WINDOW ROCK – On Monday, the Health, Education, and Human Services
Committee approved Legislation No. 0121-16, which wouldestablish the Navajo Nation’s
position to oppose hydraulic fracturing, also known as “fracking” within the Navajo
Nation. 

According to the legislation, hydraulic fracturing is the injection of fluid
into shale beds at high pressure in order to free up petroleum resources such as oil
and gas. It creates fissures in the rock deep beneath the earth’s surface, which
allows oil and gas to flow into a well that will collect the petroleum
resources. 

Legislation sponsor Council Delegate Jonathan Hale (Oak Springs, St.
Michaels) said due to high concern regarding the effects of fracturing, the need to
oppose the resource extraction method would allow the Navajo Nation to carry out
and complete studies to ensure the land can withstand such a traumatic
process underground. 

“During the Naabik’íyáti’ Committee meeting last week, we received
a report from consultants from the Navajo Nation Oil and Gas Company who provided
information regarding the benefits of fracturing, however, they failed to report
adverse effects of this evasive method on the land,” said Delegate Hale. Delegate
Hale clarified that the legislation is to oppose hydraulic fracturing, but does
not prohibit the future implementation of the resource extraction method. 

HEHSC member Council Delegate Nelson S. BeGaye (Lukachukai, Rock Point, Round
Rock,Tsaile/Wheatfields, Tsé Ch’ izhi) raised concerns regarding the language in
the legislation, stating that he had concern over using the term “opposing”
rather than “prohibiting” hydraulic fracturing. “There is amoratorium on uranium, so
maybe we can do the same thing until it’s safe to allow it or if the Nation decides
to do this in the future,” said Delegate BeGaye. Delegate BeGayes uggested placing a
moratorium on hydraulic fracturing until the appropriate studies and documents have
been completed to evaluate the environmental effects on the land, surface, and ground
water. 

Navajo Nation Office of Legislative Counsel attorney Ron Haven, said if the
legislation were to be amended to place a moratorium on hydraulic fracturing, it
would significantly change the intent of the bill, and recommended that a
separate legislation be drafted to begin the moratorium process. 

Delegate Halesaid the intent of the current legislation is to begin dialogue on 
the issue and to be open with Navajo chapters and citizens, as well as to calculate 
the costs associated with maintaining the fracturing wells and to research 
preventative measures in the event of an incident. “The verbiage was put out there, 
but I wanted to see who would come out of the woodwork and support this. We are the 
lawmakers and we have to talk about this issue openly,” said Delegate Hale. “We also 
have to consult our medicine people to get their views on this issue – it is a community 
concern.”

HEHSC members voted 3-0  to approve Legislation No. 0121-16, which now goes to the 
Resources and Development Committee for consideration. The Naabik’íyáti’ Committee 
serves as the final authority on the bill.

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