****************** A SIMPLE REQUEST ****************** Many of our files are unique and/or copyrighted by The Center For World Indigenous Studies and The Fourth World Documentation Project. All FWDP files may be reproduced for electronic transfer or posting on computer networks and bulletin boards provided that: 1. All text remains unaltered. 2. No profit is made from such transfer. 3. Full credit is given to the author(s) and the Fourth World Documentation Project. 4. This file is included in the archive if being used as a file on a BBS, FTP site or other file archive. Thank you for your cooperation. John Burrows Director, Fourth World Documentation Project ()-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=() ||/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\|| ||=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-|| || || || The Fourth World Documentation Project runs entirely on grants || || and private donations. If you find this information service || || useful to you in any way, please consider making a donation to || || help keep it running. CWIS is a non-profit [U.S. 501(c)(3)] || || organization. All donations are completely tax deductible. || || Donations may be made to: || || || || The Center For World Indigenous Studies || || c/o The Fourth World Documentation Project || || P.O. Box 2574 || || Olympia, Washington USA || || 98507-2574 || || Thank You, || || CWIS Staff || || || ||=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-|| ||\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/|| ()=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-() ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: This file has been created under the loving care of :: :: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- :: :: :: :: Questions and comments on FWDP can be addressed to: :: :: :: :: John Burrows jburrows@halcyon.com :: :: P.O. Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: AGREEMENT IN PRINCIPLE FOR RESOLVING ISSUES IN CONNECTION WITH THE NAVAJO-HOPI SETTLEMENT ACT (Pub. L. 93-531, as amended) WHEREAS, the Hopi Tribe, the Navajo Nation, and the MANYBEADS Plaintiffs agree that it is in the best interests of the Hopi Tribe, the Navajo Nation, their respective members, and the MANYBEADS Plaintiffs, that a final settlement of certain issues remaining in connection with the Navajo - Hopi Land Settlement Act, Pub. L. 93-531, as amended, be reached by negotiation and voluntary agreement among the affected parties; and, WHEREAS, the United States recognizes that a negotiated settlement is in the best interests of all parties including the United States; and, WHEREAS, the Hopi Tribe, the Navajo Nation, the MANYBEADS 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 recommendations to the Hopi Tribe 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 Hopi Team is to be considered final action of the Hopi 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 and 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 until 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 Council and the affected communities. 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 and 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. D. Lee 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 MANYBEADS Plaintiffs. Mr. Phillips agrees to present and to provide his full support for this agreement in meetings with the MANYBEADS 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 pursuant to the orders of the Ninth Circuit Court of Appeals in the cases pending before that Court captioned MANYBEADS v. UNITED STATES and MASAYESVA 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 Task 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 Government 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 the above parties by October 30, 1992, and ratified by the duly authorized principals of the negotiators by November 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 are 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 homesite 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. 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"). Subsequent 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 an individual basis to include the residences of all eligible Navajos at that site. D. GRAZING. The Navajo lessees, as a group, shall be provided a minimum of 2,800 SUYL by the Hopi Tribe. The Navajo Nation shall make the 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. Applications for new permitted structures will be processed and granted within seven days. F. INFRASTRUCTURE. So long as it is in compliance with applicable law and regulation, infrastructure may 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, water systems, and other infrastructure related to the residential, grazing and farming use of the HPL. Where such infrastructure is constructed, the subject infrastructure shall be made available to all HPL 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 and 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 between the Navajo Nation, the MANYBEADS 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 born 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 transferee(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) Non-use of the HPL leased premises for residential purposes by the lessee or his or her family and/or descendants for a substantial period of time exceeding 2 years. (2) A lessee's knowingly violation of substantive material 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 law or violation of certain Hopi tribal ordinances or laws. A list of the Federal and Hopi laws which 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 1 through 4 above), the Hopi Tribe shall provide all affected lessees and the Navajo Nation with 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 constitutes a waiver of any and all rights the lessee has to relocation benefits under 25 U.S.C. 640d. L. LEASE APPLICATION. Any Navajo meeting the requirements of Section III.A above is entitled to enter into an HPL lease with the Hopi Tribe within 1 year after Congressional enactment effectuating the Agreement. The lease form to be used will be negotiated by the Hopi Tribe, the Navajo Nation, and the MANYBEADS Plaintiffs. Within 13 months after the effective date of implementing settlement legislation, the United States shall implement the provisions of 25 Code of Federal Regulations 700.137 (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 NAVAJO 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 parties that nothing in this Settlement Agreement or settlement legislation shall allow the ONHIR to change its priority system in a manner which would provide HPL relocates priority over other eligible Navajos living in unsafe housing. O. RENT. The Navajo Nation and 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 same rules and regulations and provided with the same access to infrastructure and resources as members of the Hopi 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 comply with Section 106 of the NHPA. IV. DISMISSAL OF CASES A. The Owelty, Damage, Use, New Construction, Post- Partition Rent, MANYBEADS, 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. B. The Navajo Nation and the Hopi Tribe waive and relinquish with prejudice all claims against the United States they might have as of this date under 25 U.S.C. 640d. C. Upon the effective date of implementing legislation, the Navajo Nation and the United States agree to collectively seek 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. C.O. Bar Ranch 1. The Navajo Tribe shall purchase the C.O. 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 Navajo Nation shall not exceed 35,000 acres. Those portions of the C.O. 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, and Hopi Tribe) and contiguous to the C.O. Bar Ranch from the Espil Ranch in equal acreage to that portion of the C.O. 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 United States for either Tribe pursuant to this Agreement until implementing 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 C.O. 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 $15 million to the Hopi Tribe. 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 Hopi Tribes shall be given free and unimpeded access to all identified religious on all portions of either reservation. The Navajo Nation agrees that the Hopi Tribal members who are visiting the shrine at Cliff Springs would be able to gather fir branches outside the two-mile radius established in 25 U.S.C. 640d-19 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 to seek independent of this Agreement, and outside of any legislation implementing this Agreement, Congressional authorization to have any of the Espil Ranch taken in trust for the Navajo Nation. If the Navajo effort is successful, the transfer into trust shall occur wholly outside the provisions or scope of this Agreement. In any 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. ------------------------------- ------------------------------- Peterson Zah Vernon Masayesva President, Navajo Nation Chairman, Hopi Tribe ------------------------------- ------------------------------- Lee Brooke Phillips Peter R. Steenland Jr. Counsel, MANYBEADS Plaintiffs United States Department of Justice ------------------------------- ------------------------------- Harry R. McCue Daniel L. Jackson United States Magistrate Judge United States Department of the Interior October 30, 1992 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com FTP ftp.halcyon.com /pub/FWDP/CWIS Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 206-786-9629 OCR Provided by Caere Corporation's PageKeeper