THE NAVAJO NATION LEGISLATIVE BRANCH INTERNET PUBLIC REVIEW PUBLICATION LEGISLATION NO: _0139-17 SPONSOR: Dwight Witherspoon TITLE: An Action Relating To Resources And Development; Approving A Revocable Use Permit For Mission Site Of Two (2) Acres For The Strong Hold Baptist Church In The Vicinity Of Pinon Chapter, Navajo Nation Date posted: April 14, 2017 at 5:05 PM Digital comments may be e-mailed to comments@navajo-nsn.gov Written comments may be mailed to: Executive Director Office of Legislative Services P.O. Box 3390 Window Rock, AZ 86515 (928) 871-7586 Comments may be made in the form of chapter resolutions, letters, position papers, etc. Please include your name, position title, address for written comments; a valid e-mail address is required. Anonymous comments will not be included in the Legislation packet. Please note: This digital copy is being provided for the benefit of the Navajo Nation chapters and public use. Any political use is prohibited. All written comments received become the property of the Navajo Nation and will be forwarded to the assigned Navajo Nation Council standing committee(s) and/or the Navajo Nation Council for review. Any tampering with public records are punishable by Navajo Nation law pursuant to 17 N.N.C. 374 et. seq.
LEGISLATIVE SUMrAcr sr~t TrackingNo. Q 3 - _/ DATE: April 11, 2017 SUBJECT AN ACTION RELATING TO RESOURCES AND DEVELOPMENT; APPROVING A REVOCABLE USE PERMIT FOR MISSION SITE OF TWO (2) ACRES FOR THE STRONG HOLD BAPTIST CHURCH IN THE VICINITY OF PINON CHAPTER, NAVAJO NATION PURPOSE: The purpose of this legislation is to approve a revocable use permit for a mission site for the Strong Hold Baptist Church in the vicinity of Pinon Chapter, Navajo Nation. This written summary does not address recommended amendments as may be provided by the standing committees. The Office of Legislative Counsel requests each Council Delegate review the proposed resolution in detail. 17-201-1
5-DAY BILL H LD PERIOD: ~ f/;>n Web~. ite Posli g Time/Date: J R Pcsltng End le: ~, I Cf :~ Eligible for Ac ion:.?.f~ 1 PROPOSED STANDING COMMITTEE RESOLUTION 2 3 4 5 6 23rd NAVAJO NATION COUNCIL --Third Year, 2017 INTRODUCED BY ~~!J-L~ 4rime Sponsor) Resources & Deve1opm nt Commitb~e 7 8 TRACKINGNO. Ql39-J1-- 9 10 AN ACTION 11 RELATING TO RESOURCES AND DEVELOPMENT; APPROVING A 12 REVOCABLE USE PERMIT FOR MISSION SITE OF TWO (2) ACRES FOR THE 13 STRONG HOLD BAPTIST CHURCH IN THE VICINITY OF PINON CHAPTER, 14 NAVAJO NATION 15 16 Section One. Authority 17 A. Pursuant to 16 N.N.C. Section 1151 (C), the Resources Development Committee of 18 the Navajo Nation Council has the authority to give approval for permits for mission 19 sites on behalf of the Navajo Nation. 20 B. Pursuant to 2 N.N.C. Section 501 (B)(2), the Resources Development Committee of 21 the Navajo Nation Council has the authority to give final approval for all land 22 withdrawals, nom-mineral leases, permits, licenses, rights-of-way, surface easements 23 and bonding requirements on Navajo Nation lands and unrestricted (fee) land. This 24 authority shall include subleases, modifications, assignments, leasehold 25 encumbrances, transfers, renewals, and terminations. 26 27 Section Two. Title 16 of the Navajo Nation Code Provisions with Respect to Mission 28 Sites 29 A. Pursuant to 16 N.N.C. Section 1153 (A) No permit to enlarge the area of Navajo Nation 30 land presently under permit to a missionary or mission body, and no permit to grant Page 1 ofs 17-201-1
Navajo Nation land for a new mission site will be granted by the Resources Committee 2 unless the application for such permit has first been reviewed by the Navajo Land 3 Department of the Navajo Nation. 4 B. Pursuant to 16N.N.C. Section 1153 (B)theapplicationforamissionsiteshallcontain: 5 1. An exact description of the Navajo Nation land for which application is made. 6 2. A detailed statement of the purpose or purposes for which the said Navajo Nation 7 land shall be used. If a missionary or mission body proposes to establish facilities 8 for educational, medical, or other non-religious activities, the application shall set 9 forth fully the extent and character thereof. 10 3. A signed petition of a substantial number of Navajos residing in the vicinity of the 11 proposed site endorsing the proposed permit. 12 4. An endorsement of Navajo Nation Council Delegates of the District in which the 13 proposed site is located. 14 5. A description of buildings and improvements to be placed on Navajo Nation lands 15 and an estimate of the cost thereof. Pursuant to 16 N.N.C. 1155 the Resources 16 and Development Committee is authorized to deny or grant, on behalf of the Navajo 17 Nation, any permit with special consideration to the establishment of too many 18 missions in any one area or at any one point. 19 C. Pursuant to 16 N.N.C. 1159 (B) the following acreage limitations shall apply to all 20 applicants for permits: 21 1. Mission site for purely religious activities: one and one-half (1 1/2) acres; 22 2. Mission site for religious activities and community services facilities: three and 23 one-half (3 1/2) acres: 24 3. Mission site for religious activities and either substantial medical or accredited 25 educational programs: eight (8) acres; and 26 4. The Resources and Development Committee may, in the case of applications for 27 mission sites in or near areas withdrawn for townships in the Navajo Nation, limit 28 site acreage to less than two and five-tenths (2 5/10) acres, and may set rental fees 29 with due regard for present or future competing demands for land use in such areas. 30 Page 2 of5 17-201-1
D. Pursuant to 16 N.N.C. 1159 (C) "community service facilities" shall be deemed to 2 include only those permanent improvements upon the permitted site which are for the 3 purpose of providing recreational programs, non-religious educational programs, 4 including adult education, and other non-religious programs of benefit to the 5 community. 6 E. Pursuant to 16 N.N.C. 1160 (A), the acreage limitations established by 16 N.N.C. 7 1159 may be waived by the Resources and Development Committee upon a showing 8 by the applicant that planned programs will be of sufficient benefit to the Navajo People 9 to justify waiver of acreage limitations. No waiver of acreage limitations shall be 10 granted unless the applicant has complied with 16 N.N.C. 1153 and 1161, and all 11 other procedures provided by law. 12 F. Pursuant to 16 N.N.C. 1160 (B) no waiver of acreage limitations shall be granted in 13 cases of applications subject to acreage limitations established by 16 N.N.C. 1159(B) 14 (1). 15 G. Pursuant to 16 N.N.C. 1161 no application for a mission site permit for an area of 16 Navajo Nation land in excess of the limitations established in 16 N.N.C. 1159 shall 17 be granted by the Resources and Development Committee unless the application for 18 such permit has been reviewed and approved by the Division of Community 19 Development of the Navajo Nation, and by the Navajo Land Department of the Navajo 20 Nation. 21 22 Section Three. Findings 23 A. The Strong Hold Baptist Church, P.O. Box 232, Ganado, Arizona 86505 has applied 24 for a Revocable Use Permit for Mission Site within the Pinon Chapter. See Exhibit 25 "A". 26 B. The proposed mission site is located on 2 acres, more or less, within the vicinity of 27 Pinon, Navajo Nation (Arizona). The land description appears on the survey plat. See 28 Exhibit "B". 29 C. Pursuant to 16 N.N.C. Section 1153 (A) this request for a mission site permit has been 30 reviewed by the Navajo Land Department. See Exhibit "A-1". Page 3of5 17-201-1
D. The District 4 Grazing Official has indicated that N.P.L. grazing permits were cancelled 2 by Federal Court in 1973. See Exhibit "C." 3 E. The Pinon Chapter Resolution No. PIN-16-66 entitled "Approving the Land Withdraw 4 of2.0 Acres and Recommending to the Bureau oflndian Affairs and Navajo Nation to 5 Grant a Mission Site Lease to Stronghold Baptist Church for Religious Use." and the 6 signed petition by the local residents are also attached herein as Exhibit "D." 7 F. Biological, Cultural and Archaeological surveys and clearances for this permit were 8 completed including an Environmental Assessment, are all attached herein as Exhibit 9 "E." 10 G. A letter from the Missionary Pastor of the Strong Hold Baptist Church states that 11 "Strong Hold Baptist Church facilities need to include buildings to accommodate youth 12 classes, programs and recreational activities. It is our desire to install a basketball court, 13 volleyball court and other such necessities to reach out and enhance the lives of our 14 youth." See Exhibit "F". The Resources and Development Committee finds that the 15 Strong Hold Baptist Church's requested use of two (2) acres, more or less, will also be 16 used for community service facilities such as providing recreational programs of benefit 17 to the community. 18 H. Resources and Development Committee Resolution No. RDCJN-33-15 delegated the 19 authority to process and approve Land Withdrawals to the Director of the Navajo Land 20 Department. Resolution RDCJN-33-15 approved Land Withdrawal Designation 21 Regulations ("Regulations"). Section One of the Regulations states: 22 " 1. Purpose. 23 The purpose of these Regulations is to clarify and expedite the Land Withdrawal 24 Designation process on the Navajo Nation, and explains that a Land Withdrawal 25 Designation does not authorize development or disturbance on Navajo Nation 26 land. This Land Withdrawal Designation process does not apply to how to get 27 a lease. Prior to any development on land, a lease must be obtained in addition 28 to the withdrawal. The purpose of a Land Withdrawal Designation is to 29 designate an area of land for further development by, 30 Page 4of5 17-201-1
a. Ensuring that the rights of grazing permittees, who are in compliance with 2 their grazing permits, are properly addressed as applicable and as required under 3 16 N.N.C. 1401 et seq. and to prevent any subsequent claims to the land; and 4 b. Ensuring that the affected Chapter supports the Land Withdrawal Designation 5 and use of the land." 6 I. Having received verification of the District Grazing Official that all grazing permits 7 were cancelled by Federal Court in 1973, Exhibit "C,'' and the receipt of the Pinon 8 Chapter Resolution PIN-16-66, Exhibit "D", the purpose of the Land Withdrawal 9 Designation has been met ensuring that the affected Chapter supports the Land 10 Withdrawal Designation and use of the land as a mission site. 11 J. The Resources and Development Committee approval of a Land Withdrawal for the 12 purposes of a mission site with this legislation will serve a public purpose of expediting 13 the process of the approval of a Revocable Use Permit for this mission site. 14 K. The Terms and Conditions for the Mission Site Permit is attached as Exhibit "G." 15 16 Section Four. Approval 17 A. The Resources and Development Committee of the Navajo Nation Council hereby 18 approves the withdrawal of two (2) acres, more or less, of trust lands within the vicinity 19 of Pinon Chapter, Navajo Nation (Arizona), as described in Exhibit B, for the Strong 20 Hold Baptist Church for use as a mission site. 21 B. The Resources and Development Committee of the Navajo Nation Council hereby 22 approves and consents to the Revocable Use Permit for a Mission Site for the Strong 23 Hold Baptist Church, subject to but not limited to the attached Terms and Conditions 24 contained herein as Exhibit "G" which is attached hereto and incorporated herein by 25 this reference. 26 C. The Resources and Development Committee of the Navajo Nation Council hereby 27 authorizes President of the Navajo Nation to execute all documents to affect the intent 28 and purpose of this resolution. 29 30 Page 5of5 17-201-1