legislative summary sheet tracking no. ---v3-- 26, 2012 ... · clarence bt>donie - vire...

LEGISLATIVE SUMMARY SHEET Tracking No. C:~'..Jlc ---V3--

DATE: July 26, 2012

TITLE OF RESOLUTION: PROPOSED STANDING COMMITTEE RESOLUTION; AN ACTION RELATING TO RESOURCES AND DEVELOPMENT; DIRECTING NAVAJO NATION LAND DEPARTMENT TO TAKE THE LEADERSHIP ROLE IN THE PLANNING OF A PROPOSED SOLAR DEVELOPMENT ON LANDS TO BE IDENTIFIED WITHIN THE PEABODY \\-'ESTERN COAL MINING COMPANY "NORTH LEASE" AREA

PURPOSE: The purpose of the resolution is to direct the Navajo Nation Land Department to take the leadership role in the planning of a proposed solar development on lands to be identified within the Peabody Western Coal Mining Company "North Lease" area. The Land Department is directed to consult with Peabody and the Office of Surface Mining regarding the identification of the land for potential solar development. The Land Department is also directed to communicate with the Chapters listed in Exhibit A regarding the development of the solar project.

This written summary does not address recommended amendments as may be provided by the standing committees. The Office of Legislative Counsel requests each Council Delegate to review each proposed resolution in detail.

12-149-1

).QAYBIl! nME/DATE: ~~~_-"+''''''''''''I Resources &Deveropm nt Committee SlGNAlURE: -I-.-w.t~e--~~-I ENDDAlE:

PROPOSED STANDING COMMITTEE RESOLUTION

2 22 0d NAVAJO NATION COUNCIL -- Second Year, 2012

INTRODUCED BY

4

5

6

7 '*-....,..--..

8 TRACKING NO. -=-"""'---'-"----"'-= _

9 AN ACTION

10 RELATING TO RESOURCES AND DEVELOPMENT; DIRECTING NAVAJO

11 NATION LAND DEPARTMENT TO TAKE THE LEADERSHIP ROLE IN THE

12 PLANNING OF A PROPOSED SOLAR DEVELOPMENT ON RECLAIMED LANDS

13 TO BE IDENTIFIED WITHIN THE PEABODY WESTERN COAL MINING

14 COMPANY "NORTH LEASE" AREA

15

16 BE IT ENACTED:

17

3

18 Section One. The Navajo Nation makes the following findings with respect to this

19 resolution:

20

21 A. Navajo Nation Chapters K'ai'bii't6 Chapter, Coppennine Chapter, Tonalea

22 Chapter, Hardrock Chapter, Forest Lake Chapter, Bodaway/Gap Chaper, Navajo

23 Mountain Chapter, Leupp Chapter, Blue Gap/Tachee Chapter, Black Mesa (Kits'iili

24 Chapter) and units of local governance including Chinle Agency Council, Nahata Dziil

25 Commission Governance and the To'nanees'dizi Local Government have passed

26 resolutions for the purpose of establishing a solar energy project on reclaimed lands

27 currently leased by Peabody Western Coal Mining Company (Peabody). Exhibit A

28 (Resolutions of the named Chapters and units of government). The resolutions reference

29 Investigation of the Solar Power Potential of Reclaimed Areas at the Black Mesa Coal

30 Mine, Arizona, u.s. Exhibit B.

Page 1 of3 12-149-1

2 B. The Navajo Nation owns a 100% interest of both the surface and mineral

3 estate of the Black Mesa Coal "North Lease" in contrast to the "South Lease" which is

4 held by both the Navajo Nation and Hopi Nation. Exhibit C (Memorandum to Hon.

5 Dwight Witherspoon from the Navajo Nation Department of Justice, September 23,

6 2011). Because of the Navajo Nation's 100% ownership of the North Lease lands,

7 potential solar development should be investigated there.

8 C. Development of a solar energy project on reclaimed lands located on the

9 North Lease will require coordination with Peabody. The development is subject to

10 Peabody's reasonable right to surface areas necessary for mining. Exhibit C.

II D. The Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.c.

12 §§120l, et seq., and its implementing regulations, impose extensive reclamation

13 responsibilities on Peabody. Once Peabody has met all its reclamation responsibilities

14 under SMCRA, the federal agency charged with overseeing the implementation of

IS SMCRA on Navajo Nation lands, the United States Office of Surface Mining (OSM),

16 will terminate its jurisdiction over the lands. To develop a solar project on lands still

17 under OSM jurisdiction, consultation and coordination with OSM and Peabody will be

18 required. Exhibit C.

19 E. The proposed solar energy project must address additional issues such as

20 considering the rights of grazing permittees, identifying the market for the solar energy

21 whether it be for local consumption or for off reservation use, and, importantly,

22 identifying a funding source for the solar development. Exhibit C.

23 F. There exist potential areas for development of a solar energy project on the

24 Peabody North Lease lands. However, the need to coordinate with Peabody and possibly

25 Office of Surface Mining about the location of a solar site; and, resolving other issues

26 impacting the development of a solar project necessitate organizational effort from the

27 Navajo Nation Land Department.

28 G. The Chapters and local government units listed in Exhibit A should be kept

29 apprised of the planning of the proposed solar development project by the Navajo Nation

30 Land Department.

Page 2 of3 12-149-1

5

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15

20

25

30

2 Section 2. Directing the Navajo Nation Land Department To Take the Leadership Role

3

4 The Navajo Nation hereby directs the Navajo Nation Land Department to take the

leadership role in the planning and negotiation of a proposed solar development on land within

6 the Peabody North Lease area.

7

8 Section 3. Directing the Navajo Nation Land Department to Consult with Peabody and the

9 United States Office of Surface Mining regarding the Site for the Proposed Solar

Development

I I

12 The Navajo Nation hereby directs the Navajo Nation Land Department to consult with

13 Peabody and the United States Office of Surface Mining regarding the identification of a site

14 within the Peabody North Lease area and other issues relative to the Surface Mining Control and

Reclamation Act, 30 U.S.c. §§ 1201, et seq.

16

17 Section 4. Directing the Navajo Nation Land Department to Apprise the Resources and

18 Development Committee and Chapters and Governmental Units Listed in Exhibit A

19 regarding the development of this solar project

21 The Navajo Nation Land Department is directed to apprise the Resources and

22 Development Committee and the Chapters and Governmental Units listed in Exhibit A regarding

23 the development of this solar project through periodic reports.

24

26

27

28

29

Page 3 of3 12-149-1

RESOLUTION OF THE BLACK MESA (Kits'iili) CHAPTER

BLAC-Oll-03-10S

Relating to Resources: Approving, and Authorizing the Use of Peabody Lease and Reclaimed Lands

for the Purpose of Establishing the Black Mesa Solar Project includinc the following:

1. Support for identifying the solar potential of reclaimed lands.

2. Support for pursuing the development of energy generation on reclaimed lands.

3. Support for pursing funding sources for the said proposed project.

4. Support for local communities by diverting direct revenues into communities impacted by the

mining.

Whereas, the potential for solar energy exists, on Black Mesa Mine reclaimed lease lands;

Whereas, an alternative to Coal Mining operation and impacts is supported by Chapters, and

communities;

Whereas, the proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies,

as shown in exhibit B;

Whereas, the Navajo Nation must continue to pursue Renewable Energy Generation as a source of

Economic Development as an alternate to exhausted natural resources;

Whereas, the Navqjo Nation must continue to pursue Renewable Forms of Energy Generation to

maintain consistency with the Dine way of life; stewards of the land and resources.

Whereas, the Navajo Nation must seek sustainable and renewable forms of economic development

projects, in order to fulfill the Green Jobs Legislation requirements;

Whereas, the Navajo Nation must seek sustainable and renewable forms of economic development as a

means to transition from a non-renewable energy economy to a renewable energy economy;

Therefore, be it resolved;

1. The Black Mesa Chapter supports the use of Peabody Leased lands, in particular Reclaimed

lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain

the long term viability and sustainability of the Navajo People and Navajo Nation.

Marvin Yellowhair Caroline Bemore Marlene Biltah Marty Benallie, Sr. Dwight Witherspoon Chapter President Chapter Vice-President Chapter Secretaryrrreasurer Grazing Committee Member Council Delegate


2. The Black Mesa Chapter Supports the use of Peabody Leased lands, in particular Reclaimed

lands, for the purpose of establishing a Solar Project, that would generate revenues for the

Navajo Nation.

CERTIFICATION

We hereby certify that the foregoing resolution was fully considered by the Black Mesa Chapter at a

duly called meeting at Back Mesa, Arizona at which a quorum was present and that same was passed

by a vote of2.L in favor,.!XL opposed, and 0L\ abstained, on this 11th day of March 2011.

Motioned by: _fJ0\\\ , ~

Second by: Ehse\"\\e.

(J~~--Caroline Bemore, Vice President

Ci;) -)J~ Marlene Biltah, Secretary/Treasurer Dwight W~Council Delegate

NAHATA DZIIL COMMISSION GOVERNANCE Arnold Begay - President Jerry Thompson - Treasurer Clarence Bt>donie - Vire President Wayne Lynch - Member Ella Katoney - Secretary

RESOLUTION OF NAHATA DZIILCOMMISSION GOVERNANCE

NDC 11-05-141

RELATING TO RESOURCES: APPROVING AND AUTHORIZING THE USE OF PEABODY LEASE AND RECLAIMED LANDS FOR THE PURPOSE OF ESTABLISHING THE BLACK

MESA SOLAR PROJECT INCLUDING THE FOLLOWING.

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. The N-Aquifer is the sole source of potable water for the residents of Black Mesa and surrounding communities; and

6. The potential for solar energy exists, on Black Mesa solar energy, on Black Mesa reclaimed lease land; and

7. An alternative to Coal mining operation and impacts is supported by Chapters, and communities; and

8. The proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies, as shown in exhibit B; and

9. The Navajo Nation must continue to pursue renewable energy generation as a source of Economic Development as an alternate to exhausted natural resources; and

10. The must continue to pursue renewable forms of energy generation to maintain consistency with Dine way oflife; stewards of the land and resources.

P. O. Box 400 • Sanders, AZ 86512 • (928) 688-2150 • FAX: (928) 688-2235

RESOLUTION OF THE K'AI'BII'TO CHAPTER ~9. BOJl 1761; K'ai'Bi(T.9L~.--,,8=60=5=-3_-----,P---,-h..:..:-It,-,--:.f928} 673·5850/5851 Faxtt: (928) 673-5853

SUPPORilNG THE AUTHORIZATION FOR THE USE OF PEABODY LEASE AND RECLAIMED

lANDS FOR TH[ PURPOSE OF ESTABLISHING A SOLAR PROJECT,

WHfREAc;

Tr<-· ,., .,i'hiilO Cl1n~I~1 " c(','tiiied Chilpler 01 the NilVilJO Nalion and I:> delegated the authorit~, and

r~SI,msib'lilV tc promole prOjeCt:.. which benefits ti-)e local communilV, and

2 PlH',Udn~ 102 N N C.. Section 4028 (aL the ""ai'bii'to Chapter is vested with the author'ly to review all

maller, ilftpe.ting the community and milk!' appropriate recommendations to the Navajo Nation,

Federal. State. and 1n,;:;1 ilgencies for appropriate actions: and

3 The potentiill for ,alar E'nergy eXists on reci<lImed lea",!' lands,

4 An altprnatlve to l.oal Mining operation and impacts is ,>upporled bv (tldplers, and Communities,

:;, ThE:' prupe-'",! f(l[ " ',01;:; Project on r('c1almed leased lands is supported by preliminary 5tudif's, C'l'.

shown 1[1 e';;lIbrl n

t ThE' NatiOn mil,! cotl[!nue to pur,ue ri'npVliilbli" efwrhy fJ."neratlOn as il S[JurCt: of economic

deve>looment ,)', ar' ;J!ternaIP to exh'lU51ed niltlJl al r:>source:,;

The Nil!lon mi)',t contl'IUP tc: pur,u'-' renewilbl" forms of pnergy generat,on to maintain cooshtene¥

WIth thf' Dllk '.NdY of Ide>

b The Nation nUI;1 ,e'?k SlIS] aindbl,' ,H1U renp'wdble f O'Il1~ of 'OCOnOflllC development prOlecto. ,n order

to fulf,lI the greon Job" legislation requirempnlS

,'J()W THEREFORE. ElE IT RESOLVED fHA I

l,r~e Kdi'ol!'to ChaptE>r hereby S'Jpport5 the use of Peabody Leased lands. in paillcular Reclaimed lands,

for the puq.>o!,e of E'stabli,hine if 50,rtr ProJect, that would generate revenues for the Navajo Nation.

C t R T I Fie A TtJU'I

If.'e herebv u"tifv that the fnref()Il"~ r""ollilion wa', con"rl",rpo by ttw K'ai'bi"t6 Chapter at a duly calied meeting

al which a quorum IN,iS pre,ent dnd rhe 5ilme \JJ,a', ras\ed by il vOle of JB in f;lVor Q opposed, and Q abstained on

thiS §~~ (jay of March 2011,

MotIon by: Franklin Fowler

--~-~._--'~. --:.:....-._._---rel:..:v A. Begay, Chapter Dre"ldent

COPPERMINE CHAPTER Chapter President Council Delegate

Floyd Stevens Duane S. Tsinigine

Chapter Vice President Lola Smith

Secretaryrrreasurer Grazing Committee Valerie Fowler Calvin G. Begay

CO-03-044-11 RESOLUTION OF THE COPPERMINE CHAPTER

Relating to Resources: Approving, and Authorizing the Use of Peabody Lease and Reclaimed Lands for the Purpose of Establishing the Black Mesa Solar Project including the following:



3. Support for pursing fundi"lsources for the said proposed project.

4. Support for local communities by diverting direct revenues into communities impacted by the mining.


Whereas, an alternative to Coal Mining operation and impacts is supported by Chapters, and communities;

Whereas, the proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies, as shown in exhibit B;

Whereas, the Navajo Nation must continue to pursue Renewable Energy Generation as a source of Economic Development as an alternate to exhausted natural resources;

Whereas, the Navajo Nation must continue to pursue Renewable Forms of Energy Generation to maintain consistency with the Dine way of life; stewards of the land and resources.

Whereas, the Navajo Nation must seek sustainable and renewable forms of economic development projects, in order to fulfill the Green Jobs Legislation requirements;

Whereas. the Navajo Nation must seek sustainable and renewable forms of economic development as a means to transition from a non-renewable energy economy to a renewable energy economy;

Therefore, be it resolved; 1. The Coppermine Chapter Western Navajo Agency Supports the use of Peabody Leased lands, in particular

Reclaimed lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain the

long term viability and sustainability of the Navajo People and Navajo Nation.

2. The Coppermine Chapter Supports the use of Peabody Leased lands, in particular Reclaimed lands, for the

purpose of establishing a Solar Project, that would generate revenues for the Navajo Nation.

CO-03-044-11: Relating to Resources: Approving and Authorizing the Use of Peabody Lease and Reclaimed Lands for the Purpose of Establishing a Solar Project.

CE R T I F I CAT ION

We, herehy, certify that the foregoing resolution was considered at a duly call Chapter meeting at Coppermine Chapter (Coconino County, ARIZONA) Navajo Nation, where a quorum was present and that same was passes by a vote ofJ! in favor 00 opposed and 07 abstained, this 24th day of March 2011.

Motion By: Allen Fowler, JT.

Second By: Alfred Long

t)ahm~~ Va't6ie Fowler, Secretaryrrreasurer

PnIsident: CheMer CIIIw 1"_ nilxi ani t'eego V"1Ce President: steven Tonalea Chapter Secretary: Nora Fo P.O. Box 207 Tonalea, AZ 86044 .....

District One- Western Navajo Agency c .

: (928) 283-3430 Fax: (92S>-i" ~.' ---,;

~.~

-.'--- -

RESOLUTION OF TONALEA CHAPTER WESTERN NAVAJO AGENCY Resolution No: TNII-03-006

SUPPQRTING THE USE OF PEABODY LEASE AND RECLAIMED LANDS FOR THE PURPOPSE OF ESTABLISHING. OBTAINING FUNDS AND DEVELOPMENT OF BLACK MESA SOLAR PORJECT AND DIVERTING DIRECT REVENUES INTO THE COMMUNITIES IMPACTED BY THE MINING.

WHEREAS:

1. Pursuant to 26 N.N.C., Section Chapter Certification and 11 N.N.C., Part 1, Section 10. the Tonalea Chapter is a duly recognized and certified Chapter of the Navajo Nation Government; and

2. Pursuant to 26 N.N.C., Chapter 1: Navajo Nation Chapters, Section 1., (B) Purpose: (1) & (2), the Navajo Nation Council delegated to Chapter governmental authority with respect to local matters consistent with Navajo Law, including custom and tradition and allows chapter to make decision to govern with responsibility to community membership; and

3. The Navajo Nation must continue to pursue Renewable Energy Generation as a source of Economic Development as an alternate to exhausted natural resources; and

4. The Navajo Nation must continue to pursue Renewable Fonus of Energy Generation to maintain consistency with the Dine way of life; stewards of the land and resources; and

5. The Navajo Nation must continue to seek sustainable and renewable forms of economic development as a means to transition from a non-renewable energy economy to a renewable energy economy; and

6. The Navajo Nation must seek sustainable and renewable fonus of economic development projects, in order to fu1f1l1 the Green Jobs Legislation requirements; and

7. The proposal for a Solar Project on reclaimed leased lands IS supported by preliminary studies, as shown in exhibit B; and

8. The potential for solar energy exists on Black Mesa Mine reclaimed lease lands; and

NOW THEREFORE, BE IT RESOLVED:

1. The Tonalea Chapter Supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain the long tenn viability and sustainability of the Navajo People and Navajo Nation.

2. The Tonalea Chapter Supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Solar Project that would generate revenues for the Navajo Nation.

CERTIFICATION

WE HEREBY CERTIFY THAT THE FOREGONG RESOLUTION WAS CONSIDERED BY THE COMMUNITY OF TONALEA AT A DULY CALLED CHAPTER MEETING IN TONALEA, (NAVAJO NATION) ARIZONA, AT WHICH A QUORUM WAS PRESENT AND THAT THE SAME WAS PASSED BY A VOTE OF ~ IN FAVOR, ~OPPOSED, AND 00 ABSTAINED ON THIS 20th DAY OF MARCH 2011.

Motion By: John Trujillo Seconded: Joe Ellis

Chester Claw, President

RESOLUTION OF THE HARDROCK CHAPTER

RESO. NO. HR-04/11-09


1. Support for identifying the solar potential of reclaimed lands. 2. Support for pursuing the development of energy generation on reclaimed lands. 3. Support for pursing funding sources for the said proposed project. 4. Support for local communities by diverting direct revenues into communities

impacted by the mining.


\\'hereas, an alternative to Coal Mining operation and impacts is supported by Chapters, and communities;

Whereas, the proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies, as shown in exhibit B;

Whereas, the Navajo Nation must continue to pursue Renewable Energy Generation as a source of Economic Development as an alternate to exhausted natural resources;

Whereas, the Navajo Nation must continue to pursue Renewable Forms of Energy Generation to maintain consistency with the Dine way of life; stewards of the land and resources.

Whereas, the Navajo Nation must seek sustainable and renewable forms of economic development projects, in order to fulfill the Green Jobs Legislation requirements;

Whereas, the Navajo Nation must seek sustainable and renewable forms of economic development as a means to transition from a non-renewable energy economy to a renewable energy economy;

Therefore, be it resolved; 1. The Hardrock Chapter Supports the use of Peabody Leased lands, in particular Reclaimed

lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain the long-term viability and sustainabi1ity of the Navajo People and Navajo Nation.

RESO. NO. HR-04/11-09 Page 1

2. The Hardrock Chapter Supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Solar Project, which would generate revenues for the 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 of25 in favor Q opposed and 1 abstained on this 26th day of April, 2011.

CiJ~/tLiij}~ Angela Witherspoo6/Vice-President Dwight Wi~erspoon, Council Delegate

RESO. NO. HR-04/11-09 Page 2

FOREST LAKE CHAPTER Dwight Witherspoon, Council Delegate

Donald T. Chee, President Alfred Charley, Jr., Vice-President Helena Begay, Secretary Treasurer

Irene Begay, Grazing Representative Ella M. BenaIly, Community Service Coordinator

REX L. JIMBENNY SHELLY VICE-PRESIDENTPRESIDENT

Proposed Resolution of the Forest Lake Chapter

FLC-ll-02-011

Relating to Resources: Approving, and Authorizing the Use of Peabody Lease and Reclaimed Lands

for the Purpose of Establishing a Solar Project.



3. Support for pursing funding sources for the said proposed project.

4. Support for local communities by diverting direct revenues into communities impacted by the

mining.

Whereas, the potential for solar energy exists, on reclaimed lease lands; and

Whereas, an alternative to Coal Mining operation and impacts is supported by Chapters, and

communities; and

Whereas, the proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies,

as shown in exhibit B; and

Whereas, the Navajo Nation must continue to pursue Renewable Energy Generation as a source of

Economic Development as an alternate to exhausted natural resources; and

Whereas, the Navajo Nation must seek sustainable and Renewable Forms of Energy Generation to

maintain consistency with the Dine way of life; stewards of the land and resources; and

Whereas, the Nation must seek sustainable and renewable forms of economic development projects, in

order to fulfill the Green Jobs Legislation requirements;

Whereas, the Navajo Nation must seek sustainable and renewable forms of economic development as a

means to transitions from a non-renewable energy economy to a renewable energy economy; and

Resolution #FLC-ll-02-011


1. The Forest Lake Chapter Supports the use of Peabody Leased lands, in particular Reclaimed

lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain

the long term viability and sustainability of the Navajo people and 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 the

same was passed by a vote 22 in favor, 00 opposed, and 09 abstained this 17th day of February 2011.

Motion by: Wayne Bitsui

1 Max D. Goldtooth, Sr. 2

President

3 Robert Vanie 4Vice-President

5 Charlene A. Nez 6

secretary/Treasurer 7 8

Helen M. Herbert 9 Council Member

10 Jimmy Holgate 11

Council Member 12 13

ADMINISTRATIVE STAFF 14

Priscilla Uttlefoot 15 Executive Manager 16

Noreen Parrish 17 Executive Assistant 18

Vanessa Lee 19 Administrative Assistant20

21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38

Council of Naat'aanii and Executive Manager Local Government ! for To'Nanees'Dizi Community r

TO'NANEES'DIZI LOCAL GOVERNMENT I P.O. Box 727, Tuba City, Arizona 86045 I

Telephone: 928-283-3284 Fax: 928-283-3288 I

It

http://www.tubacity.nndes.org Email: [email protected]

,LEGISLATION # TND-OS-0390-2011

TO'NANEES'DIZI LOCAL GOVERNMENT

ORDINANCE OF THE COUNCIL OF NAATAANII AND EXECUTIVE MANAGER FORM

OF GOVERNMENT FOR TO'NANEES'DIZI COMMUNITY

LEGISLATION Of THE COUNCIL OF NAAT'AANII OF THE TO'NANEES'DIZI LOCAL GOVERNMENT SUPPORTING THE USE OF PEABODY LEASE AND RECLAIMED LANDS

FOR THE PURPOSE OF ESTABLISHING THE BLACK MESA SOLAR PROJECT. Sponsor: Robert Yazzie. Council of Naat'aanii Vice-President

LONG TITLE

General Description:

This proposed legislation is to support the use of Peabody Lease and Reclaimed Lands for the

purpose of establishing the Black Mesa Solar Project.

Highlighted Provisions:

A. Support for identifying the solar potential of reclaimed lands.

B. Support for pursuing the development of energy generation on reclaimed lands.

C. Support for pursing funding sources for the said proposed project.

D. Support for local communities by diverting direct revenues into communities impacted

by the mining.

E. The potential for solar energy exists, on Black Mesa Mine reclaimed lease lands;

F. An alternative to Coal Mining operation and impacts is supported by Chapters, and

communities;

G. The proposal for a Solar Project on reclaimed leased lands is supported by preliminary

studies, as shown in exhibit B;

H. The Navajo Nation must continue to pursue Renewable Energy Generation as a source

of Economic Development as an alternate to exhausted natural resources;

I. The Navajo Nation must continue to pursue Renewable Forms of Energy Generation to

maintain consistency with the Dine way of life; stewards of the land and resources.

J. The Navajo Nation must seek sustainable and renewable forms of economic

development projects, in order to fulfill the Green Jobs Legislation requirements;

K. The Navajo Nation must seek sustainable and renewable forms of economic

development as a means to transition from a non-renewable energy economy to a

renewable energy economy;

Spedal Clauses:

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

information and public input by To Nizhoni Ani.

Be it resolved by the Council ofNaat'aanii ofthe To'Nanees'Dizi Local Govemment

concurring therein:

COUNCIL OF NAArAANII

39 Max D. Goidtooth, Sr. 40

President 41

Robert Yazzie 42Vice-President

43 Charlene A. Nez 44

5ecretary/Treasurer 45

Helen M. Herbert 46 Coonel Member

47 Jimmy Holgate 48

Coundl Member 49

50 ADMINISTRATIVE STAFf51

Priscilla Littlefoot 52 Executive Manager 53

Noreen Parrish 54 Executive Assistant 55

Vanessa Lee 56 Administrative Assistant 57

58 59 60

61

Council of Naat'aimii and Executive Manager Local Government

for To'Nanees'Dizi Community

TO'NANEES'DIZI LOCAL GOVERNMENT P.O. Box 727, Tuba City, Arizona 86045

Telephone: 928-283-3284 Fax: 928-283-3288

http://www.tubacity.nndes.org Email: [email protected]

WHEREAS, the To'Nanees'Dizi Chapter is Local Governance Act certified Chapter pursuant to

TCDC # TCDCD-18-04.

WHEREAS, the To'Nanees'Dizi Chapter has adopted the Council of Naat'aanii 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 Ejection

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

WHEREAS, the Council of Naat'aanii Officers on behalf of the To'Nanees'Dizi Local

Government supports the use of Peabody Lease and Reclaimed Lands for the purpose of

establishing the Black Mesa Solar Project.

NOW, THEREFORE, BE IT RESOLVED that the Council of Naat'aanii of the To'Nanees'Dizi

Local Government concurs support the use of Peabody Lease and Reclaimed lands for the

purpose of establishing the Black Mesa Solar Project to maintain the long term viability and

sustainability of the Navajo People and 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'aanii 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 Y and VOTE: ~.

To'Nanees'Dizi Local Government

Motion: ;Pzq,q= ~ /.I;;ft 65>. 5econd: (]1ut1:iA~

BODAWAY/GAP CHAPTER Billy _tri:'lJIra, .lr., Pn.;~'Jdf"iI!

Local Governance Certified :Wurit~ L UiDiom!i, ri<.'~""PTf:'su..Jerll

P.O. Box 1546 The Gap, AZ 86020

Phone: (928) 283-3493 Fax: (928) 283-3496 Email: [email protected] JnllutJKl1I HusJ..-ie, Gm:irrg.\I<"'16eJ"

Duane S. l~i"igi.ne, COfif!O} Di'kg(/(~~

THE NAVAJO NATION

RESOLUTION OF THE BODAWAYIGAP CHAPTER Nastsos Bee Adah Niihodii;tah

RESOLUTION NO. BA-03- 054 -11

RELATING TO RESOURCES: APPROVING, AND AUTHORIZING THE USE OF PEABODY LEASE AND RECLAIMED LANDS FOR THE PURPOSE OF ESTABLISHING A SOLAR PROJECT. 1) SUPPORT FOR IDENTIFYING THE SOLAR POTENTIAL OF RECLAIMED LANDS. 2) SUPPORT FOR PURSUING THE DEVELOPMENT OF ENERGY OF ENERGY GENERATION ON RECLAIMED LANDS. 3) SUPPORTS FOR PURSING FUNDING SOURCES FOR THE SAID PROPOSED PROJECT. 4) SUPPORT FOR LOCAL COMMUNITIES BY DIVERTING DIRECT REVENUES INTO COMMUNITIES IMPACTED BY THE MINING.

WHEREAS:

1. The potential for solar energy exists, on Black Mesa Mine reclaimed lease lands; and

2. An alternative to Coal Mining operation and impacts is supported by Chapters, and communities; and

3. The proposal for a Solar Project on reclaimed leased lands IS supported by preliminary studies, as shown in Exhibit "B"; and

4. The Navajo Nation must continue to pursue Renewable Energy Generation as a source ofEconomic Development as an alternate to exhausted natural resources;

5. The Navajo Nation must continue to pursue Renewable Forms of Energy Generation to maintain consistency with the Dine way oflife; stewards of the land and resources.

6. The Navajo Nation must seek sustainable and renewable forms of economic development projects, in order to fulfill the Green Jobs Legislation requirements; and

7. The Navajo Nation must seek sustainable and renewable forms of economic development as a means to transition from a non-renewable energy economy to a renewable energy economy;

Resolution on Approving/Authorizing Use ofPeabody Lease and Reclaimed Lands for Solar Projects.

Page Two

NOW THEREFORE BE IT RESOLVED THAT:

1. The Bodaway/Gap Chapter hereby supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain the long term viability and sustainability of the Navajo People and Navajo Nation.

2. The Bodaway/Gap Chapter supports the use of Peabody Leased lands, in particular Reclaimed Lands, for the purpose of establishing a Solar Project, that would generate revenues for the Navajo Nation.

. *****************CERTIFICATION*****************

WE HEREBY CERTlFY THAT THE FOREGOING RESOLUTION WAS CONSIDERED BY THE BODAWAY/GAP CHAPTER AT A DULY CALLED REGULAR CHAPTER MEETING AT THE GAP (NAVAlO NATION), ARIZONA; AT WHICH A QUORUM WAS PRESENT AND THAT SAME WAS PASSED BY A VQTE OF :(5' IN FAVOR, (J,() OPPOSED, AND t)..!3 ABSTAINED;ONTHIS~DAYOF 7rl~ 2011.

MOTIONEDBy:J~~

. ,.

D ANE TSINIGINE Council De egate

Alex Bitsinnie Prcsidem

Jean Dejolie VIce-President

Ella Jean Badoni S"CrelQryITreas"rer

~ ..'-__'- oJ.....,..••taK

Grc:=iI:g Reprc:selluui.e

Jona tho NezRESOLUTION OF THE LuurrClt uetegore

".n.. rt..dV LUVl;J'l.rt.ll'lj LnA.r 1.t..J:<.

THE NAVAJO NATION 1"41"IU,jJU~4-LUl!

RECOMMENDATION TO APPROVE THE REQUEST THE USE OF PEABODY

1. Pursuant to 26 N.N.C., Section 3 (A), Navajo Mountain Chapter is a duly recognized certified ~ , ...........__ -.. ~ a J." oJ.' .. '-., pa.L L J, ~Col,lJVIJ 1 V; ana

2. Pur~uant to 26 KN.C., Section 1 (B), ~avajo Y10untain Chapter is vt:sted with the authority to review all matters affecting the community, make appropriate corrections when necessary, and Fovide recomrrk:ooations to the Navajo Nation and other local agencies for appropriate action; and

3. Navajo Mountain Chapter supports identifying the solar potential of reclaimed lands for oursuina 1M" .I. _ t ~.

~~~r~".""-'" ............... '-I ... b.! c.....J.J.wJ.QUVJ. VB WC~ HUILeS; anu

4. Navajo Mountain Chapter agrees with the potential solar energy exists on the reclaime.d lease Ja..'1ds. '""''--" _-1~ ----~:- = ~.:. .er:;_-.: :.::....~.e Vt""''''U.L~VJ...l wJ.~ LU~ UJIJJd'-'l~ (;aLCS~U; ana

5. rne Nation must continue to pursue Renewable Energy Generation as a source of Economic Development as an alternative to exhausted natu~' resm..l1"C~C;; !tM fA ..... "';,..t,,;"'''''~~;~.#-~:- .,c:'\' .'--

LllIl\; ""'(1)' U1 au:; ana

6. ~avajo Mountain Chapter community agrees that the Nation must seek sustainable and renewable £.'1m.~ {"jf ~i\nnmi(" ~p,:~I"nn-~p~~t ~~:a,.-~. ~- __ L ... ~ ~ ~ ~-. ~~:~ -::::..: :: .. __..... : _:., .... :...~f)~.:J:~ V\J lcqU,1.1~Ult:nl::i."... __

J, The !\avajo Mountain Chapter hereby supports the use of Peabody Leases Lands, in particular Reclaimed lands. for the pwpose of estabHshi.!lg a Solar Proiect. thR! wl'nl,-'! C'-..~,.",b ~=,.=~,,~- ~..

UIC ! ... l:I.\ldJU L'\jaLlon.

We hereby certify that the foregoing resolution was duly considered by Kavajo Mountain Chapter a"t a duly called meeting in Navajo Mountain, Utah at which a QUOnL."11 was present a.."ld the same was passed by a vote of...1L in favor ....QL opposed and ---ill....- abstained on this ~ day of MARCH 2011 .

~lotion: Clarita Stevens Second: Fred Bedoni --...::..:.;=-:==~~-_....:

~ d~(. d:.&.LJ/!Pk ' Al~x BitsT;;"ie, President Jean Dejolie, Vice President

_~~/(U~ ~{t;1~ Ella lea.D Bad~etarY/Treasurer Go,.."!: ~ t'n .,..v f4! pro( 5 ~"1. fa. tIl/ e

LEUPP CHAPTER C.P.O. Box 5428 0 Leupp, Arizona 86035 (928) 686-32270 FAX: (928) 686-3232 0

RESOLUTION OF THE LEUPP CHAPTER Western Navajo Agency

Resolution No: LP04-039-2011

APPROVING AND SUPPORTING THE USE OF PEABODY LEASE AND RECLAIMED LANDS FOR THE PURPOSE OF ESTABLISHING THE BLACK MESA SOLAR PROJECT INCLUDING THE FOLLOWING: (1) IDENTIFYING THE SOLAR POTENTIAL OF RECLAIMED LANDS, (2) PURSUING THE DEVELOPMENT OF ENERGY GENERATION ON RECLAIMED LANDS, (3)

PURSING FUNDING SOURCES FOR THE SAID PROPOSED PROJECT, (4) LOCAL COMMUNITIES IMPACTED BY THE MINING

WHEREAS:

1. 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

2. The potential for solar energy exists, on Black Mesa Mine reclaimed lease lands; and

3. An alternative to Coal Mining operation and impacts is supported by Chapters and communities; and

4. The proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies as shows in exhibit B; and

5. The Navajo Nation must continue to pursue Renewable Energy Generation as a source of Economic Development as an alternate to exhausted natural resource; and

6. The Navajo Nation must continue to pursue Renewable Fonns of Energy Generation to maintain consistency with the Dine way of life; stewards of the land and resources; and

7. The Navajo Nation must seek sustainable and renewable fonns of economic development as a means to transition from a non-renewable energy economy to a renewable energy economy; and

1l,ol1las Cody, Presidelll Clara Tsosie. CSC L')ITrllIIC J()l1<'~-:\"()li..i\c. \'icl' pres;dcnt :\r1ene ./ellst'II, ( lllicc Specialist Rosila AlllI Kelly, SecrclanI['reasurer \\'"ller Phdrs. COllllcil DcJcl\are Johm,,' K. Thompson. Gl<lzillJ: ()lIiciaJ

LEUPP CHAPTER c.p.a. Box 5428 0 Leupp, Arizona 86035 (928) 686-32270 FAX: (928) 686-3232 0

Resolution ,Vo LPO-l·039-]()/ /

NOW THEREFORE IT BE RESOLVED THAT:

1. The Leupp Chapter Supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain the long term viability and sustainability of the Navajo People and Navajo Nation.

2. The Leupp Chapter Supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Solar Project, that would generate revenues for the 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

J.1 in fa~'or, 0 opposed, t:.f abstentions, on this 22nd day of April, 2011

1\fotion: --jt>H~~!----!-~:=-:.=....:~---- Second: j-4'./P~~~~~.L-------

/ Treasurer W~UnCil ;;-elegate

TIK>mas Codv, President Clar.. Ts"sie, esc l.orrrtineJoilLs·'C)luIL', Vice Presidcnt ,\rlellc JellSen, (llIice Specialist Rosita AIm 1\.eUv, Secrclarv,'Tre"slIrer "'alter Phelps, Coullcil Delelf..te Johnnv 1\.. Thompson, Cr;lZillli (min'll

BGCHII-04-011 RESOLUTION OF THE BLUE GAPffACHEE CHAPTER


1. Support for identifying the solar potential of reclaimed lands. 2. Support for pursuing the development of energy generation on reclaimed lands. 3. Support for pursing funding sources for the said proposed project. 4. Support for local communities by diverting direct revenues into communities impacted by

the mining.

WHEREAS:

1. The potential for solar energy exists, on Black Mesa Mine reclaimed lease lands;

2. An alternative to Coal Mining operation and impacts is supported by Chapters, and communities;

3. The proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies, as shown in exhibit B;

4. The Navajo Nation must continue to pursue Renewable Energy Generation as a source of Economic Development as an alternate to exhausted natural resources;

5. The Navajo Nation must continue to pursue Renewable Forms of Energy Generation to maintain consistency with the Dine way of life; stewards of the land and resources.

6. The Navajo Nation must seek sustainable and renewable forms of economic development projects, in order to fulfill the Green Jobs Legislation requirements;

7. The Navajo Nation must seek sustainable and renewable forms of economic development as a means to transition from a non-renewable energy economy to a renewable energy economy;

NOW THEREFORE BE IT RESOLVED THAT:

1. The Blue Gapffachee Chapter supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain the long term viability and sustainability of the Navajo People and Navajo Nation.

2. The Blue Gapffachee Chapter supports the use of Peabody Leased lands, in particular Reclaimed lands, for the purpose of establishing a Solar Project that would generate revenues for the Navajo Nation.

Aaron P. Yazzie, President Joe J. Jim, Vice President Betty V. Askie, Sec./Treasurer Benjamin Manycows, Grazing Representative

BGCHII-04-011

CERTIFICATION

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 of.J.Lfavor, ~ oppose, ~ abstain this sth

day of April, 2011.

Motion by: ,lJuL't] 1\''- z.. Seconded By: 8Lu1 D?l-~tti..£S

Aaron p~erPresident Joe J. Jim, Chapter Vice-President

/~ ., .1 _1" . ' .1)1 Jir<~,-=-L----::.(" _ 'Betty V.~skie, SecretarylTreasurer Benjamin Manycows, Grazing Rep.

elegate

RESOLUTION OF THE CHINLE AGENCY COUNCIL


1. Support for identifying the solar potential of reclaimed lands. 2. Support for pursuing the development of energy generation on reclaimed lands.

3. Support for pursing funding sources for the said proposed project. 4. Support for local communities by diverting direct revenues into communities

impacted by the mining.

WHEREAS: 1. The Chinle 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

2. Pursuant to Title 26 NNC, Section B-1 & 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 co~sistent with Navajo laws incluGing custom and tradition and to make decisions over local matter; And

3. The potential for solar energy exists, on Black Mesa Mine reclaimed lease lands; And

4. An alternative to Coal Mining operatio~ and impacts is supported by Chapters, and communities; And

5. The proposal for a Solar Project on reclaimed leased lands is supported by preliminary studies, as shown in exhibit B; And

6. The Navajo Nation must continue to pursue Renewable Energy Generation as a source of Economic Development as an alternate to exhausted natural resources; And

7. The Navajo Nation must continue to pursue Renewable Forms of Energy Generation to maintain consistency with the Dine way of life; stev,rards of the land and resources; And

8. The Navajo Nation must seek sustainable and renewable forms of economic development projects, in order to fulfill the Green Jobs Legislation requirements; And

9. The Navajo Nation must seek sustainable and renewable forms of economic development as a means to transition from a non-renewable energy economy to a renewable energy economy.

RESOLUTION OF THE CHINLE AGENCY COUNCIL


1. Support for identif~'ing the solar potential of reclaimed lands. 2. Support for pursuing tbe development of energy generation on reclaimed lands. 3. Support for pursing funding sources for the said proposed project.

4. Support for local communities by diverting direct revenues into communities impacted by the mining.

NOW THEREFORE IT RESOLVED THAT: 1. The Chinle Agency Council supports the use of Peabody Leased lands, in particular

Reclaimed lands, for the purpose of establishing a Black Mesa Solar Project, a project that would maintain the long term viability and sustainability of the Navajo People and Navajo Nation.

2. The Chir,le Agency Council supports the use of Peabody Leased lands, in particular Reclaimed lanes, for the purpose of establishing a Solar Project, that would generate revenues for the Navajo Nation.

CERTIFICATION

I he:eby certify the fo:-egoing resolution was duly considered by the Chinle Agency Council membership at which a quorum was present and same was passed by a vote of 43 in favor, 00 cpposed and 00 abstained, this 8th day of Januarv. 2011 at the Many Farms Chapter House, Navajo Nation, ARIZONA.

MOTION BY: Bessie Allen SECOND BY: Charlotte Begaye

Frarrison Kee, President Chinle Agency Council

EXHIBIT

8Investigation of the

Solar Power Potential of Reclaimed Areas at the Black Mesa Coal Mine, Arizona, U.S.

A Report to Black Mesa Water Coalition and To Nizhoni Ani

April 6, 2010

By Paul Robinson

Southwest Research and Information Center PO Box 4524

Albuquerque, NM 87196 www.sric.org

Phone 505-262-1862 Email [email protected]

Prepared under contract to: Western Resource Advocates

www.westernresourceadvocates.org

1

Why has this Report been prepared?

This Report has been prepared to support Black Mesa Water Coalition and To Nizhoni Ani community education programs exploring the potential use of Black Mesa Coal Mine Reclaimed Land as solar power generation sites to provide a transition to sustainable, "green jobs-based" community development for mine area residents affected by job losses due to current and proposed mine closure. Black Mesa Water Coalition - www.blackmesawatercoalition.org - and To Nizhoni Ani are non-profit organizations established to protect natural resources and provide for just socio-economic transition from coal mining to sustainable development in the Black Mesa Lease Area.

The focus of this investiiation is the Reclaimed Lands within the Black Mesa lease site in recognition of the interest of Navajo residents of the Black Mesa Area:

To retain ownership of customary use lands; and - To provide a transition to a sustainable community economic base as substantial as that provided

during coal mine operations on those lands.

For more information about Black Mesa, the solar potential of Black Mesa and the efforts towards ajust transition from coal-based employment to sustainable development contact Black Mesa Coalition, Ton Nizhoni Ani, or the author.

What does the Report include?

The Report summarizes the solar power development potential of reclaimed land within the Black Mesa coal mine in Northeastern Arizona in the Southwestern United States. See Figure I .

.....CII -.sA A.a 1 .....CIlTA-.cs ~L&ASe-..-"

~'~ -;['" .e:::,"" I

-----------~----------------r---------------------'.'- ."'...;f..... .' Q ~=" -: • ;;.\-'..;-' ~--

~f:J' -:=•

i, ,

·0, e M

e..

--...!.I •e<lOO.. I ,S) •

I ~-~,

...f-e-.f)~ -~,

-• 8 I

..• ,-,

Figure I - Location of the Black Mesa Lease Area in Northeastern Arizona Source: http://empowerblackmesa.org/docs/JJClacs/BMESA Maps %20FINAL.pdf

The Report shows that the Reclaimed Areas of the Black Mesa Lease have many characteristics that are favorable for solar power development, and provides the basis for identification of specific parcels among

2

i r ! ,li ! \

!

the 12,805 acres of reclaimed land for site-specific assessments to investigate solar power facility feasibility.

Characteristics favorable to solar power development on Reclaimed Land at the Black Mesa include: Receives as much solar radiation as existing major solar power projects in the Southwestern U.S.; Ability to manage in large parcels of 100 acres or more; Can connect to the Southwest regional electrical transmission grid through existing power lines (a 230 kV power line), and on existing rights-of way; Includes an existing transportation network of roads on identified rights-of way, and other infrastructure; Will not require extensive Archaeological and Cultural Resource Clearances as land disturbed during mining has already been subject to resource clearances and resource removal; and Include water supply wells that are capable of provided the relatively small amounts of water needed by solar power facilities, compared to coal slurry activities or coal-fired power plant operations.

The report demonstrates that the Black Mesa area receives solar energy that is as strong, or stronger, than the solar energy reaching sites of existing and proposed solar power facilities in the southwest, based on National Renewable Energy Laboratory (NREL) data. See Figure 2.

The Report identifies specific attributes of the Black Mesa area that apply for solar facility site selection, providing a foundation to conduct detailed assessments of sites within the reclaimed areas on the Black Mesa lease for specific solar power projects.

The reclaimed lands have been the site of both the extraction and reclamation phases of coal mining. Characterization of the legal and regulatory status for the reclamation efforts at each individual mine areas is beyond the scope of this report. Reclamation requirements for mine operations are established and enforced through a regulatory system current being implemented by the federal Office of Surface Mining and Reclamation Enforcement (OSMRE) of the Department of the Interior (DOl) through permits in place at the mine sites. Annual Reclamation Status Reports submitted to OSMRE by the leaseholder and mine operator - Peabody Western Coal Company - identify the specific reclamation status of leased lands disturbed by mine operations. Annual Reclamation Reports, Black Mesa Mine Environmental impact Statements and coal mine permits and applications can be accessed through the OSMRE web site at www.wrcc.osmre.gov.

The Solar Power Potential for the Reclaimed Lands at Black Mesa

The solar resources reaching the earth at the Black Mesa lease site are comparable to the solar resources at existing solar power sites (Nevada Solar One south of the Las Vegas which began producing electrical power in 2007), and at recently proposed solar power sites (the GA-Solar power facility near Santa Rosa, New Mexico announced in January 20 I0). Those sites are selected as reasonable comparisons for solar energy potential with the Black Mesa sites as real world examples of:

- Successful utility-scale solar power plant built and operating solar power facility in the case of Nevada Solar One, and

- Recently announced utility-scale solar power facility proposal in the Southwest U.S. in the case of the GA Solar-Santa Rosa project.

Estimates of the solar radiation reaching the Black Mesa area and comparison sites in Nevada and New Mexico, are based on "Concentrating Solar Power (CSP) Prospect" data and maps available through the National Renewable Energy Laboratories (NREL) - www.nrel.org. See Figure 2.

The NREL maps, specifically the Arizona map shown in Figure 2, provide estimates of solar radiation and identify "solar power prospects" through facility siting criteria that exclude:

"Potentially sensitive environmental lands, major urban areas, areas with slope >3% and remaining areas less than I sq. km. [250 acres] ... to identify areas with the greatest potential for development."

3

The portions of the Black Mesa lease area meeting the NREL solar power prospect criteria are shown among the color-highlighted "concentrating solar power prospects" areas identified in Figure 2.

How much solar energy falls on the Black Mesa Mine land?

-- BLACK MESA MINE AREA So_Raounw -7.0-7.5 kwIIIm2/day (Like: Lu Vepa, NY - 7.0-7.s kwhIm2/c1ay IIIld Santa Rosa. NM - 6.S-7.0 kwbfm1/dIry)

DIrect Normal Solar RacliatioD 7.0 - 7.25 kwlllr/day

(Like: Las Vegas, NY -7.25-7.5 kwhIm2/day aDd Santa 1loIa, NM - 6.75-7.0 twbIm2/clay)

(kwk ....... Iou • 1,llOO__.......,._<1110._ _ __

~,llOO~por -( _ _ _ ~- ........... tIIt"'I IWlt 1/I.... _~

The "Conceatrating Solar Power Prospcc1s for ArizoDa" map identifies

"solar power prospects" by eliminating: "poteotially sensitive environmental lands. major urban areas, areas with

--._~-,... slope >3% and remaining areas less tban 1 sq.km. were excluded to identify areas

with the greatest potential for ": '''' ..... , .. ~~~_,ri- ,_-1-.......... _ .... _

,;;"'lo\<·.·'I.· ...l"··A'< ".«.,,j_'.' . development" _ . i .;..-.,/, 'w .,.- .*,- :11' • .... -.~ •• :". " , ". Source: NatiOIIlI1Itimew1b1e EDqy I.IboadorieI

'!!'Wl!I':1Il'O!..1PY

Figure 2 - Location of Black Mesa area on Arizona Concentrating Solar Power Prospect Map and comparison of Black Mesa solar resources with solar resource existing and proposed solar power sites. Source: www.nrel.gov

As presented in Figure 2, a comparison ofNREL CSP maps with solar radiation shows that the solar energy reaching the Black Mesa area is very similar to, and as high or higher than solar radiation, the solar radiation reaching the Nevada Solar One and GA-Santa Rosa sites.

Solar Resources: Black Mesa Mine Area - 7.0 - 7.5 kwh/m2/day Las Vegas, NV - 7.0 - 7.5 kwh/m2/day Santa Rosa, NM - 6.5 - 7.0 kwh/m2/day

Direct Normal Solar Radiation: Black Mesa Mine Area - 7.0 - 7.25 kwh/m2/day Las Vegas, NV - 7.25 - 7.5 kwh/m2/day Santa Rosa, NM - 6.75 - 7.0 kwh/m2/day

The acreage required for the solar energy potential capacity at Black Mesa is based on ratio of acres of land to megawatts of electrical capacity as currently used at operating and proposed electrical generating capacity for Southwest U.S. sites with similar solar radiation characteristics: the Nevada Solar One and the GA-Solar Santa Rosa, NM sites. See Figure 3 and 4. For those sites:

4

- Nevada Solar One solar thermal power plant south of Las Vegas, NV - a 400-acre facility designed to generate 64 MW - a ratio of 6.25 Acres/MW and

GA-Solar Santa Rosa solar energy project announced January 20 I0 as projected 2,500 acres generating 300 MW - a ratio of 8.33 AcreslMW.

r.J.lImplc uf II n~cclIll~

opcnrd ~ollif rhrrmal l'oUl'r IIhml

(lncatilM' ha. similar .."lar rt"\,nu rTt"'!i iii'"

Black "~a \tioe Areal

Complell'Ci in JUlie 2007 C'lIocl'ntNltinl( SlIlar' - SlIlar Thermal

C'lIl1slrucliull .rllhs - 400 (11\ l(,) Opl'ralional .Ioh~ - .'0

IIn'('stlllen! - 5-262 Million (l'fl"llltll $4.1 O/Wlltt)

hIllY' w\\ wpowcr· tcc!mo!"gy ,'orn:pT'!jo,·,'t.' '''.l!(,ronc;.olar

Figure 3 - Nevada Solar One - I1lustrations and general information

Elllmplc "r II necDII~'

opford photll\'oltak Milar JlII\\cr pllllli in SJlllin

muilt b~ COn1pan) with plaos lor lafJ:c ~olar Ilower planl al

1""al"lII 1\ 11 h sim liar wla' n·'Olln'..~ a. I:lI11Ck \Ie'a \lille

,'\rral

Fle-neludex, Almcria. Spain - (iA-Sol.1r 10,6 MW I'h.>I(\\ ohal( P,)wel'l'h1m Sular 1:1e,'we

('on"mclion Sept 2llt)7· .Iunc 2f1(J~

\\W\\, g..1·'(1!Jr,t'f\111

(j·\·S,,!ar .1I1no\Jnccd a SI Billion, 2.5IMhKr,-. ~;(J()

t\,{W "Ullll' IX' v. er plallt lix it sill' ,uu1h "rSllnla Rusa. N,'\\' \h.'XI"" on January D. :'010, IS3 .n wall)

h1!Jt_Jlf~llll'Xi'O!!llkp..:nden1,COJll:'4:'> ,'62 ,,,anw-r,,sc,· !!~~~-l'ni IIi"n-,,;dl\r~p"'JC\ I

Figure 4 - Hlustrations of GA-Solar facility in Spain and information on GA-Solar project announced in New Mexico

5

The Location and Extent of Reclaimed Areas on the Black Mesa Lease Lands

The reclaimed lands at the Black Mesa mine total 12,805 acres out of a total of 65,000 acres in three connected lease areas within the Navajo Nation and the Hopi Tribe Reservation. Within the 12,850 acres of reclaimed land, 2,520 acres are in parcels in reclamation for at least twenty years, since 1990. See Figure 5.

I 1'1"_1 ~_ .. ' ~ ... 'I'i .".< ~,.f ;_.

Figure 5 - Location and state of mining activity of mine areas in the Black Mesa lease area. Areas identified as "completed project mining" are considered "reclaimed areas' in this report. Source: www.wrcc.osmre.gov - 2006 Draft Black Mesa ElS

Within the 12,805 acres of reclaimed land, 6,075 acres are located within the Navajo Nation north of the boundary of the former Joint Use Area. Of that 6,075 acres, 1,940 acres were in reclamation prior to 1990.

The location and status of reclaimed lands at the Black Mesa Mine Lease are based primarily on the 2008 and 1990 Environmental Impact Statements on the Black Mesa Mines available at from the Office of Surface Mining and Reclamation Enforcement at http://www.wrcc.osmre.gov/WR/BlackMesaEIS.htm.

The estimate of solar power potential of total area of Black Mesa Coal Mine Reclaimed Lands is derived by determining the land (acres) required for solar energy generation capacity (in megawatts) of these existing and proposed utility scale solar energy projects in the Southwest with similar solar radiation characteristics (6-8 acres/per megawatt) and applying it to the acreage of reclaimed land in the Black Mesa Leases. Table 1 is based on this ratio.

Within the lease area, the reclaimed lands at the mine are divided among 26 "mine areas" which range in size from 500 - 3,000 acres. Mine areas in reclamation have under gone mining and reclamation activities at different times during the more than 40 years of coal mining on the Black Mesa leases.

Reclamation of mine areas include backfill, grading, and revegetation that are under review for compliance with the complex reclamation requirements of the Black Mesa lease mines being implemented by the Federal Office of Surface Mining and Reclamation Enforcement (OSMRE). Location of the mine units within the Black Mesa lease highlighting mine areas in reclamation is shown in Figure 5.

6

fi I f,Il,

IIg

Table 1 The Solar Power Potential of the Reclaimed Areas of the Black Mesa Lease

(Based on estimate of 6 - 8 acres per megawatt generating capacity)

Total Mined and Reclaimed Area in 2008 of 12,805 Acres provides Solar Power Potential of 1,600 - 2,135 Megawatts

Total Mined and Reclaimed Area in 2008 north of former Joint Use Area of 6,075 Acres provides Solar Power Potential of 760 - 1,012 Megawatts

~

Total Mined and Reclaimed Land ("Mined Out") in 1990 of 2,520 Acres provides Solar Power Potential of 315 - 420 Megawatts ,.

Total Mined and Reclaimed Land ("Mined Out") north of former JUA in 1990 of 1,940 Acres provides Solar Power Potential of 240 - 320 Megawatts

Total Acreage to be Mined and Reclaimed of 38,020 Acres (2008 EIS) provides •iSolar Power Potential of 4,750 - 6,335 Megawatts

(for comparison, the Mohave Power Plant had a 1,640 Megawatt generating capacity) Source: 2008 and 1990 Black Mesa Mine Environmental Impact Statements

\vww.wrcc.osmre.gov/WR/BlackMesaEIS.htm or through www.wrcc.osmre.goY

Table 2 Solar Power Potential of Reclaimed Lands in the Black Mesa Coal Mine

in Navajo Community Land Planning Sectors (Based on estimate of 6 - 8 acres per megawatt generating capacity)

Figure 6A - Yellow Water Sector - All reclaimed land in Navajo Nation north of former JUA Mine Areas N-1 and N-2 -1,000 Acres Mined and Reclaimed Provides Solar Power Potential of 125 - 165 Megawatts

Figure 68 - Mine Areas N-7 and N-8 - 940 Acres Mined and Reclaimed Provides Solar Power Potential of 115 ,. 150 Megawatts

Figure 7 - Great Springs Sector - 80% of Mined and Reclaimed Area North of former JUA

Figure 8 - White Grass Sector - 50% of Mined and Reclaimed Area North of former JUA Mine Area N-14 -1,650 Acres Mined and Reclaimed Provides Solar Power Potential of 205 - 275 Megawatts

Mine Area J-16 -1,350 Acres Mined and Reclaimed Provides Solar Power Potential of 165 - 225 Megawatts

Figure 9 - White House Sector - All Mined and Reclaimed Area in Navajo Partition Lands Mine Area J-19 - 1,060 Acres Mined and Reclaimed Provides Solar Power Potential of 130 - 175 Megawatts

Mine Area J-21- 2,630 Acres Mined and Reclaimed Provides Solar Power Potential of 325 - 435 Megawatts

Figure 10 - Owl Springs Sector - About 80% of Mined Area in Navajo Partition Lands Mine Area J-7 -1040 Acres Mined and Reclaimed Provides Solar Power Potential of 130 - 170 Megawatts

7

Acreage and solar power potential for the mine units in reclamation is presented in Table 2, and illustrated in Figure 5. The mine units are grouped by sectors within the lease area to illustrate where the reclaimed mine units are located among the topographic features and remaining infrastructure on the Black Mesa lease. Detailed areas are shown in Figures 6 -10.

Post mining land use for mined lands and remaining infrastructure at the Black Mesa lease area is a major focus for area residents and community leaders. A "Black Mesa- Kayenta Mines Leasehold Area Future Land Use and Community Development Plan" ("Black Mesa Land Use Plan"), was conducted in 2005 for the Black Mesa Review Board, an organization composed of representatives of the Navajo communities in and around the Black Mesa leases to assist land use planning. The Black Mesa Land Use Plan - available at the Black Mesa United, Inc. (former Black Mesa Review Board) website at: http://empowerblackmesa.lIrg/reports.htm - divides the lease area into six sectors and provides a narrative land use plan and projected future land use maps for those sectors.

Fiiures 6 - 10 combine the maps of proposed future land use for mine area and remaining infrastructure in the five Black Mesa Land Use Plan sectors, with significant acreage in reclamation from the Black Mesa Land Use Plan. Remote sensing imagery from Google Earth is included to show the location of reclaimed mine units, along with solar power potential and remaining infrastructure within the lease area.

In addition to resloped and revegetated mined lands, the lease area has an extensive network of road, electrical transmission, water well and pond, and coal handling plant facilities associated with mining activity. The Black Mesa Land Use Plan developed to assist Navajo communities in and around the mine identifies grazing and open space land uses, and an extensive infrastructure network for the lease area following completion of reclamation. The extent of local infrastructure in place on the lease area is illustrated in the Future Land Use maps for the Black Mesa lease sector in Figure 6 - 10 and is available at http://empowerblackmesa.org/docs/JJClacs/BMESA Maps %20FINAL.pdf.

Figures 6 - 10 combine images from three sources, summarizing the solar power potential for the Black Mesa mine areas and land use sectors identified in the figures. The Figures include images from:

- Google Earth showing the appearance of the mine area to illustrate the condition of the land by remote aerial imagery;

- Black Mesa Coal Mine Environmental Impact Statements illustrating location and status of mining activity; and

- Black Mesa Land Use Plan identifying future land use plans for mine sectors including proposed post-mining land use and the extent of remaining power line road, water and commercial infrastructure available for post-mining land use activities.

8

Black 'Jt'sa N-l and N-2 Areas

l'n)\'ldl'~ Solar I'ower I'otcntilll of J2~ - 165 !\h'l:ll\\lItts

(lit b - KAiM'\')

,..

.-- ............. --. ,

~-'7~,.-,

Figure 6A - Location and solar potential of reclaimed land in northern portion of Yellow Water Sector

Black Ml"S3 N6 Area 2.!190 Acrl'li 2.060 ,nn('d lind R('('blim('d

780 Aclh (' !\linin~ lind Rt'chullatiou :;0 J>ropo!iC.·d for future '

'-lining lind Rl'r1amation

2.060 Acres pnn,jdt's Sol:lr Powl'r Potential (If 250 - 325 Megawatts (at 6 - & ,.\.I:\J\\)

Figure 6B - Location and solar potential of reclaimed land in southern portion of Yellow Water Sector

9

---

Blad. \1(". :\6 Arnt 2.890 Arl'\.'S 2.060 Milled lind Rechlimt'd

780 Actin' l\Iinin~ lind Rl'dllmalioll 5<1 PropMrd for future

'lining lind Rt'dllmation

2.060 .\cres pru,-ides Sfllar Power Putrntial of 250 - ns Megllwatts (a16 !I A/'I\\')

Black Mrsa 1'\-14 and J·I (. Areas N-14 - 1.650 Acn's Mine-<! lind Reclaimed Provides SolarI'owcr I'otclltial of 205 - 275 l\1l'J:awaft~ (at (, - H>\il\1\\)

.1-16 - 1.350 Acrcs - Mined alld Rl'clainll'd -I'ro"iries Solar Power Polential of 165 - 225 Ml1:lI",atts (at (, - Ii A/MW)

Figure 8 - Location and solar power potential of reclaimed land in White Grass Sector

10

---

Black "Iesa 'line Units J-19 Ilnd J-21 J·19 -1.0ll0 Acrn· Minl'd lind Redaiml'tJ PJ1)\'idrs Solar Power Potentialnf 130 175 ~legawatts (a16 ·8A/!\'l\V)

J-21 ·2,6.10 Acres - Mined lind Ileclnimeil PJ1)\'idrs Solar I'ower Potential of .125- 435 \Jegllwalls (at (,

8 AiMW)

Figure 9 - Location and solar power potential of reclaimed land in White House Sector

..\

L.~_-_·'.-t-.:.::.·, -..._.-",

-'~; i

.' :: 1'~~,

- -;' -L

Black Mesa 'line J-7 Area 1040 Acres - Mined lind Reclaimed _.--.-..-Pruvides Solar Power Potential of 130 - 170 'hl:IHflltts tat 6-8 ;\lMW)

Figure 10- Location and solar power potential of reclaimed land in Owl Springs Sector

11

Connection to of Blaek Mesa Lease Area to Regional Electrical Transmission Network

The existing power line infrastructure within the Black Mesa Lease Area is connected to the regional electrical transmission grid to provide the electrical power used to operate the dragline excavators and other equipment and facilities associated with coal mining and handling operations. The power supply for the mine comes through a substation connected to a 230 kV transmission line between Page, Arizona and Four Corners Power Plant in New Mexico north of the Black Mesa Leases. See Figure II modified to highlight the Black Mesa lease area on the "Existing Infrastructure" map available at: http://www wr,pinfo.org/Page,,/Resources/Resources.aspx ("Energy Infrastructure low res").

',','. :.':>',~,';;:~I., ;. ,~., ,,:

"""""':-1-'r.-."~*,,ijdN~Nri .".Y ~~tnim~.,.;. ~,w.N't4U:If:.fik...- •

• ':';~;~~f""'-·

U:~'~"'~i,.-M""''I;.

~~-......-'......... ·_.':-" ..~~I,""

··_.~.i,WI!J'"

; .....~lw.:";k,,.,..-'Ill

·.~·.~:r~~

'>, " .. ' ':~ ......._-

;+-";'~·'-·.Io;-"!'~l'·----,--,-'• ," :~,~'" "<:', -

Figure II - The Black Mesa Mine Area is connected to the Southwestern U.S. region electrical transmission grid. Source: http://www.wr,pinfo.org/Pages/Resources/Resources.aspx "Energy Infrastructure (low-res)"

The existing transmission network to and within the Black Mesa lease, including the associated rights-of way. substations, and support service areas, will be valuable assets for any solar power development project using the Reclaimed Areas.

Water Consumption Considerations for Solar Power Generating Facilities

Demand of water associated with solar power facilities is very low compared to conventional electrical power facilities. Water consumptions for any solar power facilities is also very low compared to amount of water exported from the Black Mesa area as part of coal slurry transport operations.

Water consumptions at solar power plants is primarily limited to cleaning of mirrors and reflective surfaces if dry cooling methods are installed.

Water use requirements for solar power plants, whether solar-electric (photovoltaic systems_, or solarthennal (parabolic trough systems) consume only 5 - 6 % as much water as coal or oil fired power plants.

12

Water consumption at solar power plant requires 26 - 30 gallons per megawatt, while coal and oil-fired power plants require 430 - 490 gallons per megawatt. Estimated water consumption rates for solar power plants are summarized in Figure 12.

For a 100-megawatt solar power plant, the annual water consumption would be estimated to be 16.2 - 18.5 acre-feet per year - equivalent to 5.3 - 6 million gallons per year or 10.1 - 11.4 Gallons per minute.

For a 100-megawatt coal or oil-fired power plant, water consumption would reach 263.0 - 300 acre-feet per year - equivalent to 86 - 98 million gallons per year or 153.2 - 186.1 gallons per minute.

Solar Powel' l'lanf \\'ater Con~umption

WaIn consumptions at solar pOl\l'r plants is prinlaril)' Iimih'd 10 ch.-llninl: of mirrors and rl'nl.'Clh·l' surfaces if df") cooling methods are inslalll'd.

Estimated Water Consumption Rates for 100 MW Solar Power Plants Tl.'('hnolo~' Callonslmwh (;0 lionslkw'h Gallon";year AFf)'T Calli/min PhOlo\'oll.ic 30 0.03 6 mlllioll 18.4 11.4 SoiAI' Thermal 26 0.026 5,3 million 16.2 10.1

For COll1pari!.on: Nu.:1cnl" 620 0.62 124 million .1:'(0.6 235.7 ('nal 490 0,49 9X milliuTl JflO I l-\6. I

011 4}0 O,4} K6 millioJl :!f,} IS},:! Wind I 0.001 0.2 million 0.61 O.J8

Th~~L~ L·:.tIL·uliJ[u.IfI~ ..",!'o'JIIll..... 1:1.:i1 ~ Iorl :Ilq:,ilw;r:~ ,"OLlf Pu\.. ~1 plowl !o-'I:nt.:"f:lll:!'o d C\.."t11L'ily .!llflu hllur ... p...:r ~ L:,JI Ill\Xit.JL:iHF Oi unal or l()()JI(~) nh:·~J\\·an hours 1:11\" h I \,)( ;:k"\.·~ri('JI pl.'''''C-I". f,)r l.:o-mp.:lrisl1n~ \\'aft:r ;.).:m:.;,.u:mpti~m rmc!'> h)r lh~ nlJn-~>lar

[&;, .... hn,.I,.pi..:s .JI"II .J~MUIlt: ~·"-'I1l.·Jali,m or 2110.1 II Ul fn\','fr'.P fpl filii M\\ IIf L:.,jrm~lr.~ Olll' }~idk~H (1'-"1 IlIinuh: ,-,'OJ!'" mill or g(lm:. equals r f'" =ant !(-el pt:r Y::llr I ''')''1

~\';tlcr f"'" .. umplfon fl1r "'11;<11' t":""""1' rtmls I' ;d:",,)ul ~Ill' (~f I~h,' \\':11~,or- ,:Lm"UI11plic,lln ,If 1,.'11;11. ~"il ur 11\ld ..~ar r;\·..\'\~r pliP'11S and

ahour. I Of:,.. nf the ,,",'.Jt:-:- ~llnSllmp~:'l1n of (omN~d c)'..;,'lc po""'cr p:anh 1~);r -cllual 31T)~)UmS ,;)f\."nl"ro~} produ":l"d. '1IIJlo;.:C" Iltll~: ';'\\''A.''...';lw,,-"a.tlrl''·C...u·W.l[L'1 ,hmll

http··' '''''\\'1.''' Icnnardo...t"DC:(~Y OI~ :l,\'uk"r-u~h-th'hnnft{']t->rrK -p5",,'cr-SlinlQn:;

Figure 12 - Solar power plant water consumption rate with comparisons to water consumption rates for other power plant water consumption rates

Archeological and Cultural Clearance Considerations

Land in the Navajo Nation, including the Black Mesa lease, is rich with cultural resources that hold immense and irreplaceable value for families who have lived on and used that land for generation upon generation. In addition, lands in the Navajo have extensive archeological resource value. Federal programs to preserve cultural resources and archeological resources require extensive survey, analysis and protection programs be completed before land uses that might disturb those resources are permitted for use through mineral or business lease.

Mined lands, such as the reclaimed lands at the Black Mesa leases, are among the very few areas of the Navajo Nation where cultural resource and archeological clearances have been issued, and land covered by those clearances disturbed. Due to the extensive nature of mining and reclamation few, if any, of the cultural and archaeological resources remain intact at the mine areas undergoing reclamation.

As a result of the completion of the cultural and archeological clearance process prior to mining, and the extensive disturbance of the mine areas due to mining that has occurred, the reclaimed lands are likely to

13

need less extensive cultural and archeological survey and protection requirements than any undisturbed land in Navajo Country.

Because cultural and archeological clearance associated with large-scale developments like solar power facilities can be very costly and time-consuming, development at previously surveyed, cleared, and disturbed area may reduce or eliminate archeological and cultural clearance commitments.

14

IeEXHIBIT

DANA L. BOBROFF DEPUTY ATIORNEY GENERAL

MEMORANDUM

TO: Honorable Delegate Dwight Witherspoon Navajo Nation Council

FROM: William A. J0

Natural Reso s Unit Navajo Nation Department of Justice

DATE: September 23,2011

SUBJECf: RFS No. 11-1355: Navajo Nation Legislation Relating to Proposed Solar Energy Project on Reclaimed Navajo Nation Lands Leased to the Peabody Western Coal Mining Company

INTRODUCTION

On July 25, 2011, you requested the Navajo Nation Department of Justice's participation regarding proposed legislation seeking the development of a solar energy project on certain reclaimed lands currently leased to the Peabody Western Coal Mining Company (peabody). Your request to the Department of Justice was predicated on a July 18, 2011 memorandum from Mariana Kahn, Attorney, Office of Legislative Council, to you stating, in part, that "[t]he Office of the Attorney General must review [your] request to examine the legal ramifications to the various leases the Navajo Nation has with Peabody and other legal issues relating to reclamation." This memorandum addresses Ms. Kahn's request. In addition, I've identified various issues potentially impacting the development of a solar energy project within an active coal mining lease.

Your Request for Services contains numerous resolutions from Navajo Nation Chapters and units of local governance. l While the Resolutions differ slightly in language, all are seeking the identification and development of reclaimed lands currently leased by Peabody for the purpose of establishing a solar energy project. All these resolutions refer to an April 6, 2011 Report investigating the solar power potential of reclaimed areas currently leased to Peabody. A copy of this Report is attached.

These Navajo Nation Chapters and units of local governance are: K'ai'bii'to' Chapter, Coppermine Chapter, Tonalea Chapter, Hardrock Chapter, Forest Lake Chapter, Bodaway/Gap Chapter, Navajo Mountain Chapter, Leupp Chapter, Blue Gaptrachee Chapter, Black Mesa (Kits'iili Chapter), Chinle Agency Council, Nahata Dzil Commission Governance, and the To'nanees'dizi Local Government.

P.O. Box 2010· Window Rock, Navajo Nation (AZ) 86515·928-871-6347/6210· Fax No. 928-871-6177

1

J

·.

Memorandum to Honorable Delegate Dwight Witherspoon RE: RFS No. 11-1355: Navajo Nation Legislation Relating to Proposed Solar Energy Project on

Reclaimed Navajo Nation lands Leased to the Peabody Western Coal Mining Company September 22, 2011 Page 2

BACKGROUND

Peabody operates its Black Mesa Coal Mining Complex2 pursuant to two mining leases with the Navajo Nation. The "North Lease," located entirely on lands where the Navajo Nation owns a 100% interest in both the surface and mineral estate, was originally entered into with Peabody's predecessor in interest (Sentry Royalty Company) on February 1, 1964. The "South Lease," entered into with Sentry Royalty Company on June 6, 1966, is located on lands within the former Joint Use Area. Both the North and South leases (Leases) have been amended three times (1987, 1998, and 2011).

All coal currently produced from Peabody's Kayenta Mine is sent via electric railcar to the Navajo Generating Station (NGS) and utilized to produce coal generated electricity. Peabody supplies coal to NGS pursuant to a long tenn coal supply contract with the co-owners of NGS.3 With the shutdown of the Mohave GeneratiDl Station in 2005, there is currently no coal being produced from Peabody's Black Mesa Mine. While not currently contemplated, it is possible Peabody may resume mining from the Black Mesa Mine in the future.

Provisions of the Leases pertinent to the development of a solar energy project on reclaimed lands \:

currently leased to Peabody include the following:

1. Peabody's Leases remain in effect for so long as (i) Peabody is mining coal (or certain other minerals), (ii) such coal is being produced in paying quantities, and (iii) Peabody has a valid mining lease. The Leases enable Peabody to mine up to a specific tonnage of coal from each Lease.4 It is my understanding, it will be decades before Peabody's mining activities approach the tonnage limits contained in the Leases.

2. In the Leases, the Navajo Nation expressly reserved the right to lease, sell or otherwise f r

It

I

II!I!

dispose of the surface of the lands leased to Peabody subject to Peabody's reasonable right to ~ surface areas necessary for mining. This reserved right includes (after consultation with Peabody) the right to construct, use, and maintain roads, pipelines, power lines, and telephone lines on and across the Leases.

3. Both Leases require Peabody, upon termination of the Leases, to leave permanent improvements constructed on the Leases (including buildings and railroad lines).

~ 2 Peabody's Black Mesa Coal Mining Complex consists of the Black Mesa and Kayenta mines.

3 The NGS lessees, and their respective shares at NGS, are Arizona Public Service (14%), Los Angeles Water and Power (21.2%), Nevada Power (11.3%), Salt River Project (46.0%), and Tucson Electric (7.5%). The Salt River Project owns 21.7% of NGS for its own benefit and 24.3% of NGS for use and benefit of the United States of America (Bureau of Reclamation).

r t

f

!II

Peabody is entitled to mine up to a total of 290 million tons of coal from the lands covered by the North Lease and 380 million tons of coal from the lands covered by the South Lease. 4



ISSUES

1. Peabody has a valid existing mining lease with the Navajo Nation. As long as Peabody has a valid existing mining lease, any development of a solar energy project on reclaimed lands located within Peabody's Leases will require coordination with Peabody. As stated previously, the Navajo Nation has expreSSly reserved the right to utilize lands leased to Peabody for development (such as a solar energy project). However, any development is subject to Peabody's reasonable right to surface areas necessary for mining.

2. The Report identifies several areas, both formally and currently being mined, within the Peabody's leased lands as potential areas for development of a solar energy project.

a. Some of these identified areas are slated for future mining by Peabody. The siting of a solar energy project on, or near, lands Peabody is proposing to mine in the future may prove problematic as the operation of the solar energy project would interfere with Peabody's ability to access the coal lying beneath.

b. The Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.c. §§1201 et seq., and its implementing regulations, imposes extensive reclamation responsibilities on Peabody. In many instances, these reclamation responsibilities last for decades after mining in a particular area has ceased. Once Peabody has met all its reclamation responsibilities under SMCRA, the federal agency charged with overseeing the implementation of SMCRA on Navajo Nation lands (United States Office of Surface Mining (OSM», will terminate its jurisdiction over said lands. To the extent that the lands proposed for the solar energy project are still under OSM jurisdiction, consultation and coordination with OSM and Peabody will be required.

c. Due to the unique issues surrounding development on former Joint Use Area lands, including former Joint Use Area lands within Peabody's Leases, siting a solar energy project on former Joint Use Area lands will create significant additional hurdles and should be avoided.

3. The report identifies Peabody's "existing transmission network to and within the Black Mesa lease, including the associated rights-of-way, substations, and support service areas, as being valuable assets for any solar power development project using the Reclaimed Areas." See, Page 12 of Report. This statement is undoubtedly true. However, as long as Peabody has a valid existing mining lease, use of Peabody's transmission network will require the consent of Peabody. Once Peabody's mining lease is terminated, the above described infrasture would be available for use by the Navajo Nation.

4. It is my understanding that the grazing permittees, whose grazing rights were impacted by Peabody's mining operations, will have right to return to their former grazing areas once Peabody's Leases are terminated. The impact of the proposed solar energy project on these individual's grazing rights will need to be addressed.



5. From my reading of the Report, it is not entirely clear whether the purpose of the solar energy project is to provide electricity for local consumption (on the Navajo Nation) or for export off the Reservation (California, Nevada and Arizona). In either situation, a market to purchase the electricity produced from the solar energy project and a means of transmitting this electricity to market must be secured.

1. If the electricity produced from this solar energy project is to be provided for local consumption, agreements will need to be entered into with NTUA for the purchase of this power. Currently, electricity produced from solar generation is more expensive than electricity produced from conventional sources. Traditionally, these additional costs have been passed on to the consumer. Prior to development of any solar energy project, NTUA should be contacted to determine whether or not NTUA would be willing, or in a position, to purchase and supply this potentially higher cost power to residents of the Navajo Nation.

11. If the electricity produced from this solar energy project is to be provided for off Reservation consumption, a means of getting this power to market must be secured. It is my understanding there is very little "additional" electric transmission capacity currently available for use.

6. The development of a solar energy project will require significant financial investment. The Report describes the Nevada Solar One project as requiring an investment of $262 million to generate 64 MW and the proposed Santa Rosa New Mexico GA-Solar Project requiring an investment of $1 Billion to generate 300 MW. See, Page 5. of Report. Obviously, significant funding (most likely from outside investors) will need to be obtained to develop anything other than the smallest solar energy project.

CONCLUSION

When the Navajo Nation entered into its mining leases with Peabody, it reserved to itself the right to develop the lands within Peabody's Leases. In my opinion, this reserved right would encompass a solar energy project located on reclaimed lands within Peabody's Leases. However, any such development must allow for Peabody's reasonable right to access the lands it has leased for mining. As a result, coordination with Peabody is essential if this project is to succeed. To the extent the proposed solar energy project will be located on lands still under OSM jurisdiction; consultation and coordination with OSM will be required.

WAJ!J:j/121

xc: Mariana Kahn, Attorney, Office of Legislative Counsel

Johnny Naize · Office ofLeR;slative Counsel

Speaker ofthe Navajo Nation Council T~!'phon~: ('-'28) 871-7166 bx # (')::8) &71-7576

MEMORANDUM

DATE: July 18, 2011

TO: Honorable Dwight Witherspoon Hard Rock, Forest Lake, Pinon, Black Mesa, Whippoorwill Chapters

FROM: ~J~ Mariana Kahn, Attorney Office of Legislative Counsel

SUBJECT: Office of the Attorney General review required before drafting of legislation

I am returning the documents attached to your recent OLC Service Request described as "Draft legislation to require Peabody Western Coal Company to designate to be reclaimed for local community solar development Project" submitted on July 13, 2011. The Office of the Attorney General must review this request to examine the legal ramifications to the various leases the Navajo Nation has with the Peabody Western Coal Company and other legal issues relating to reclamation.

Please re-submit your request for legislative drafting upon completion of the Office of Attorney General's review.

Thank you for your service to the Navajo Nation.

11-629-1

(Htlu' of Legisiariv,' Counsell The Legislarive Branch I Posr Office Box 33')0 I Window Rock, ArIZona /86515

LEGISLATIVE BRANCH HONORABLEJOHNNYNAIZE Speaker, ZZnd Navajo Nation Council NAVAJO NATION

August 13, 2012

MEMORANDUM

TO

FROM Hon. ohnny Naize, Speaker 220d Navajo Nation Council

SUBJECT ASSIGNMENT OF LEGISLATION

Pursuant to 2 N.N.C. § 164 (A)(4), this memorandum serves to inform and advise you that I assign the following legislation to the Resources and Development Committee:

Legislation No. 0356-12

AN ACTION RELATING TO RESOURCES AND DEVELOPMENT; DIRECTING NAVAJO NATION LAND DEPARTMENT TO TAKE THE LEADERSHIP ROLE IN THE PLANNING OF A PROPOSED SOLAR DEVELOPMENT ON RECLAIMED LANDS TO BE IDENTIFIED WITHIN THE PEABODY WESTERN COAL MINING COMPANY "NORTH LEASE" AREA.

As the Committee assigned to consider the legislation, Legislation No. 0356-12 must be placed on the Resources and Development Committee's agenda at the next regular meeting for final consideration.

ATTACHMENT: Legislation No. 0356-12

xc: Hon. Ben Shelly., President The Navajo Nation

Harrison Tsosie, Attornry General Mark Grant, Controller Honorable Dwight Witherspoon, Council Delegate (prime Sponsor)

OFFICE OF THE SPEAKER / NA VAJO NATION LEGISLA TIVE BRANCH / POST OFFICE BOX 3390 / WINDOW ROCK, ARIZONA 86515 TELEPHONE (928) 87/-7160 FAX (928) 87/-7255

. .

Office ofLegislative CounseL jo/mn)1 Naizc TC!C'j>!I01IC: (9]8) fr-:J-716o 1.,iulll\

A -7_"

MEMORANDUM

DATE: July 30, 2012

TO: Honorable Dwight Witherspoon Hard Rock, Forest Lake, Pinon, Black Mesa, Whippoorwill Chapters

FJ{ 0 rvt: 1'rulJu~

1lJ1a) 'k::LM1/ Mariana Kahn, Attorney Office of Legislative Counsel

SUBJECT: AN ACTION RELATING TO RESOURCES AND DEVELOPMENT; DIRECTING NAVAJO NATION LAND DEPARTMENT TO TAKE THE LEADERSHIP ROLE IN THE PLANNING OF A PROPOSED SOLAR DEVELOPMENT ON LANDS TO BE IDENTIFIED WITHIN THE PEABODY WESTER]\; COAL MINING COMPANY '"NORTH LEASE" AREA

I have prepared the above-referenced proposed resolution and associated legislative summary sheet pursuant to your request for legislation. You are encouraged to review the proposed resolution to ensure that it is drafted to your satisfaction. If you are satisfied with the proposed resolution, please sign the proposed resolution where it indicates "INTRODUCED BY" and submit it to the Office of Legislative Services where it will be given a tracking number and sent to the Office of the Speaker for assignment. If you have further questions concerning this matter, please contact me at the Office of Legislative Counsel (928) 871-7166.

Thank you for your service to the Navajo Nation.

12-149-1

THE NAVAJO NATION� LEGISLATIVE BRANCH�

INTERNET PUBLIC REVIEW PUBLICATION�

LEGISLATION NO: 0356-12 SPONSOR: Dwight Witherspoon

TITLE: An Action Relating To Resources and Development: Directing Navajo Nation Land Department to Take the Leadership Role In The Planning of a Proposed Solar Development on Land to be Identified Within the Peabody Western Coal Mining Company "North Lease" Area

Date posted: August 13.2012 at 10:35am

Digital comments may be e-mailed to [email protected]

Written comments may be mailed to:

Executive Director� Office of Legislative Services�

P.O. Box 3390� Window Rock, AZ 86515�

(928) 871-7590�

Comments may be made in the form of chapter resolutions, letters, position papers, etc. Please include your name, position title, address for written comments; a valid e-mail address is required. Anonymous comments will not be included in the Legislation packet.

Please note: This digital copy is being provided for the benefit of the Navajo Nation chapters and public use. Any political use is prohibited. All written comments received become the property of the Navajo Nation and will be forwarded to the assigned Navajo Nation Council standing committee(s) and/or the Navajo Nation Council for review. Any tampering with public records are punishable by Navajo Nation law pursuant to 17 N.N.C. §374 et. seq.

legislative summary sheet tracking no. ---v3-- 26, 2012 ... · clarence bt>donie - vire...

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