****************** 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 :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 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 CN-81-92 Class "C" Resolution No BIA Action Required. RESOLUTION OF THE NAVAJO NATION COUNCIL Ratifying the Agreement in Principle for Resolving Issues in Connection with the Navajo-Hopi Settlement Act with Certain Caveats and Related Actions. WHEREAS: 1. The Navajo Nation Council is the governing body of the Navajo Nation, 2 N.T.C Section 102(a); and 2. On May 10. 1991, the U.S. Ninth Circuit Court of Appeals in the cases of MANYBEADS v. UNITED STATES and MASAYESVA v. ZAH ordered "that settlement discussions take place between the Federal Government, the Hopi Tribe, the Navajo families and the Navajo Nation," and appointed Magistrate Harry R. McCue as mediator for the process; and 3. In response to the court ordered mediation, Navajo Nation President Peterson Zah and the Navajo-Hopi Land Commission established a Task Force to be responsive to the mediation efforts; and 4. Under the leadership of Magistrate McCue, the Task Force has worked for over seventeen (17) months to attempt a negotiated settlement with the Hopi Tribe and the U.S. Government; and 5. On October 30, 1992, President Peterson Zah on behalf of the Task Force signed an Agreement in Principle ("Agreement"), along with Vernon Masayesva of the Hopi Tribe, Peter R. Steenland, Jr. and Daniel L. Jackson for the United States, and Lee Brooke Phillips, Counsel for the MANYBEADS Plaintiffs, and Magistrate Harry R. McCue; and 6. The Agreement, attached hereto as Exhibit "A", requires the Navajo Nation Council and the Hopi Tribal Council to ratify the Agreement by November 23, 1992 or the Agreement lapses without obligation or liability to any of the parties. The Navajo Nation Council understands that the Navajo residents of the HPL are not required to ratify the Agreement at this time because many issues which affect the Navajo HPL residents require further negotiation; and 7. The Navajo Nation Council believes that the Agreement is a valiant attempt to resolve many of the current outstanding issues between the Hopi and the Navajo, but the Agreement stops short of resolving the underlying source of controversy. The Council firmly believes that the underlying problem is the gravely mistaken and arbitrary awarding of land occupied for centuries by Navajo people to the Hopi Tribe. The Navajo Nation Council believes that only when this grave injustice is corrected, will a true settlement of the Navajo- Hopi land dispute occur; and 8. The 1974 Navajo-Hopi Settlement Act authorized an arbitrary partitioning of the land between the Hopi and the Navajo. There was no attempt in the law to ascertain the merits of the dispute. In fact, Congress stated in the 1974 Settlement Act that the Act does not address the merits of the land dispute. The result of an arbitrary "settlement" which avoids addressing the real problem is failure and the devastation of Navajo religion and life; and 9. The Navajo Nation Council believes that the only permanent, equitable solution is for the United States Government to recognize the tragic mistake of the past and have the courage to correct it by redrawing the boundaries for the Navajo Nation and the Hopi Tribe so that Navajo families on the HPL are once more part of the Navajo Reservation; and 10. After reviewing the accommodation provisions in the Agreement and listening to the preliminary views expressed by certain of the affected families, the Navajo Nation Council is concerned that the lease concept does not solve the underlying problem and would therefore be difficult for the Navajo people; that the proposed eligibility requirements may be too restrictive; that Hopi jurisdiction may be difficult for the Navajo people; that the grazing permit levels may be too low; that the provision which implies or threatens eviction is inconsistent with the purpose of achieving a humane resolution; and, that unless the land transfers to the Hopi Tribe are delayed by at least a year, the Hopi Tribe may have little incentive to issue leases, provide grazing privileges, and otherwise comply with the terms of the settlement. During this interim period, however, the Hopi Tribe could still have use rights to the land to be transferred to them; and 11. The Navajo Nation Council is willing to consider the transfer of Navajo trust land to the Hopi Tribe only if the Hopi Tribe is also willing to consider transferring HPL land to the Navajo Nation. The Navajo Nation Council believes that to be asked to do otherwise is grossly inequitable; and 12. The Navajo Nation Council is concerned that the Navajo families who have been directly impacted by the relocation law and who have suffered the most from the United States' actions are not being assisted with infrastructure, housing, and additional land by the Federal Government in the Agreement when such items were requested; and 13. The Navajo Nation Council believes that the Agreement in Principle can begin to end the misery and suffering that has been visited upon Navajo families for so many years. NOW THEREFORE BE IT RESOLVED THAT: 1. The Navajo Nation Council ratifies the Agreement in Principle signed by President Peterson Zah on October 30, 1992 with the following caveats: A. Because the Navajo families living on the HPL are not yet required to ratify the Agreement in Principle, the Navajo Nation Council's ratification applies to those matters of particular concern to and under the direct governmental authority of the Navajo Nation Council as the governing body of the Navajo Nation. B. The proposed terms relating to accommodations for Navajo families on the HPL must be finalized, and must be acceptable to and approved by the Navajo families living on the HPL because it is the Navajo families who must live with whatever accommodation terms are negotiated. C. The Navajo Nation Council supports those terms in the Agreement which addresses the voluntary settlement of the monetary issues which exist between the Hopi Tribe and the Navajo Nation with land purchases or money; any land purchases required of the Navajo Nation must be acquired at fair market value. 2. The Navajo Nation Council directs and authorizes the Navajo Task Force to continue their efforts to negotiate the outstanding issues between the Hopi Tribe and the Navajo Nation. 3. The Navajo Nation Council requests the representatives of the United States Government for a detailed written explanation as to why they strenuously object to providing resources to the Navajo Nation or to the Navajo people in the proposed settlement. 4. The Navajo Nation Council expresses its gratitude and appreciation to the Honorable Harry R. McCue for his tireless efforts in mediating the Agreement in Principle to help resolve the longstanding Navajo-Hopi land dispute. 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 64 in favor, 5 opposed and 4 abstained, this 23rd day of November 1992. _____________________ Speaker Navajo Nation Council November 24, 1992 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 25 day of November 1992: ____________________________________ 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 ___________ 1992 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