Settlement and accommodation agreements concerning the Navajo and Hopi land dispute : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fourth Congress, second session, on oversight hearing on the proposed settlement and ac

584 Pages·1996·18.3 MB·English

by  United States. Congress. Senate. Committee on Indian Affairs (1993- )

S. HrG. 104-473
sethement and accommodation agreed
ments concerning the navajo and hopi
land dispute
Y4.IN 2/11: S. HRG. 104-473
Settlenent and Acconnodation Agreen
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FOURTH CONGRESS
SECOND SESSION
ON
OVERSIGHT HEARING ON THE PROPOSED SETTLEMENT AND ACCOM-
MODATIONS AGREEMENTS BETWEEN THE DEPARTMENT OF JUSTICE,
THE HOPI TRIBE, THE NAVAJO NATION, AND THE NAVAJO FAMILIES
RESIDING ON THE HOPI PARTITIONED LANDS
MARCH 28, 1996
WASHINGTON, DC

S. Hrg. 104^73
SETTLEMENT AND ACCOMMODATION AGREE-
MENTS CONCERNING THE NAVAJO AND HOPI
LAND DISPUTE
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FOURTH CONGRESS
SECOND SESSION
ON
OVERSIGHT HEARING ON THE PROPOSED SETTLEMENT AND ACCOM-
MODATIONS AGREEMENTS BETWEEN THE DEPARTMENT OF JUSTICE,
THE HOPI TRIBE, THE NAVAJO NATION, AN6 THE NAVAJO FAMILIES
RESIDING ON THE HOPI PARTITIONED LANDS
MARCH 28, 1996
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
23-639CC WASHINGTON : 1996
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402
ISBN 0-16-052790-2
COMMITTEE ON INDIAN AFFAIRS
JOHN McCain, Arizona, Chairman
DANIEL K. INOUYE, Hawaii, Vice Chairman
FRANK MURKOWSKI, Alaska KENT CONRAD, North DakoU
SLADE GORTON, Washington HARRY REID, Nevada
PETE V. DOMENICI, New Mexico PAUL SIMON, Illinois
NANCY LANDON KASSEBAUM, Kansas DANIEL K. AKAKA, Hawaii
DON NICKLES, Oklahoma PAUL WELLSTONE, Minnesota
BEN NIGHTHORSE CAMPBELL. Colorado BYRON L. DORGAN, North Dakota
CRAIG THOMAS, Wyoming
ORRIN G. HATCH, Utah
Steven J.W. Heeley Majority StaffDirector/ChiefCounsel
Patricia M. Zell, Minority StaffDirector/ChiefCounsel
(II)
CONTENTS
Statements:
Anderson, Bob, associate solicitor, DepartmentofJustice 4
Atkinson, Tim, Esquire, tribal attorney 12
Attakai, Roger, president, Navajo Families Mediation Team, Teestoh,
AZ 24
Bavasi, Christopher, executive director. Office ofNavajo and Hopi Indian
Relocation, Flagstaff, AZ 26
Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice chairman, Com-
mittee on Indian Affairs 3
McCain, Hon. John, U.S. Senator from Arizona, chairman, Committee
on Indian Affairs 1
Phillips, Lee Brooke, Esquire, counsel 22
Schifler Lois J., Assistant Attorney General, Environment and Natural
Resources Division, Department ofJustice 4
Secakuku, Ferrell, chairman, Hopi Tribe, Kykotsmovi, AZ 12
Tso, Mae, member, Navajo Families Mediation Team, Mosquito Springs,
AZ 22
Yazzie, Herb, attorneygeneral, Navajo Nation, Window Rock,AZ 14
Appendix
Prepared statements:
Attakai, Roger 33
Bahe, Frances, Teestoh Community Representative 35
Bavasi, Christopher(with attachment) 145
Begay, Anna H., Coal Mine Mesa Representative 45
Begay, Bessie, Mosquito Springs Community 352
Begay, Sr., David, Teestoh CommunityRepresentative 36
Begay, Harry, Mosauito Springs Community 352
Begay, Louise, Jedaito CommunityRepresentative 45
Begay, Patty, Jeddito Community 37
Biakeddy,Jane (with attachment) 361
NM
Brugge, DavidM., Anthropologist, Albuquerque, 49
Clinton, Alvin, Teestoh Community (with letter) 38
Hatathlie, Jack, Coal Mine Mesa Representative 44
Hosteennez, Louva, Sandsprings Community 49
James, Irving, president, Nahata Dziil Chapter(with attachments) 319
NM
Kelly, Klara B., ConsultingAnthropologist, Gallup, 40
Lee, Marie Ann, Sandsprings Community 47
Lee, MaryJean, Sandsprings Community 48
Manybeads Plantiffs 358
McCabe, Sr., Alfred, Sandsprings Community Representative 42
Norstog,Jon 50
Paddock, Jenny, Teestoh Community 48
Phillips, Lee Brooke 132
Secakuku, Ferrell (with attachments) 104
Schiffer LoisJ. (with attachments) 53
Tso, Mae 127
Tsosie, Alice, Low Mountain, Whippoorwill Community Representative .... 46
Tso-Yazzie, Betty, Mosquito Springs Community Representative 43
Yazzie, Herb 120
(HI)
IV
Page
Additional material submitted forthe record:
Begaye, Kelsey A., Speaker, Navajo Nation Council, letter with attach-
ments 148
Other letters, Resolutions, Questions with responses, and other attach-
ments forthe record 363
SETTLEMENT AND ACCOMMODATION AGREE-
MENTS CONCERNING THE NAVAJO AND
HOPI LAND DISPUTE
THURSDAY, MARCH 28, 1996
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The committee met, pursuant to notice, at 9 a.m. in room 485,
Senate Russell Building, Hon. John McCain (chairman of the com-
mittee) presiding.
Present: Senators McCain and Inouye.
STATEMENT OF HON. JOHN McCAIN, U.S. SENATOR FROM
ARIZONA, CHAIRMAN, COMMITTEE ON INDIANAFFAIRS
The CiiAlRMAN. Good morning.
I'd like to welcome the witnesses here today to present testimony
on the proposed settlement and accommodation agreements be-
tween the Department of Justice, the Hopi Tribe, the Navajo Na-
tion, and the Navajo families residing on the Hopi Partitioned
Lands.
First, I'd like to congratulate all the parties for their dedication
and hard work in crafting these historic agreements. These agree-
ments are the product of many years of negotiation under the aus-
pices of the Ninth Circuit Court of Appeals medication process. I
understand there are factions in both the Hopi Tribe and the Nav-
ajo Nation who will voice their opposition to this proposal. I believe
that these agreements represent a realistic effort to settle the
claims of the Hopi Tribe against the United States and provide ac-
commodation to hundreds of Navajo families residing on Hopi par-
titioned lands.
For those of you involved in the process, I know it has not been
easy and implementing the settlement may be as difficult as it was
to reach these agreements. Last year, in a hearing on the reauthor-
ization of the Office of Navajo and Hopi Indian Relocation, I cau-
tioned the leaders ofboth tribes that the days ofCongress continu-
ing to pour money into the relocation program are rapidly coming
to an end. I am pleased that they have heard these warnings and
taken them to heart.
For those individuals who are inclined to oppose the settlement
in hopes of something better coming along, let me say that the Fed-
eral budgetary pressures alone require that the relocation program
must soon be brought to an orderly and certain conclusion. I want
(1)
—
to repeat that again ^the relocation program must soon be brought
to an orderly and certain conclusion. I say that because in 1974,
the provisions of the act and belief in Congress was that it would
take 4 to 5 years to complete this settlement. The original estimate
was it would cost about $30 million; it has now cost $350 million
and there simply is not that kind of funding available in this cli-
mate.
I'd be glad to engage in a discussion and debate as to what the
Federal Government and the American peoples' obligations are, but
I think any reasonable observer would say that $350 million has
probably met the obligation that we mighthave incurred.
In light of the current atmosphere in Congress, it's highly un-
likely the Federal Government will continue to provide benefits to
the Office of Navajo and Hopi Indian Relocation much longer. As
I mentioned, 22 years has passed and the Federal Government has
spent over $350 million. This exceeds the original cost estimates by
more than 900 percent. There are over 130 appeals still pending
which raises a great deal of uncertainty regarding who is and who
is not eligible for relocation benefits.
Last year, the Office of Navajo and Hopi Indian Relocation pre-
pared a 9-year plan to conclude the relocation program. I under-
stand that the office is in the process of revising this plan to con-
clude the relocation in 5 years. I'm very interested in hearing from
them on this revised plan. I appreciate their efforts and we will be
discussing that with later witnesses.
Let me point out, to put it in perspective, originally it was going
to take only 5 years to get this done and now over 20 years later
we are trying to reach a proposal that will wind it up in 5 years.
Again, let me say I'm very encouraged by the hard work and
dedication that all the parties have brought to the mediation proc-
ess. I believe the settlement mav allow those Navajo families who
are inclined to remain on Hopi land the opportunity to remain on
their traditional homelands under an accommodation agreement
with the Hopi Tribe, the Navajo Nation, and the Department of
Justice.
The settlement agreement provides that those eligible Navajo
families wishing to receive relocation benefits will have a time cer-
tain in which to apply for and receive their benefits. I understand
that there may be other families who decide not to enter into an
accommodation agreement and who reject the relocation benefits.
I'm sorry to have to tell you that I'm afraid that these families will
do so at their own risk.
Last Congress, the parties proposed a settlement proposal which
was developed through the mediation process. That proposal raised
many issues that gave rise to significant opposition to the settle-
ment within the city of Flagstaff and my home State of Arizona.
I'm pleased to note that the parties have been sensitive to the con-
cerns of local government and this year's proposal appears to ad-
dress many oftnose concerns.
There are several issues in the settlement agreement that re-
main. I'm hopeful that this hearing will help resolve these concerns
and permit this committee to move forward on legislation. Some of
these issues include the issue of finality, how does the U.S. Justice
Department defend the size of the payments to the Hopi Tribe,
what happens to the Navajo family at the end of the 75-year lease,
what happens to those families who do not sign lease agreements
with the Hopi Tribe and do not want any relocation benefits, and
what is the remaining liability of the Federal Government to the
Hopi Tribe and the Navajo Nation. I look forward to hearing from
the witnesses the answers to these difficult questions.
Many others wanted to testify at today's hearings but due to our
time limitation we are unable to accommodate them. All such inter-
ested parties are encouraged to submit written testimony for the
written record.
Finally, let me assure the witnesses that their full statements
will be part ofthe record.
I now turn to the distinguished and revered vice chairman. Sen-
ator Inouye, for any comments he might want to make.
STATEMENT OF HON. DANIEL K. mOUYE, U.S. SENATOR FROM
HAWAII,VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
Senator Inouye. Thank you very much, Mr. Chairman.
I recall when I first became chairman of this committee about 9
years ago, one ofthe early hearings involved the Navajo-Hopi Land
Dispute. At that time, the emotions were so high that when I sug-
gested that the president of the Navajo Nation and the chairman
of the Hopi Nation sit together at the witness table, there was a
gasp. For some reason, we accomplished that and I thought to my-
self, we have at least reached an important milestone.
Today, as a result of the extraordinary leadership of our chair-
man, Senator—John McCain, and the patience shown by those agen-
cies involved the Depar—tment of the Interior, the Justice Depart-
ment, and the Judiciary we have come to an important milestone.
This committee will record, by testimony, the agreement and settle-
ment reached by the Hopi Nation and tne Navajo Nation.
In a situation such as this, one cannot expect a perfect solution.
There is no such thing as a perfect solution, especially when people
are involved, but I would say that reading the testimony we have
arrived at a point where we are coming closer to perfection, the
agreement is realistic, and I think it is practical and workable.
I would like to congratulate my chairman for his sensitivity, his
patience, and his great wisdom. I congratulate the leaders of Nav-
ajo and the Hopi people for setting aside their long-held animos-
ities and hostilities because with this, I think the people of both
nations can at least dream of embarking upon a journey into the
future that may be marked with amity and with mutual respect
and cooperation.
So, once again, Mr. Chairman, my congratulations. I think his-
tory will show that you carried out the miracle, sir.
The Chairman. Thank you very much. Senator Inouye. As al-
ways, you are very kind and generous in your remarks.
Welcome to our first panel of witnesses who have played a very
key and vital role in this whole effort and we're grateful to them.
Lois Schiffer is the Assistant Attorney General for Environment
and Natural Resources. She is accompanied by I believe Bob An-
derson who is Associate Solicitor. Welcome to both of you and
please proceed in whichever way you choose, Attorney Greneral
Schiffer.
STATEMENT OF LOIS J. SCHIFFER, ASSISTANT ATTORNEY
GENERAL, ENVIRONMENT AND NATURAL RESOURCES DIVI-
SION, DEPARTMENT OF JUSTICE, ACCOMPANIED BYBOB AN-
DERSON, ASSOCIATE SOLICITOR FOR THE DIVISION OF IN-
DIAN AFFAIRS DEPARTMENT OF THE INTERIOR
Ms. SCHIFFER. Thank vou, Mr. Chairman, and Senator Inouye.
I am very pleased to be here today at what really is an historic
occasion and I might point out, a oipartisan occasion because I
think all of the members of this committee have worked very hard
toward this moment.
I am pleased to testify on behalf of the U.S. Government about
the recently concluded agreements regarding the Navajo and Hopi
land dispute. The first agreement establishes the terms under
which Navajo families who now reside on the Hopi partitioned
lands may remain there. These terms result from many months of
negotiation between the Navajo residents of the Hopi partitioned
lands and the Hopi Tribe. This agreement is called the Accommo-
dation Agreement and really is the heart ofthe great progress that
we have achieved. It represents the first success in a long line of
efforts to achieve a consensual resolution ofthis very difficult mat-
ter.
The second agreement is a settlement agreement between the
Hopi Tribe and the United States without which we understand
the Hopi Tribe would not have offered this accommodation to the
Navajo families. This agreement resolves multiple lawsuits by the
Hopi Tribe against the United States.
I thank the committee for holding the hearings expeditiously and
I especially want to thank you, Mr. Chairman, and Senator Inouye,
for your efforts over many years to resolve this dispute. A settle-
ment of this magnitude has been possible only because of the work
of many, many people and, I might say, the very good faith that
they have brought to the negotiating table.
Central among these are Hopi Tribal Chairman Secakuku and
Navajo Nation President Hale and the Navajo Nation's Attorney
General, Herb Yazzie who is here today, all ofwhom, through their
strong leadership and courage, have demonstrated an abiding com-
mitment to a consensual resolution, and the president of the Nav-
ajo family representatives, Roger Attakai, and the many other Nav-
ajo residents of the Hopi partitioned lands who have dedicated so
much time to the negotiations over the past 4 years.
I have submitted written testimony explaining the terms of the
Justice and Interior Department's settlement of suits. This morn-
ing I want to highlight only three points about the negotiated reso-
lution in the interest of time. Then, of course, I would be pleased
to answer questions.
First, the two agreements achieve the central goal of this under-
taking: They offer a way for the Navajo residents ofthe Hopi parti-
tioned lands to remain at their homesites and to do so in a manner
that is respectful of Hopi sovereignty. These agreements provide an
alternative to the two most dire specters facing the parties absent
a consensual resolution. They open a way for Navajo residents to
enter into an accommodation agreement to remain lawfully, reliev-
ing the specter offorced eviction. And they avoid a forced reduction
ofthe Hopi Tribe's ancestral lands.
/
/