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F I S C A L I M P A C T R E P O R T





SPONSOR: HTRC DATE TYPED: 03/14/01 HB 217/HTRCS
SHORT TITLE: Navajo Nation Right-of-Way Agreements SB
ANALYST: Valdes


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
Indeterminate



(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



LFC Files

Navajo Nation

State Highway and Transportation Department (SHTD)



SUMMARY



Synopsis of Bill



House Taxation and Revenue Committee Substitute for House Bill 217 specifies terms and conditions upon which the State Highway and Transportation Department (SHTD) shall accept right of way grants from the Interior Department Secretary pursuant to Navajo Nation approval. The bill also requires the state to enter into cooperative agreements with the Navajo Nation for law enforcement and emergency services required to ensure the health and safety of persons traveling on highway rights of way in the Navajo Nation. It also requires the state to negotiate shared jurisdictions with the Navajo Nation. The following provisions are specified regarding negotiations between the state and the Navajo Nation:

The bill also requires SHTD to negotiate right of way agreements with the Navajo Nation in good faith and in a timely manner. If the agreement cannot be completed within one year, the parties shall engage the services of mediators to help facilitate the process of reconciling issues in the dispute, at shared expense between the parties, unless the parties agree otherwise.



The bill contains an emergency clause.



Significant Issues



The House Taxation and Revenue Committee substitute was drafted to address State Highway and Transportation Department concerns with the original version of House Bill 217. The provision in the original bill to require the department to renegotiate all existing right of way agreements was deleted. The length of the agreement can be for the life of the road. The committee substitute is now acceptable to both SHTD and Navajo Nation administrators.



FISCAL IMPLICATIONS



No impact.



ADMINISTRATIVE IMPLICATIONS



The committee substitute would require SHTD to negotiate in good faith with the Navajo Nation for right of way agreements within a twelve month period. If agreement is not reached within that period the parties are required to engage a mediator to help facilitate resolution of the dispute.



CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP



House Taxation and Revenue Committee Substitute for House Bill 217 is identical to Senate Bill 709/SJCS/aSFl #1.



MV/ar