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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: T H E N A V A J O N A T I O N P.O. BOX 308 * WINDOW ROCK, ARIZONA 86515 * (602) 871-4941 T H E N A V A J O N A T I O N CAU-56-93 Class "C" Resolution No BIA Action Required RESOLUTION OF THE NAVAJO NATION COUNCIL Offering a Comprehensive Settlement to the Hopi Tribe For a Permanent and Generous Resolution of the Hopi-Navajo-United States Land Dispute WHEREAS: 1. The Navajo Nation Council is the governing body of the Navajo Nation, 2 N.T.C., Section 102 (a); and 2. Since June, 1991, the Navajo Nation and Navajo families living on the Hopi Partitioned Lands (HPL) have been participating in mediation as ordered by the Ninth Circuit Court of Appeals in MANYBEADS v. UNITED STATES and MASAYESVA v. HASKIE, the purpose of which was to recognize and accommodate the religion and cultural way of life of the traditional Navajo families who still reside on the HPL and to settle the Hopi-Navajo-United States land dispute; and 3. In the first phase of the mediation, the Navajo Nation and Navajo families worked diligently in meeting ten demands set by the Hopi Tribe as pre-conditions to the Hopi Tribe beginning any negotiations, and in May 1992 Magistrate Harry R. McCue determined that these demands had been unilaterally met by the Navajo Nation and the Navajo families; and 4. On October 30, 1992, representatives of the Navajo Nation, the Hopi Tribe, the United States, and Mr. Lee Brooke Phillips, Esq., signed the Agreement in Principle for Resolving Issues in Connection with the Settlement Act ("Agreement"). The Navajo Nation Council ratified the Agreement, with certain caveats, on November 23, 1992. The Council addressed those matters relative to the Navajo Nation government, and left to the Navajo families matters relative to the lease accommodations included in the Agreement for the families; and 5. The Hopi Tribal Council also ratified the Agreement on November 23, 1992, and on November 25, 1992, the Secretaries of Interior and Agriculture ratified the Agreement on behalf of the United States Government; and 6. Since October 1992, and through the first part of August 1993, representatives of the Navajo Nation and Navajo families have been meeting individually and in groups with Navajo families living on the HPL to inform them of and explain to them the Agreement and lease; and 7. In various written communications and telephone conference calls with counsel for the Navajo Nation and other parties, Magistrate McCue directed the Navajo families living on the HPL to ratify or reject the Agreement and the Hopi lease proposal by August 5, 1993; and 8. On August 5, 1993, the President of the Navajo Nation and the Navajo Nation Council attended a meeting called by Magistrate McCue, along with representatives of the Hopi Tribe and the United States government, to receive the responses and opinions of the Navajo families living on the HPL. An overwhelming majority of the families responded that they would not ratify the Agreement, and stated that the concept of a 75-year lease, absent adequate provisions for renewal and other necessary protections and modifications, does not address their religious and cultural concerns or provide a basis for a realistic resolution of the land dispute. The Navajo families suggested alternative proposals for a more permanent resolution, and made certain requests of the Navajo Nation to assist them in achieving such a settlement; and 9. As a result of the testimony of the Navajo families, the Chairman of the Hopi Tribe declared that "mediation is over" and, together with the rest of the Hopi representatives attending the meeting, walked out; and 10. The mediation process has not yet accomplished its fundamental objective of protecting and accommodating the religion and the cultural way of life of the Navajo families living on the HPL; and 11. It has been apparent for many months that critical provisions of the Agreement, which is a unitary settlement with each of its provisions interrelated and interdependent, could not be implemented in its entirety and that additional negotiations would be needed to address the following problems: The Agreement has become the focus of much intense public opposition within Arizona and by political officials at the federal, state, and local levels, as well as local environmental, community and business organizations; Congressional leaders have made clear that it is wholly unrealistic to expect that the federal legislation necessary to implement the Agreement could be enacted into law; The owners of the CO Bar Ranch have withdrawn the Ranch from the market, thereby making it impossible for one of the critical provisions of the Agreement to be met; The proposed lease submitted to the HPL residents by the Hopi Tribe included provisions for unilateral termination, did not provide an opportunity for quiet enjoyment of the leasehold interest during the period of the lease or a reasonable opportunity for renewal, and therefore did not constitute a lease under traditional landlord/tenant principles; In the course of discussions with the Navajo residents, the Hopi Tribe and the U.S. government representatives failed to satisfy HPL residents' religious and cultural concerns. The lease proposed by the Hopi Tribe would allow the Hopi Tribe to micro-manage the HPL residents' right to free exercise of the Navajo families' religion; and 12. The mediation process has failed to be responsive to Justice Noonan's question and position in initiating the mediation: "Could [the United States government] sit down with the Hopis and work out a land trade? I [Justice Noonan] don't see why not. n As was the case in 1985-6 when, pursuant to the direction of President Ronald Reagan, Judge William Clark mediated discussions between the Navajo Nation and the Hopi Tribe and recognized that land exchange was the solution to the dispute, the Hopi Tribe refused to discuss any proposal that involved land exchange; and 13. The Navajo Nation has never wavered from its position that humane, permanent, and comprehensive resolution is needed to end the human suffering created and exacerbated by the 1974 "Settlement" Act; and 14. The relocation of Navajo families off their ancestral land is not humane and represents an aberration in federal Indian policy which has not imposed forced relocation on American Indian people for over a century; and 15. The United States government's actions, in its attempts to coerce Navajo people to leave their ancestral homes, and in the course of the MANYBEADS mediation, has divided the Navajo Nation; and 16. The Navajo-Hopi Land Commission ("Land Commission") has the authority to monitor, collect, and update information on any and all land use conflicts between the Navajo Nation and the Hopi Tribe, 2 N.T.C., Sec. 851 (b) (1). The Land Commission has considered the request of the Navajo families living on the HPL and has made a recommendation to the Navajo Nation Council. The Land Commission's recommendation to the Navajo Nation Council, Resolution NHLC-025-94, attached hereto as Exhibit "A", is hereby accepted by the Navajo Nation Council; and 17. The Navajo Nation Council, after review, debate and discussion, has determined that it is in the best interest of the entire Navajo Nation and the Navajo people that the mediation process continue until this long- standing dispute is permanently settled, and to that end it is appropriate for the Navajo Nation Council to make a comprehensive settlement offer; and 18. It has become apparent to the Navajo Nation Council that there have been windfall benefits accruing to the Hopi Tribe from the Navajo Nation, pursuant to the Navajo-Hopi Land Settlement Act of 1974 which provides that, "[P]artition of the surface of the lands of the joint use area shall not affect the joint ownership status of the coal, oil, gas and other minerals within or underlying such lands." 25 U.S.C. Section 640d-6., which have not previously been divulged, and the memorandum from the Navajo Department of Justice explaining the Hopi windfall benefits is attached hereto and incorporated herein as Exhibit "B". NOW THEREFORE BE IT RESOLVED THAT: 1. The Navajo Nation Council confirms and reiterates its full support for continued negotiations among the Hopi Tribe, the Navajo Nation, the Navajo families and the U.S. Government to reach a comprehensive, permanent and just settlement of the Hopi-Navajo-United States land dispute. 2. The Navajo Nation Council, in recognition that the mediation arises as a result of the cases in the United States Ninth Circuit Court of Appeals, seeks a resolution of this mediation in which the first and foremost consideration is an accommodation which protects the religion and cultural way of life of the Navajo families living on the HPL. 3. The Navajo Nation Council further requests that the Hopi Tribe provide signed assurances that will allow the Navajo families to remain on the HPL, their ancestral homeland, while serious consideration is given to the Navajo proposal. 4. The Navajo Nation Council hereby ratifies the offer of the President of the Navajo Nation to the Hopi Tribe of fair and generous compensation for the accommodation to the Navajo families, as resolved herein: A. Such portions of prime grazing and commercial fee land owned by the Navajo Nation as may be necessary to provide three acres of land to the Hopi Tribe for each acre of land the Hopi Tribe provides as accommodation to the Navajo families, such lands to be conveyed in trust to the Hopi Tribe with the United States government called upon to make payments in lieu of taxes to the State of Arizona and local governments; B. Assist in obtaining an allocation of water from the Lower Basin of the main stem of the Colorado River, despite the factthat the Hopi Tribe does not have lands on or claims to the Colorado River, and consent to a right-of-way across Navajo lands for purposes of water conveyance and waiver of right- of-way compensation (excluding damages to surface users), provided that the water from the Lower Basin ofthe main stem of the Colorado River is made available to the Navajo Nation, the Hopi Tribe and the non-Indian communities of the region; as more fully set forth in the attached Exhibit "C" which is incorporated herein and madea part hereof; C. A payment of $10,000,000, in settlement of all pending litigation between the Navajo Nation and Hopi Tribe with regard to the 1882 area; D. Free and unimpeded access to members of the Hopi Tribe to all identified religious shrines on portions of the Navajo reservation; and this accommodation shall apply to certain sites which may be sacred to both Navajo and Hopi people, which are too sacred to be written about or spoken of openly; E. Free and unimpeded access, in perpetuity, for members of the Hopi Tribe to conduct eagle gathering pilgrimages on portions of the Navajo Nation, consistent with the provisions of recent annual permits; and F. A willingness to discuss with the Hopi Tribe the development of a route for the Navajo Transmission Project which will generate revenue for the Hopi Tribe. 5. The Navajo Nation Council, in order to further the mediation process, calls upon the United States government to make the following accommodations to the Hopi Tribe, as provided for and agreed to by the United States government, in the Agreement: A. A payment of $15,000,000; B. The Hart Ranch, or in the event that the United States cannot purchase the Hart Ranch for $5,000,000, or less, or the state lands cannot be acquired, a payment of $5,000,000 to the Hopi Tribe; C. Assistance to the Hopi Tribe in managing the remaining HPL land and the newly acquired land. 6. The Navajo Nation Council, in order to further the mediation process, calls upon the State of Arizona to transfer to the Hopi Tribe those State lands intermingled with fee lands that are transferred to the Hopi Tribe in connection with this offer, and to provide necessary and appropriate assistance to convert such lands into trust status for the Hopi Tribe, as previously proposed by the Governor of Arizona. 7. The Navajo Nation Council makes such offers in consideration of reasonable and permanent residency/use for the Navajo families living on the HPL in the form of boundary adjustments for families living on the HPL, allotments for all other families living on the HPL, and such leases for grazing and farming purposes as may be required. 8. The Navajo Nation Council further requests that the U.S. Government provide $20 million per year for up to 20 years for rehabilitation, reconstruction, economic development, small business development, development of community infrastructure, construction and maintenance of all-weather roads, development of grazing and maintenance of the ancestral lands, development of schools for Navajo children now attending boarding schools of the Navajo Nation. The re-development would address those areas where human suffering occurred. CERTIFICATION I hereby certify that the foregoing resolution was duly considered by the Navajo Nation Council at a duly called meeting at Window Rock, Navajo Nation (Arizona), at which a quorum was present and that same was passed by a vote of 63 in favor, 3 opposed and 0 abstained, this 6th day of August 1993. _________________________________________ Speaker Navajo Nation Council August 6, 1993 Date Signed ACTION BY THE EXECUTIVE BRANCH 1. Pursuant to 2 N.T.C. Section 1005 (c)(1), I hereby sign into law the foregoing legislation on this 6th day of August, 1993: _________________________________________ Peterson Zah, President Navajo Nation * * * * 2. Pursuant to 2 N.T.C. Section 1005 (c)(10), I hereby veto the fore-going legislation this ____ day of __________ 1993 for the reason(s) expressed in the attached letter to the Speaker: _________________________________________ Peterson Zah, President Navajo Nation -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- 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