest and most stringent level of pollution controls possible otherwise known as BART (Best Available Retrofit Technology) for both Navajo Generating Station and Four Corners Power Plant and the transition to a renewable energy plant.

WACS Resolution No.: 078-287-07

WHEREAS:

1. The Western Navajo Agency Council is a consortium of duly elected Chapter Officials of eighteen (18) certified Navajo Nation Chapters that advocate, promote and support common goals and interests ofthe respective Chapters; AND

2. The Western Navajo Agency Council is comprised of elected officials from eighteen (18) Navajo Nation Chapters in the Western Navajo Agency and has the responsibility and authority to address matters and projects that will benefit the 18 chapters of the Western Navajo Agency of the Navajo Nation; AND

3. Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among our nation’s largest sources of nitrogen oxide pollution; and

4. Emissions from both NGS and Four Corners is responsible for reducing the quality of life ofresidents of the Navajo and Hopi Nation by emitting toxins into the air that effect the plant life, air quality and water that the people depend on for sustainability; and

5. Emissions from both NGS and Four Corners is responsible for increased respiratory disease and asthma and other health issues related due to toxins emitted; and

6. Emissions from both NGS and Four Corners is responsible to increased health care costs including time spent driving to one of only 9 available Indian Hospitals within a 80 mile radius; and

7. Emissions from both The Navajo Generating and Four Corners Power Plant impairs and reduces viaibility within the spectacular national parks throughout our region; and

8. It is critical that both NGS and Four Corners begin transition to renewable energy generation, and This transition should include direct benefits to the people and communities that are adversely impacted by more than 3 decades for toxic pollutants emitted into the air and onto the land and water

sources.

Drings - Bodaway/Gap -. Cameron Chilchinbeto Coaimine — Coppermine - Dennehotso - Kaibeto — Kayent
2. The Western Navajo Agency Council hereby directs Environmental Protection Agency’s (EPA)

determination ofBest Available Retrofit Technology (BART) for both Navajo Generating Station and Four Corners Power Plant.

3. The Western Navajo Agency Council hereby further recommends that both NGS and Four Corners

commence plans to transition to renewable energy generation for the future sustainability and viability ofthe Navajo Nation.

CERTIFICATION

We, hereby certify that the foregoing resolution was properly presented at a. duly called Western Navajo Agency

Council Meeting at Dennehotso Chapter, Navajo Nation, Arizona, where a quorum was presented and passed with a

vote of 3L11 Favor; D Opposed; and Abstained on this 19 day of March 2010.

Motion by:

Second By:

e fr6c’ )‘‘ä t-4. 3

7

f;i

III/),1) , Thonas L, Cody, resiceat I,-’ Yrin’ Bigman, Vice-President /

K2Secr

)rings - Bodaway/Gap — Cameron - Chilchinbeto - Coaamine - Coppermine - Dennehotso - Kaibeto — Kayentz
WHEREAS:

1. The Pinon Chapter is recognized as a local government entity within the Navajo Nation Government

promoting the interest and welfare of the constituents pursuant to Navajo Nation Code; and

2. Pursuant to Title 26 NNC, Section B-i & 2, the purpose of the local Governance Act is to recognize at

the local level and to delegate to chapter government with respect to local matters consistent with

Navajo Laws including custom and tradition and to make decisions over local matter; and

3. Pinon Chapter recommends these two coal fired power plants are among our nation’s largest sources

of nitrogen oxide pollution harms our health thereby reducing quality of life due to high health care

costs, debilitating respiratory disease: and

4. The Navajo Generating and Four Corners Power Plant pollution impairs and reduces visibility within the

spectacular national parks throughout our region; and

‘ w#-

5. The Plants need to transition to clean energy source and that these alternative projects should directly

benefit people and communities that depend upon or were harmed by dirty energy sources: and

6. Pinon Chapter also recommends and supports this resolution for the best interest of the Pinon

Community and the effort to improve and maintain the community.

NOW THEREFORE BE IT RESOLVED THAT:

1. Plnon Chapter supports the Chapter Resolution supporting the To’ Nizhoni Ani position to achieving

the strongest and most stringent level of pollution controls possible from both Navajo GeneratingStation and Four Corners Power Plant and surrounding the Navajo Nation: and

2. These existing coals fired power plants need to transition to clean energy sources and that these

alternative projects should directly benefit people and communities that depend upon or were

harmed by daily energy source.

CERTIFICATION

We, the undersigned, do hereby certify that the foregoing resolution was duly considered by the Pinori

Chapter at a duly called meeting at which quorum was present, at Pinon, Navajo Nation, ARIZONA, and same

was passed by a vote of 2g in favor, gO opposed, c%’ abstained this 12th day of April 2010.

Ld th9

Gessie S. Allen / EvJyn M. Meadows Ramona Naiwood

PRESIDENT VICE-PRESIDENT SECRETARY/TREASURER

Preston McCabe, SR. Lorenzo Oedonie

COUNCIL DELEGATE COUNCIL DELEGATE
Resolution of the Forest Lake Chapter

FLC-11-02-014

Forest Lake Chapter supports To Nizhoni Ani’s position to achieving the strongest and most stringent

level of pollution controls possible otherwise known as BART (Best Available Retrofit Technology) for

both Navajo Generating Station and Four Corners Power Plant and the transition to a renewable

energy plant.

Whereas:

Forest Lake Chapter is recognized as a local government entity within the Navajo Nation Government

promoting the interest and welfare of the constituents pursuant to Navajo Nation Code; and

Pursuant to Title 26 NNC, Section B-i & 2 the purpose of the local Governance act is to recognize at the

local level and to delegate to chapter government with respect to local matter consistent with Navajo

laws including custom and tradition and to make decisions over local matter; and

Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among our

nation’s largest sources of nitrogen oxide pollution, and

Emissions from both NGS and Four Corners is responsible for reducing the quality of life of residents of

the Navajo and Hopi Nation by emitting toxins into the air that effect the plant life, air quality and water

that the people depend on for sustainability, and

Emissions from both NGS and Four Corners is responsible for increased respiratory disease and asthma

and other health issues related due to toxins emitted, and

Emissions from both NGS and Four Corners is responsible to increased health care costs including time

spent driving to one of only 9 available Indian Hospitals within a 80 mile radius, and

Emissions from both The Navajo Generating and Four Corners Power Plant impairs and reduces visibility

within the spectacular national parks throughout our region; and

It is critical that both NGS and Four Corners begin transition to renewable energy generation, and

This transition should include direct benefits to the people and communities that are adversely

impacted by more than 3 decades for toxic pollutants emitted into the air and onto the land and water

sources.

Phone (928) 677-3252/3347 Post Office Box 441, Pinon, Arizona 86510 Fax (928) 677-3320
Forest Lake Chapter supports To Nizhoni Ani position to achieving the strongest the most stringent

level of pollution controls possible from both Navajo Generating Station and Four Corners Power Plant

and surrounding the Navajo Nation; and

Forest Lake Chapter supports Environmental Protection Agency’s (EPA) determination of Best Available

Retrofit Technology (BART) for both Navajo Generating Station and Four Corners Power Plant.

Forest Lake Chapter recommends that both NGS and Four Corners commence plans to transition to

renewable energy generation for the future sustainability and viability of the Navajo Nation.

Certification

We hereby certify that the foregoing resolution was duly considered by the Forest Lake Chapter at a

duly called meeting in Forest Lake, Navajo Nation (Arizona), at which a quorum was present and that

same was passed by vote 22 in favor, 00 opposed, and Q abstained this.Z day of February 2011.

Motion by: Wayne Bitsui

Second by: JerryT. Begay

Do al T. C , Chapter President

Aifre ey, Cha er Vice Presi(ent 1.

lena Be a h pter Secretary/Treasurer

Dwight Witherspoon, Council Delegate
Whereas:(Chapter or Agency) is recognized as a local government entity within the Navajo Nation

Government promoting the interest and welfare of the constituents pursuant to Navajo Nation

Code; and

Pursuant to Title 26 NNC, Section B-i & 2 the purpose ofthe local Governance act is to

recognize at the local level and to delegate to chapter government with respect to local matter

consistent with Navajo laws including custom and tradition and to make decisions over local

matter; and

Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among

our nation’s largest sources ofnitrogen oxide pollution, and

Emissions from both NGS and Four Corners is responsible for reducing the quality oflife of

residents ofthe Navajo and Hopi Nation by emitting toxins into the air that effect the plant life,

air quality and water that the people depend on for sustainability, and

Emissions from both NGS and Four Corners is responsible for increased respiratory disease and

asthma and other health issues related due to toxins emitted, and

Emissions from both NGS and Four Corners is responsible to increased health care costs

including time spent driving to one of only 9 available Indian Hospitals within a 80 mile radius,

andEmissions from both The Navajo Generating and Four Corners Power Plant impairs and reduces

visibility within the spectacular national parks throughout our region; and

It is critical that both NGS and Four Corners begin transition to renewable energy generation,

and

This transition should include direct benefits to the people and communities that are adversely

impacted by more than 3 decades for toxic pollutants emitted into the air and onto the land and

water sources.

Now therefore be it resolved that:

RESO. NO. HR-04/11-08 Page 1
p

p

renewable energy generation for the future susainabi1ity and viability ofthe Navajo Nation.

CERTFICATION

We hereby certify that the foregoing resolution was duly considered by the Hardrock Chapter at

a duly called meeting in Hardrock, Navajo Nation, Arizona which quorum was present that same

was passed by vote of 25 in favor Q opposed and .1 abstained on this 26th day of April, 2011.

“

\

—)_L

Angela Witherspoon,Vice_President Dwight oon, WI Council Delegate

haPtrPide(/” Valencia Herder, Secretary/Treasure

RESO. NO. HR-04/11-08 Page 2
BLUE GAP/TACBEE CHAPTER SUPPORTS TO NIZUOM AM

S POSITION TO ACHIEVING THE

STRONGEST AND MOST STRIGENT LEVEL 01? POLLUTION CONTROLS POSSIBLE

OTHERWISE KNOW AS BART (BEST AVAILABLE RETROFIT TECHNOLOGY) FOR BOTH

NAVAJO GENERATING STATION AND FOUR CORNERS POWER PLANT AN]) THE TRANSITION

TO A RENEWABLE ENERGY PLANT.

WHEREAS:

1. Blue Gap/Tachee Chapter is recognized as a local government entity within the Navajo Nation Government

promoting the interest and welfare ofthe constituents pursuant to Navajo Nation Code; and

2. Pursuant to Title 26 NNC, Section B-i & 2 the purpose of the local Governance act is to recognize at the

local level and to delegate to chapter government with respect to local matter consistent with Navajo laws

including custom and tradition and to make decisions over local matter; and

3. Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among our

nation’s largest sources of nitrogen oxide pollution, and

4. Emissions from both NGS and Four Corners is responsible for reducing the quality of life of residents ofthe

Navajo and Hopi Nation by emitting toxins into the air that effect the plant life, air quality and water that the

people depend on for sustainability, and

5. Emissions from both NGS and Four Corners is responsible for increased respiratory disease and asthma and

other health issues related due to toxins emitted, and

6. Emissions fiom both NGS and Four Corners is responsible to increased health care costs including time

spent driving to one of only 9 available Indian Hospitals within a 80 mile radius, and

7. Emissions from both The Navajo Generating and Four Corners Power Plant impairs and reduces visibility

within the spectacular national parks throughout our region; and

8. It is critical that both NGS and Four Corners begin transition to renewable energy generation, and

9. This transition should include direct benefits to the people and communities that are adversely impacted by

more than 3 decades for toxic pollutants emitted into the air and onto the land and water sources.

NOW THEREFORE BE IT RESOLVED THAT:

I. Blue Gap/Tachee Chapter supports To Niihoni Ani position to achieving the strongest the most stringent

level of pollution controls possible from both Navajo Generating Station and Four Corners Power Plant and

surrounding the Navajo Nation; and

2. Blue Gap/Tachee Chapter supports Environmental Protection Agency’s (EPA) determination of Best

Available Retrofit Technology (BART) for both Navajo Generating Station and Four Corners Power Plant.

3. Blue Gap/Tachee Chapter recommends that both NGS and Four Corners commence plans to transition to

renewable energy generation for the future sustainability and viability of the Navajo Nation.

baron P. Yazzie, President Joe J. Jim, Vice President Betty V. Askie, Sec./Treasurer Benjamin Manycows, Grazing Representative
We, hereby certify that the foregoing resolution was duly considered by Blue Gap/Tachee

Chapter at a duly called meeting at Blue Gap, Navajo Nation, Arizona at which a quorum was

present and that same was passed by a vote ofq favor, ) oppose, 5 abstain this 8”

day ofApril, 2011.

Motion by: UP)D, i’V Seconded By:

AaroapreZ

etty V. Akie, Secretary/Treasurer

Joe J. Jim, Chapter Vice-President

Benjamin Manycows, Grazing Rep.

Delegate
WHEREAS:

1. The Chinle Agency is recognized as a local government entity within the Navajo Nation

Government promoting the interest and welfare ofthe constituents pursuant to Navajo NationCode; And

2. Pursuant to Title 26 NNC, Section B-i & 2 the purpose of the local Governance act is to

recognize at the local level and to delegate to chapter government with respect to local matterconsistent with Navajo laws including custom and tradition and to make decisions over localmatter; And

3. Both Navajo Generating Station (“NGS”) and Four Corners Power Plant (“Four Corners”)

are among our nation’s largest sources of nitrogen oxide pollution; And

4. Emissions from both NGS and Four Corners is responsible for reducing the quality of life of

residents of the Navajo and Hopi Nation by emitting toxins into the air that effect the plantlife, air quality and water that the people depend on for sustainability; And

5. Emissions from both NGS and Four Corners is responsible for increased respiratory disease

and asthma and other health issues related due to toxins emitted; And

6. Emissions from both NGS and Four Corners is responsible to increased health care costs

including time spent driving to one of only 9 available Indian Hospitals within a 80 mile

radius; And

7. Emissions from both The Navajo Generating and Four Corners Power Plant impairs and

reduces visibility within the spectacular national parks throughout our region; And

8. It is critical that NGS and Four Corners begin transition to renewable energy generation; And

9. This transition should include direct benefits to the people and communities that are

adversely impacted by more than 3 decades for toxic pollutants emitted into the air and onto

the land and water sources.

NOW THEREFORE IT RESOLVED THAT:

1. The Chinle Agency Council fully supports the To Nizhoni Ani position to achieving the

strongest the most stringent level of pollution controls possible from both Navajo Generating

Station and Four Corners Power Plant and surrounding the Navajo Nation; And
2. The Chinle Agency Council fully supports Environmental Protection Agency’s determination

of Best Available Retrofit Technology for both Navajo Generating Station and Four Corners

Power Plant; And

3. The ChinIe Agency Council further recommends that both Navajo Generating Station and

Four Corners conunenve plans to transition to renewable ge’:ation for the f’r1Lre

sstai nab i ity and viability ofthe Navajo Nation.

CERTIFJCA tflON

I herr.hy rt1y the foregoing resolution was duly considered o’ hc Thic 1IAg-cy Council

membeitip at vidch a quorum was present and same was passc4 iy of in f’.vor, 00opposed and 00 abstained, this 8th day of Januan’ 2011 at the Many Farms Chapter House,

Navajo Nafon, ARIZONA.

MOTION RY Bessie Allen

SECONF : tY: Charlotte Begaye

IJärrison Kee, PresidentChinle Agency Council
CO-03-04-.L1

RESOLUTION OF THE COPPERMINE CHAPTER

Coppermine Chapter Western Navajo Agency supports To Nizhoni Ani’s position to achieving the

strongest and most stringent level of pollution controls possible otherwise known as BART (Best

Available Retrofit Technology) for both Navajo Generating Station and Four Corners Power Plant and

the transition to a renewable energy plant.

Whereas:Coppermine Chapter Western Navajo Agency is recognized as a local government entity within the Navajo

Nation Government promoting the interest and welfare of the constituents pursuant to Navajo Nation Code; and

Pursuant to Title 26 NNC, Section B-i & 2 the purpose of the local Governance act is to recognize at the locallevel and to delegate to chapter government with respect to local matter consistent with Navajo laws including

custom and tradition and to make decisions over local matter; andBoth Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among our nation’s

largest sources of nitrogen oxide pollution, andEmissions from both NGS and Four Corners is responsible for reducing the quality of life of residents of the

Navajo and Hopi Nation by emitting toxins into the air that effect the plant life, air quality and water that the

people depend on for sustainability, and

Emissions from both NGS and Four Corners is responsible for increased respiratory disease and asthma and

other health issues related due to toxins emitted, andEmissions from both NGS and Four Corners is responsible to increased health care costs including time spent

driving to one of only 9 available Indian Hospitals within a 80 mile radius, andEmissions from both The Navajo Generating and Four Corners Power Plant impairs and reduces visibility

within the spectacular national parks throughout our region; and

It is critical that both NGS and Four Corners begin transition to renewable energy generation, and

This transition should include direct benefits to the people and communities that are adversely impacted by

more than 3 decades for toxic pollutants emitted into the air and onto the land and water sources.

Now therefore be it resolved that:Coppermine Chapter Western Navajo Agency supports To Nizhoni Ani position to achieving the strongest the

most stringent level of pollution controls possible from both Navajo Generating Station and Four Corners

Power Plant and surrounding the Navajo Nation; and

Coppermine Chapter Western Navajo Agency supports Environmental Protection Agency’s (EPA)determination of Best Available Retrofit Technology (BART) for both Navajo Generating Station and Four

Corners Power Plant.

Coppermine Chapter Western Navajo Agency recommends that both NGS and Four Corners commence plansto transition to renewable energy generation for the future sustainability and viability of the Navajo Nation.
Coppe

e C

apte

(Coconino Cou

ty, ARIZONA) Navajo Nation, where a quorum was present and

that same was passes by a vote ofj in favor Q opposed and fl abstained, this 24th day of March 2011.

Motion By: Allen Fowler, Jr.

Second By: Alfred Long

Floyd even , apter President Va ie Fowler, Secretary/Treasurer

Lola mith, Chapter ‘(‘ice-President Calvin G. Begay, Qaing Committee
NAHATA DZIIL COMMISSION GOVERNANCE SUPPORTS MZHONI ANI’S POSITION TO

ACHIEVING THE STRONGEST AND MOST STRIGENT LEVEL OF POLLUTION CONTROLS

POSSIBLE OTHERWISE KNOWN AS BART (BEST AVAILABLE RETROFIT TECHNOLOGY)

FOR BOTH NAVAJO GENERATING STATION AND FOUR CORNERS POWER PLANT AND

THE TRANSITION TO A RENEWABLE ENERGY PLANT.

WHEREAS:

1 The Nahata Dziil Commission Governance is certified by the Navajo Nation Council Resolution

CAP-36-91 as a local governmental entity of the Navajo Nation government which has the

responsibility and authority to promote, protect and preserve the interest and general welfare

including the safety of its community, people, programs, property, etc.; and

2. Transportation and Community Development Committee of the Navajo Nation by Resolution

TCDCAU-66-02, approved governance certification of the Nahata Dziil Commission Governance

Five Management Policies and Procedures pursuant to 26 N.N.C Section 102 (B), which permit’s

the Nahata Dziil Commission Governance t exercise local governance authorities contained

within 26 N.N,C. Section 103 (D)(l); and

3. The Nahata Dziil Commission Governance is further certified by the Navajo Nation in accordance

with its Community Based Land Use Plan, pursuant to Resolution of the Transportation and

Community Development Committee of the Navajo Nation Council, to administer its community

lands with the New Lands Chapter boundaries and to decide on the best options for its land uses;and

4. On January 20, 2008, the Nahata Dziil Chapter converted its Governmental entity into the Nahata

Dziil Commission Governance; and

5, Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among

our nation’s largest sources of nitrogen oxide pollution; and

6. Emissions from both NGS and Four Corners is responsible for reducing the quality of life of

residents of the Navajo and Hopi Nation by emitting toxins into the air that effect the plant life, air

quality and water that people depend on for sustainability, and

7. Emissions from both NGS and Four Corners is responsible for increased respiratory disease and

asthma and other health issues related due to toxins emitted; and

8. Emissions from both NOS and Four Corners is responsible for increased health care costs

including time spent driving to one of the 9 available Indian Health Hospitals within a 80 mile

radius; and

9. Emissions from both the NGS and Four Corners Power Plant impairs and reduces visibility

within spectacular national parks throughout our region; and

P. 0. Bo 400 Sanders,.AZ 8(5l2 (928) (188-2150 • i’1AX; (92-8) 688-2235
SUPPORTING TO NIZHONI ANUS POSITION TO ACHIEVING THE STRONGEST AN]) MOST

STRINGENT LEVEL OF POLLUTION CONTROLS POSSIBLE OTHERWISE KNOWN AS

BART (BEST AVAILABLE RETROFIT TECHNOLOGY) FOR BOTH NAVAJO GENERATING

STATION AND FOUR CORNERS POWER PLANT AND THE TRANSITION TO A

RENEWABLE ENERGY PLANT

WHEREAS:

Pursuant to 27 NTC, the Leupp Chapter is duly recognized as a local government entity of the

Navajo Nation, vested with certain authorities and responsibilities to act on behalf of the Navajo

Citizens in the local community; and

Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among

our nation’s largest sources of nitrogen oxide pollution; and

Emissions from both NGS and Four Corners is responsible for reducing the quality of life of

residents of the Navajo and Hopi Nation by emitting toxins into the air that effect the plant life, air

quality and water that the people depend on for sustainability; and

Emissions from both NGS and Four Corners is responsible for increased respiratory disease andasthma and other health issues related due to toxins emitted; and

Emissions from both NGS and Four Corners is responsible to increased health care costs includingtime spent driving to on of only 9 available Indian Hospitals within a 80 mile radius; and

Emissions from both The Navajo Generating and Four Corners Power Plant impairs and reduces

visibility within the spectacular national parks throughout our region; and

It is critical that both NGS and Four Corners begin transition to renewable energy generation; and

This transition should include direct benefits to the people and communities that are adversely

impacted by more than 3 decades for toxic pollutants emitted into the air and onto the land and

water sources.

‘:

• (

i:.\; 1 Ii’ i

i( tfl itfl: )
Leupp Chapter supports To Nizhoni A.ni position to achieving the strongest the most stringent level of

pollution controls possible from both Navajo Generating Station and Four Corners Power Plant and

surrounding the Navajo Nation; and

Leupp Chapter supports Environmental Protection Agency’s (EPA) determination ofBest Available Retrofit

Technology (BART) for both Navajo Generating Station and Four Corners Power Plant; and

Leupp Chapter recommends that both NGS and Four Corners commence plans to transition to renewableenergy generation for the future sustainability and viability ofthe Navajo Nation.

CERTIFICATION

We hereby certify that the following was duly considered by the Leupp Chapter at a duly called meeting at

Leupp, Navajo Nation (Arizona) at which a quorum was present and that same was passed by a vote of

in favor, opposed, •3 abstentions, on this 22 day of April, 2011

Motion: /li4cB”té’-i Second: :ThL/.r. 4-4L_

i;

t Tt: iii

.

J. ‘I (L i1

‘I

Tho Cody, res t

R ita Ann Kelly Secrett’y / Treasurer

ones-No1ine President
RESOLUTION NO. BA-03- 0 4j -11

BODAWAY/GAP CHAPTER SUPPORTS TO NIZHONI ANI’S POSITION TOACiiLI,VING TilE STRONGEST AND MOST STRIGENT LEVEL OF POLLUTION

CONTROLS POSSIBLE OTHERWISE KNOWN AS BART (BEST AVAILABLE

RETROFIT TECHNOLOGY) FROM BOTH NAVAJO GENERATING STATION AN])

FOUR CORNERS POWER PLANT.WHEREAS:

1. The Bodaway/Gap Chapter is recognized as a local government entity within the

Navajo Nation Government promoting the interest and welfare of the constituents

pursuant to Navajo Nation Code; and

2. Pursuant to Title 26 NNC, Section B-i & 2 the purpose ofthe local Governance act is

to recognize at local level and to delegate to chapter government with respect to localmatter consistent with Navajo laws including custom and tradition and to makedecisions over local matter; and

.3. Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners)

are among our nation’s largest course of nitrogen oxide pollution, and

4. Emissions from both NGS and Four Corners is responsible for increased respiratory

disease and asthma and other health issues related due to toxins emitted, and

5. Emissions from both NGS and Four Corners is responsible to increased health care

costs including time spent driving to one of only nine (9) available Indian Hospitals

within a 80 miles radius, and

6. Emissions from both the Navajo Generating and four Corners Power Plant impairs

and reduces visibility within the spectacular national parks throughout our region; and

7. It is critical that both NGS and Four Corners begin transition to renewable energy

generation, and

8. This transition should include direct benefits to the people and communities that are

adversely impacted by more than three (3) decades for toxic pollutants emitted into

the air and onto the land and water sources.
strongest the most strigent level of pollution controls possible from both Navajo

Generating Station and Four Corners Power Plant and surrounding the Navajo Nation; and

2. The Bodway/Gap Chapter supports Environmental Protection Agency’s (EPA)

determination ofBest Available Retrofit Technology (BART) for both Navajo Generating

Station and Four Corners Power Plant.

3. Both NGS and Four Corners commence plans to transition to renewable energy

generation.

* * * * * * * * * * * * * * * * * CERTIFICATION * * * * * * * * * * * * * * * * *

WE BEREBY CERTIFY THAT THE FOREGOiNG RESOLUTION WAS CONSIDERED BY

THE BODAWAY/GAP CHAPTER AT A DULY CALLED REGULAR CHAPTER MEETING

AT THE GAP (NAVAJO NATION), ARIZONA; AT WHICH A QUORUM WAS PRESENTAND THAT SAME WAS PASSED BY A VOTE OF ce TN FAVOR, 00 OPPOSED,

AND AB STAl1lED; ON THIS 1 6 DAY OF M 2011. /5

MOTIONED BY: t)thb?& l9(C’i SECONDED BY: iMtc’ 1)t

Li

BILLY ONA JS% 74ATHAN HASKIEPresident razing Member

JVtAjt L-C

MARIE1. WILLIAMS DUANE S. TSJNTGINE

Vice-Presiden Council Delegate

JOEVERN J. GA

Secretary/Treasurer
RESOLUTION OF THE

NAVAJO MOUNTAIN CHAPTER

THE NAVAJO NATION

NMO3/095-2011

RECOMMENDATION TO APPROVE THE REQUEST TO’ NIZHONI ANI’ POSITION

TO ACHIEVING THE STRONGEST AND MOST STRINGEST LEVEL OFPOLLUTION CONTROL POSSIBLE OTHERWISE KNOWN AS (BEST AVAILABLERETROFIT TECHNOLOGY) FROM BOTH NAVAJO GENERATING STATION ANDFOUR CORNERS POWER PLANT

WHEREAS:

1. Pursuant to 26 N.N.C., Section 3 (A), Navajo Mountain Chapter is a duly recognized certified

Chapter ofthe Navajo Nation Government, as listed at 11 N.N.C., part 1, section 10; and

2. Pursuant to 26 N.N.C., Section 1 (B), Navajo Mountain Chapter is vested with the authority to

review all matters affecting the community, make appropriate corrections when necessary, andprovide recommendations to the Navajo Nation and other local agencies for appropriate action; and

3. Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) are among our

Nations largest sources of nitrogen oxide pollution; and

4. Emission from both NGS and Four Corners is responsible for reducing the quality of life of residents

ofthe Navajo and Hopi Nation by emitting toxins into the air that effect the plant life, air quality and

water that the people depend on for sustainability; and

5. Emissions from both NGS and Four Corners is responsible for increased respiratory disease and

asthma and other health issues related due to toxins emitted; and

6. Emissions from both NGS and Four Corners impairs and reduces visibility within the spectacular

National parks throughout our region; and

7. It is critical that both NGS and Four Corners begin transition to renewable energy generation; and8. This transition should include direct benefits to the people and communities that are adversely

impacted by more than three (3) decades for toxins pollutants emitted into the air and onto the land

and water sources.

Resolution Number: NMO3/095-201 1 Page] of2
CERTIFICATION

We hereby certify that the foregoing resolution was duly considered by Navajo Mountain Chapter at a

duly called meeting in Navajo Mountain, Utah at which a quorum was present and the same was passed

by a vote of 29 in favor 01 opposed and 03 abstained on this 12th day of MARCH 2011

Motion: Clarita Stevens Second: Fred Bedoni

%i7%D

Alex Bitsinñie, President Jean Dejolie, Vice President

Ella Jean ad i, Secretary/Treasurer

Resolution Number: NMO3/095-2011 Page 2 of2
Robert Yazzle

Vice-President

4 ORDINANCE OF THE COUNCIL OF NMTAANII AND EXECUTIVE MANAGER FORM

5 OF GOVERNMENT FOR TO’NANEES’DIZI COMMUNITY

Charlene A. Nez

Secretary/Treasurer

6 U1ATIQN OF nj.g cpvc iF rJw 0i THFZ TO’NNES’flTfl LO7 QY 1JJRT1QNoNAoJNo/‘

8 Helen M. Herbert

9 Council Member 10 tyw QESPQWJJ1JJ A’ - 11 ThANiVSL3 WAcJ EYP)TS Jimmy I4oigate 12 Sponsor: Robert Yazzie. Council of Naat’aánhi Vice-President Council Member 13 LONG TITLE

14 General Description: ADMINISTRAIIVE STAFF 15 This proposed legislation is to support the To Nizhoni Am’s position to achieve the strongest

Priscilla Llttlefoot 16 and most stringent levels of pollution controls possible otherwise known as BART (Best Executive Manager . 17 Available Retrofit Technology) for both Navajo Generating Stating and Four Corners Power

Noreen ParrIsh 18 Plant and the transition to a renewable energy plants. Executive Assistant 19 Highlighted Provisions:

Vanessa Lee 20 A. Both Navajo Generating Station (NGS) and Four Corners Power Plant (Four Corners) Administrative Assistant 21

are among our nation’s largest sources of nitrogen oxide pollution, and

fJ 22 B. Emissions from both NGS and Four Corners is responsible for reducing the quality of 23 life of residents of the Navajo and Hopi Nation by emitting toxins into the air that

24 effect the plant life, air quality and water that the people depend on for sustainability,

25 and

26 C. Emissions from both NGS and Four Corners is responsible for increased respiratory

27 disease and asthma and other health issues related due to toxins emitted, and

28 D. Emissions from both NGS and Four Corners is responsible to increased health care

29 costs including time spent driving to one of only 9 available Indian Hospitals within a

30 80 mile radius, and

j

31 E. Emissions from both The Navajo Generating and Four Corners Power. Plant impairs and

32 reduces visibility within the spectacular national parks throughout our region and it is

33 critical that both NGS and Four Corners begin transition to renewable energy

J

34 generation, and.

35 F. This transition should include direct benefits to the people and communities that are

36 adversely impacted by more than 3 decades for toxic pollutants emitted into the air

37 and onto the land and water sources.

38 Special Clauses:

39

> The To’Nanees’Dizi Chapter respectfully requests for Public Hearings for disbursement of

lii
g 

43 WHEREAS, the To’Nanees’Dizi Chapter is Local Governance Act Certified Chapter pursuant to

44 TCDC

# TCDCD-18-04.

WHEREAS, the To’Nanees’Dizi Chapter has adopted the Council of Naat’aánii and Executive

Manager Form of Government for the To’Nanees’Dizi Chapter pursuant to the Special

Referendum Election held on January 12, 2010, and Navajo Nation Board of Election

Supervisors Certification on February, 3, 2010, BOESF-004-10.

WHEREAS, the Council of Naat’aánii Officers on behalf of the To’Nanees’Dizi Local

Government to supports the To Nizhoni Ani’s position to achieve the strongest and most

stringent levels of pollution controls possible otherwise known as BART (Best Available

Retrofit Technology) for both Navajo Generating Stating and Four Corners Power Plant and

the transition to a renewable energy plants.

NOW, THEREFORE, BE IT RESOLVED that the Council of Naat’aánii of the To’Nariees’Dizi

Local Government concurs support To Nizhoni Ani position to achieving the strongest the

most stringent level of pollution controls possible from both Navajo Generating Station and

Four Corners Power Plant and surrounding the Navajo Nation; and supports Environmental

Protection Agency’s (EPA) determination of Best Available Retrofit Technology (BART) for

both Navajo Generating Station and Four Corners Power Plant and recommends that both

NGS and Four Corners commence plans to transition to renewable energy generation for the

future sustainability and viability of the Navajo Nation.

CERTIFICATION

I hereby certify that the foregoing legislation was duly considered and approved by the

To’Nanees’Dizi Local Government Council of Naat’aánii at a duly called meeting in Tuba City,

Navajo Nation, (Arizona), on this 1st day of May, 2011, at which a quorum was present and

that the same was adopted by a majority vote of YES VOTE: and

0 VOTE:

9

Max D. dtootl9, Council of Naat’aánii President

To’Nanees’Dizi Local Government

Motion: ,-r-7 /4’5

‘

Second:

Robert Yazzle

Vice-President

Priscilla Littlefoot

Executive Manager

Noreen Parrish

Executive Assistant

Charlene A. Nez 45 Secretary/Treasurer 46

Helen M. Herbert 47

Council Member 48

Jimmy Holgate 49 Council Member 50

51

ADMINISTRATIVE STAFF 52

53

54

55

56

Vanessa Lee 57

Administrative Assistant 58

59

60

61

62

63

64

65

66

67

68

69

70

71