THE NAVAJO NATION LEGISLATIVE BRANCH
INTERNET PUBLIC REVIEW PUBLICATION
LEGISLATION NO: _0381-15_____ SPONSOR: Benjamin Bennett
TITLE: An Action Relating To Resources and Development; Approving An Application For A Sand And Gravel Lease And Access Road Right-Of-Way To Fort Defiance Sand And Gravel, Inc. To Operate And Maintain A Gravel Pit And Access Road In the Fort Defiance Chapter Vicinity
Date posted: November 6, 2015 at 6:20pm
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.
Digital comments may be e-mailed to
comments@navajo-nsn.gov
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
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LEGISLATIVE SUMMARY,SHEET
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DATE: October 29, 2015
TITLE OF RESOLUTION: AN ACTION RELATING TO RESOURCES AND
DEVELOPMENT; APPROVING AN APPLICATION FOR A SAND AND GRAVEL LEASE AND ACCESS ROAD RIGHT-OF-WAY TO FORT DEFIANCE SAND AND GRAVEL, INC. TO OPERATE AND MAINTAIN A GRAVEL PIT AND ACCESS ROAD IN THE FORT DEFIANCE CHAPTER VICINITY
PURPOSE: The resolution, if approved, will approve the application for a sand and gravel lease and access road right-of-way in the Fort Defiance Chapter vicinity for the Fort Defiance Sand and Gravel company.
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.
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Pl'<:OPOSED STANDING COMMITTEE RESOLUTION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23rd NAVAJO NATION COUNCIL- First Year, 2015 INTRODUCED BY (Prime Sponsor) TRACKING NO.03
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AN ACTIONRELATING TO RESOURCES AND DEVELOPMENT; WAIVING RDCJN-33-15 WHICH DELEGATED AUTHORITY TO THE DIRECTOR OF THE NAVAJO LAND DEPARTMENT TO APPROVE LAND WITHDRAWALS ON THE NAVAJO
NATION; APPROVING A LAND WITHDRAWAL OF 43.209 ACRES (40.979 ACRES FOR USE AS A SAND AND GRAVEL PIT AND 2.23 ACRES FOR AN
ACCESS ROAD), MORE OR LESS, IN THE FORT DEFIANCE CHAPTER VICINITY; AND APPROVING A SAND AND GRAVEL LEASE AND ACCESS ROAD RIGHT-OF-WAY TO FORT DEFIANCE SAND AND GRAVEL, INC. IN THE FORT DEFIANCE CHAPTER VICINITY, NAVAJO NATION (APACHE
COUNTY, ARIZONA)
21 BE IT ENACTED:
22
23 SECTION ONE. FINDINGS
24 A. Pursuant to 2 N.N.C. § 501 (B)(2), the Resources and Development Committee of
25 the Navajo Nation Council has authority to give fmal approval of all land
26 withdrawals, non-mineral leases, permits, licenses, rights-of-way, surface easements
27 and bonding requirements on Navajo Nation lands and unrestricted (fee) land. This
28 authority shall include subleases, modifications, assignments, leasehold
29 encumbrances, transfers, renewals, and terminations. 30
B. Pursuant to RDCJN-33-15 the Resources and Development Committee delegated 2 authority to the Director ofthe Navajo Land Department to approve land withdrawals 3 on the Navajo Nation. The resolution also approved the Administrative Rules and 4 Regulations for Land Withdrawals. A copy of RDCJN-33-15 is attached as Exhibit
5 A.
6 C. The Administrative Rules and Regulations for Land Withdrawals at Section One 7 states [t}he purpose of a Land Withdrawal Designation is to designate an area of land 8 for future development by, a. Ensuring that the rights of grazing permittees, who are 9 in compliance with their grazing permits, are properly addressed as applicable and 10 as required under 16 NNC. §§ 401 et seq. and to prevent subsequent claims to the 11 land,· and b. Ensuring that the affected Chapter supports the Land Withdrawal 12 Designation and use of the land.
13 D. The Administrative Rules and Regulations for Land Withdrawals at Sections Seven 14 and Eight delineate the withdrawal process which includes designating the land use as 15 commercial or community purpose. The affected chapter is to show its approval for 16 the land withdrawal and any change to the purpose of the land use is to be approved 17 by the chapter. The Land Department is to determine the grazing permittees who are 18 required to give their consent to the land withdrawal. If no consent is given, and if 19 the proposed project is in the best interest of the community and the Navajo Nation, 20 then procedures may be undertaken to take the land by eminent domain.
21 E. Herman Billie, the Fort Defiance Grazing Official, made an on-site survey of every 22 house within a three-fourth mile radius of the old gravel pit determined that some 23 grazing permittees and non-grazing permittees within that area were opposed to the 24 gravel pit and others were not opposed. Exhibit B. Esther Kee, Navajo Land 25 Department Right-of-Way Agent said Mr. Billie had identified four grazing 26 permittees. Ms. Kee went to locate the grazing permittees; she was unsuccessful in 27 locating them. Exhibit C. There is no record of Ms. Kee successfully contacting the
28 grazing permittees.
29 30
1 F. Pursuant to ACJA-21-83, the Advisory Committee of the Navajo Nation Council 2 approved the withdrawal of 149.90 acres of land "for the purpose of a dam in the Fort
3 Defiance Community." See ACJA-21-83 attached as Exhibit D.
4 G. The land was withdrawn for the purpose of constructing the Blue Canyon Dam and
5 Recreational Area. The Resolution does not include a Sand and Gravel Pit as a 6 purpose for the withdrawal. See ACJA-21-83.
7 H. Grazing permittees' consents were obtained and compensation made at the time of the 8 initial Blue Canyon Dam Project withdrawal. See Agreement to Relinquish Grazing 9 Rights for Proposed Blue Canyon Dam Project attached as Exhibit E.
10 I. Despite the land being withdrawn partially for the purpose of a dam and for 11 recreation, the land was never used as for those purposes.
12 J. Subsequently, in 1988 the Resources Committee recommended the withdrawal of an 13 additional 40.979 acres of land at the Blue Canyon Dam area for the purpose of 14 reopening the Blue Canyon Gravel Pit and the "reopening of the gravel pit at Blue 15 Canyon Dam". See RCJL-85-88 attached as Exhibit F; see also RCJL-87-88
16 Recommending the Reopening of the Gravel Pit at Blue Canyon Dam and the 17 Amendment of Advisory Committee Resolution ACJA-21-83 attached as Exhibit G. 18 K. In 1988 at the recommendation of the Resources Committee, the Advisory Committee 19 amended ACJA-21-83 "approving the reopening of the Blue Canyon Dam Gravel Pit 20 as described in Exhibit A" See ACAU-161-88 attached as Exhibit H.
21 L. Exhibit A in ACAU-161-88, which is a map of the Blue Canyon Dam area, purported 22 to withdraw an additional 40.979 acres for the specific purpose of the gravel pit as
23 originally recommended by the Resources Committee in RCJL-85-88. See Exhibit I.
24 M. In 1991, the Resources Committee approved a Sand and Gravel Lease Permit for an 25 "existing gravel pit" identified as the Blue Canyon Gravel Pit, the affected land users 26 were determined and consents were obtained, and the applicant was directed to pay 27 the land users for surface damages; this specific project was a six-month Sand and 28 Gravel Lease for Daye Concrete, Inc. where the land users' consents were obtained 29 for the six month term of the sand and gravel lease. See RCA U -126-91 attached as 30 Exhibit J.
1 N. The Fort Defiance Sand and Gravel has submitted a Sand and Gravel Lease 2 application for use of the Blue Canyon Gravel Pit.
3 0. The proposed Sand and Gravel Lease consists of 40.979 acres more or less, of 4 Navajo Nation Trust Lands located E Yz & NW 'l4 of Section 25, T.28N, R.30E, 5 G&SRM, Apache County, Arizona. Navajo Nation Sand and Gravel Lease and 6 Access Road Right-Of-Way application attached as Exhibit K.
7 P. Fort Defiance Sand and Gravel has also applied for a right-of-way. The proposed 8 Sand and Gravel Lease right of way is 0.92 miles long, 20 feet wide and consists of 9 2.23 acres more or less, of Navajo Nation Trust Lands located E Yz & NW 14 of 10 Section 25, 26, and 35, T.28N, R.30E, G&SRM, Apache County, Arizona. Navajo 11 Nation Sand and Gravel Lease and Access Road Right-Of-Way application.
12
Q.
The Fort Defiance Chapter supported the establishment of a Sand and Gravel Pit. See13 Resolution FD-2012-02-09-06 attached as Exhibit L. The Fort Defiance Chapter has 14 subsequently rescinded FD-2012-02-09-06. Resolution FD-2013-07-14-02 attached
15 as Exhibit M.
16
17 SECTION TWO. WAIVING RDCJN-33-15 WHICH DELEGATED
18 AUTHORITY TO THE DIRECTOR OF THE NAVAJO LAND
19 DEPARTMENT TO APPROVE LAND WITHDRAWALS ON THE NAVAJO
20 NATION; APPROVING A LAND WITHDRAWAL OF 43.209 ACRES (40.979
21 ACRES FOR USE AS A SAND AND GRAVEL PIT AND 2.23 ACRES FOR AN
22 ACCESS ROAD), MORE OR LESS, OF NAVAJO TRUST LAND, IN THE
23 FORT DEFIANCE CHAPTER VICINITY
24
25 A. The Navajo Nation Resources and Development Committee hereby waives RDCJN-26 33-15 which delegated authority to the Director of the Navajo Land Department to 27 approve Land Withdrawals on the Navajo Nation.
28 B. The Navajo Nation Resources and Development Committee hereby approves the land 29 withdrawal of 43.209 acres of which 40.979 acres is for use as a sand and gravel pit 30
and 2.23 acres is for use as an access road. The land description is more particularly 2 described in Exhibit K.
3
4 SECTION THREE. APPROVING A SAND AND GRAVEL LEASE AND
5 ACCESS ROAD RIGHT -OF-WAY TO FORT DEFIANCE SAND AND
6 GRAVEL, INC.
7 The Resources and Development Committee of the Navajo Nation Council hereby 8 approves a sand and gravel lease for 40.979 acres and an access road right-of-way for 9 2.23 acres to Fort Defiance Sand and Gravel, Inc. for Navajo Nation Trust Land 10 located in the vicinity of Fort Defiance Chapter, Navajo Nation (Apache County, 11 Arizona). The Lease and Right-of-Way Agreement is attached as Exhibit K.
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