Subject: Navajo ROW--Standard Terms and Conditions
From: [email-masked]
To: [email-masked]
Cc: [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked]
Date: Tue, 16 May 2000 01:25:00 -0700 (PDT)

LAWYER--CLIENT CONFIDENTIAL

People:

I have recently seen a new Navajo Nation document concerning a ROW which
reflects a "standard term and condition" I had not seen before. Since I am not
sure whether you all have seen it, I am providing it in this e-mail:

"There is expressly reserved to the Navajo Nation full territorial
legislative, executive and judicial jurisdiction over the right-of-way and all
lands burdened by the right-of-way, including without limitation over all
persons, including the public, and all activities conducted or otherwise
occurring within the right-of-way; and the right-of-way and all lands burdened
by the right-of-way shall be and forever remain Navajo Indian Country for
purposes of Navajo Nation jurisdiction."

As you appreciate, this appears to be Steve Bloxham, Esq. (Navajo Nation
Department of Justice)'s latest response to federal court decisions on Indian
jurisdiction.

Perhaps it would save time for Steve if we simply had a provision in the ROW
which said, "In the event of any conflict between opinions of federal courts
and of Steve Bloxham, Esq., the opinion of Steve Bloxham, Esq. shall govern
this ROW. All ambiguities shall be resolved in favor of the Bloxham
interpretation."

Lawrence A. Ruzow