Resolution of the Navajo Nation Council Adopting Policies and Principles to Guide a Comprehensive Settlement of Issues Relating to the Navajo-Hopi Land Dispute
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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-61-89
Class "C" Resolution
No BIA Action Required.
RESOLUTION OF THE
NAVAJO TRIBAL COUNCIL
Adopting Policies and Principles to Guide a Comprehensive
Settlement of Issues Relating to the Navajo-Hopi Land Dispute
WHEREAS:
1. The Navajo Tribal Council is the lawful
representative governing assembly of the Navajo Nation; and
2. The recommendation of the Advisory Committee of the
Navajo Tribal Council by Resolution ACS-180-89 is attached hereto
as Exhibit "A"; and
3. The time is now appropriate for consideration of a
comprehensive settlement of the so-called Navajo-Hopi Land
Dispute; and
4. The Navajo Tribal Council has reviewed the proposed
policies and principles for such a settlement which was prepared
by the members of the Navajo-Hopi Land Commission and the staff of
the Navajo-Hopi Development Office, and which has been circulated
widely among those most affected by the "land dispute".
NOW THEREFORE BE IT RESOLVED THAT:
1. The Navajo Tribal Council adopts the attached POLICY
STATEMENT: PRINCIPLES FOR A COMPREHENSIVE SETTLEMENT OF THE
NAVAJO-HOPI LAND DISPUTE. (Attached hereto as Exhibit "B").
2. The Navajo Tribal Council hereby urges the Interim
Chairman and the Navajo-Hopi Task Force to do everything necessary
to accomplish the intent of this resolution.
CERTIFICATION
I hereby certify that the foregoing resolution was duly
considered by the Navajo Tribal Council at a duly called meeting
in Window Rock, Navajo Nation (Arizona), at which a quorum was
present and that same was passed by a vote of 55 in favor, 1
opposed and 1 abstained, this 22nd day of November 1989.
________________________
Interim Chairman
Navajo Tribal Council
EXHIBIT "B"
POLICY STATEMENT: PRINCIPLES FOR A COMPREHENSIVE SETTLEMENT
OF THE NAVAJO-HOPI LAND DISPUTE
November 22, 1989
Without changing its position that forcible or coerced
relocation is wrong, inhumane and therefore unacceptable, the
Navajo Nation offers these principles as a basis and guide for a
comprehensive settlement of the Navajo-Hopi land dispute. Elements
of this settlement will include settling all outstanding
litigation between the two tribes, and value for value as well as
acre for acre land exchanges. These elements will be subject to
negotiations between the Navajo Nation and the Hopi Tribe. By
application of these principles, it is hoped that most of the
adverse effects of relocation and the land dispute can be
mitigated.
The comprehensive settlement must be regional in scope and
must address the needs of all groups of people whose lives have
been affected over the years by the "land disputes." The
legislation cannot simply settle outstanding issues, but must
provide remedies for the accumulated adverse effects of all the
federal actions which have been taken over the years in response
to these issues.
The Comprehensive Settlement has to improve the condition of
all interested parties affected by the Navajo-Hopi land disputes.
It is essential that any legislation advance the legitimate
interests of Hopi people and residents of the surrounding off-
reservation areas, as well as those of Navajo Tribal members. We
suggest these approaches:
I. General Principles: the Comprehensive Settlement must be
guided by and conform to moral and ethical principles, in
order for it to be a credible alternative to relocation.
A. The "land disputes" are not the fault of any of the
people who live in the disputed lands. There are no
Navajo or Hopi criminals who must be punished. There
should be no need to use force or coercion against
individuals or families to implement any provision of
the Comprehensive Settlement bill.
B. A settlement of the "land disputes" must recognize the
constitutional and human rights of all the people it
affects. These rights include:
1. Freedom of religion: no people should be prohibited
or constrained in the practice of traditional or
adopted religion. Access to religious sites must be
guaranteed. Construction needed for religious
purposes should be permitted. Ministers, teachers,
medicine people, and others who gather at the
invitation of Navajo or Hopi people to assist them
in the practice of their religion should be able to
do so without restriction or harassment.
2. Freedom to practice traditional culture: no
traditional people residing in the "disputed lands"
should be constrained from practicing their
traditional ways of life. This means that they
should be guaranteed access to necessary grazing
and farming lands, and the support of family, clan,
and traditional society.
3. Standards for relocation: forcible or coerced
relocation is wrong, inhumane and therefore
unacceptable, and the numbers of people relocated
must be minimized to the greatest extent possible.
Whatever remains of the relocation program it must
conform with generally accepted standards for
resettlement projects involving traditional people.
The federal government must take full responsibility
for relocation, addressing its impacts in a
comprehensive manner and over the long term.
Resettlement must be planned with the full
participation of relocatees, host communities, and
the Navajo Nation. Relocation should provide a range
of lifestyle choices and opportunities, both for
traditional life and for education and economic
advancement, on a land base equivalent to that from
which relocatees were removed. Resettlement should
provide for the needs of future generations as well
as the immediate necessity of housing today's
relocatees. Resettlement should respect Navajo
tradition and culture. Relocatees should be able to
exert direct personal and community control over the
relocation process.
4. Participation and consent: Any plans and programs
which are part of the Comprehensive Settlement
should be developed with the participation and
consent of the communities involved. Negotiations
should be open to representatives of affected
communities.
C. The Comprehensive Settlement should recognize and
embrace Native American beliefs regarding stewardship
of the land. The settlement should implicitly recognize
that, whoever "owns" it, the land has been cared for by
generations of Navajo and Hopi people and has in turn
nurtured and supported them. Whatever arrangements are
made regarding actual title to land and resources, the
comprehensive settlement should guarantee the
continuance of traditional Navajo and Hopi lifestyle
and religion; it should also recognize and reconcile
the needs and aspirations of both peoples for economic
and community development. In no case should any
provision of the Comprehensive Settlement lead to the
degradation or destruction of land and resources.
Instead, both Navajo and Hopi people should be given
the means to protect and restore these lands, and to
use them in harmony with each other and with the land.
D. The Comprehensive Settlement should provide
opportunities for economic and social progress. It is
not enough just to end the misguided policies of
relocation and endless litigation nor is it enough to
succor the people who have suffered as their result.
Times change, life goes on, and many Navajo and Hopi
people aspire to participate - on their own terms - in
modern society. The settlement should provide for self-
generating regional development in the "disputed
lands," economic and social opportunities, and
educational advancement for those Navajo and Hopi
people who desire these things. The settlement should
be informed by a respect for the people of the disputed
lands, their culture, traditions, hopes, fears, needs,
and desires, and it must embody, at last, social
justice for all those who live there.
II. Resolution of Human Issues: The bill should recognize the
human diversity and special needs of those effected by the
various aspects of the "land dispute." These people
include:
A. Traditional residents of the HPL: These residents must
be accommodated on their ancestral lands. Their
economic, cultural, and social needs must be met.
B. Refugees and those whose relocations have failed: There
are over seven hundred Navajo families who voluntarily
left the HPL, were certified for relocation benefits,
but have not yet received them. Many of these families
have been waiting for years, and are no closer to
receiving benefits than when they left the HPL. In
addition there are more than 1,500 Navajo families who
once had homes on the HPL but were declared ineligible
for relocation benefits. Other Navajo families have
returned to the HPL after losing their relocation
homes. At present, many of these families are living in
the most precarious of circumstances. All are without
the lands they need to support themselves, and some are
actually homeless. These families' difficulties must be
addressed.
C. Relocatees: Those who relocated to the Navajo and Hopi
Reservations, off-reservation, or to the Chambers/
Sanders Trust Lands, must receive the full benefits
which Congress intended they receive. They need ongoing
support and counseling, and should receive whatever
other assistance is necessary to reestablish their
lives.
D. Relocation Host Communities: these areas should benefit
rather than suffer from the presence in their midst of
relocatees. Services and infrastructure provided
relocatees should be extended to the host community,
including those in northwestern New Mexico and the New
Lands. In no case should the presence of relocatees be
allowed to cause a reduction of resources or services
available to the host community, or in its quality of
life.
E. District Six Evictees: In 1943 and again in 1973,
Navajos were evicted from their ancestral homes in
District Six. These people for the most part were never
compensated for the loss of their homes, livestock,
lands, and livelihood. A comprehensive settlement bill
must address this injustice.
F. 1934 Boundary Act Reservation residents: The Hopi Tribe
is now suing the Navajo Nation for title to much of the
remaining Navajo Reservation in Arizona. Any
comprehensive settlement must resolve all pending
litigations and prohibit any further litigation. Even
if no settlement of this issue is reached, an
alternative to relocation must be found for the 1934
Area. The mistakes of the past must not be repeated.
G. Statutory Freeze Area residents: Part of the 1934
Navajo Reservation has been subject to severe
development restrictions since 1966. Congress recently
amended the law to allow approval of limited
construction by the Secretary of Interior. That
approval should be granted liberally. The Navajo Nation
is willing to agree that any such development will not
affect the legal rights of either Tribe in pending
litigation. The Secretary should also expand the
administrative area in and around Tuba City and create
similar areas in other Navajo Communities to allow
necessary repair and development.
The Navajo Nation believes the Freeze must be
completely lifted for members of both tribes as soon as
possible. Substantial financial assistance will be
needed to rehabilitate communities which have been
deteriorating under the Freeze for the last 23 years,
and to assist the families and individuals whose lives
and careers have been similarly constrained.
H. Special Populations: the Navajo and Hopi tribal members
affected by relocation and the "land disputes" are not
a monolithic group, but include a number of distinct
populations, each with its special needs:
1. Navajo-Hopis: people of mixed Navajo and Hopi
ancestry are a distinct minority within both
tribes, and report instances of discrimination in,
and alienation from, the communities in which they
live or with which they have ties of blood, clan
affiliation, or culture. A great number of Navajo-
Hopis, who are concentrated in the "disputed lands"
have had problems because of their indeterminate
status. The comprehensive settlement should provide
for a non-judicial settlement of their status,
rights, and interests which is acceptable to them
and to both Tribes.
2. Grazing Permittees: Grazing permits have been taken
from permittees and not returned. Permits must be
returned and/or compensation provided for the
taking of this property.
Implementation: Perhaps a combination of intertribal and communal
negotiations and arbitration by traditional leaders could be used
to settle these human issues. Failing that, recourse could be made
to binding arbitration or other non-judicial settlement. It is
likely that such settlements will require ongoing support and
monitoring by a neutral ombudsman, to whom any individual or group
might appeal for justice.
III. Regional Rehabilitation and Development
A. The bill should authorize and provide funding for
regional economic planning and development. Creative
approaches combining private and tribal enterprise,
regional infrastructure development, and federally
guaranteed development financing, could benefit the
Navajo and Hopi people, including host communities in
Arizona and Nev Mexico. Human resource development
should be an essential part of such planning and
development.
B. The bill should offset the economic and social costs of
the relocation program. This includes provisions for
rehabilitating and compensating those whose lives have
been shattered, and assistance to tribal, state, and
local governments in caring for them. It should include
education, scholarships, job training and placement
programs, restoration of grazing rights and privileges,
and similar benefits for those who are able to take
advantage of them, including host communities.
C. The bill should authorize and provide funding for
planning and development in the 1882 and 1934 "land
dispute" areas. These areas have been "frozen" in time
for over twenty years, with essentially no development;
in fact existing structures and infrastructure have
been deteriorating under the impact of increased use
and deferred maintenance.
Implementation: The magnitude of this rehabilitation and
development effort should not be underestimated. While some costs
can be avoided by ending relocation from the HPL, there still
remain the costs of fulfilling the promises made to those who have
already relocated, and of repairing the damage done to those whom
relocation has rendered homeless or whose lives it has damaged.
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