Legislation Details

The purpose of this legislation is to approve:1. The grant of Development Rights to Arcadian Infracom Fiber Project:2. The grant of Rights of Way and Hut location leases for all communications purposes, for an initial term of fifty (50) years with two (2) successive twenty (20) year renewal periods;3. The combined cash and in-kind compensation mechanism as consideration paid to the Navajo Nation for use of the Rights-of-Way, Hut location leases and grant of the Development Rights;4. Arcadian providing to third parties rights to use dark fiber and conduit related services including O&M and colocation as well as other communications services along the Routes installed on the Rights-of-Way.5. The Resources and Development Committee would make such grant recognizing that permitting process approvals may be completed following commencement or following completion of construction of the Fiber Project.6. The Resources and Development Committee would grant to Arcadian approval to assign, with the right to mortgage, all or any portion of the Rights-of-Way or Hut leases to the extent necessary for Arcadian to secure financing for the Fiber Project.7. Arcadian would be required to commence, but not complete prior to either commencement or completion of construction, all required studies and requests for permissions.8. The cash and in-kind compensation agreed in the form of free use of Arcadian dark fibers and wavelength services to be provided to the Navajo Nation in exchange for the grant of the Rights-of-Way as satisfactory to the Navajo Nation and is in the Navajo Nation’s best interest.9. The Waiver by the Navajo Nation of valuation by the Bureau of Indian Affairs pursuant to 25 C.F.R § 169.110(b) is in the best interests of the Navajo Nation.10. Acceptance of the agreed upon cash and in-kind compensation for the grant of the Rights-of-Way is in the Navajo Nation’s best interest.