Group won’t back down until gaming law rescinded

By Kathy Helms
Diné Bureau

GALLUP — The group planning to file suit against the Shirley administration’s plans to secure a $100 million line of credit from JP Morgan Chase to finance Navajo gaming operations met Friday afternoon in Gallup. They agreed to keep the notice of intent to sue in place until the Navajo Nation Council rescinds the originating legislation.

The group Ha’da’a Sidi will send letters to Council Speaker Lawrence Morgan requesting the emergency legislation introduced by Delegate Amos Johnson and passed by Council be rescinded before they drop the intent to sue. The notice of intent gives the group two years to file suit, according to attorney Jim Zion of Albuquerque.

The group is hopeful the legislation will be rescinded by Council’s spring session.

Zion said the group will request that Council be careful in using the Land Acquisition Trust Fund and that it does not break the intent of the law, as well as the spirit of the law, while using those funds.

Milton Bluehouse Sr., chair of “The Vigilant Ones,” said the group met and reviewed recent actions taken in regard to gaming. “It appears that there may be several questions that need to be still answered, and we will continue to keep the notice in place.”

The Budget & Finance Committee is scheduled to meet Feb. 4 to take final action on using $35 million of the $56 million land acquisition fund to get the casino proposed for Churchrock off the ground.

In discussing whether to move forward with the intent to sue in light of recent developments, Vern Lee and Eddie Arthur, members of the group, were concerned that although the JP Morgan deal appears dead, because the legislation has not been rescinded, it could be acted on at a later date.

“We need to keep that pressure in place,” Donald Dodge, a member of Diné Development Corp., said.

Council Delegate Leonard Tsosie, who attempted to table the JP Morgan legislation when it originally came before Council, said he still has some concerns with the present financing plan.

“The original intent is not to use this money to build casinos. I don’t mind if they use it to buy land, but to try to do a building at Churchrock, I would have strong concerns about that,” Tsosie said.

The B&F Investment Committee has authority over investments and Resources has authority over land purchases. The $35 million in funding would be an “investment” into Navajo Nation Gaming Enterprise by Resources, and not a land purchase, thus, B&F says it has jurisdiction.

“The discussion on gaming belongs to the full Council,” Tsosie said. “The two committees cannot unilaterally discuss this and approve transferring funds for the purpose of building casino buildings. The two committees need to respect the Council and bring it back to the Council.”

In the absence of public knowledge of some of the transactions taking place, Ivan Gamble of Ha’da’a Sidi said the group is “asking that the full council be kept updated and informed concerning gaming issues and that these difficult decisions are made by consent of the governed.”

“We also ask that the controller, attorney general, and chief legislative counsel are more civil and that they better serve the Nation when they advise our leaders.”