0040 Titles 21 to 26; Appendix; Index (2010)

0040 Titles 21 to 26; Appendix; Index (2010)

NAVAJO NATION CODE ANNOTATED

Title 21

Public Utilities and Communications

Chapter 1. Navajo Tribal Utility Authority

Subchapter 1. Generally

History

Revision note. Subchapter 1 added as a result of codifying Subchapter 2, Ramah

Navajo Utility Authority.

§ 1. History

A. The Navajo Tribal Utility Authority was created by the Navajo Tribal

Council on January 22, 1959, in order to bring electric power to Shiprock,

Navajo Nation, (New Mexico). The Authority has expanded into natural gas,

water, sewer utility operations, and telecommunications and information

services as well as increasing its electric services.

B. By CN–61–59, the Navajo Tribal Utility Authority was authorized to

acquire, construct, operate and maintain utility systems throughout the Navajo

Nation. Since then the Authority has extended the benefits of utility services

to substantial portions of the Reservation. Over time the Plan of Operation of

the Authority has been amended to meet needs associated with changing

circumstances.

History

GSCAP–35–03,

operation.

April

17, 2003. Amended

Sections

1 and 5 of NTUA's

plan

of

ACN–149–65, as amended by ACD–158–65, December 13, 1965, and ACJA–866, January

28, 1966.

1988 Resolution. CF–6–88, amended generally the authority of the Enterprise.

1986 Resolution. ACJN–9–86, amended generally the Plan of Operation.

1985 Resolution. ACF–30–85, amended generally the Plan of Operation.

1985 Resolution. ACF–29–85, increased the Enterprise's debt limit.

Reorganization of Tribal Utility Authority. ACJN–82–65, June 10, 1965, acting

on the authority granted by CAP–46–65, adopted a series of bylaws for the

Utility which were rescinded by ACN–149–65, November 8, 1965, and a revised

Plan of Operation was submitted for approval to the Commissioner of Indian

Affairs.

1965 Resolution. ACN–149–65 was amended by ACD–158–65, December 13, 1965, and a

further revision of the Plan of Operation was submitted for approval to the

Commissioner of Indian Affairs.

1966 Resolution. ACJA–8–66, § 1, January 28, 1966, confirmed ACD–158–65 and

revised the Plan of Operation attached thereto. ACJA–8–66, § 2, acknowledged

Commissioner's letter of approval dated January 13, 1966.

Transfer of existing facilities. Plan of Operation, § XI, provided: "The

existing plant and facilities of the Navajo Tribal Utility Authority, including

all electric, natural gas, water and sewer systems now in operation or under

construction, as of the effective date hereof (which totaled eight million

seven hundred forty-six thousand five hundred fifty-three dollars and

twenty-three cents ($8,746,553.23), as of June 30, 1964), are to be transferred

to the Enterprise and accounted for in accordance with applicable regulations

and statutes. Additional funds for capital expenditure for construction of

further facilities, as recommended by the Management Board may be supplied from

Tribal funds on approval of the Navajo Tribal Council and the Secretary of the

Interior or his or her authorized representative, or from outside sources with

the approval of the Advisory Committee and the Secretary of the Interior or his

authorized representative."

ACD–245–66, December 13, 1966, authorized the transfer of all Fort Defiance,

Navajo Nation (Arizona), Water and Sewerage facilities and appurtenances

thereto of P.L. 86–121 Project No. WI–61–320 to the Tribal Utility Authority,

subject to acceptance of the Management Board.

Power supply lease and agreement. CJY–46–60, July 21, 1960, authorized lease of

plant site for generating power and agreement for supply of power with the

Arizona Public Service Company. Tribal Council Res. CF–18–66, February 23,

1966, ACMY–81–66, May 27, 1966, and Res. ACMY–79–66, May 27, 1966, authorized

and approved supplemental lease and agreement.

Repayment schedule. Plan of Operation, § XII, provided: "The Tribal Council

shall determine whether the whole or any part of the Tribal funds advanced or

facilities transferred to this Enterprise shall be regarded as a fixed

investment. The portion of Tribal funds, if any, advanced to the Enterprise on

a loan basis, shall bear interest at a rate to be agreed upon and the amount

thereof shall be repaid at the times and in the manner fixed by agreement."

Authority. Plan of Operation, § XVIII, provided: "Tribal Council Resolutions

CJA–14–59, CN–61–59, CMY–22–60, CD–61–61 and CAP–46–65 contain the authority

for development of the Navajo Tribal Utility Authority."

§ 2. Name, location and place of business

A. Navajo Tribal Utility Authority.

B. The principal place of business and the office of the Enterprise shall

be at Window Rock, Navajo Nation (Arizona), and the post office address of the

principal office is Post Office Box 68, Window Rock, Arizona.

C. The Enterprise may also have offices at such other place or places as

the Management Board may from time to time direct, or as the operation of the

Enterprise shall require.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 3. Seal

The seal of this Enterprise shall consist of two concentric circles

between which shall be the name of the Enterprise and the word "seal", and in

the center shall be the words, "An Enterprise of the Navajo Nation".

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 4. Duration

The duration of the Enterprise is perpetual.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 5. Purposes

A. General. The purposes for which the Navajo Tribal Utility Authority is

organized are as follows:

1. To operate, maintain, and promote existing utility systems

furnishing electric, gas, water, sewer utility services, generation, and

telecommunications and information services (as such services are defined

in the Communications Act of 1934, as amended by the Telecommunications

Act of 1996, 47 U.S.C. § 151 et seq.) for the benefit of residents of the

Navajo Nation, including the establishment, ownership, operation and

maintenance of electric generating, telecommunications and information

services on or off the Navajo Reservation.

2. To expand and execute such extensions of existing and new

utility generation telecommunications and information services systems as

are appropriate, efficient and feasible.

3. To plan for, provide and furnish utility generation,

telecommunications and information services to all areas of the Navajo

Nation, where such services are determined to be feasible and economical.

4. To carry out the purposes and intent of the Act of April 15,

1950, Public Law 474, 81st Congress, the Navajo–Hopi Rehabilitation Act.1

5. To promote the use of utility generation, telecommunications and

information services where available in order to improve the health and

welfare of the residents of the Navajo Nation.

6.

To

provide

utility

generation,

telecommunications

and

information services on a non-profit basis and at reasonable cost to

residents of the Navajo Nation consistent with the economical operation

of the Enterprise.

B. Ancillary. To do everything necessary, proper, advisable or convenient

for the accomplishment of the purposes herein above set forth, and do all

things incidental thereto or connected therewith, which are not forbidden by

law, or this Chapter for the Enterprise.

History

GSCAP–35–03,

operation.

April

17, 2003. Amended

Sections

1 and 5 of NTUA's

plan

of

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 6. Control of operations

It is intended that control and operation of this Enterprise shall be

patterned as closely as is feasible on the lines of a chartered public service

corporation of similar magnitude with a management board comparable to a board

of directors of such a corporation.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 7. Management Board;

purpose;

duties and powers

A. Subject to applicable federal and Navajo Nation laws and regulations,

the management board shall direct the purposes and exercise the following

powers and duties:

1. The management board of the Navajo Tribal Utility Authority is

delegated authority and responsibility for the management and operation

of the Enterprise.

2. The management board is authorized to direct the operations to

accomplish the purposes set forth in 21 N.N.C. § 5 and to exercise the

powers set forth in Subsection (B) below without previous authorization

or subsequent approval, and all parties dealing with the Authority shall

have the right to rely upon any action taken by the management board

pursuant to such authorization.

3. The management board shall exercise full power and shall be

responsible for the custody and management, operation, inventory, and

maintenance of all utilities and facilities, the planning, constructing

and operating of all new facilities, and the taking of any and all usual,

necessary and convenient actions incidental thereto including, should it

be deemed advisable or desirable, the borrowing of funds, and the making

of contracts or commitments necessary to the functioning of the

organization.

4. The management board shall function in much the same capacity as

an elected board of directors of a chartered public service corporation,

and shall numerously be responsible for making investment decisions,

subject to the limitations contained herein or in any advance of funds;

for the establishment and maintenance of effective operating policies;

for the selection of management personnel, except that the person

selected as the general manager shall be approved by the Navajo Nation

Council;

and for continuous supervision of the utility authority's

performance.

5. The management board shall be expected to exercise its

authorized powers in the best interests of the Navajo Nation within the

limits of responsible business judgment and with the stipulation that the

board shall not incur contract obligations in excess of the ability of

the enterprise to make payment on due dates.

6. The management board shall select from its own membership a

chairman of the board and other officers; and shall adopt such rules as

it may determine necessary for the orderly conduct of business.

7. The minutes of each meeting shall be made available promptly

after each meeting to the Economic Development Committee of the Navajo

Nation Council, the Navajo area director and to such other officials as

may be designated from time to time.

8. Members shall be reimbursed for expenses incurred in attending

meetings and the Board may, at its discretion, propose a fee to be paid

to members (subject to approval of the Economic Development Committee of

the Navajo Nation Council) on a per-meeting attended or an annual basis.

9. The chairman of the board shall make a formal report to the

Navajo Nation Council and the Economic Development Committee of the

Navajo Nation Council not less often than annually and in such report,

shall include a summary of the budget which the management board has

approved for the coming fiscal year.

10. The management board shall establish purchasing policies and

procedures, giving usual and essential latitude to the general manager

and his or her delegated employees, but establishing limitations on

amounts which may be expended without specific approval of the board.

11. No contract or other transaction between the Navajo Tribal

Utility Authority and any one of the members of the management board, or

between the Navajo Tribal Utility Authority and any corporation,

partnership, firm or other legal entity in which one or more of the

management board has an interest directly or indirectly shall be valid,

for any purpose, unless the entire interest of the director or directors

in such corporation, firm or other legal entity is fully disclosed to the

management board and the proposed contract or transaction shall be

approved, ratified or confirmed by the affirmative vote of at least a

majority of the entire management board who are not so interested.

12. The management board, in its discretion, may submit any such

contract or act for approval or ratification at any regularly called or

noticed meeting of the Economic Development Committee of the Navajo

Nation Council;

and any contract or act that shall be approved or

ratified by the vote of the majority of the Economic Development

Committee of the Navajo Nation Council shall be valid and binding upon

the parties.

13. The management board shall submit any contract or act wherein a

Navajo Nation officer or employee may have an interest directly or

indirectly in the matter or transaction to any regularly called or

noticed meeting of the Economic Development Committee of the Navajo

Nation Council. Any contract or act that shall be approved or ratified

by the vote of the majority of the Economic Development Committee of the

Navajo Nation Council shall be valid and binding upon the parties.

B. Enumerated powers.

Subject to Navajo Nation Council approval where

required, and applicable Navajo Nation and federal laws and regulations, and

solely in furtherance of the limited purposes set forth in 21 N.N.C. § 5, the

management board shall have the following powers:

1. Facilities. The management board shall exercise full authority

and shall be responsible for the custody, management and operation of all

utility authority property and facilities owned and operated by the

Navajo Nation, including such expansions and enlargements thereof as

shall be authorized;

for the planning, construction and operation of

additional utility authority facilities including the negotiation and

execution of engineering and construction contracts; and for the taking

of any and all usual, necessary, and convenient actions incident thereto.

2. Capacity to act. To have the capacity to act and to direct the

officers of the Enterprise to act in the same capacity as that of natural

persons, but to have authority to perform only such acts as are

necessary, convenient or expedient to accomplish the purposes set forth

in 21 N.N.C. § 5, and such as are not repugnant to laws and regulations

applicable to this Enterprise.

3. To appoint officers and agents.

To elector appoint officers,

agents, engineers, auditors, and such professional consultants as in the

opinion of the board or Economic Development Committee may be needed from

time to time, and to define their duties and fix their compensation;

provided, however, that unless the Economic Development Committee shall

consent and approve otherwise, the auditors shall be the firm of

accountants employed by the Navajo Nation;

and provided further, that

the selection of a general manager shall be approved by the Navajo Nation

Council. The Management board, at enterprise expense, shall require the

bonding of all officers, agents or employees responsible for the handling

or safeguarding of funds, property or other assets of the enterprise.

4. To act as agent. To act in any state, territory, district, or

possession of the United States, or in any foreign country for and on

behalf of the tribal enterprise.

5. To deal in real property. To negotiate the acquisition of (by

purchase, exchange, lease, hire or otherwise), utilize, improve, manage,

operate, and to negotiate the sale, lease, or mortgage of, either alone

or in conjunction with others, real estate of every kind, character and

description and any interest therein, necessary or incidental to the

purposes set forth in 21 N.N.C. § 5 except as prohibited by law. Title

to all such real property shall be taken in the name of the Navajo Nation

and title to all trust or restricted real property shall be and remain in

its trust or restricted status.

6. To deal in personal property, generally.

To acquire (by

purchase, exchange, lease, hire or otherwise), hold, own, manage,

operate, mortgage, pledge, hypothecate, exchange, sell, deal in and

dispose of, either alone or in conjunction with others, personal

property, and interest therein and commodities of every kind, character

and description necessary or incidental to the purposes set forth in 21

N.N.C. § 5.

7. To deal in inventions, copyrights, and trademarks. To acquire

(by application, assignment, purchase, exchange, lease, hire or

otherwise), hold, own, use, license, lease, and sell, either alone or in

conjunction with others, the absolute or any partial or qualified

interest in and to inventions, improvements, letters patent and

applications

therefor,

licenses,

formulas,

privileges,

processes,

copyrights and applications therefor, trademarks and applications

therefor, and trade names, and that title of all such acquisitions shall

be taken in the name of the Navajo Nation.

8. To execute guaranties.

To make any guaranty respecting

indebtedness, interest, contracts or other obligations lawfully entered

into by or on behalf of the Enterprise, to the extent that such guaranty

is made in pursuance of the purposes set forth in 21 N.N.C. § 5,

provided, that no such guaranty in excess of two hundred thousand dollars

($200,000) shall be made without the prior written approval of the

Economic Development Committee of the Navajo Nation Council.

9. Depository. To designate and approve all depositories used for

the deposit of funds of the enterprise.

10. To make contracts. To enter into, make, perform and carry out

or cancel and rescind, contracts for any lawful purpose pertaining to its

business necessary or incidental to the purposes set forth in 21 N.N.C. §

5, including the negotiation of contracts subject to R.S. § 2103, 25

U.S.C. § 81 (1964), which shall, as therein provided, become effective

only upon the approval of the Secretary of the Interior.

11. To approve budgets.

To give initial approval to annual

enterprise budgets, and to take final approval action with reference to

the use of funds under the exclusive control of the enterprise for

operating and capital addition purposes.

12. To borrow funds.

To borrow money, make and issue notes,

obligations and bonds of the authority for any of its purposes and to

secure payment thereof by pledge of, or lien on, all or any of its

fixtures, personality, revenues, income or contracts.

The total

outstanding long-term debt of the authority at any one time shall not

exceed two hundred million dollars ($200,000,000).

13. To accept grants and loans. To accept grants or loans from,

and enter into contracts, agreements or other transactions with any

federal agency, the government of the Navajo Nation or agencies thereof,

and to expend the proceeds thereof for any of the authority's purposes.

C. Ancillary powers.

To have and exercise all powers necessary or

convenient to effect any or all of the purposes for which the authority is

organized.

D. No construction of powers as purposes. The powers enumerated herein

shall not be construed as purposes, but the Navajo Tribal Utility Authority

shall have and exercise such powers solely in furtherance of, but not in

addition to, the limited purposes set forth in 21 N.N.C. § 5.

History

CJY–52–02, July 17, 2002.

CAP–32–94 amended Subsection (13)(12) increasing debt limitation from thirty

million dollars ($30,000,000) to seventy-five million dollars ($75,000,000).

ACF–29–85, February 19, 1985.

CO–62–80, October 29, 1980 added Subsections 12 and 13.

ACJY–8 5–80, § 1, July 17, 1980.

ACN–149–65, as amended by ACD–158–65, December 13, 1965 and ACJA–8–66, January

28, 1966.

ACN–149–65, as amended by ACD–158–65, December 13, 1965, and ACJA–866, January

28, 1966.

1985 amendment. Subsection (B) (12).

Amended generally.

1980 amendment. Added Subsections (B)(12) and (B)(13).

Applications to put utility lines across rights-of-way. CJN–49–71 provided:

"The Chairman of the Navajo Tribal Council or his designee is hereby authorized

to execute any and all applications or other documents on behalf of the Navajo

Tribe of Indians, for the purpose of securing permission to place utility lines

across rights of way or easements within the Navajo Nation."

Confirmation and ratification of adoption of safety codes and rules. ACAU–164–

66, August 30, 1966, confirmed and ratified resolution No. NTUA–28–66 of the

Utility Authority which adopted specific safety codes and rules.

Consignment of supply contracts. ACAU–152–66, August 10, 1966, consigned the

following utility supply contracts to the Utility Authority:

1. Arizona Public Service Wholesale Power Supply Contract, dated December 1,

1960.

2. Public Service Company of New Mexico, Electrical Service Agreement, dated

July 19, 1962.

3. El Paso Natural Gas Company, Natural Gas Service Agreement, dated February

15, 1963.

4. Continental Oil Company, Natural Gas Service Agreement, dated January 28,

1963.

Compensation. ACMY–74–66 provided for compensation for the Management Board.

Delegation to act. ACMA–21–66, § 5, March 14, 1966, delegated authority for the

Management Board to act in all matters incidental and pursuant to CAP–46–65 and

its approved Plan of Operation.

1966 Amendments. ACJA–8–66, § 2, amended Subsection (B)(10) generally.

Revision note. Slightly reworded for purposes of statutory form.

§ 8. Indemnification of officers, employees, and members of the Management

Board

The Navajo Tribal Utility Authority shall indemnify any officer, employee

or member of the management board or former officer, employee or member of the

management board of the Navajo Tribal Utility Authority, or any person who may

have served at its request as an officer, employee or member of the management

board against reasonable expenses actually and necessarily incurred by him or

her in connection with the defense of any action, suit or proceeding of which

he or she is made a party by reason of being, or having been such officer,

employee or member of the management board except in relation to matters as to

which he or she shall be adjudged in such action, suit or proceeding to be

liable for negligence or misconduct in the performance of duty; or except in

relation to matters in which such employee was acting beyond the scope of his

or her employment. The Navajo Tribal Utility Authority shall also reimburse to

any officer, employee or member of the management board reasonable costs of

settlements of any such action, suit or proceeding if it shall be found by a

majority of the management board other than directors involved in the matter of

controversy (whether or not a quorum exists), that it is in the best interest

of the Navajo Tribal Utility Authority and the Navajo Nation that such

settlement be made and that such officer, employee or member of the management

board was not guilty of negligence or misconduct.

Such rights of

indemnification and reimbursement shall not be deemed exclusive of any other

rights which such officer, employee, or member of the management board may be

entitled to receive.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 9. Membership of Board;

qualifications;

term of office

A. Number. The management board shall consist of seven persons, all of

whom shall be appointed by the Government Services Committee of the Navajo

Nation Council.

B. Qualifications. The members of the management board shall be called

directors, and shall have the following qualifications:

1. Four of the directors shall be members of the Navajo Nation who

speak English with fluency and who have sufficient education and

experience to qualify them for learning utility business practices and

procedures and making sound judgments.

2. Four of the directors shall be persons having not less than 10

years experience in business management of substantial character and at

least two of such persons shall have had such experience in the

management and operation of a utility business.

C. Term of office. Directors shall be elected for the following terms of

office and shall hold office until the qualification and selection of their

successors:

1. The initial management board shall be appointed for a period of

one year or until their successors have been appointed and qualified.

Directors shall be eligible for reappointment.

2. Beginning the second year, the directors shall be selected and

designated by the Government Services Committee in three groups, the

first group of three to serve one year, the second group of two to serve

for two years, and the third group of two to serve for three years.

Thereafter, all terms shall be for three years.

3. Vacancies in the management

Government Services Committee for the

office.

board may be filled by the

unexpired term of the vacant

History

ACF–30–85, February 19, 1985.

1985 amendment. Subparagraph (B)(3):

Deleted.

ACS–194–68, § 2, September 16, 1968.

Amendments 1968. ACS–194–68, § 2, amended this Section by substituting "Four of

the Directors" for "Three of the Directors" in Subsection (B)(1).

Appointment of members. The following resolutions appointed members of the

Management Board of the Navajo Tribal Utility Authority and designated the

expiration dates of the term of such members:

ACS–301–69, §§ 1, 2, September 3, 1969.

ACS–194–68, §§ 3, 4, 5, September 16, 1968.

ACJ–2–68, January 5, 1968.

ACMA–21–66, §§ 2, 3, March 14, 1966.

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

Revision note. Words "Government Services Committee" inserted pursuant CD–68–

89, Resolve #10.

§ 10. Meetings of Board

A. Annual meeting. The annual meeting of the management board shall be

held at 10:30 a.m. on the second Wednesday of October at the principal place of

business, or at such other place as the Board shall fix, commencing with 1966.

No notices shall be required for annual meetings.

B. Regular meetings. The management board shall meet at least quarterly

upon notice fixing the time and place.

C. Special meetings.

Special meetings of the board may be held upon

notice given by the chairperson, or secretary, or by any three members of the

board, at such place as the Board shall direct or as shall be fixed by the

notice.

D. Notice.

1. Notice of meetings stating the time and date, shall be given in

writing by letter, telegram or radiogram properly addressed to each

member according to the latest available enterprise records, not later

than five days nor more than 30 days immediately preceding the meeting

excluding the day of the meeting.

2. Notice may be waived in writing signed by the member or members

entitled to such notices;

whether before or after the time stated

therein, and such waiver shall be deemed equivalent to the giving of such

notice. Attendance of any member at the special meeting shall constitute

a waiver of notice.

E. Quorum.

Five members of the management board shall constitute a

quorum for the transaction of any business.

The act of the majority of the

members present and voting at a meeting at which a quorum is present shall be

the act of the board.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

First meeting.

ACMA–21–66, § 4, March 14, 1966.

§ 11. Executive Committee

A. Designation of committee.

The management board, by resolution duly

adopted, may designate four members of the board, two of whom shall be members

of the Navajo Nation, to constitute an executive committee.

Following such

designation of Executive Committee membership or a modification thereof, the

management board shall give prompt notice in writing to the Economic

Development Committee and the Navajo area director of the members thereof. The

designation of such executive committee and the delegation of the authority

herein granted, shall not operate to relieve the management board, or members

thereof, of any responsibility imposed upon it, or him or her, by law or this

Plan of Operation. No member of the executive committee shall continue to be a

member thereof after he or she ceases to be a member of the management board.

The management board shall have the power at any time to increase the number of

members of the executive committee, to all vacancies thereon, to change any

member thereof, and to change the functions or to terminate the existence

thereof.

B. Powers of the executive committee.

During the intervals between

meetings of the management board, and subject to such limitations as may be

required by resolution of the management board, the executive committee shall

have and may exercise such authority as may be delegated by the board.

All

minutes of meetings of the executive committee shall be submitted to the next

succeeding meeting of the management board for approval, but failure to submit

the same or to receive the approval thereof shall not invalidate any completed

or uncompleted action taken by the enterprise upon authorization of the

executive committee prior to the time at which the same was submitted as above

provided.

C. Procedure, meetings. A chairperson of the executive committee shall

be elected by the management board from among the members of the executive

committee and shall preside at meetings of the executive committee and perform

all duties incident to the office of the chairperson of the executive

committee, and such other duties as, from time to time, may be assigned to him

or her by the management board or the executive committee. The secretary of

the enterprise shall keep a record of the acts of the executive committee and

its proceedings.

In the absence of the secretary, the chairperson of the

management board shall designate a person to act in said capacity.

D. No individual authority. The members of the executive committee shall

act only as a committee, and the individual members shall have no power as

individuals.

E. Notice. Notices of all meetings of the executive committee shall be

given by the chairperson, the secretary, or any member thereof, in the manner

provided in 21 N.N.C. § 10(D), and may be waived as therein provided.

F. Quorum.

The presence of not less than three members shall be

necessary to constitute a quorum for the transaction of business and the act of

the majority of the members present and voting at a meeting at which a quorum

is present shall be the act of the Committee.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

Note.

Reformatted for purposes of statutory form.

§ 12. Principal officers

The principal officers of the enterprise shall consist of the following:

A. Chairperson of the management board and chairperson of the

executive committee, which positions may be, but need not be, held by the

same person.

B. Secretary and a treasurer, who need not be members of the

management board or of the executive committee.

C. General manager, who shall not be a member of the management

board.

D. In the discretion of the board, there may be a vice-chairperson

of the board, assistant secretary, and assistant treasurer. Any two of

these positions may be held by the same person.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

Note.

Reformatted for purposes of statutory form.

§ 13. Powers and duties

A. All officers and agents of the enterprise shall have the following

duties and such other duties as may be determined by resolution of the

management board, not inconsistent with this Chapter:

1. The Chairperson of the Board. The chairperson of the management

board shall be chosen from among the members of the Board, shall preside

at all meetings of the board if present, and shall, in general, perform

all duties incident to the office of the chairperson of the board and

such other duties as, from time to time, may be assigned by the

management board. If a vice-chairperson is elected, he or she shall act

in the capacity of the chairperson in the absence of the latter, and

shall discharge any other duties designated by the chairperson.

2. The Secretary. The secretary shall keep, or cause to be kept

the minutes of the meeting of the management board and the executive

committee. The secretary shall see that all notices are duly given in

accordance with provisions of this Chapter.

The secretary shall be

custodian of the seal and records, and in general, shall perform all

duties incident to the office of the secretary, and such other duties as

may, from time to time, be assigned by the management board, the

chairperson, or the executive Committee.

3. The Treasurer. The treasurer shall be the financial officer of

the enterprise and shall have charge and custody of, and be responsible

for, all funds of the enterprise, and shall deposit such funds in such

banks, trust companies, or other depositories as shall have been approved

by the management board. The treasurer shall receive and give receipts

for monies due and payable to the enterprise from any source whatsoever;

and, in general, shall perform all duties incident to the office of the

Treasurer and such other duties as, from time to time, may be assigned by

the management board, the chairperson, or the executive committee. The

treasurer shall render to the chairperson and the board, whenever the

same may be required, an account of all transactions as treasurer and of

the financial condition of the enterprise. The treasurer shall, at the

expense of the authority, give a bond for the faithful performance and

discharge of the, duties in such amount, so conditioned, and with such

surety or sureties as the management board may require.

4. General Manager.

The general manager shall be principal

operating executive of the enterprise and shall have direction of all

parts of the actual operations. The general manager shall be responsible

to the management board as a principal operating executive of a public

service corporation normally would be. The general manager shall render

reports to the board and perform all other functions and duties specified

in 21 N.N.C. § 18 for the general manager.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

CO–62–80;

the Navajo Nation Council directed the Authority to give

consideration to the special circumstances of the lands in the Former Joint Use

Area in determining priorities of establishment or expansion of services.

§ 14. Election;

term of office;

qualifications

The officers with the exception of the general manager, shall be chosen

annually by the management board at its annual meeting, or as soon after such

annual meeting as newly appointed directors shall have qualified. Each officer

shall hold office until a successor is chosen and qualified, or until death, or

until the general manager shall have resigned, or shall have been removed in

the manner provided herein.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 15. Removal

Any officer or agent elected or appointed by the board may be removed by

the management board whenever, in its judgment, the best interest of the

enterprise will be served thereby, but in the absence of dereliction in duty,

negligence or malfeasance in office, or any other good cause shown, such

removal shall be without prejudice to the contract rights, if any, of the

persons who are removed; provided, however, the general manager may be removed

only pursuant to any approved contract provisions.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 16. Resignation;

vacancies

Any officer may resign at any time by giving written notice to the

management board, or to the chairperson, or secretary; such resignation shall

take effect at the time specified therein, and, unless otherwise specified

therein, the acceptance of such resignation shall not be necessary to make it

effective. Any vacancy in any office because of death, resignation, removal,

or any other cause shall be filled for the unexpired portion of the term in the

manner prescribed herein for election or appointment to such office.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 17. Other officers and agents

The management board may appoint such other officers and agents as it

deems necessary or expedient, and may determine their duties, as well as the

terms of their holding office.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 18. General Manager;

functions;

duties

A. The general manager shall be employed under a written employment

contract subject to approval by the Navajo Nation Council and the Secretary of

the Interior or authorized representative, and shall be responsible to the

management board.

B. The function of a general manager shall be analogous to that of the

president of a public service corporation.

The general manager shall, among

other things, execute the general policies formulated by the management board

and organize the operation of the enterprise into departments each with its own

specific duties and responsibilities.

C. The general manager shall exercise best judgment in the determination

of the ways and means by which general policy set forth by the management board

is to be effectuated.

D. The general manager shall be the active, operating executive of the

enterprise and shall prepare plans and annual budgets; and make suggestions as

to policies and any proposals for improvements.

E. The general manager shall have the full authority and control over all

employees of the enterprise and shall be responsible for all department heads

or other executives carrying out their assignments.

F. The general manager shall be responsible for the general supervision

of the performance of staff in respect to all matters such as conformance to

approved budgets, standards, program inspection, cost control, employee

relations and in-service training.

G. The general manager shall render regular reports to the board and

perform all other functions and duties specified in this Chapter.

H. The general manager shall be furnished with transportation and shall

be reimbursed for any personal expenses that he or she may incur in the

performance of responsibilities.

I. The general manager shall employ competent department heads for the

usual functional responsibilities for each department.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

§ 19. Accounting;

fiscal year

The accounting system for the authority shall be maintained in accordance

with generally accepted utility accounting practices.

Financial operating

statements shall be provided to the Speaker of the Navajo Nation Council, the

Bureau of Indian Affairs, and the management board on a regular basis.

The

fiscal year of the authority shall be January 1st to December 31st.

History

ACO–135–81, § 1, October 14, 1981.

1981 amendment. Amended generally and changed the fiscal year for the Authority

to a calendar year to facilitate borrowing from the Rural Electrification

Administration.

§ 20. Records;

inspection;

audits

The books, records and property of the authority shall be available for

inspection at all reasonable times by authorized representatives of the Navajo

Nation, and upon notice to the Economic Development Committee of the Navajo

Nation Council, by representatives of the Secretary of the Interior.

The

accounts and records of the Authority shall be audited at the close of each

fiscal year in accordance with the provisions of 21 N.N.C. § 7(B). Copies of

such audit reports shall be furnished to the parties receiving copies of the

financial and operating statements and to the Economic Development Committee of

the Navajo Nation Council.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965, and ACJA–8–66, January

28, 1966.

§ 21. Insurance

Insurance, including liability, adequate and sufficient to protect the

interests of the United States and the Navajo Nation from losses by fire or

other disaster shall be carried on all property of the enterprise.

History

ACN–149–65, as amended by Res.

§ 22. Rates and charges

ACD–158–65, December 13, 1965.

A. All rates and charges for utility services shall be adopted by the

management board after formal public hearing for which adequate notice as the

board may determine has been given.

B. The management board may, in their sole discretion, negotiate with

large users of a particular utility service for special rates and charges,

provided, however, that such negotiated rates shall be demonstrated to be fair

and equitable to all other customers or users of the Navajo Tribal Utility

Authority services.

C. Procedures shall be established by the Economic Development Committee

of the Navajo Nation Council to provide for appeals of rate decisions to an

impartial review board composed of specialists on utility rates.

History

ACN–149–65, as amended by ACD–158–65, December 13, 1965.

Confirmation and ratification of Tariff Rules and Regulations. ACJN–95–66, June

15, 1966, confirmed and ratified all provisions included in the Authority's

Tariff Rules and Regulations.

§ 23. Pledges and security interests

Any pledge of, or security interest in, personalty, fixtures, revenues or

other monies or funds, or of a revenue-producing contract or contracts made by

the authority shall be valid and binding from the time when the pledge is made

or the security interest is given;

the personalty, fixtures, revenues, or

other monies or proceeds of any contract or contracts so pledged or secured and

thereafter received by the authority shall immediately be subject to the lien

of such pledge or security interest without any physical delivery thereof or

further act;

and the lien of any such pledge shall be valid and binding as

against all parties having claims of any kind in tort, contract or otherwise

against the Authority irrespective of whether such parties have notice thereof.

Neither the resolution, nor any other instrument by which a pledge or security

interest is created need be recorded.

History

Advisory Committee Res.

ACJY–85–80, § 1 (b), July 17, 1980.

CO–62–80, October 29, 1980.

Revision note.

Slightly reworded for purposes of statutory form.

§ 24. Exemption from levy and execution

All property, including funds, of the authority shall be exempt from levy

and sale by virtue of an execution, and no execution or other judicial process

shall issue against such property nor shall any judgment against the authority

be a charge or lien upon its property; provided, however, that this Section

shall not apply to or limit the right of noteholders or bondholders to pursue

any remedies or rights, including, but not limited to, possession, execution,

attachment, and sale of security, for the enforcement of any pledge or lien

given by the authority on its property, including personalty,

revenues, rates, fees, or other income of any other funds.

fixtures,

History

CO–62–80, October 29, 1980.

§ 25. Liability of authority

A. The Navajo Nation Council does hereby pledge to contract and agree

with any person, firm or corporation, or any federal, Navajo Nation or state

agency subscribing to or acquiring notes or bonds of the authority issued for

the purposes of the authority, that it obligates itself not to limit or alter

the rights or powers vested in the authority until all such notes or bonds at

any time issued, together with interest thereon are fully met, paid and

discharged.

The Navajo Nation Council does further pledge to, contract and

agree with any federal agency, that in the event any such agency shall loan or

contribute any funds for construction, extension, improvement or enlargement of

any facilities, the Navajo Nation Council will not alter or limit the rights or

powers of the authority in any manner which would be inconsistent with the

continued operation and maintenance of such facilities or the extension,

improvement or enlargement thereof, or which would be inconsistent with the due

performance of any agreements between the Authority and any such federal

agency; and the authority shall continue to have and may exercise all rights

and powers under its plan of operation, so long as the same shall be necessary

or desirable for the carrying out of its purposes and those of any federal

agency loaning or contributing funds for the construction, extension,

improvement or enlargement of any facilities.

B. Any agreements of the authority with the Corps of Engineers of the

Department of the Army of the United States regarding construction, extension,

improvements, enlargement, or protection on any facilities may be enforced

against the authority in the appropriate federal district court of appropriate

jurisdiction, or in the courts of the Navajo Nation according to their

respective terms, including any obligation of the Authority to pay compensatory

damages in the event of failure to perform.

C. The foregoing shall be construed as an explicitly limited exception to

the sovereign immunity of the Navajo Nation and shall not be construed to waive

any immunity of the Navajo Nation, nor to extend any liability to any assets,

revenues or income of the Navajo Nation, other than those of the Authority.

Otherwise, the provisions of the Navajo Sovereign Immunity Act (as amended)

shall not be deemed altered or amended.

History

CO–62–80, October 29, 1980, as amended generally by CF–6–88, February 3, 1988.

1988 Amendment. Added Subsections (B) and (C).

1980 Amendment. Added Subsection (A).

Cross References

The Navajo Sovereign Immunity Act, see 1 N.N.C. § 551 et seq.

§ 26. Remedies of note or bondholders

A. Subject to any contractual limitations binding upon the holders of any

issue of notes or bonds, or trustees therefor, including but not limited to the

restriction of the exercise of any remedy to a specified proportion or

percentage of such holders, any holder of any note or bond, or trustee

therefor, shall have the right and power, for the equal benefit and protection

of all holders of notes or bonds similarly situated:

1. By mandamus or other suit, action, or proceeding at law or in

equity in the Courts of the Navajo Nation to compel the authority and its

board, officers, agents or employees to perform and carry out their

duties and obligations under the authority's plan of operation, and their

covenants and agreements with such holders;

2. By action or suit in equity to require the authority and the

board thereof to account as if they were the trustees of an express

trust;

3. By action, suit or other proceeding at law or in equity to have

a receiver appointed and/or to enforce any pledge, lien or security

agreement given in connection with the issuance of any note or bond, such

enforcement right to include the power to possess, control and sell the

security in accordance with the applicable security agreement, lien or

pledge;

4. By action or suit in equity against the Authority or its Board

to enjoin any acts or things which may be unlawful or in violation of the

rights of the note or bondholders; and

5. To bring suit against the authority upon the notes or bonds,

security instruments or loan contracts.

B. No remedy conferred by this Section upon any holder of the notes or

bonds, or any trustee therefor, is intended to be exclusive of any other

remedy, but each such remedy is cumulative and in addition to every other

remedy, and may be exercised without exhausting and without regard to any other

remedy conferred by this resolution or by any other law.

No waiver of any

default or breach of duty or contract, whether by any holder of the notes or

bonds, or any trustee therefor, shall extend to or shall effect any subsequent

default or breach of duty or contract or shall impair any rights or remedies

thereon.

No delay or omission of any note or bondholder, or any trustee

therefor, to exercise any right or power accruing upon default shall impair any

such right or power or shall be construed to be a waiver of any such default or

acquiescence therein. Every substantive right and every remedy, conferred upon

such holder may be enforced and exercised from time to time as often as may be

deemed expedient. In case any suit, action or proceeding to enforce any right

or exercise any remedy shall be determined adversely to the holder of the note

or the bond, or any trustee therefor, then and in every such case the Authority

and such holder, or such trustee, shall be restored to their former positions

and rights and remedies as if no such suit, action or proceeding had been

brought or taken.

C. The foregoing shall be construed as a limited exception to the general

principles of Sovereign Immunity and shall not be construed to waive any

immunity of the Navajo Nation, nor to extend any liability to any assets,

revenues or income of the Navajo Nation other than the authority. Otherwise,

the provisions of the Navajo Nation Sovereign Immunity Act (as amended) shall

not be deemed altered or amended.

History

ACJN–99–86 amended Subsection (C).

CO–62–80, October 29, 1980.

Revision note. Slightly reworded for purposes of statutory form.

Cross References

Navajo Sovereign Immunity Act, see 1 N.N.C. § 551 et seq.

§ 27. Lands in Former Joint Use Area

The Navajo Nation Council directs the Navajo Tribal Utility Authority to

give consideration to the special circumstances of those lands in the Former

Joint Use Area added to the Navajo Nation by the judgment of partition of

February 10, 1977, in determining priorities of establishment or expansion of

services.

History

CO–62–80, October 29, 1980.

Subchapter 2. Ramah Navajo Utility Authority

History

ACS–151–86, September 23, 1986.

Enactment.

§ 51. Establishment

A. There is established the Ramah Navajo Utilities Authority within the

Ramah Navajo Chapter (hereinafter referred to as "authority").

B. A board of commissioners is delegated authority and responsibility for

the management and operation of the authority.

C. The principal office of the authority shall be on the Ramah Navajo

Reservation, Cibola County, New Mexico.

D. The authority may also have offices at such other place or places as

the board of commissioners may from time to time direct and/or deem necessary.

History

ACS–151–86, September 23, 1986.

§ 52. Purposes and objectives

A. The general purpose of the authority is to provide, maintain, and

establish utility services on a cost-effective basis to the residents of the

Ramah Navajo Reservation and nearby communities.

B. Objectives of the Authority are:

1. To operate, maintain, and promote existing utility systems

furnishing water, sewer, electric, telephone, gas, solar, and solid waste

services on the Ramah Navajo Reservation.

2. To expand and execute such

systems as are efficient and feasible.

extensions

of

existing

utility

3. To plan for, provide and furnish feasible utility services to

all areas of the Ramah Navajo Reservation.

4. To secure funding from either private or public sources on a

contractual basis for the Ramah Navajo Community and others.

5. To seek public or private utility services in the furtherance of

Ramah Navajo community health and welfare.

6. To establish and maintain executive offices and facilities to

employ professional staff, personnel and others necessary to accomplish

the above purposes.

7. To receive contributions by gift, bequest, devise, grant and

personal or mixed property from any person, firm, corporation, state,

local, federal or tribal government, upon such terms and conditions as

the board of commissioners shall deem reasonable and in the best interest

of the authority.

8. To establish reasonable rates to apply to all operating

expenses, purchase of equipment, establish reserves for future capital

replacements and expansion of the utility systems.

9. To do everything necessary, proper, advisable, and/or convenient

for the accomplishment of the purposes and objectives in accordance with

applicable laws, rules and regulations.

History

ACS–151–86, September 23, 1986.

Revision note.

Slightly reworded for purposes of form and clarity.

§ 53. Membership of commissioners;

selection;

terms of office

A. The members of the board of commissioners shall be nominated, selected

and approved at a regularly scheduled chapter meeting.

The board of

commissioners shall consist of five members, 18 years of age or older,

representing the five local grazing district units; each member shall live in

the grazing district unit which each represents.

B. The terms of the members of the board of commissioners shall be as

follows:

1. From District Unit #1—Two years;

2. From District Unit #2—Three years;

3. From District Unit #3—Three years;

4. From District Unit #4—Four years;

5. From District Unit #5—Two years;

Members may serve consecutive terms for an indefinite number of terms.

C. Any member of the board of commissioners can resign at any time. In

such an event, a vacancy shall be declared and filled through the procedure

specified above at a regularly scheduled chapter meeting.

D. No elected chapter official shall serve on the board of commissioners.

History

ACS–151–86, September 23, 1986.

§ 54. Removal

A. Any member of the board of commissioners may be removed from the board

for any of the following causes or reasons:

1. Failure to attend two consecutive regular board meetings without

reasonable written justification;

such failure shall be deemed

abandonment of the position on the board of commissioners.

2. Habitual use of alcohol or substance abuse which reflects upon

the integrity and prestige of the board of commissioners.

3. Conviction of a felony.

4. Other just cause as determined by the board of commissioners

upon approval of the Ramah Navajo Chapter.

B. Any member of the board of commissioners who is removed has the right

to file a grievance petition in writing within five calendar days after receipt

of the notice of removal to the president of the board of commissioners.

C. Within five calendar days of receiving the written grievance petition

submitted by the aggrieved party, the president of the board of commissioners

shall call a board meeting to address the grievance.

History

ACS–151–86, September 23, 1986.

§ 55. Meetings of board of commissioners

A. The board of commissioners shall hold a minimum of 12 meetings per

year, and at the discretion of the president, any number of special meetings

may be called as deemed necessary.

B. Three members of the board of commissioners shall constitute a quorum

necessary for the conduct of official business. A majority vote of the members

present shall be necessary to approve any action of the board of commissioners.

C. All proceedings of the board of commissioners shall be open to the

public except for discussion of personnel and/or personal matters. A meeting

may be closed to discuss such matters upon the majority vote of members present

at said meeting.

D. Notice of meetings shall be posted at least a week in advance in

public locations throughout the community for public participation.

History

ACS–151–86, September 23, 1986.

§ 56. Election and duties of officers

A. At its initial board session, the members of the board of

commissioners shall nominate, select and approve a president, vice-president,

and secretary.

B. The elected officers shall serve according to their terms unless

removed by the board of commissioners as provided for in § 54 of this

Subchapter.

C. The president shall call and preside at all meetings. The president

shall represent the board of commissioners at chapter meetings and other

meetings on and off Ramah Navajo Reservation lands to further the purposes and

objectives of the authority.

D. The vice-president shall be vested with the responsibilities and

duties of the president in the event of the president's absence and as

delegated.

E. The secretary shall be responsible for:

1. Maintaining the records of all proceedings of the board of

commissioners;

2. Publicizing all meetings;

and

3. Carrying out other delegations of authority and assignments

together with the staff.

History

ACS–151–86, September 23, 1986.

§ 57. Staffing and compensation

Staff shall be retained as needed to carry out the purposes and duties of

the authority. Ramah Navajo Chapter programs or executive offices may detail

personnel to assist the authority as staff.

Appropriate competitive

compensation shall be made from available sources approved by the board of

commissioners and authorized by the chapter program or executive office.

History

ACS–151–86, September 23, 1986.

§ 58. Liability exemption

The private property of the authority members, officers, and staff shall

be exempt from liability, damage, or injury, debt or obligation arising out of

the authority management and operations.

History

ACS–151–86, September 23, 1986.

§ 59. Conflict of interest

Members of the board of commissioners who have a personal business

interest or close family relationship in business or personal matters brought

before the board of commissioners shall not participate in proceedings of the

board of commissioners regarding the matters nor shall they vote on such

matters.

History

ACS–151–86, September 23, 1986.

§ 60. Amendment

This plan of operation may be repealed, amended and/or revised, upon

recommendation of the board of commissioners, by the Ramah Chapter at a regular

chapter meeting with the approval of the Government Services Committee of the

Navajo Nation Council.

History

ACS–151–86, September 23, 1986.

Revision note.

This Subchapter has been reworded for form and clarity.

Chapter 2. Diné Power Authority

History

CJA–2–96, January 19, 1996.

Revision note. Diné Power Authority was previously codified as Chapter 2, §§

101–123, Title 21, Navajo Nation Code.

§ 201. Creation

A. There is established an authority of the Navajo Nation to be known as

the Diné Power Authority ("authority"), in order to provide an instrumentality

of the Nation to participate in the development of a major coal-fired,

mine-mouth steam electric generating station to be located within the extended

boundaries of the Navajo Reservation in northwestern New Mexico, together with

all common facilities, transmission facilities and water facilities relating

thereto, and related infrastructure, community development, communications,

transportation and support service facilities and job training and other

programs;

and to conduct overall development and operations of high voltage

transmission lines, related transmission facilities, switchyards, substations,

electric generation production, renewable energy research and development, and

related power and energy development on the Navajo Nation necessary to

vertically and horizontally integrate the Navajo Nation's power, utility and

resource infrastructure.

The Authority is authorized to participate in the

above activities or projects and any part thereof. The projects or activities

developed, in whole or in part, may be located within or outside the extended

boundaries of the Navajo Nation or on lands selected by the Navajo Nation

pursuant to the Navajo–Hopi Settlement Act.1

B. The Navajo Nation Council hereby finds and declares that the creation

of the Authority is necessary and desirable in order to promote the development

of the Navajo Nation's resources and new sources of electric energy and

transmission capacity, to develop the social, economic and cultural well-being

of Navajo People including those subjected to relocation from Hopi Partitioned

Lands, to promote the economic vitality of the Navajo Nation through the

production of goods and services, the employment of Navajo People and the

utilization of Navajo businesses, to promote the efficient utilization and

distribution of energy, to facilitate management of the Navajo Nation's

interest in energy development activities and to limit the Navajo Nation's

liability with respect thereto.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 202. Name, location and place of business

A. The name of the authority, instrumentality and enterprise of the

Navajo Nation formed herein shall be "Diné Power Authority".

B. The principal place and headquarters of business and the offices of

the authority shall be at Window Rock, Navajo Nation, Arizona.

C. The authority may also have offices at such other place or places as

the board of directors may from time to time direct or as the activities of the

Authority shall require.

D. The authority is and shall remain an authority, instrumentality and

enterprise of the Navajo Nation, subject at all times to the control of the

oversight authorities delegated by the Nation Council, and shall not become or

attempt to become a corporation under the laws of any state or other

governmental entity, without prior approval of the Navajo Nation Council.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

Revision note. Subsection (b):

office deleted.

Reference to post office address of principal

1989 Amendments to Title 2 placed enterprises under the oversight of the

Economic Development Committee of the Navajo Nation Council.

§ 203. Identification

The identification of this authority shall be by seal, insignia or logo

as approved by the board of directors and may be changed from time to time as

warranted.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 204. Duration

The duration of the authority is perpetual.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 205. Purposes

A. General.

follows:

The purposes for which the authority is organized are as

1. To participate in energy development activities and projects,

directly or indirectly, independently or with other private or public

entities or enterprises, in partnership, venture, or other association or

arrangement of any kind, to provide for the ownership, design,

construction, equipping, supply, maintenance, financing and operation of

the activities and projects and the sale, wheeling or distribution of

power, energy and transmission services from the activities and projects,

the mitigation of impacts of the activities and projects and the

provision of community and other services and programs related thereto;

and to provide or facilitate the provision of bulk power and electricity

to other Navajo enterprises.

2. To provide training and employment opportunities for Navajo

People and businesses in the acquisition, construction, management and

operation of the activities and projects and the authority.

3. To facilitate the economic and community development of the

Navajo Nation through the activities and projects to promote and enhance

self-determination, to apply to and invest in the activities and projects

such resources of the Navajo Nation as are contributed or conveyed to the

authority for such purpose, and to facilitate the administration of the

Navajo Nation's involvement with the activities and projects.

4. To provide a fair return to the Navajo Nation and the Navajo

people on its investment in the authority through declaration of

dividends and distribution of profits, through participation with other

Navajo enterprises to promote vertical and horizontal power and energy

integration, and through the delivery and transmission of low cost, safe,

reliable and efficient power and electricity, that is consistent with

economic development and self-determination objectives.

5. To manage and administer, in consultation with the Navajo–Hopi

Land Commission, any resources or revenues acquired from the lands

selected by the Navajo Nation and as developed by the authority pursuant

to the Navajo–Hopi Settlement Act of 1974,1 solely for the benefit of

Navajo relocatees designated in the Act, or the transfer of any such

resources or revenues to any entities established by the Navajo Nation

for the purpose of administration of benefits on behalf of such

relocatees.

B. Ancillary.

To do everything necessary, proper, advisable, or

convenient for the accomplishment of the purposes herein above set forth, and

do all things incidental thereto or connected therewith, which are not

forbidden by law or this plan of operation.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 206. Control of authority

It is intended that the control and activities of this authority shall be

patterned as closely as is feasible on the fines of an agency or

instrumentality of the Navajo Nation as a public government and domestic

sovereign nation with board of directors performing policy-making functions for

such an agency or instrumentality.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 207. Board of Directors;

purpose;

duties and powers

A. Direction of purposes and exercise of powers by board of directors.

Subject to applicable laws and regulations, the authority shall be managed by

or under the direction of the board of directors which shall direct the

purposes and exercise the following powers and duties:

1. The board of directors is delegated authority and responsibility

for the activities of the authority.

2. The board of directors is authorized to accomplish the purposes

set forth in § 205 hereof and to exercise the powers set forth in

Subsection (B) below without previous authorization or subsequent

approval of the Navajo Nation Council and all parties dealing with the

authority shall have the right to rely upon any action taken by the board

of directors pursuant to this authorization.

3. The board of directors shall exercise full power and shall be

responsible for participation of the authority in the activities and

projects (including the custody, management, operation, inventory, and

maintenance of all property and facilities of the authority relating to

the activities and projects), and the taking of any and all usual,

necessary and convenient actions, incidental thereto including, should it

be deemed advisable or desirable, the borrowing of funds, participation

in other organizational entities, and the making of contracts or

commitments which it deems necessary or advisable for participation in

the activities and projects.

4. The board of directors may authorize the authority to enter into

a project agreement or agreements for participation in the activities and

projects on such terms as it deems necessary or advisable, including

without limitation as owner, co-owner, partner, venturer, shareholder,

trustor, trustee, beneficiary or some other capacity, and may designate

one of its members, an officer or other person as a representative of the

authority on any governing or other body related to the activities and

projects.

5. The board of directors shall function in much the same capacity

as an appointed board of an agency or instrumentality of the Navajo

Nation as a public government and domestic sovereign nation, and shall be

responsible for making investment decisions subject to the limitations

contained herein; for any advance of funds; for the establishment and

maintenance of effective policies;

for the selection of management

personnel and for continuous supervision of the activities and projects.

6. The board of directors shall exercise its authorized powers in

good faith in a manner which it believes to be in the best interests of

the Navajo Nation and in full compliance in accordance with the Ethics in

Government Law of the Navajo Nation.

7. The board of directors shall select from its own membership a

Chairman of the Board and other officers; and it shall adopt such rules

as it may determine necessary for the orderly conduct of its business.

8. Minutes of each meeting shall be made available after each

meeting to the Economic Development Committee of the Navajo Nation

Council, and such other officials as may be designated from time to time.

9. Directors shall be reimbursed for reasonable expenses actually

and necessarily incurred in participating in all meetings, and the board

of directors may, at its discretion, propose a fee to be paid to its

members on any reasonable basis and not exceeding that paid by comparable

enterprises' boards of directors within the Navajo Nation.

10. The chairman of the board or his or her designee shall make a

formal written report to the Navajo Nation Council and the Economic

Development Committee of the Navajo Nation Council not less often than

semi-annually and in such report shall include a summary of the

Authority's financial condition.

11. The board of directors may delegate the management of the

day-to-day operation of the authority to the general manager or acting

general manager, and in exercising its authority hereunder, may rely on

its officers and other experts. The board of directors shall establish

policies and retain responsibility for ultimate direction of the affairs

of the authority but shall give usual and essential latitude to the

general manager and his or her delegated employees, after establishing

limitations on amounts which may be expended without specific approval of

the board of Directors and any additional restraints on relationships

with related persons and on other conflict of interest situations.

12. No contract or other transaction between the authority and any

one of the members of the board of directors, or between the authority

and any corporation, partnership, firm or other legal entity in which one

or more of the members of the board of directors has a financial

interest, directly or indirectly, shall be valid, for any purpose, unless

the entire interest of the director or directors in such corporation,

firm or other legal entity is fully disclosed to the board of directors

and the proposed contract or transaction shall be approved, ratified or

confirmed by the affirmative vote of at least a majority of the members

of the entire authority board who are not so interested.

Any director

who has such a material financial interest may not vote on any matter

affecting or affected by that interest, and must recuse him or herself

from all discussions concerning any transaction involving that interest.

13. a.

Except as provided in subdivision (b), in investing,

reinvesting, purchasing, acquiring, exchanging, selling and managing the

authorities investments, the board of directors shall:

(1) avoid

speculation (other than as may be associated with investments in the

Project);

and (2) comply with any standards imposed by the plan of

operation or express terms of an instrument or agreement pursuant to

which the assets were contributed to the authority.

b. No investment violates this Subsection where it conforms

to the provisions authorizing such investment contained in an instrument

or agreement pursuant to which the assets were contributed to the

Authority.

c. In carrying out duties under this Subsection, each

director shall act as required by the standard of conduct applicable to

public officials, and may rely upon others in performing the duty of

director to the extent of relying on information, opinions, reports or

statements including financial statements and other financial data, in

each case prepared or presented by one or more officers or employees of

the authority, counsel, independent accountants or other persons as to

matters which the director believes to be within such person's

professional or expert competence or a committee of the board of

directors as to such matters the director believes to reasonably merit

confidence, so long as, in any such case, the director acts in good

faith, after reasonable inquiry when the need therefor is indicated by

the circumstances, and without knowledge that would cause such reliance

to be unwarranted.

14. Any action required or permitted to be taken by the board of

directors may be taken without a meeting, if all directors shall

individually or collectively consent in writing to such action.

Such

written consent or consents shall be filed with the minutes of the

proceedings of the board of directors.

B. Enumerated powers.

Subject to approvals where required and any

applicable laws and regulations, and solely in furtherance of the limited

purposes set forth in § 205 of this plan of operation, the authority shall have

the following powers which may be exercised by or under the direction of the

board of directors:

1. Territorial jurisdiction.

in any other jurisdiction.

To qualify to conduct its activities

2. Capacity to act.

To act in any capacity as a natural person

would act and to participate with others in any partnership, joint

venture or other association, transaction or arrangement of any kind,

whether or not participation involves sharing or delegation of control

with or to others.

3. To appoint officers and agents. To elect or appoint officers,

agents, engineers, auditors, accountants, appraisers, counsel and other

professional consultants as in the opinion of the board of directors may

be needed from time to time, and to define their duties and compensation

subject to Navajo Nation law.

The board of directors, at authority

expense, shall require the bonding of all officers, agents or employees

responsible for the handling or safeguarding of funds, property or other

assets of the authority consistent with policies applicable to officials

of the Navajo Nation. The board of directors may delegate to the general

manager the

activities.

election

and

appointment

of

agents

for

operational

4. To act as agent. To act in any state, territory, district, or

possession of the United States, or in any foreign country for and on

behalf of the authority.

5. To deal in real property.

To acquire (by purchase, exchange,

lease, hire or otherwise) utilize, improve, manage, operate, and to sell,

lease, or mortgage, either alone or in conjunction with others having an

interest therein, real estate of every kind, character and description

and any interest therein, necessary or incidental to the purposes set

forth in § 205 of this plan of operation, title to all such acquired real

property or interest therein may be taken in the name of the authority

and title to all trust or restricted real property shall be and remain in

its trust or restricted status unless otherwise legally transferred to

the authority; and to convey any such real property or interest therein

(including without limitation any granted right-of-way for transmission

lines and other facilities or operations related to the activities and

projects) to the activities and projects or others pursuant to the terms

of any agreement related to or in connection with the activities and

projects.

6. To deal in personal property.

To deal in personal property,

including intangibles, generally. To acquire (by purchase, application,

transfer, exchange, lease, hire or otherwise), hold, own, manage,

operate, mortgage, pledge, hypothecate, exchange, sell, deal in and

dispose of, either alone or in conjunction with others, personal

property, including without limitation, equity securities and inventions,

copyrights, trademarks and other intangibles, and interests therein, of

every kind, character and description.

7. Depository. To designate and approve all depositories used for

the deposit of funds of the authority.

8. To make contracts.

In addition to the authority described in

Subsection (A)(4) of this plan of operation regarding participation in

activities and project agreements, to enter into, make, perform and carry

out or cancel and rescind contracts for any lawful purpose pertaining to

its purposes and activities.

9. To approve budgets.

To give initial approval to annual

authority budgets, and to take final approval action with reference to

the use of funds under the exclusive control of the authority for

operating, capital and other purposes.

10. To borrow funds.

With the prior approval of the Economic

Development Committee of the Navajo Nation Council, to borrow money, make

and issue debt securities of the authority evidencing such borrowing, and

to secure payment thereof by pledge of, or lien on, all or any of its

fixtures, personalty, revenues, income, contracts or other property and

income (subject to any restraints thereon imposed under law) and to

purchase, redeem, receive, take or otherwise acquire any of such

obligations.

11. To accept grants or loans. To accept grants or loans from, and

enter into contracts, agreements or other transactions with any local

government, state and federal agencies, the government of the Navajo

Nation or agencies thereof, and to expend the proceeds thereof.

12. To lend money. To lend money or otherwise use its credit for

the development of its activities and projects.

13. To sue or be sued. To bring suit in its name and (subject to

the Navajo Nation Sovereign Immunity Act and other limitations)

contractually waive its immunity to suit.

14. To create sub-entities. To create sub-divisions, sub-entities

and subsidiaries for purposes of separating and furthering authority

project.

C. Ancillary powers.

To have and exercise all

convenient or incidental to the authority's express powers.

powers

necessary,

D. No construction of powers as purposes. The powers enumerated herein

shall not be construed as purposes but the authority shall have and exercise

such powers solely in furtherance of, but not in addition to, the limited

purposes set forth in this plan of operation in § 205 hereof. A declaration of

the board of directors that its powers are being so exercised shall be

conclusive evidence thereof on which third parties dealing with the Authority

may rely.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

Cross References

Navajo Sovereign Immunity Act, see 1 N.N.C. §§ 551–555.

§ 208. Indemnification of officers, employees and members of the Board of

Directors

While acting in their official capacities the authority shall indemnify

any officer, employee or member of the board of directors or former officer,

employee or member of the board of directors, or any person who may have served

at its request as an officer, employee or member of another entity, against

reasonable expenses actually and necessarily incurred by him or her in

connection with the defense of any action, suit or proceeding in which he or

she is made a party by reason of being, or having been such officer, employee

or member of such entity; except in relation to matters as to which he or she

shall be adjudged in such action, suit or proceeding to be liable for

negligence or misconduct in the performance of duty. The authority shall also

reimburse to any officer, employee or member of the board of directors or such

other entity, reasonable costs of settlements of any such action, suit or

proceeding if it shall be found by a majority of the board of directors other

than directors involved in the matter of controversy (whether or not a quorum

exists), that it is in the best interest of the authority and the Navajo Nation

that such settlement be made and that such person was not guilty of negligence

or misconduct. Such rights of indemnification and reimbursement shall not be

deemed exclusive of any other rights which such person may be entitled to

receive, but shall be subject to any applicable limitation thereon.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

Cross References

Navajo Sovereign Immunity Act, see 1 N.N.C. §§ 551–555.

§ 209. Membership of Board of Directors;

removal

qualifications;

term of office;

A. Number. The board of directors shall consist of seven persons. All

members of the board of directors shall be appointed by the President of the

Navajo Nation and shall be confirmed by the Economic Development Committee of

the Navajo Nation Council.

B. Qualifications. The members of the board of directors shall be called

directors, and shall collectively have the following qualifications:

1. One director shall have an accounting or finance background.

2. One director shall have an engineering background.

3. At least four Directors shall be members of the Navajo Nation,

of whom at least one shall reside in areas impacted or otherwise affected

by the Navajo–Hopi Land Dispute.

4.

Affairs.

No

director

shall

be

an

employee

of

the

Bureau

of

Indian

5. One director shall be a member of the Economic Development

Committee of the Navajo Nation Council and shall serve as an ex-officio

member who shall be a non-voting member, but shall have a right to

participate in all meetings of the board.

6. One director shall be a member of the Resources Committee of the

Navajo Nation Council and shall serve as an ex-officio member who shall

be a non-voting member, but shall have a right to participate in all

meetings of the board.

7. One director may possess sufficient qualifications so as to meet

more than one requirement as set out in 1 through 4 above.

8. The directors appointed by the Economic Development Committee

and the Resources Committee of the Navajo Nation Council shall serve at

the discretion of the respective committees.

C. Term of Office. Directors shall be appointed for five-year staggered

terms and shall hold office until the qualification and selection of their

successors.

D. Vacancy.

Vacancies on the board of directors may be filled by the

President of the Navajo Nation with the confirmation of the Economic

Development Committee of the Navajo Nation Council for the unexpired term of

the vacant office.

E. Removal.

Members of the board of directors may be removed with or

without cause only upon recommendation by the President of the Navajo Nation

with the approval of the Economic Development Committee of the Navajo Nation

Council.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 210. Meetings of Board of Directors

A. Annual meeting. The annual meeting of the board of directors shall be

held at such times as the board of directors shall designate as the principal

place of business, or at such other place as the board of directors shall fix.

No notices shall be required for annual meetings.

B. Regular meetings.

The board of directors

quarterly upon notice fixing the time and place.

shall

meet

at

least

C. Special meetings. Special meetings of the board of directors may be

held upon notice given by the chairperson of the board, or secretary, or by

majority of the board of directors at such place as the board of directors

shall direct or as shall be fixed by the notice.

D. Notice. Notice of meetings, except for that of the annual meeting,

stating the time, date, and place shall be given in writing by letter,

telegram, radiogram or facsimile transmission properly addressed to each member

according to the latest available Authority records, not later than seven days

nor more than 30 days immediately preceding the meeting, excluding the day of

the meeting.

E. Waiver of Notice.

Notice may be waived in writing signed by the

member or members entitled to such notices whether before or after the time

stated therein, and such waiver shall be deemed equivalent to the giving of

such notice. Attendance of any member at a special meeting shall constitute a

waiver of notice.

F. Quorum.

A majority of the members of the board of directors shall

constitute a quorum for the transaction of any business.

The act of the

majority of the members participating and voting at a meeting at which a quorum

is present shall be the act of the board of directors.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 211. Principal officers

The principal officers of the authority shall consist of the following:

A. Chairperson of the board of directors.

B. The General Manager, who shall not be a member of the board of

directors.

C. Secretary, who need not be a member of the board of directors.

D. Treasurer, who need not be a member of the board of directors.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 212. Powers and duties

All officers and agents of the authority shall have the following duties

and such other duties as may be provided in any rules or determined by or

pursuant to resolution of the board of directors, not inconsistent with this

plan of operation:

A. The Chairperson of the Board.

The chairperson of the board of

directors shall be chosen from among the members of the board of directors,

shall preside at all meetings of the board of directors if present, and shall,

in general, perform all duties incident to the office of the chairperson of the

board and chief executive officer and such other duties as, from time to time,

may be assigned the chairperson of the board by the board of directors. If a

vice-chairperson is elected, he or she shall act in the capacity of the

chairperson of the board in the absence of the latter, and shall discharge any

other duties designated by the chairperson of the board.

B. The Secretary.

The secretary shall keep, or cause to be kept the

minutes of the meeting of the board of directors. The secretary shall see that

all notices are duly given in accordance with provisions of this Chapter. The

secretary shall be custodian of the identification and records, and in general,

shall perform all duties incident to the office of the secretary, and such

other duties as may, from time to time, be assigned to him or her by the board

of directors, or the chairperson of the board.

C. The Treasurer.

The treasurer shall be the financial officer of the

authority and shall have charge and custody of, and be responsible for all

funds of the authority, and shall deposit such funds in such banks, trust

companies, or other depositories as shall have been approved by the board of

directors.

The treasurer shall receive and give receipts for monies due and

payable to the authority from any source whatsoever;

and, in general, shall

perform all duties incident to the office of the treasurer and such other

duties as, from time to time, may be assigned by the board of directors or the

chairperson of the board. The treasurer shall render to the chairperson of the

board and the board of directors, whenever the same may be required, an account

of all his or her transactions as treasurer and of the financial condition of

the authority. The treasurer shall, at the expense of the authority, give a

bond for the faithful performance of discharge of his or her duties in such

amount, so conditioned, and with such surety or sureties as the board of

directors may require.

D. The General Manager.

The general manager shall be the principal

administrative and chief operating officer of the authority and shall have

direction of all parts of the actual operations.

The general manager shall

report to the board of directors and perform all other functions and duties

specified in § 217 of this plan of operation for the general manager.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 213. Election;

term of office;

qualification

The officers, with the exception of the general manager, shall be chosen

annually by the board of directors at its annual meeting, or as soon after such

annual meeting as newly appointed directors shall have qualified. The term of

the general manager shall be determined by the board of directors at the time

of his appointment, subject to the provisions of § 217 hereof. Each officer

shall hold office until his or her successor is chosen and qualified, or until

death, or until he or she shall have resigned, or shall have been removed in

the manner provided in § 214 herein.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 214. Removal

Any officer or agent elected or appointed by the board of directors may

be removed by the board of directors whenever, in its judgment, the best

interest of the authority will be served thereby, but in the absence of

dereliction in duty, negligence or malfeasance in office, or any other good

cause shown, such removal shall be without prejudice to the contract rights, if

any, of the persons who are removed.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 215. Resignations;

vacancies

Any officer may resign at any time by giving written notice to the board

of directors, or to the chairperson of the board, or secretary, such

resignation shall take effect at the time specified therein, and, unless

otherwise specified therein, the acceptance of such resignation shall not be

necessary to make it effective. Any vacancy in any office because of death,

resignation, removal, or any other cause shall be filled for the unexpired

portion of the term in the manner prescribed herein for election or appointment

to such office.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 216. Other officers and agents

The board of directors or the chairperson of the board may appoint such

other officers and agents deemed necessary or expedient, and may determine the

duties of them, as well as the terms of their holding office.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 217. General Manager;

functions;

duties

A. The general manager may be employed under a written employment

contract, specifying all employment benefits provided, for a term not to exceed

five years; the employment contract may be renewed by the board of directors.

The general manager shall be responsible to and serve at the pleasure of the

board of directors, not withstanding the terms of the employment contract and

this plan of operation.

B. The function of the general manager shall be analogous to that of the

chief operations officer of an agency or instrumentality of a state or local

government or a sovereign nation.

The general manager shall, among other

things, execute the general policies formulated by the board of directors,

provide annual reports to the board of directors, and may organize the

operation of the authority into departments each with its own specific duties

and responsibilities.

C. The general manager shall exercise his or her best judgment in the

determination of the ways and means by which general policy set forth by the

board of directors is to be effectuated.

D. The general manager shall be the active executive of the authority and

shall be responsible for the preparation of plans and annual budgets;

shall

initiate financial audits upon board approval, and shall make suggestions as to

policies and any proposals for improvements.

E. The general manager shall have the full authority to hire and fire,

subject of authority policies, and exert control over all employees of the

authority and shall be responsible for all department heads or other executives

performing their assignments.

F. The general manager shall be responsible for the supervision of the

employees and agents of the authority, and their performance, in respect to all

such matters such as conformance to approved budgets, standards, and policies,

productivity, program inspection, cost control, employee relations and

evaluations and in-service training.

G. The general manager shall render regular reports to the board of

directors and perform all other functions and duties specified in this plan of

operation.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 218. Accounting;

fiscal year

The accounting system for the authority shall be maintained in accordance

with generally accepted accounting principles applicable to its activities and

projects.

Financial statements shall be provided to the President of the

Navajo Nation and the board of directors on a regular basis. The fiscal year

of the authority shall be determined by the board of directors.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 219. Records;

inspection;

audits

The books, records and property of the authority shall be available for

inspection

at

all

reasonable

times

and

upon

notice

by

authorized

representatives of the Navajo Nation, and or by the President of the Navajo

Nation or the Economic Development Committee of the Navajo Nation Council or

the Navajo Nation Council. The accounts and records of the authority shall be

audited at the close of each fiscal year in accordance with the provisions of §

207(B) of this plan of operation.

Copies of such audit reports shall be

furnished to the parties receiving copies of the financial statements and to

the appropriate Navajo Nation Council standing committees.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 220. Exemption from judicial process

All property, including funds of the authority shall be exempt from levy

and sale by virtue of an execution, and no execution or other judicial process

shall issue against such property; provided; however, that this Section shall

not apply to or limit the right of participants in any activity or project

agreement or any holders of contractual obligations of the authority or the

activities or projects to pursue any remedies or rights, including, but not

limited to, possession, execution, attachment, and sale of security, for the

enforcement of any pledge or lien given by the authority on its property,

including personalty, fixtures, revenues, rates, fees, or other income or

funds.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

§ 221. No liability of Navajo Nation;

no waiver of immunity of Navajo Nation

A. The acts or omissions of the authority (whether pursuant to the powers

enumerated in this plan of operation or otherwise) shall not create any

liability on the part of the Navajo Nation, nor create any obligation,

indebtedness, or recourse to the assets of the Navajo Nation (whether

denominated assets, revenues or income of the Navajo Nation) and only the

assets, revenue and income held by or in the name of the authority shall be

subject (to the extent otherwise permitted herein and by law) to the debts,

obligations or other liabilities created or incurred by the authority.

B. Any waiver of immunity of or by the authority shall not be construed

to waive any immunity of the Navajo Nation or other covered persons and

entities or extend any liability to any assets, revenues, or income of the

Navajo Nation, nor shall the provisions of the Navajo Nation Sovereign Immunity

Act (as amended) be deemed altered or amended by this plan of operation.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

Note (2005).

Reformatted for purposes of statutory form.

Cross References

Navajo Sovereign Immunity Act, see 1 N.N.C. §§ 551–555.

§ 222. Amendment of Plan of Operation

This plan of operation may be amended from time to time by resolution

duly adopted by the Navajo Nation Council upon recommendation of the Economic

Development Committee of the Navajo Nation Council.

History

CJA–2–96, January 19, 1996.

CN–87–85, Exhibit A, November 5, 1985.

Cross References

Navajo Nation Enterprises, see 2 N.N.C. § 724(E)(1).

Chapter 3. Transportation Systems

History

Revision note. Transportation System was previously codified at Chapter 3, §§

201–211, Title 21, Navajo Nation Code.

Subchapter 1. Buses

§ 301. Operation generally

A scheduled bus transportation system shall be operated between Window

Rock, Navajo Nation (Arizona) and Gallup and Wingate Village, New Mexico.

History

CAU–56–60, August 19, 1960.

§ 302. Use of bus

A. The principal use of the bus shall be the transporting of Tribal

officials and employees commuting between Wingate Village and Gallup, New

Mexico, who are employed at Window Rock, Navajo Nation (Arizona) and the

vicinity, and the employees of the Bureau of Indian Affairs and the United

States Public Health Service who commute between Wingate Village and Gallup,

New Mexico.

B. The secondary use of the bus shall be the transporting of groups of

people on special occasions during the time the bus is not required for its

principal use. Such trips shall be scheduled in advance and approved by the

Director of Division of General Services.

History

ACS–167–60, § I, September 14, 1960.

Cross References

Division of General Services, see Title 2, Navajo Nation Code.

§ 303. Route and schedule of bus

A. The bus shall not deviate from the following route: From the Motor

Pool down Window Rock Boulevard to the Fort Defiance junction, left to the

Ganado—Gallup—Fort Defiance junction, right to the warehouse area, return to

the Ganado—Gallup—Fort Defiance junction, proceeding east on Arizona Highway 3—

New Mexico Highway 68—to Highway 491 junction, taking Highway 491 to Gallup,

then east on Highway 66 to Wingate Village and return on the same route.

B. The bus schedule shall be established to assure its arrival in Window

Rock at 7:50 a.m. each day. Departure from Window Rock shall be 5:15 p.m. each

day. A schedule of arrival and departure times from the following stops shall

be available to all passengers.

C. Passengers shall embark and debark only at the following regularly

scheduled points:

1. Motor Pool—Window Rock

2. Window Rock

administration building

Boulevard

northwest

entrance

to

the

main

3. Warehouse entrance—Fairgrounds

4. U.S.

Highway 491—State 68 junction

5. North turnoff—Highway 491 to Gamerco

6. Intersection at Post Office, Gallup

7. East "Y" Highway 66, Gallup

8. Rehoboth turnoff—Highway 66

9. Office—Wingate Village

D. Changes in the route, schedule or stops shall be authorized in writing

by the Director of the Division of General Services.

History

ACS–167–60, § II, September 14, 1960.

§ 304. Operator of the bus—Qualifications

The operator of the bus shall have the following qualifications:

A. Be an employee of the Navajo Nation;

and

B. Have valid chauffeur's licenses issued by the States of New

Mexico and Arizona.

History

ACS–167–60, § III, September 14, 1960.

§ 305. Duties

The operator of the bus shall have the following duties:

A. Drive the bus in lieu of the fare charged passengers.

B. Be responsible for the sale of fare tickets and the preparation

of reports until other arrangements are necessary.

C. Be in complete

disagreeable passengers.

charge

of

the

bus

with

authority

to

expel

D. Not operate the bus at speeds that exceed 50 miles per hour and

have it fully under control at all times.

E. Be responsible for the proper maintenance of the bus.

F. Be responsible for obtaining monthly safety inspection of the

bus by the Navajo Nation Police Department.

G. Park the bus overnight and over weekends at Wingate Village in a

location that will assure adequate protection of the vehicle.

History

ACS–167–60, § II, September 14, 1960.

1961 Amendment. ACJY–109–61, § 2, amended this Section by deleting the first

numbered paragraph. Language substituted for such deleted paragraph is now set

out in § 306 of this title.

§ 306. Compensation

The operator of the bus shall be paid at his or her regular salary rate

and his or her time shall be reported by the head of the motor pool.

The

driving time shall be considered to be one hour for a one-way trip between

Window Rock and Wingate Village. The operator shall not be paid in excess of

two hours time each day unless he or she is requested to make special trips

during off-duty hours.

History

ACJY–109–61, § 2, July 21, 1961.

ACS–167–60, September 14, 1960.

§ 307. Fare;

fare tickets;

identification cards

A. The fare shall be thirty cents (30 for each passenger which shall be

collected by the driver for each one-way trip on the bus.

B. The passengers shall purchase fare tickets from the driver.

The fare

tickets shall be assembled in books of ten and sold for three dollars ($3.00)

per book on a cash basis only.

C. The driver shall obtain a supply of fare ticket books from the

controller who shall charge him or her therewith.

The driver shall deliver

daily to the controller the funds collected from the sale of fare ticket books.

D. The driver shall prepare a daily report on the sale of fare tickets,

the number of passengers and other pertinent data.

One copy of the report

shall be provided the Controller which shall be attached to the official

receipt. One copy shall be provided the Division of General Services Director.

The tickets collected from the passengers shall be attached to the copy of the

report provided the Division of General Services Director.

E. The Controller shall credit the driver for tickets sold after the

funds have been delivered to the Controller as evidenced by the official

receipt.

F. Authorized passengers shall be issued an identification card by the

Division of General Services Director of the Navajo Nation (or a designee), and

such passengers shall be required to show their identification card each time

they board the bus.

History

ACJY–109–61, July 21, 1961.

ACS–167–60, § VI, September 14, 1960.

1961 Amendment. ACJY–109–61, § 3, amended Subsections (A) and (B) by increasing

fare from 20 cents to 30 cents and cost of books of tickets from two dollars

($2.00) to three dollars ($3.00), and added Subsection (F).

Revision note.

Slightly reworded for purposes of form and clarity.

Cross References

Division of General Services, see Title 2 of the Navajo Nation Code.

§ 308. Conduct of passengers

The conduct of passengers shall at all times be such that the safety,

moral and general welfare of all passengers will not be jeopardized.

History

ACS–167–60, § V, September 14, 1960.

§ 309. Certification of safety

Written certification of the safety of the bus shall be provided by the

Navajo Nation police department and shall be displayed in the bus.

History

ACS–167–60, § III(8), September 14, 1960.

§ 310. Service and maintenance

All service and maintenance of the bus shall be provided through the

Navajo Nation motor pool.

History

ACS–167–60, § III(7), September 14, 1960.

§ 311. Insurance

Insurance for the bus shall be provided under the comprehensive

automobile insurance policy that provides insurance protection for all other

vehicles owned by the Navajo Nation.

History

ACS–167–60, § VI, September 14, 1960.

Subchapter 3. [Reserved]

§§ 351 to 400. [Reserved]

Chapter 4. Navajo Paragon Generating Station Policy Board and Task

Force

History

Revision note. Navajo Paragon Generating Station Policy Board and Task Force

was previously codified as Title 21, Chapter 4, §§ 301–310, Navajo Nation Code.

§ 401. Establishment

The Navajo Paragon Generating Station Policy Board (hereinafter "NPGS

policy board") was established by the Executive Order of February 25, 1985,

consisting of 15 regular voting members appointed by and serving at the

pleasure of the President of the Navajo Nation upon confirmation by the

Economic Development Committee of the Navajo Nation Council.

History

ACJN–110–85, June 13, 1985.

ACAP–60–85, April 11, 1985.

§ 402. Purposes

The NPGS policy board is established to assess the ongoing development of

talks with other NPGS participants and to advise the Office of the President

and Vice-President, the Government Services Committee, the Navajo–Hopi Land

Commission and the Navajo Nation Council on policy direction for the Navajo

Nation in this project, including advice on the desired organization within the

Navajo government to develop further analysis of the proposed enterprise and

the ways and means to fund such effort.

History

ACAP–60–85, Exhibit A, April 11, 1985.

§ 403. Powers

A. The NPGS policy board shall have all powers necessary and proper to

carry out the purposes set forth in § 402 of this plan of operation.

B. Enumerated powers of the NPGS policy board shall include the power to:

1. Establish subcommittees to further any purpose of the policy

board.

2. Hold meetings at the call of the chairperson of the policy

board, the President or vice-president of the Navajo Nation, or upon

written request of any seven members of the policy board. A quorum shall

consist of seven members for the purposes of conducting policy board

business.

3. Establish this plan of operation for the Navajo

Generating Station Task Force (hereinafter "NPGS task force").

Paragon

4. Conduct all proper and necessary business of the policy board by

written resolution adopted by a majority of the members present and duly

certified by the presiding officers.

History

ACJN–110–85, June 13, 1985.

ACAP–60–85, April 11, 1985.

1985 amendment. Subsection (b)(2): Substituted "seven (7) members" for "five

(5) members" in the first and second sentences.

§ 404. Establishment of NPGS Task Force

The Advisory Committee of the Navajo Nation Council established the plan

of operation for the NPGS task force.

History

ACAP–60–85, April 11, 1985.

§ 405. Term of operation

The duration of the NPGS Task Force shall be continuous until terminated

by resolution of the Navajo Nation Council or by executive order of the Office

of the President.

History

ACAP–60–85, Exhibit A, April 11, 1985.

§ 406. Purposes of NPGS Task Force

The purposes of the NPGS task force shall be:

A. To provide direction, analysis and management expertise to determine

the viability of, financeability of, structure of, and means of participation

by the Navajo Nation in the proposed New Mexico Generating Station at the

Paragon Ranch area.

B. To provide coordination, analysis, and professional direction to the

negotiation of leases or contracts for land, water and coal, including

valuation, resource assessment and necessary and proper lease terms unrelated

to the resources (e.g., business and employment preference, scholarship fund,

etc.) to the extent necessary to assure they are consistent with the proposed

NPGS Project.

C. To provide coordination, development, implementation, and delivery of

a comprehensive community information and planning. effort, to include

identification and mitigation of plant and project impacts.

D. To provide comprehensive assessment of all regulatory and legislative

issues germane to Navajo Nation participation in the NPGS Project, including a

detailed plan of strategy with draft legislation where appropriate.

E. To provide coordination with and direction to intergovernmental

relations between the Navajo Nation and the various state and federal agencies

and legislatures.

F. To provide coordination and direction to the analysis, review, and

development of the legal organization and business structure of the NPGS

Project and the evolution of the entity which will maximize the Navajo Nation

interest in such enterprise.

G. To provide budgetary, financial, contracting, and accounting reporting

as required to all Navajo Nation government or other offices or agencies,

including any consultant contract requirements, upon approval by the Budget and

Finance Committee of the Navajo Nation Council, and to assure the fiscal

accountability of the task force.

H. To develop the

recommendations concerning

aspects of this project.

information and analysis

the participation of the

necessary to provide

Navajo Nation in all

History

ACAP–60–85, Exhibit A, April 11, 1985.

Revision note.

Slightly reworded for purposes of form and clarity.

Cross References

Government Services Committee authority, see 2 N.N.C. § 343(B)(4).

§ 407. Powers of the NPGS Task Force

The NPGS task force shall have the following powers:

A. To fulfill the purposes set out in § 406.

B. To establish such offices for conducting its activities within or

without the Navajo Nation as are necessary and proper to its purposes under

this plan of operation.

C. To contract for services necessary to fulfill the purposes set out in

§ 406.

D. To provide reimbursement to NPGS Policy Board members for costs to

attend meetings of the policy board at which a quorum is present, including all

travel and per diem costs.

E. To provide for reimbursement to NPGS policy board members for all

expenses incurred in the discharge of their official duties as policy board

members other than duly called meetings, when done with the approval of the

President of the Navajo Nation.

History

ACAP–60–85, Exhibit A, April 11, 1985.

§ 408. Conflict of interest

Members of the NPGS policy board or staff of the NPGS task force shall

not use their position or influence to personal advantage or the advantage of

any other individuals or organization in a manner which would disadvantage the

NPGS policy board, the NPGS task force, the Navajo Nation, its subdivisions or

instrumentalities. A member, officer, or employee shall be disqualified from

dealing in any matter where there exists a conflict of interest.

History

ACAP–60–85, Exhibit A, April 11, 1985.

§ 409. Finance

The NPGS task force may pursue, with approval from the Budget and Finance

Committee, funding for its activities from all available sources, including but

not limited to, banks, profit and non-profit institutions, individuals, federal

and state agencies, foreign investors, debt financing, and any other financing

alternative allowed by law.

History

ACAP–60–85, Exhibit A, April 11, 1985.

Cross References

Government

343(B)(4).

Services

Committee

authority,

see

2

N.N.C.

§§

185(B)

and

§

§ 410. Amendments

The plan of operation of the NPGS Task Force may be amended or altered to

add or delete provisions from time to time as necessary with the concurrence of

the Government Services Committee of the Navajo Nation Council.

History

ACAP–60–85, Exhibit A, April 11, 1985.

Cross References

Redelegated Committee authority, see CD–68–89, December 15, 1989, and 2 N.N.C.

§ 343(B)(4).

Chapter 5. Telecommunications

Subchapter 1. Navajo Telecommunications Regulatory Act

History

CD–56–86, December 10, 1986. CD–56–86 repealed former § 501 and redesignated

Chapter 5, Navajo Telecommunications Regulatory Code, formerly "Radio and

Television".

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 501. Short title

This Act shall be known and may be cited as the Navajo Telecommunications

Regulatory Act and is codified at Chapter 5 of Title 21 of the Navajo Nation

Code.

History

CD–56–86, December 10, 1986, repealed former § 501, entitled "Tribal radio

system and maintenance facilities".

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 502. Purposes and intent

A. The purposes of this Act are to make available within the Navajo

Nation efficient, reasonably priced and rapid communications, to promote and

expand communications within the Navajo Nation, and ensure that communication

activity within the Navajo Nation is consistent with the traditions, customs

and desires of the Navajo People.

B. It is the intention of the Navajo Nation Council that the provisions

of this Act be construed and applied in each instance, so as to accomplish its

purposes. Furthermore, the Navajo Nation by virtue of its inherent sovereign

powers has the authority to assert jurisdiction over telecommunications not

preempted by applicable law and regulation of the federal government of the

United States.

Areas which may be preempted include matters relating to

frequency allocation, licensing, permissible use of specific bands and

interstate commerce. Federal laws now in force regulating telecommunications

activity which do not preempt the Navajo Nation's jurisdiction to regulate

telecommunications shall have the same force and effect and shall be binding

and obligatory upon the Navajo Nation to the extent that said laws benefit and

protect the traditions, customs and desires of the Navajo People and are not

otherwise inconsistent with the provisions of this Act.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 503. Definitions

For the purposes of this Act, the following definitions shall apply:

A. "Broadcasting" means the dissemination of any radio or television

communications intended to be received by the public, directly or by the

intermediary of relay stations.

B. "Cable System" means a system of antennas, cables, amplifiers, towers,

microwaves, waveguides, laser devices, satellites, and/or other conductors,

converters, equipment and facilities designed and constructed for the purpose

of producing, transmitting, receiving, amplifying, storing, processing, and

distributing audio, video, digital, or other forms of electronic or electrical

signals capable of being transmitted by wire and cable to subscribing members

of the public who pay for such services.

C. "Certificate of convenience and necessity" means the certificate

issued by the Commission to a person(s) doing business in telecommunications

within defined service areas of the Navajo Nation.

A certificate of

convenience and necessity may include or require to be filed with terms,

conditions, or tariffs, and may contain terms, conditions, or tariffs found

within franchise agreements.

D. "Act" means the Navajo Telecommunications Regulatory Act.

E. "Commission" means the Navajo Telecommunications Regulatory Commission

or any successor

telecommunications.

agency

authorized

by

the

Navajo

Nation

to

regulate

F. "Common Carrier" means a person(s) providing, or holding itself out as

providing telecommunications service or services to the public for hire within

the Navajo Nation.

G. "Communications" means transmission,

information by any means of telecommunications.

emission,

or

reception

of

H. "Electromagnetic spectrum" or "Radio Frequency Environment" means the

entire range of wavelengths or frequencies of electromagnetic radiation from

the longest radio waves to the shortest gamma rays.

I. "Federal Communications Commission" or "FCC" means that agency as

presently authorized by the U.S. Congress or any successor agency authorized

by the Congress to regulate cable television, telephone systems, and other

communications matters or facilities.

J.

"Franchise"

means

the

contractual

agreement

between

a

telecommunications provider, who is required to have a franchise, and the

commission which defines the rights and responsibilities of each regarding the

installation, construction, operation, terms and conditions of services and

maintenance of a communications system within the Navajo Nation. A franchise

agreement may include the terms, conditions, and tariffs contained within or

required by a certificate of convenience and necessity.

K. "Franchises" means the approved holder of a franchise.

L. "Licensee" means the holder of a valid license granted.

M. "Navajo Nation" has the same meaning as Navajo Indian Country as

defined in 7 N.N.C. § 254, as amended.

N. "Person" means a natural person, either a Navajo or non-Navajo

individual, sole proprietorship, partnership, corporation, joint venture,

trust, estate, unincorporated association, government (other than the

government of the Navajo Nation and any wholly owned subdivision or enterprise

of that government), public or private organization, and any part, division or

agency of any of the foregoing or any other entity.

O. "Pole Attachment" means an attachment of a wire or cable by a

telephone system, or a cable television system to a pole;

the term also

includes ducts or conduits and other underground apparatus requiring the use of

public right-of-way, owned or controlled by a public utility.

P. "Public Utility" means those applicants who have obtained a

Certificate of Convenience and Necessity from the Commission to provide

telecommunications service to subscribers or the general public within the

Navajo Nation.

Q. "Radio Communication" means the transmission by radio of writing,

signs,

signals,

pictures,

and

sounds

of

all

kinds,

including

all

instrumentalities, facilities, apparatuses, and services (among other things,

the receipt, forwarding, and delivery of communications) incidental to such

transmission.

R. "Radio Station" means a station

communication or radio transmission of energy.

equipped

to

engage

in

radio

S. "Rates" mean any rate, toll, rental, charge or classification of any

person engaged in providing telecommunications services.

T. "Subscriber" means the person or entity in whose name service is

rendered, as evidenced by the signature on the application or contract for that

service, or by the receipt and/or payment of statements, invoices or bills

regularly issued in such name regardless of the identity of the actual user of

the service.

U. "Tariff" means the filed and approved rates, rules and regulations of

a telecommunications service-provider that sets forth the services and products

offered and the rates charged, and the terms and conditions for the use of

those services and products.

V. "Telecommunications" or "telecommunication" means any transmission,

emission or reception (with retransmission or dissemination) of signs, signals,

writings, images, and sounds of intelligence of any nature by wire, radio,

light, electricity or other electromagnetic spectrum system, including but not

limited to the telecommunications activity set forth in § 505(A)(2) of this

Code.

W. "Telecommunication Service" means the providing of voice or other

communication services by telecommunications including, without limitation,

non-voice communication services, or data communication services which may

interconnect with other telecommunication networks and/or involve operation of

transmission/reception devices for binary information representation.

X. "Telephone System" means all property and facilities used in

connection with telephone communication, including without limitation, the

providing of telephone service, with or without the use of transmission wires.

Y. "Television Delivery Systems" means any transmission of television

programming, via broadcasting, cable, microwave, or other such means of program

delivery.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 504. Establishment;

composition;

staff

The

commission

shall

carry

out

the

duties

of

regulating

telecommunications activities within the Navajo Nation. The establishment and

composition of the commission shall be governed by a plan of operation adopted

by the commission and approved by the Government Services Committee of the

Navajo Nation Council.

The administrative staff to carry out the duties and

responsibilities of the commission shall be as provided for in the Commission's

plan of operation or in the Commission's rules and regulations.

History

CD–56–86, December 10, 1986.

Cross References

Commission definition, see 21 N.N.C. § 503(E).

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 505. Powers and duties

A. In accordance with the commission's plan of operation, the commission

shall have the power to perform any and all acts necessary and convenient to

supervise, monitor, and regulate telecommunication and those persons providing

telecommunications service within the Navajo Nation as specifically designated

in this Chapter or in any rule, regulation, decision, order or other official

pronouncement adopted hereunder, in the exercise of such power and

jurisdiction.

B. The commission shall have the following specific powers:

1. To promulgate such rules and regulations as appropriate for the

accomplishment of its purpose and authority, duties and responsibilities

pursuant to this Act, and to enforce such rules and regulations;

2. To act upon and regulate any and all telecommunications activity

within the Navajo Nation, including but not limited to telephone,

television, telegraph, radio, cable television, satellite dishes, two-way

radio, and other telecommunication services employing wire, radiowave,

lightwave, electricity or any other electromagnetic system;

3. To establish methods, procedures, conditions and fees for

obtaining permits and approved tariff schedules for telecommunications

services within the Navajo Nation;

4. To establish procedures and requirements for hearings and

investigations pertinent to the functions and powers of the commission;

to receive, consider and hear complaints concerning the noncompliance by

any person, of any provision of this Act and/or the commission's rules

and regulations, decisions, orders or other official pronouncements; to

issue and compel by power of subpoena the presence of any person or the

production of any document, or any type of evidence deemed relevant to a

matter properly before the commission;

to issue decisions and orders,

opinions or other official pronouncements, on any matter properly raised

before the commission, and as may be necessary in the enforcement and

implementation of its functions;

5. To establish and impose fines and/or any other civil sanction(s)

deemed appropriate by the commission, for violations of any provision of

this Act and/or its rules and regulations, decisions, orders or other

official pronouncements; and

6. To establish and collect franchise, filing and other fees from

persons at amounts which are appropriate for the matter for which such

collection is being made.

History

CD–56–86, December 10, 1986.

Note.

Reformatted for purposes of statutory form.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 506. Compliance and enforcement

A. All persons engaging in telecommunications activities shall comply

with the provisions of this Act and all decisions or orders, rules and

regulations or other official pronouncements issued pursuant to the Act.

Enforcement of this Act shall be by the commission or through the Navajo Nation

courts. The exhaustion of administrative remedies doctrine will apply to any

third party seeking enforcement of the Act.

The commission is authorized to

seek judicial enforcement of the Act without first acting administratively if

circumstances so require.

Members of the public shall have standing to make

complaints or inquiries to the commission about any telecommunications

activities on the Navajo Nation.

B. Any Indian who violates any of the provisions of this Chapter shall be

guilty of an offense and, upon conviction, shall be sentenced to a term of

imprisonment of not more than 180 days, or ordered to pay a fine not exceeding

five hundred dollars ($500.00), or both, in accordance with the provisions of

Title 17, Navajo Nation Code.

C. Any nonmember of the Navajo Nation who violates any of the provisions

of this Chapter may be excluded from land subject to the jurisdiction of the

Navajo Nation in accordance with the procedures set forth in 17 N.N.C. §§ 1901–

1906, as amended.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 507. Jurisdiction

The provisions of this Act shall apply within the Navajo Nation, as that

term is defined in § 503(M) of this Act.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 508. Cooperation with other jurisdictions

A. Intergovernmental Agreements. Where the extent of telecommunications

regulatory jurisdiction of the Navajo Nation and the states, and their

subdivisions and agencies are not clearly defined or involve potential

jurisdictional

conflict,

including,

without

limitation,

potential

jurisdictional conflict arising from the commission's transition to a fully

operational telecommunications regulatory body for the Navajo Nation, the

commission is authorized as the designated representative of the Navajo Nation

to negotiate and develop for approval by the Intergovernmental Relations

Committee of the Navajo Nation Council appropriate intergovernmental agreements

or joint powers agreements as are necessary to resolve such jurisdictional

issues, and is further authorized to represent or intervene on behalf of the

Navajo Nation in proceedings before the states and their subdivisions and

agencies.

B. Federal Communications Commission (FCC) Coordination. The commission

is vested with the authority of acting as the intermediary agency between the

Navajo Nation and the FCC and in furtherance thereof to pool information and

receive complaints. The Commission may, subject to applicable law, act as the

intermediary for applications or complaints, filings, registrations, rulings,

approvals and similar acts or matters before the FCC in those areas of

telecommunications not specifically addressed in this Act or in the

Commission's rules and regulations, provided nothing in this Act will prevent

or interfere with the right of the public to communicate directly with the FCC.

The Commission is authorized and delegated the responsibility of representing

the Navajo Nation in proceedings before the FCC, including, without limitation,

intervening on behalf of the Navajo Nation on matters pending before the FCC.

History

CD–56–86, December 10, 1986.

Cross References

Intergovernmental

agreements

and

intergovernmental

relations,

Intergovernmental Relations Committee authority at 2 N.N.C. § 821 et seq.

see

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 509. General provisions

A. Unlawful Use of Service.

It shall be unlawful to obtain, with the

intent to defraud, or with the intent to evade lawful charge, telecommunication

services without proper payment therefor or the authorization of the subscriber

of such services.

B. Unlawful Discrimination.

No telecommunications service provider

shall, as to rates or service, make or grant any unreasonable preference or

advantage to any person, or subject any person to any unreasonable prejudice or

disadvantage based upon race, creed, national origin, sex, age, or religion.

C. Emergency. The commission, upon its determination that an emergency

exists, is authorized to take any and all actions necessary to address the

emergency notwithstanding any other provision in this Act.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 510. Certificate of convenience and necessity

A. Restriction. No person shall engage in providing telecommunications

services within the Navajo Nation, nor shall exercise any right or privilege

under any franchise or permit, without first having obtained from the

commission a certificate of convenience and Necessity, unless otherwise

authorized in this Act.

The commission shall promulgate and issue specific

rules and regulations establishing filing and informational requirements for

applications for certificates of convenience and necessity.

B. Exemption of certain activities.

The commission may by rule or

regulation exempt certain telecommunications services from the requirement of a

certificate of convenience and necessity.

C. Construction. No person engaged, or intending to engage, in providing

telecommunications services within the Navajo Nation shall begin construction

of any line, service or system, or any extension beyond the defined boundaries

of any existing franchise or certificate of convenience and necessity without

first having obtained from the commission a certificate of convenience and

necessity for the territory in which such construction or extension will occur,

unless otherwise authorized in this Act.

D. Application.

Every applicant for a certificate of convenience and

necessity shall file with the commission an application disclosing such

information required by the commission's rules and regulations, and accompanied

by appropriate filing fees.

Each applicant shall provide evidence of

compliance with the applicable laws of the Navajo Nation, in accordance with

the rules and regulations of the commission.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 511. Tariffs

A. Rates;

publication.

Rates established by a person engaged in

providing telecommunication services shall first be approved by the commission

for reasonableness and justness before such rates are implemented, in

accordance with the commission's rules and regulations. Every person engaged

in providing telecommunications services shall print, and make available for

public inspection its approved tariffs which include schedules showing the

rates and terms of condition of service for the services rendered to the

public.

B. Unlawful rates;

refunds.

The commission will have authority to

prescribe rates where it finds the rates in effect to be unlawful.

The

commission is authorized to compel the return of any rates unlawfully collected

by a direct refund or a general credit against future billings.

C. Rules and regulations.

All rules and regulations affecting or

pertaining to its charges or services to the public adopted by a person engaged

in providing telecommunications services shall be approved by the commission

for reasonableness or justness before such rule or regulation is implemented.

Every rule and regulation not found to be reasonable or just by the commission

is prohibited and unlawful.

D. Rate and tariff changes;

application;

notice;

filing.

1. No changes or adjustments to any existing, filed and approved

tariff including, without limitation, any change in rates, territory

served, rules, regulations or contracts, shall be made by any person

engaged in providing telecommunications services except upon a showing

before, and a finding by the commission, that a change or adjustment is

reasonable and justified.

Application for changes to the filed and

approved tariff shall be made in writing to the commission along with a

filing fee, in accordance with the commission's rules and regulations. A

notice plainly stating the proposed change or changes and the existence

of such application for a new proposed tariff shall be made available for

public inspection and will be given to all subscribers.

2. Requests for change in rates shall be heard and acted upon by

the Commission pursuant to § 516 of this Act and the commission's rules

and regulations.

The Commission will render a final decision on a

request for a change in rates within 180 days from the date of filing, or

the rate that is filed will thereafter become effective at the beginning

of the next billing period following, the expiration of the 180-day

period and will remain in effect until the Commission makes its decision

on the requested rate change.

The 180-day period specified in this §

511(D)(2) will not begin to run for any pending request for a change

until the effective date of this Code.

3. The commission may for good cause shown, or upon agreement with

the person requesting tariff changes, modify, deny, suspend or delay the

implementation of any proposed tariff changes.

4. Nothing within this Section shall prohibit any person providing

telecommunications service from offering discounts or promotions or

establishing rates at a level below that established by the commission on

a non-discriminatory basis, provided at least 15 days prior to offering

such discounts or promotions such discount or promotion will be filed

with the commission in accordance with its rules and regulations.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 512. Requirements for accounting, annual statement, and audits

A. Accounting Systems.

The commission may adopt rules and regulations

establishing an accounting system to be kept by any person(s) engaged in

providing telecommunications services, and prescribe the manner in which

accounts shall be kept. It may prescribe the forms of accounts, records and

memoranda to be kept, including records covering receipts and expenditures of

money, and other records necessary to carry out the provisions of this Act.

Special rules may be established for different classes of those providing

telecommunications services, such as those persons additionally engaged in

providing interstate communications services.

B. Certified Annual Financial Statement.

Every person engaged in

providing telecommunications services shall file a current annual financial

statement to the commission certified by a certified public accountant and in

accordance with the rules and regulations of the commission, every year on or

before the first day of May or as may otherwise be approved by the commission.

C. Audits.

If any person engaged in providing telecommunications

services fails to comply with any provision of this Section or upon the

discretion of the commission if there is good cause, the commission or its

designated representative is authorized to conduct or cause to be conducted an

audit of the financial records and management of such person.

Expenses

incurred for such an audit shall be borne by the person.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 513. Quality of service;

complaint

A. Rules and Regulations for Quality Service. The commission may adopt,

promulgate, and enforce rules and regulations to insure that the quality of

telecommunications services are adequate, efficient, just and reasonable. All

persons providing telecommunications services within the Navajo Nation shall

take all reasonable actions to ensure that the quality of service provided is

equivalent or superior to similar service available in areas outside of the

Navajo Nation.

The scope of this provision may include, but shall not be

limited to, continuity of service, service availability, the extent of service,

service interruptions, billing and collection procedures, quality of equipment,

termination of service, deposits, and resolution of complaints.

B. Telecommunications connections;

joint rates.

When the commission

finds that a physical connection can reasonably be made between the lines of

two or more telecommunications service providers to form a continuous line of

communication, and that public convenience and necessity will be served

thereby, or that two or more telecommunications service providers have failed

to establish joint rates, tolls, charges for service by or over their lines,

and that it is reasonable and just that a connection be established, the

commission may require that a connection and joint rates be made in accordance

with § 524, provided this § 513(B) will not apply where the purpose of the

connection is primarily to secure transmission of local messages or

conversations between points within the same town or community.

C. Non-compliance;

violations.

Complaints alleging non-compliance or

violations of rules, regulations, decisions, orders or other official

pronouncements

adopted

by

the

commission

concerning

the

quality

of

telecommunications services shall be filed with the commission in accordance

with the rules and regulations of the Commission and shall be heard by the

commission within 45 days of filing.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 514. Health and safety

A. Compliance with health and safety codes.

The commission may adopt,

promulgate, and enforce rules and regulations requiring every person engaged in

telecommunications to construct, maintain, and operate its line, system,

facilities, equipment, apparatuses and premises in such manner as to promote

and safeguard the health, safety and welfare of its employees, customers, and

the public; to this end, the commission may prescribe, among other things, the

installation, use, maintenance and operation of appropriate safety or other

devices, and to require the performance of any other acts which the health,

safety or welfare of its employees, customers or the public may demand.

B. Non-compliance;

Violations.

Complaints alleging non-compliance or

violations of the rules and regulations, decisions, orders or other official

pronouncements adopted by the commission concerning the health and safety as

described herein may be filed with the commission by any aggrieved party in

accordance with the commission's rules and regulations.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 515. Rulemaking process;

adoption of rules and regulations

A. Establishment of Rules and Regulations. The commission may promulgate

rules and regulations in accordance with this Act, for the purpose of

enforcement of this Act. Prior to the adoption by the commission of any rules

and regulations being promulgated in accordance with this Act, notice shall be

given to the public of such proposed rules or regulations, by a method deemed

proper by the commission.

Such notice shall include:

the nature of the

proposed rule or regulation; the meeting date of the commission where it will

be reviewed and public comment solicited;

the deadline date for submitting

written comments; the proposed effective date of proposed rule or regulation

implementation, and the location where the proposed rule or regulation will be

available for public inspection.

The commission shall take no action on any

proposed rules or regulations for at least 45 days from the date of the last

publication of the commission's notice; the restrictions of § 515(A) will not

apply to rules or regulations adopted pursuant to § 509(C).

B. Promulgation of other official pronouncements.

The commission may

promulgate other official pronouncements governing matters not requiring a

formal rule or regulation from time to time.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 516. Tariff adjustments;

evidence; decisions; appeal

complaints;

notice

of

hearings;

hearings;

A. Tariff Adjustments. Any person providing telecommunications services

may apply to the commission for a rate/service adjustment by filing an

application in accordance with the commission's then effective rules and

regulations.

B. Complaint. A written complaint may be filed by any person with the

commission by any person or by the commission itself, in accordance with the

commission's rules and regulations. A complaint will detail the alleged act or

omission of the person engaged in telecommunications which is asserted to be in

violation of the Act or any decision, order, rule or regulation, or other

official pronouncements of the commission and will further contain the remedy

or relief sought. A complaint may also be filed by any person regarding the

justness or reasonableness of any rates. The commission is also authorized to

initiate the filing of a complaint.

C.

Notice

of

Hearing.

Upon

the

filing

of

a

complaint,

if

it

is

determined by the commission to establish probable cause, the commission shall

serve notice within ten days, upon the person complained of, an order to show

cause why the person should not be ordered to cease operations.

The notice

shall specify the charge, time, date and place of hearing.

D. Procedures for Hearing. The commission shall conduct a full and fair

hearing on all matters properly brought before it. All such hearings will be

held in accordance with the requirements of the rules and regulations adopted

by the commission.

E. Decision and Order.

After the conclusion of the hearing, the

commission shall make and enter its findings of facts, based upon the evidence

presented at the hearing and supported by substantial evidence on the record as

a whole. The commission will further issue an order of its determination and

decision based upon such findings and make known the effective date of such

decision and order. Every order shall be in writing and signed by at least a

majority of the commission membership, and should bear the seal of the

commission affixed thereto.

A certified copy of such order shall be served

upon each party to the proceeding or their legal counsel by certified mail.

F. Reconsideration; Appeals. After an order or decision has been made

by the commission, any party to the proceeding may apply for reconsideration of

any matters determined in said proceeding, in accordance with the commission's

rules and regulations. Any party adversely affected by the final decision or

order of the commission is entitled to seek judicial review by filing a notice

of appeal with the Navajo Nation Supreme Court within 30 days following entry

of the order and decision entered following reconsideration.

No judicial

review shall be allowed unless an application for reconsideration has been

filed with and ruled upon by the commission. Review of commission actions in

the Supreme Court will be on the record made in the commission and not de novo

and will be limited to the determination of whether the decision and order of

the commission is supported by substantial evidence, is arbitrary, capricious

or an abuse of discretion, is beyond the commission's authority or otherwise

contrary to applicable Navajo Nation or federal law.

The Supreme Court is

empowered, to affirm, reverse or modify a decision and order of the commission,

or to remand the matter to the commission for further action and it may stay

the effect of the decision and order pending the appeal. The commission will

determine by its rules and regulations whether the right of appeal will exist

with respect to its adoption of any proposed rule or regulation.

G. Jurisdiction of courts.

with jurisdiction:

The courts of the Navajo Nation are vested

1. Over any and all persons subject to this Chapter;

2. To hear and determine any challenge to the validity of this

Chapter, either generally or as applied to any person, provided that the

provisions of this § 516 and § 506 and the regulations which may be

adopted pursuant thereto are complied with.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 517. Violations and civil penalties

A. Criminal Penalties.

Any person engaged in telecommunications who

intentionally violates or fails to comply with the provisions of the Act or

decision or order, rule or regulation, or other official pronouncement issued

pursuant to the Act is guilty of an offense punishable as provided in § 506.

B. Civil Penalties.

Any person engaged in telecommunications who

violates any provision of the Act or decision, order, rule or regulation, or

other official pronouncement of the commission issued pursuant to that Act may

be subject to a civil fine imposed by the commission of not less than five

hundred dollars ($500.00) nor more than ten thousand dollars ($10,000) for each

violation, provided the commission will have the discretion to suspend, or

impose probationary conditions for avoiding, the fine.

C. Agency. In determining the existence of any offense under § 517(A) or

grounds for imposing any civil penalty under § 517(B), the act or omission of

any officer, agent or employee of a person engaged in telecommunications,

within the scope of his or her authority, duties or employment, shall be deemed

to be the act or omission of the person engaged in telecommunications.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 518. Injunctions;

show cause orders;

contempt

The commission may apply through the office of the Attorney General of

the Navajo Nation to any court of competent jurisdiction for injunctions to

prevent continuing violations of any provision of the Act or of any rule,

regulation, decision, order or other official pronouncement of the commission

issued pursuant to that Act, and for show cause orders to enforce any duly

issued subpoena of the commission, and such courts shall have power to grant

such injunctions and show cause orders, and to enforce such injunctions and

show cause orders by contempt procedure.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 519. Telephone and telegraph

A. Certificate of convenience and necessity.

For the purposes of this

Section, the commission is vested with authority to grant a certificate of

convenience and necessity for the provision of telephone services as provided

for in § 510. Tariffs shall be established and amended in accordance with §§

511 and 516. All telephone service providers shall comply with all applicable

laws, rules and regulations, decisions and orders governing leases, easements,

licenses, certificates, permits or rights-of-way, and tariffs.

B. Regulation of quality of service. The commission may adopt rules and

regulations, decisions and orders governing quality of service which may govern

not only service transmission quality standards, but also the service itself.

The commission shall have the power to issue rules and regulations, decisions

and orders governing the establishment of service, temporary service, line

connection, provision of service, billing and collection, resolution of

customer disputes, termination of service and notice, and telecommunication

service for the disabled, handicapped, and the elderly, and like matters.

C. Additions and/or extensions of service.

Applications for additions

and/or extensions to existing certificates of convenience and necessity shall

be addressed in accordance with rules and regulations of the commission.

D. Application of state/tribal intergovernmental agreement or state

statutes. The commission in considering tariff rate approvals and adjustments

of telephone services may, pursuant to its authority under § 511, employ state

statutes pertaining to rate regulation in accordance with intergovernmental

agreements citing the necessity for deferring commission authority and

jurisdiction to the state in matters of rate regulation.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 520. Protection of customer privacy

A. Unlisted Number.

It shall be the duty of telephone companies

providing services within the Navajo Nation not to disclose the number or

address of a subscriber holding an unlisted number, except upon permission of

said subscriber, or except by request by law enforcement and emergency

authorities.

B. Unlawful Use of Telephone.

1. Preventing use of a telephone in an emergency; false emergency

request for Telephone. It shall be unlawful for any person willfully to

refuse to yield or surrender immediately the use of a party line or of a

public telephone to another person for the purpose of permitting such

person to report a fire, or summon police or medical aid, or to

communicate any other bona fide emergency. It is unlawful for any person

to ask for or request the use of a party line or public telephone on the

false pretext that such an emergency exists.

2. Obscene or harassing telephone calls. It shall be unlawful for

any person, with intent to annoy, abuse, threaten, or harass any person

at the called number to:

make any comment, request, suggestion or

proposal which is obscene, lewd, lascivious, filthy, or indecent; make a

telephone call, whether or not conversation ensues, without disclosing

upon request of the person called the identity of the caller; make or

cause the telephone of another repeatedly or continuously to ring; make

repeated telephone calls, during which no conversation ensues; knowingly

permit any telephone under his or her control to be used for any purpose

prohibited by this Section.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 521. Cable television

A. Franchise

1. Authority. For purpose of this Section the commission is vested

with authority to grant franchises in defined boundaries for provision of

cable television services, including pay cable services, premium and

basic service, within the Navajo Nation for a maximum period of 15 years.

No person shall provide cable television services within the Navajo

Nation without having been granted a franchise by the commission.

No

exclusive franchises shall be granted for the whole or part of the Navajo

Nation. The commission is authorized to issue and promulgate rules and

regulations for franchise requirements, applications, franchise and other

fees, tariff schedules, hearing, granting or denial procedures.

The

commission is further authorized, subject to restrictions of applicable

law, to regulate the rates for provision of cable television services,

and any other communication service provided over a cable system to cable

subscribers, in accordance with §§ 511 and 516 of this Act.

2. No certificate of convenience and necessity. A person holding a

validly issued franchise from the Navajo Nation to provide cable

television services is not required also to hold a certificate of

convenience and necessity from the Navajo Nation.

B. Revocation of Franchise. Non-compliance with provisions of this Act

or any duly adopted rule, regulation, decision, order, or other official

pronouncement of the commission, or for other good cause found to exist after a

full and fair hearing of the commission shall be cause for revocation or

termination of the franchise.

Notice of such claim or complaint against the

franchisee shall be given at least ten days before hearing with an opportunity

for the franchisee to show cause why the franchise should not be revoked or

terminated.

C. Obtaining cable television services fraudulently;

penalty.

No person

shall tamper with, or make connection with, the equipment providing cable

television services by mechanical, electrical, acoustical, or other means with

intent to avoid payment of the lawful charges for cable television service. In

addition to other sanctions provided in the Act, any person violating the

provisions of this Section shall be liable to the cable television operator for

reasonable damages plus reasonable attorneys' fees and costs.

D. Satellite Dish. Any person, using a satellite dish for retransmission

of cable television signals for hire, monetary consideration or reimbursement

shall be subject to the provisions of this Act except for those systems

expressly preempted by applicable federal law as non-regulated.

E. Obscenity—indecency;

penalties.

It is unlawful for any person

providing cable television services within the Navajo Nation to broadcast or in

any way produce, transmit, process or distribute by video programming, obscene

or indecent material. This Section of § 521(E) will not become effective until

the commission has issued and promulgated rules and regulations defining

"obscene" and "indecent".

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 522. Other television delivery systems

A. Purpose. Pursuant to regulatory guidance of the FCC, the commission

may issue, promulgate and enforce rules and regulations governing multi-point

distribution systems, multi-channel-multi-point distribution systems, satellite

main antenna systems, direct broadcast systems, two-way television systems, and

any other television programming delivery systems involving the use of

microwave, fiber optic, and other video technology, video storage devices, and

electromagnetic spectrum frequencies, as those technologies evolve into

commercial or private use on the Navajo Nation.

B. Commercial delivery systems.

Any person providing television

programming delivery services for the purpose of generating revenues from

subscribers must adhere to the rules and regulations, decisions, orders, or

other official pronouncements of the Commission.

C. Non-profit delivery systems.

Any person providing television

programming delivery services in a non-profit capacity, or as a public service,

must also adhere to the rules and regulations, decisions, orders, or other

official pronouncements of the commission.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 523. Regulation of telemarketing and/or television marketing

The commission may issue, promulgate and enforce rules and regulations

governing telemarketing and/or television marketing within the Navajo Nation.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 524. Attachments to poles, ducts and conduits

A. The commission is authorized to issue and

regulations governing use of public utility facilities.

promulgate

rules

and

1. Joint/Pole Use.

In order to provide efficient and quality

telephone and cable services, the commission may authorize joint use of

public utility poles, ducts, and conduits located within the Navajo

Nation, owned or controlled by a public utility company. All joint use

agreements including the compensation provisions thereof for wire or

cable attachments to a pole, duct, or conduit must be approved by the

commission.

Upon the approval of the joint use agreement for pole

attachments, all persons to such agreement shall have the right to use or

share in and enjoy the use of the right-of-way easement granted to the

pole owner.

2. Disputes. Disputes concerning terms and conditions, including

rental rates, of the joint use agreement for attachments shall be

resolved by the commission at a full and fair hearing conducted for that

purpose pursuant to § 516 of this Act, and in accordance with the

Commission's rules and regulations.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 525. Radio and television

A. The purpose of this Section is to further the development of

television reception to areas of the Navajo Nation not presently receiving this

service.

B. The Radio Frequency Environment. Subject to applicable federal law,

the radio frequency environment as defined by § 503(H) is recognized by the

Navajo Nation as a Navajo Nation resource.

The commission shall have the

authority to review, develop, and issue policy to ensure that this resource is

utilized to the fullest extent possible for the future benefit of the Navajo

Nation and its residents subject to applicable federal law.

C. Leases, easements, licenses, permits, rights-of-way.

Any person

engaged in broadcasting, seeking to install, construct, operate, or maintain

any radio or television station, translator station, facility, tower, microwave

equipment, or apparatus, prior to such installation, construction, operation,

or maintenance shall file with the commission evidence of compliance with

applicable laws of the Navajo Nation and the federal government, governing

leases, easements, licenses, permits, or rights-of-way.

D. Application of FCC Doctrines.

Any person engaged in broadcasting

shall be subject to the FCC doctrines and rules, including, but not limited to,

"the fairness doctrine", "equal access time", "personal attack" and "political

editorializing" as such doctrine may be further defined and clarified by the

rules and regulations of the commission.

History

CD–56–86, December 10, 1986.

Note.

The paragraphs under this Section have been redesignated with letters

for clarity and statutory form.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 526. Radio communications systems

A. Authorization; Rules and Regulations. For purposes of this § 526,

the establishment and operation of maintenance facilities for the Navajo Nation

radio systems are authorized. The commission is vested with the authority to

issue, promulgate, and enforce rules and regulations for the provision of

two-way radio service on the Navajo Nation.

Any holder of any class of FCC

radio license will adhere to the rules and regulations of the commission

pertaining to the certificate of convenience and necessity when two-way radio

services are provided by a person to a customer with the intent to generate

revenue or profit.

B. Filing of certified copy of license. Any holder of any class of FCC

radio license, excluding citizens band radio, shall maintain on file with the

commission, a certified copy of that license.

C. Protection of public.

It shall be unlawful to use two-way radio

communications to transmit messages which abuse or further the fraudulent use

of such apparatuses or facilities.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 527. Severability

If any provision of this Act or the application of such provision shall

be held invalid the remainder of the Act and the application of such provision

other than those held invalid shall not be affected thereby.

History

CD–56–86, December 10, 1986.

Revision note.

Slightly reworded for purposes of clarity.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 528. Prior inconsistent law superseded

Upon the effective date of this Navajo Telecommunications Regulatory Act,

all prior inconsistent enactments, laws, rules, policies, ordinances and

regulations of the Navajo Nation and all branches, divisions, departments,

offices and political subdivisions thereof, are superseded hereby and/or

amended to comply herewith.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

§ 529. Effective date

The effective date of all provisions of this Navajo Telecommunications

Regulatory Act shall be December 10, 1986.

History

CD–56–86, December 10, 1986.

Cross References

Navajo Telecommunications Regulatory Commission, see 2 N.N.C. § 3451 et seq.

Subchapter 2. [Reserved]

§§ 530 to 550. [Reserved]

Subchapter 3. Television

§ 551. Development of television reception

The Navajo Nation Council approves of the further development of

television reception to areas of the Navajo Nation not presently receiving this

service.

History

CN–70–59.

Revision note. § 551 was not repealed by CD–56–86 and is not inconsistent with

the Navajo Telecommunications Regulatory Code.

Chapter 6. [Reserved]

§§ 601 to 617. [Reserved]

History

Former §§ 601 to 617 were transferred to 5 N.N.C. §§ 1651 to 1655 pursuant to

CAP–23–03.

Title 22

Water

Chapter 1. Development and Improvement

Subchapter 1. Generally

§ 1. Program;

authority to prepare and present

The President of the Navajo Nation is authorized and directed, with the

approval of the Resources Committee, to prepare and present to the Navajo

Nation Council a program to increase the supply of available water on Navajo

Nation lands and by sanitary measures to make a larger portion of such water

safe for domestic use.

History

CF–36–57, February 15, 1957.

CJ–66–53, 1953 Res. p. 276, July 31, 1953.

CJ–23–53, 1953 Res. p. 274, January 23, 1953.

CJ–15–53, 1953 Res. p. 268, January 15, 1953, authorized water development

programs and appropriations for such programs.

Shortages of water;

control. ACJN–95–66, June 15, 1966.

Sewage treatment facilities at Tuba City. CAP–43–65, April 21, 1965.

Water development survey. By ACMA–25–65, March 15, 1965.

Agreement for repair and maintenance of water wells. CD–60–64, December 11,

1964.

Water and sanitation facilities-Support of federal program. CN–62–59, November

12, 1959.

Agreements with Surgeon General:

ACMY–65–66, May 3, 1966.

ACD–174–64, December 3, 1964.

ACJN–90–64, June 15, 1964.

ACJN–88–64, June 15, 1964.

ACMA–37–64, March 19, 1964.

ACMA–36–64, March 19, 1964.

ACJA–10–64, January 15, 1964.

ACJN–95–63, June 27, 1963.

ACJN–94–63, June 27, 1963.

ACJN–93–63, June 27, 1963.

ACJN–83–63, June 3, 1963.

ACF–45–63, February 15, 1963.

ACJY–99–60, July 5, 1960.

ACJY–98–60, July 5, 1960.

ACAP–56–60, April 25, 1960.

ACD–169–59, December 2, 1959.

CN–62–59, November 12, 1959.

Subchapter 3. Emergency Water Transportation Assistance Program

§ 51. Establishment

The Navajo Nation Council established the Emergency Water Transportation

Assistance Program and the Program will be operated within the Water Operations

and Maintenance Department within the Division of Natural Resources.

History

ACJN–66–84, June 12, 1984.

§ 52. Justification

The lack of rainfall and snowfall on Navajo rangelands has resulted in

severe drought conditions. Navajo stockmen are subject to unbearable hardship

and, therefore, as an absolute necessity to alleviate some of the hardship

suffered by the livestock during this drought season, prompt implementation of

the Emergency Water Transportation Assistance Program is imperative.

History

ACJN–66–84, June 12, 1984.

§ 53. Objective

A. The Water Operations and Maintenance Department shall be responsible

for the implementation of the Emergency Water Transportation Assistance Program

in close coordination with the Bureau of Indian Affairs, Land Operations,

Navajo Tribal Utility Authority, the Indian Health Services, the Grazing

Committees and the Land Board Members, chapter officers, and other agencies

engaged in water

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