Thank you, Honorable Delegate Nathan Notah, for being proactive in your community!
On January 16th, Delegate Notah reached out to our organization, Tó Nizhóní Ání (TNA), regarding the Tucson Electric Power (TEP) right-of-way (ROW) renewal impacting his chapters and requested technical assistance. TNA had been educating Chapters in TEP right-of-way renewal since November 2024. TEP is seeking a ROW renewal on 102 miles of Navajo Nation lands, and had already engaged each of the 14 chapters whose boundaries are within the ROW, securing supporting resolutions approving the ROW renewal.
However, TNA discovered that there were discrepancies in the community benefits each chapter included in their resolutions. Some chapters requested community benefits from TEP while others requested none. Understanding that these discrepancies cause significant inequalities between chapters that share the same ROW, Delegate Notah asked to have a coordinated effort to bring the chapters in District 14 towards alignment in their request for direct community benefits. Delegate Nathan Notah would like his communities and chapter officials to have a better understanding of the TEP ROW Renewal and the issues arising that local chapters would be affected by. Delegate Notah also would like to see a shortened timeline in the next ROW agreement, instead of lasting another 50 years perhaps a duration of 25 or 30 years instead. As the Navajo Nation and TEP continue their negotiations of the ROW payments, our organization feels it is urgent for chapters within the ROW to come together and identify a plan of action to secure direct community benefits that is reasonable and equitable to all the people and chapters involved.
Photo Credit: Eleanor Smith
Information shared during the District 14 Council meeting can be found in TNA’s TEP ROW flyer (link here). The TEP Transmission line ROW began in 1973, when the Navajo Nation granted TEP ROW easements for TEP’s transmission line that crosses Navajo lands between Farmington and Gallup, NM. TNA Community Organizers emphasized during the meeting that the Navajo Nation only received a one-time payment of $34,947.97 in the original ROW agreement. ROW rates can be calculated per acre per year, TNA calculated that $34,947.97 dollars equates to about 17 cents per acre per year for 50 years. In 1980, the Bureau of Land Management (BLM) had data about what their rates were for transmission lines, which required developers to pay $4.49 dollars per acre per year in Navajo and Coconino Counties (counties overlapping the Navajo Nation). So, while the Navajo Nation was still receiving 17 cents per acre per year, a federal entity was charging 26 times more for land that was comparable to Navajo lands.
The goal is to secure direct community benefits for Navajo Chapters who originally were left out of the negotiations in 1973 but also ensure that the Navajo Nation positions itself to negotiate rates according to current market values.
Photo Credit: Navajo Nation Council
Photo Credit: Mexican Springs Chapter Website
It’s a difficult thing to challenge the status quo especially on Navajo when the people are constantly being told they have no say in a project let alone have a right to request direct community benefits. A part of TNA’s presentation was also to share that across the U.S. transmission line developers and operators are now compensating people for the use of their land and even compensating for just being in proximity to a transmission line without actually owning the land. This practice is commonplace, therefore, the Chapters have every right to engage with TEP and request community benefits on behalf of their people who will effectively give up the use of the land again for the next 50 years. TNA’s presentation also entailed some strategic planning on next steps for the Chapters and legal suggestions, we are confident that the information will empower Chapters to also take proactive measures and not let TEP get away with social irresponsibility and taking advantage of Indigenous communities.
Once again, Tó Nizhóní Ání would like to thank Honorable Delegate Nathan Notah for his invitation to attend and present to the District 14 Council meeting. Delegate Notah exemplifies what a great advocate can do for their Chapters in this TEP-ROW transmission line renewal negotiation effort. To learn more about this issue, please visit: www.tonizhoniani.org/tep-row-renewal-navajo or email [email protected]
