United States. Congress. Senate. Committee on Indi.

Navajo-Hopi Relocation Housing Program : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fourth Congress, first session, on S. 349 ... March 15, 1995, Washington, DC online

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Online LibraryUnited States. Congress. Senate. Committee on IndiNavajo-Hopi Relocation Housing Program : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fourth Congress, first session, on S. 349 ... March 15, 1995, Washington, DC → online text (page 4 of 11)
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United States; and,

WHEREAS, the Hopi Tribe, the Navajo Nation, the Kanybeads
Plaintiffs, and the United States benefit from such a voluntary
settlement, and will fully support such a voluntary settlement;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
I. AUTHORITY AND UNDERTAKING OF THE NEGOTIATORS

A. The Hopi Relocation Task Team ("Hopi Team*) is the team
appointed by the Hopi Tribal Council to discuss and make recom-
mendations to the Hopi Tribe concerning a resolution of matters
outstanding among the Hopi Tribe, the Navajo Nation, their
respective members, the Manvbeads Plaintiffs, and the United
States. No action of the Hopi Team is to be considered final



25



action of the Hop! Tribe until presented to Hopi villages and
ratified by the Hopi Tribal Council. The Hopi Team agrees to
present and to provide its full support for this agreement in
meetings with the Hopi Tribal Council emd the Hopi villages.

B. The Navajo-Hopi Land Commission ("Task Force") is the
duly authorized team appointed by the Navajo Nation to discuss and
make recommendations to the Navajo Nation concerning a resolution
of matters outstanding among the Hopi Tribe, the Navajo Nation,
their respective members, the Manybeads Plaintiffs, and the United
States. No action of the Task Force is to be considered final
action of the Navajo Nation tintil presented to affected communities
and ratified by the Navajo Nation Council. The Task Force agrees
to present and to provide its full support for this agreement in
meetings with the Navajo Nation Cotincil and the affected communi-
ties.

C. The United States' negotiators from the Departments of
Justice and the Interior ("Government Negotiators") are the proper
representatives of the United States in the matter. No action of
the Government Negotiators is to be considered final action of the
United States until ratified by the Secretary of the Interior and
the Attorney General, or his representative appointed for this
purpose. The Government Negotiators agree to present suid to
provide their full support for this agreement in meetings within
the Department of the Interior and the Department of Justice, and
other necessary entities within the Executive branch of the United
States.



26



D- L«e Brooke Phillips is the proper representative of the
Manybeads Plaintiffs in the matter. No action of Mr. Phillips is
to be considered final action of the Manybeads Plaintiffs until
ratified by the Manvbeads Plaintiffs. Mr. Phillips agrees to
present and to provide his full support for this agreement in
meetings with the Manvbeads Plaintiffs.

E. Judge Harry R. McCue, Magistrate for the United States
District Court for the Southern District of the California, has
presided over the settlement discussions in this matter pxirsuant
to the orders of the Ninth Circuit Court of Appeals in the cases
pending before that Court captioned Manybeads v. United states and
Masavesva v. Zah . Judge McCue agrees to assist the parties in
explaining this agreement: to the Hopi Tribal Council and to the
Hopi villages, if requested by the Hopi Team; to the Navajo Nation
Council and the Navajo tribal members, if requested by the Tas)c
Force; to the Manybeads plaintiffs, if requested by Mr. Phillips;
and to the Department of the Interior and the Department of
Justice, and other necessary entities within the Executive and
Legislative branches of the United States, if requested by any
party hereto.
II. TERMINATION OF AGREEMENT IN PRINCIPLE

The Hopi Team, the Task Force, Mr. Phillips, and the Govern-
ment Negotiators agree to use their best efforts to conclude and
sign a settlement on the issues addressed in this Agreement in
Principle on or before October 30, 1992. If no such agreement is
reached and signed among tbe above parties by October 30, 1992, and



27



ratified by the duly authorized principals of the negotiators by
Novenber 20, 1992 (except for the United States which shall have
until November 25, 1992 to ratify the Agreement), the agreements
identified herein lapse without obligation or liability to any of
the parties.
III. ACCOMMODATION OF NAVAJOS ON HOPI-PARTITIONED LAND

A. Eligibility . To any Navajo on List A provided to the
Hopi Tribe, a copy of which is attached hereto as Appendix A, and,
in addition, (i) those Navajos domiciled on the HPL who axe
temporarily away for purposes of education, employment, military
service or medical need; (ii) those Navajo legal residents on the
HPL who are subsequently certified eligible by the Office of Navajo
and Hopi Relocation; and (iii) such other individuals, as agreed
to by the Navajo and Hopi tribes, the Hopi Tribe, will offer a
lease allowing that person and his or her spouse and children to
remain on that portion of the HPL covered by their lease. The
number of homesites available for lease is 112. Additional
homesites may be made available subject to agreement between the
Hopi Tribe and homes ite applicant.

B. Parties to the Lease . The HPL lease will be signed by
the Individual lessees, who shall include all adult eligible
Navajos as defined in paragraph III. A, the Hopi Tribe, the Navajo
Nation, and the United States. Spouses of adult signatories to an
HPL lease shall also sign the family's HPL lease; children of adult
signatories to an HPL lease shall also sign the family's HPL lease
upon attaining majority.



28



C. Lease Size . The HPL lease will consist of a three (3)
acre homesite and up to ten (10) acres of currently used or nearby
farmland, consistent with the Hopi Tribe's Comprehensive Land Use
Plan ("Plan") . Sxibsequent changes to the Plan shall not reduce or
change to the detriment of the lessee the lease terms unless such
change is agreed to between the Hopi Tribe and the affected
lessees. The three acre homesite will be expanded on em individual
basis to include the residences of all eligible Havajos at that
site.

D. Grazing . The Navajo lessees, as a group, shall be
provided a minimxim of 2,800 SDYL by the Hopi Tribe. The Navajo
Nation shall maXe tJie allocation of the grazing rights provided by
the Hopi, Individual Navajo lessees may apply to the Hopi Tribe
for additional grazing privileges prior to the signing of the
Implementing Agreement.

E. Construction and Repair . All structures related to
residential, farming, grazing or Navajo ceremonial use which are
currently on the HPL leaseholds shall remain permitted, as part of
each lease. The individual lessees shall be allowed to repair,
restore, and enlarge existing structures. The individual lessees
shall be permitted, after application, to construct new structures
on the lease areas so long as the structures are related to
residential, farming, grazing, or Navajo ceremonial use. Applica-
tions for new permitted structures will be processed ajid granted
within seven days.



29



F. Infrastructure. So long as it is in compliance with
applicable law and regulation, infrastructure aay be constructed
by the Hopi Tribe, the Navajo Nation, other appropriate parties
including utilities, to serve the HPL including but not limited to
roads, electrical lines, vater systems, and ether infrastructure
related to the residential, grazing and farming use of the HPL.
Where such infrastructure is constructed, the subject infrastruc-
ture shall be made available to all HPI. residents in the area on
an equitable and non-discriminatory basis. The parties providing
such infrastructure shall enter into appropriate agreements
including, but not limited to, the sharing of costs.

G. Jurisdiction.

1. Except as otherwise provided in this Agreement and
in subparagraphs 2 emd 3 below, the HPL leases and the individual
lessees will be subject to criminal and civil jurisdiction of the
Hopi Tribe.

2- For issues which are entirely Navajo related, e.g.,
probate, domestic relations, child custody and adoption, tribal
benefits and services, etc., Navajo law will apply and Navajo
courts shall have sole jurisdiction over such matters. Questions
regarding ownership of HPL leases, however, shall be decided
consistent with the terms of the HPL leases.

3. The parties agree that a review procedure shall be
established for resolving disputes which affect leaseholds and
grazing privileges. Details of this provision will be negotiated



30



b«tw«en th* Navajo Nation, the Manvbeads Plaintiffs, and the Hopi
Tribe.

4. The Hopi Tribe shall provide due process under Hopi
law and to treat Navajo lessees fairly and equitably.

H. Term of Accommodation . The HPL leases shall be for a
term of 75 years. Lessees may apply to the Hopi Tribe for
additional extension of the lease period.

I. Transfer . The HPL leases shall be transferable for
eligible persons, as defined in Section III. A of this Agreement,
to other eligible persons or to children subsequently bom to an
eligible person, provided those children reside on the HPL at the
time of transfer. Absence from the leasehold to attend school,
work, illness, military service, etc., shall not be considered in
determining whether an individual has lived on the HPL leasehold.
In the event of a transfer, the transfer would not become effective
until the transferee (s) agree to continue to reside on the property
in accordance with the terms and conditions of the HPL lease and
executed the lease as the new lessee (s) thereunder. The trans-
feree (s) would be entitled to the use and benefit of the lease for
the remainder of the lease term. The transfer of a lease shall be
according to the terms and conditions of the lease.

J. Termination for Cause . The HPL leases will be terminable
for cause. Cause shall include:

(1) Hon-use of the HPL leased premises for residential
purposes by the lessee or his or her fiuiily and/or descendants for
a substantial period of time exceeding 2 years.



31



(2) A lessee's Jaiowingly violation of substantive
naterial terms or conditions of the HPL lease. Such lease
termination shall not affect the rights of other lessees who did
not participate in the violation from remaining on the HPL
leasehold.

(3) Individual HPL lessees may have their lease rights
terminated for the lessee's conviction in a court of competent
jurisdiction of violation of certain felonies as defined under
Federal lav or violation of certain Hopi tribal ordinances or lavs.
A list of the Federal and Hopi lavs vbich constitute offenses which
could subject an individual, if convicted, to lease termination
will be negotiated by the Hopi Tribe, the Navajo Nation, and the
Manybeads Plaintiffs. Such lease termination, however, shall not
affect the rights of other HPL lessees residing on the same lease
premises.

(4) Failure to pay rent. If the Hopi Tribe commences
a proceeding to terminate a lease (pursuant to paragraphs i through
4 eibove) , the Hopi Tribe shall provide all affected lessees and the
Navajo Nation vith written notice and a reasonable opportunity to
be heard and to cure the violation.

K. Effect on Relocation Benefits . The passage of 3 years
following the acceptance of homesite lease constitrrtes a waiver of
any and all rights the lessee has to relocation benefits \inder 25
U.S.C. S 640d.

L. Lease Application . Any Navajo meeting the requirements
of Section III. A above is entitled to enter into an HPL lease with



32



th« Hopi Tribe within 1 year after Congressional enactment
effectuating the Agreement. The lease form to be used vill be
negotiated by the Kopi Tribe, the Navajo Kation, and the Manvbeads
Plaintiffs, within 13 months after the effective date of imple-
menting settlement legislation, the United States shall implement
the provisions of 25 Code of Federal Regulations § 700.13/7 (1992
ed.) on the New Lands for all Navajos residing on the HPL who are
eligible for a replacement home from the ONHIR but have not made
timely arrangements for a lease on the HPL. Those provisions shall
be fully implemented within 3 years of the commencement of this
process .

M. Fund for Subsequent Navaio Relocations. Any Navajo whose
lease is terminated for cause within 7 years following the
acceptance of that lease on the HPL shall be eligible for temporary
relocation assistance. Such assistance shall be made available in
a timely manner within 30 days by the ONHIR in amounts and
according to the presently established ONHIR regulations applicable
to temporary relocation assistance and such other funds as are
reasonably necessary.

N. Sunset for Relocation Office Activities on the HPL .
Within 3 years of the effective date settlement legislation, the
ONHIR, with the continued assistance and the cooperation of the
Navajo Nation in processing applications for homesite leases on the
Navajo Reservation, shall have completed all of the activities with
regard to voluntary relocation of Navajos electing to relocate from
the Hopi partitioned lands- It is expressly understood among the



33



parties that nothing in this Settlement Agreement or settlement
legislation shall allow the OMHIR to change its priority system in
a manner which would provide BPL relocates' priority over other
eligible Mavajos living in unsafe bousing.

O. SsQ^. The Mavaje Nation zmd the Hopi Tribe agree to
negotiate an appropriate rent.

P. Interim Implementation. Between the signing of this
Agreement in Principle and the effective date of implementing
legislation, the parties agree to implement this Agreement on an
interim basis.

Q. Equal Treatment . Navajo lessees on the HPL shall be
subject to the sane rules and regulations and provided with the
same access to infrastructure and resources as members of the Ropi
Tribe residing on the HPL.

R. Section 106 Notice . The United States shall continue to
provide the Manybeads Plaintiffs with notice of proposed government
fencing and government construction projects on the HPL and to
otherwise coBftly with Section 106 of the NHPA.
IV. DISMISSAL OF CASES

A. The Owelty, Damage, Use, New Construction, Post-Partition
Rent, Manvbeads . Claims Court cases (by the Hopi Tribe) will be
dismissed with prejudice. The parties shall attach to the
Implementing Agreement a list of these cases by proper citation and
docket number.



10



34



B. The Navajo Nation and the Hopi Tribe waive and relinijuish
vith prejudice all claiss against the United States they might have
as of this date under 25 U.S.C. S 640d.

C. Upon the effective date of implementing legislation, the
Navajo Nation and the United States agree to collectively seeX
remission of any contempt fine which may be imposed against the
Navajo Nation in the new construction litigation pending the
District Court of Arizona. The Hopi Tribe shall not oppose such
application.

V. COMPENSATION TO THE HOPI TRIBE
A. CO. Bar Ranch

1. The Navajo Tribe shall purchase the CO. Bar Ranch
and transfer all of that ranch west of the ridge line nearest to
the Little Colorado River to the Hopi Tribe, except for additional
acreage which shall be identified by the Navajo Nation. The total
acreage of the land retained east of the ridge line and identified
by the Kavajo Nation shall not exceed 35,000 acres. Those portions
cf the CO. Bar Ranch retained by the Navajo Nation pursuant to the
agreement described above shall be taken into trust for the Navajo
Nation, except for the trust allotments therein which have already
been taken into trust for the allotees.

2. The Navajo Tribe shall relinquish to the Hopi Tribe
a portion of Federal lands not to exceed 35,000 acres (agreeable
to the United States, the Navajo Nation, emd Hopi Tribe) and
contiguous to the CO. Bar Ranch from the Espil Ranch in equal



11



35



acreage to that portion of the CO. Bar Ranch that has been
retained by the Navajo Nation as described above.

3. The United States shall take into trust for the Hopi
Tribe the property described in (1) and (2) above. The acreage
described in paragraph (2) above shall not exceed 35,000 acres.

4. No lands shall be taken in trust by the Cnited
States for either Tribe pursuant to this Agreement until implement-
ing legislation has been enacted.

B. The religious leaders of the Navajo Nation and the Hopi
Tribe shall meet to discuss the sipapu. If they do not reach an
agreement within three months of Ratification of this Agreement,
the Hopi Tribe and the Navajo Nation shall enter into negotiations
regarding the status of land at the Sipapu.

C. The Navajo Tribe shall grant to the Hopi Tribe a corridor
to be taken in trust by the United States for the Hopi Tribe
linking the 1882 Hopi Reservation with the CO. Bar Ranch. The
Navajo Nation shall draw the corridor line and determine its
dimensions.

D. Hart Ranch

The United States shall purchase the Hart Ranch and transfer
all of that ranch to the Hopi Tribe. In the event that purchase
cannot be made for $5 million, or less, or the state lands cannot
be acquired, the United States shall pay to the Hopi Tribe $5
million if no other alternative can be agreed upon.

E. The United States shall pay S15 million to the Hopi
Tribe.

12



36



F. The United States agrees to assist the Hopi Tribe in
managing the HPL land and the newly acquired lands.

G. Cliff Springs

The parties agree that members of both the Navajo and Hop!
Tribes shall be given free and unimpeded access to all identified
religious on all portions of either reservation. The Navajo Nation
agrees that the Bopi Tribal members vho are visiting the shrine at
Cliff Springs vould be able to gather fir branches outside the two-
mile radius established in 25 U.S. c. S 640d-l9 and that members of
both the Hopi and Navajo tribes be given free and unimpeded access
to all identified religious shrines on all portions of either
reservation, provided the Hopi Tribe meets with the local Navajo
residents near Cliff Springs prior to the initial visit and
establishes amicable relations with the Navajo residents prior to
gathering fir branches.
VII. UNITARY SETTLEMENT

The parties agree that each of the provisions of the Agreement
are interrelated and interdependent on the other provisions of the
Agreement. If an implementing agreement is reached, the parties,
and each of them, agree that they will not offer or agree to anyone
offering on their behalf any additions or amendments to any
legislation necessary to effectuate this Agreement and that the
amendment of any one provision releases the parties from their
agreements reflected in the provisions of this Agreement.

In addition, the parties to this Agreement recognize that it
would not be a violation of this Agreement for the Navajo Nation

13



37



to seek Independent of this Agreement, and outside of any legisla-
tion iapleaenting tbis Agreement, Congressional authorization to
have any of the Espil Ranch taken in trust for the Navajo Kation.
If the Navajo effort is successful, the transfer into trust shall
occur wholly outside the provisions or scope of this Agreement.
In emy event, however, the Navajo Nation agrees that it will
continue to support legislative approval of the terms of this
Agreement regardless of whether its efforts respecting the Espil
Ranch are successful.



14



38



Peterson Zafc' ~
President, Navajo Nation



Ji



'yj



Lee Brooke Phillips

Counsel, Manvbeads Plaintiffs



U^(n^ /A



Vernon Masayesva
Chairman, Hop



i TriM



Peter R.- Steenland Jr.
United States Department
Justice



n



Harry R. /McCue Daniel L. JacJcsoiiJ



United States Magistrate Judge
October 30, 1992



United States Department of the
Interior



39



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Ij -5 « ^ C 'u 5






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a.



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§*■■■■■■■■ IBHHB >.• S^oS^'s^ ajt>^'^> ^-ri a>



40




41




42



THE




OPI TR©E=PH^o3

March 15. 1995



Ferrell H. Secakuku

CHAIRMAN



Wayne Taylor Jr.

VICE CHAIRMAN



Lee Phillips, Esquire
Big Mountain Legal Office
Post Office Box 1509
Flagstaff; Arizona 86002



Dear Lee:



Enclosed is the Hopi responses to the Navajo requests in the March 3, 1995
statement.

We look forward to seeing you on March 18, in Phoenix.

Sincerely,



y^^ium^AcAJUi-



Ferrell Secakuku
Chairman
Hopi Tribe



Enclosure



P.O BOX 123 — KYKOTSMOVI. ARIZONA — 86039 — (602) 734-2441



43

March 15, 1995

MEMORANDUM

To: Lee Phillips

From: Hopi Tutskwa Team

Re: Responses to Navajo Requests in March 3, 1995 Statement

1. Groimd Rule 1, pp. 3-4. The Hopi Tribe does not intend to discuss matters
that are already covered in the AIP or the Accommodation Agreement. Otherwise, with
regard to the details of implementing and understanding the Accommodation Agreement,
the Hopi Tribe intends to consider the concerns raised by the Navajo families. In
addition, the Hopi Tribe is assuming that the representatives of the families are the key
decision makers who will be able to secure needed approvals from the families. If this is
incorrect, we need to know that.

2. Ground Rule 2, p. 4. The Hopi Tribes is indifferent to the process of
decision making the Navajo families uses as long as it does not cause delay. Under the
schedule proposed in Groimd Rule 7, the meetings should be completed by mid-May, and
the Hopi Tribe intends to stick by that.

3. Ground Rule 3, p. 4. The Hopi Tribes does not believe that press releases
following each meeting are necessarily appropriate. However, it does agree that whatever

-1-



44



press releases are issued should be jointly approved so discussion are carried on face to
face between parties and not in the newspapers.

4. Ground Rules 4, 5 & 6, p. 4. The Hopi Tribe has no objection to these
ground rules.

5. Ground Rule 7, pp. 4-5. The Hopi Tribe is eager to oomplete this process
and hopes that the parties can agree on mutually convenient times that would allow us to
complete it by mid-May. v

6. Religious 3, p. 6. The Hopi Tribes does not agree with this language and
believes that the preamble akeady set forth in the Accommodation Agreement is
sufficient.

7. Religious 4 a), p. 7. The Hopi Tribe has already agreed to grant permits for
religious construction at homesites and to continue granting permits for temporary
structtires as it has in the past. The Tribe is willing to discuss how to accommodate the
gathering of materials under the Hopi ordinances.

8. Religious 4 b), p. 7. The Hopi Tribe does not charge fees for the right to
exercise religion. It does charge fees for certain activities on its reservation, such as
grazing, hunting, etc. These are general fees which are directed at everyone on the
Reservation.

9. Religious 5 a) & b), p. 7. With regard to fences that have already been
constructed, the Hopi Tribe has complied with the SHPO process. As part of that
process, it asked the Navajo Nation whether there were sacred sites that would require the

-2-



45



adjustment of the fence line several feet in any direction. Each of the sacred sites
identified were dealt with before the fences were constructed. The Hopi Tribe will
continue to comply with this process in the future as fence lines are designed and built.

10. Religious 5 c), p. 7. The Hopi Tribal Council has considered the burial
issue on several previous occasions and has currently decided that the policy expressed in
the Accommodation Agreement is appropriate.

1 1 . Religious 5 d), p. 7. The Hopi Tribe is willing to discuss how the
Woodland Ordinance applies to this activity.

12. Religious 5 e), pp. 7-8. Assuming that all parties give each other common
courtesy and respect, the gathering of plants and herbs should not be a problem.

13. Religious 5 f), p. 8. The Hopi Tribe is willing to consider the map of
sacred areas as it implements its Comprehensive Land Use Plan.

14. Religious 5 g), p. 8. The Hopi Tribe will continue to permit temporary
religious structures as it has in the past, which has worked very well without incident.
Permit conditions regarding dismantling can be worked out at the time of each request.

15. Religious 6, p. 8. Navajo individuals are always free to talk to Hopi
individuals about subjects of their mutual choosing.

16. Religious 7. A. 1., p. 8. The Accommodation Agreement grants certain
rights and privileges that allow, among other things, the construction of hogans and
ceremonial structures. In addition, as stated above, the Tribe is willing to consider
mapping of Navajo sacred sites and to allow herb gathering. Thus, the activities the

-3-



46



individuals are concerned about are already dealt with.

17. Religious 7. A.2., p. 9. The burial issue has already been considered by the
Hopi Tribal Council (see item #10 above).


1 2 4 6 7 8 9 10 11

Online LibraryUnited States. Congress. Senate. Committee on IndiNavajo-Hopi Relocation Housing Program : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fourth Congress, first session, on S. 349 ... March 15, 1995, Washington, DC → online text (page 4 of 11)