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Relocation Legislation Senate Bill 1003, The Navajo Hopi Land Settlement Act of 1974 Amendments, 2005.

 

 

 

Updates, background, facts, see the bill in full, watch the video & read the transcripts of the testimony before the Senate Committee On Indian Affairs (in chronological order):|

McCain starts the hearing.

Statement of William P. Ragsdale Director, Bureau of Indian Affairs Department of the Interior.

Mr. Christopher J. Bavasi, Executive Director, The Office of Navajo and Hopi Indian Relocation, Flagstaff, AZ; Accompanied by Mr. Paul Tessler, Legal Counsel, The Office of Navajo and Hopi Indian Relocation, Flagstaff, AZ.

McCain and Bavasi dialogue.

Navajo Nation President Joe Shirley Jr., Window Rock, AZ.

Roman Bitsuie Executive Director, The Navajo-Hopi Land Commission Office, Window Rock, AZ.

Navajo Nation Attorney General Louis Denetsosie Window Rock, AZ.

Wayne Taylor Jr., Tribal Chairman, The Hopi Tribe, Kykotsmovi, AZ.

Question & Answer ANALYSIS:
The major issues discussed at the hearing include (1) relocation and ending the
settlement program, (2) the Bennett Freeze issue, (3) existing expenditures and
programs under the 1974 Land dispute act, and (4) current litigation regarding
royalties and land division.
Summary
The Senate Bill has bipartisan support as shown by the attendance and statements
of Senator Daniel Inoye (Democrat; Hawaii). As the senior senator from Arizona
and Chairman of the Committee on Indian Affairs, Mr. McCain is taking the lead and
is listed as the only sponsor thus far.Mr. McCain takes the position that 31 years and $ 483 million is far in excess of
the original estimates of ending the program in 1986 at a cost of $ 40 million and
that the relocation program needs to finish its job and end by 2008. Mr. McCain
questions whether the original act should have been passed at all and says he
recognizes the hardships involved but that there must be "closure" on this matter.
Regarding the Bennett Freeze area, Mr. McCain states that the Bennett Freeze needs to be lifted
but that this should be done in separate legislation. According to the President
of the Navajo Nation and Chairman of the Hopi Tribal council, an agreement regarding
Bennett Freeze has been reached, approved by the Hopi Tribe, and needs Navajo Nation
council approval which is expected within a year. References in the Senate Bill
to a certification deadline of September 30, 2005 requiring the Commissioner to
provide the Secretary of the Interior with a list of Navajo living on "Hopi
land" without permission of the Hopi apparently will be changed to at least 2008. Both
the Navajo Nation and Hopi Tribe oppose provisions in the act dealing with mineral
royalties stating that it is the subject of ongoing litigation and a confidential
agreement and negotiations with the 9th Circuit US federal court.
Relocation
While Senator McCain and Mr. Bavasi, Executive Director of the Office of Navajo
Hopi Relocation, state that the program is "voluntary" and imply that no
one has been forced to relocate, Hopi Chairman Wayne Taylor clearly and explicitly states
his belief that a goal of this Senate bill is to finish the job of relocation.

Mr. Tessler states that the Department of Interior is reluctant to forcibly remove
an relocate Navajo. Chairman Wayne Taylor provides evidence that this is true by
requesting mandatory eviction in the legislation and that the Office of Navajo Hopi
Relocation evict Navajo before dissolving in 2008
.It does appear that this legislation, as currently written, does lay the groundwork
for forced relocation of Resisters.
Bennett Freeze
There appears to be a general agreement that the Bennett Freeze was put in place
in 1964 to force an agreement on the land issue but that, supposedly, it has outlived
its usefulness. Representative Rick Renzi sponsored a House Bill in 2004 for the
repeal of the Bennett Freeze that was not enacted. McCain opposes its inclusion
in the Senate Bill. The Navajo Nation and Hopi Tribal Council apparently have an
agreement to lift the freeze.
Existing Expenditures/Royalties
Senator McCain expresses a strong desire to wind up the relocation program. Questions
regarding rehabilitation and support for people in the New Lands and other relocatees
were barely mentioned.
It appears that the federal government does not want to
address the continuing human cost of relocation and their special needs though Senator
McCain acknowledges an interest in health, education, and housing funding.The question of royalties and division of land into parcels needs more investigation.
It is the subject of confidential negotiations before the Federal courts and it
appears that Senate Bill 1003 seeks to force some sort of resolution that both the
Navajo Nation and Hopi oppose.
There are 3 Major parts to the Bill:
1. COAL ROYALTY RATES
The Navajo Nation and Hopi Tribal Council currently are involved in litigation and
negotiation regarding how to apportion and divide coal royalties from the JUA
between them. Senate Bill 1003 would allow the Secretary of the Interior to
unilaterally determine how to apportion revenue between the groups and is opposed by
both the Navajo Nation and Hopi Tribal Council.The Navajo Nation brought a major lawsuit against the US regarding what the Navajo
Nation considered dishonest dealings and communications between then Secretary Hodel
and Peabody coal company allies regarding a reduction in the Navajo Nation's demand
for a 20 % rate in favor of a 12 1/2 % rate.
2. DISSOLUTION OF THE NAVAJO HOPI RELOCATION COMMISSION
Under the Bill, this office is suppose to windup affairs and transfer any remaining
functions to the Department of Interior.This provision is problematic and needs to be discussed by the Dineh, particularly
those in the New Lands or others that may have continuing relations with the
Relocation Commission. The thrust of the Bill is to disclaim any further federal
responsibility for the relocatees and refuses to acknowledge the long lasting damage
to the community and current need for rehabilitation and support. Despite the awful
history of relocation, at present there may not be many alternatives to that
commission and a lot of organizational knowledge that could be of use to Dineh may
be lost.It appears to that this Bill represents a denial by the federal government of
continuing responsibility to the people relocated. In addition to the problems
faced by all Dineh, the people in the New Lands or in other places do face
additional burdens related to this devastatingly and abysmally managed process.
3. RELOCATION OF RESISTERS
This Bill seems to create a situation very similar to that which existed before the
2000 deadline. In fact, the Bill was originally drafted in 1996.
It makes Congressional law current Department of Interior regulations regarding
relocation. This means it can not be changed without another act of Congress and
will definitely lead to notices going out to Resisters. What happens next is hard
to say at this point. It is quite possible that the Hopi Tribal Council have been
insistent and consistent in calling for removal of resisters.As an indication of how poorly drafted this bill is, there is no mention of
Accommodation Agreements or even if it is still possible to enter into such
agreements.One provision, in particular, would allow children of Resisters to claim money and
houses for the "Head of the Household":
RELOCATION
‘‘(A) IN GENERAL.—In order to facilitate relocation of a member of a Tribe, the
Commissioner may grant a homesite lease on land acquired under this section to a
member of the extended family of a Navajo Indian who is certified as eligible to
receive benefits under this Act.‘‘(B) EXCEPTION.—The Commissioner may not use any funds available to the
Commissioner to carry out this Act to provide housing to an extended family member
described in subparagraph (A).’’
CONCLUSION
This Bill is another step in the relocation process. The authors may see it as the
final one. While the Resisters are definitely inconvenient to the Hopi Tribal
Council and mining interests, it is an open question as to whether they are still
considered a major threat given their current numbers.The real center of gravity of this Bill may be the Coal provision (as the
Grandmothers and Roberta Blackgoat have always maintained). Keep in mind that this
same bill, virtually word for word, was first introduced in 1996 and then shelved in
favor of the one that led to the Accommodation Agreements. Once dusted off and
reintroduced this year, there was only one major provision added: Power to the
Secretary of the Interior to determine how the coal is to be valued and shared.

ANALYSIS & NOTES ON MINUTES OF SPEAKERS AT THE TESTIMONY BEFORE SENATE COMMITTEE ON INDIAN AFFAIRS:
0.00 Committee Channel title page shown for first 7 minutes
7.30 Senator John McCain (R), Chairman of the Senate Committee on Indian Affairs, opens the hearings, highlights costs of program and time
13.20 Senator Daniel Inoye (D) makes a few general remarks
15.30 Mr. William P. Ragsdale, Director of the BIA, discusses Senate Bill
18.10 Mr. Christopher Bavasi, Executive Director of the Office of Navajo and Hopi
Indian Relocation discusses the Senate Bill, some history of relocation, some reasons for the cost
of the program exceeding initial estimates
21.15 Senator McCain asks Mr. Bavasi "No one has ever been forced off of their
land?" Mr. Bavasi replies, "No sir. Never happened."

22.35 Mr. Paul Tesssler, legal counsel for the Office of Navajo Hopi Relocation,
briefly discusses some of the legal costs associated with relocation
23.45 Extensive discussion about Bennett Freeze with Senator McCain, Mr. Bavasi
28.30 Mr. Bavasi discusses New Lands and relocation housing
31.50 Mr. Ragsdale states BIA and Interior's view of forced relocation saying that
the agency is reluctant to get involved in the process of removal and relocation
33.40 President Joe Shirley of the Navajo Nation states Navajo Nation's opposition
to forced relocation and history of opposition to the relocation act.
43.00 Roman Bitsuie, Executive Director of the Navajo-Hopi Land Commission Office,
comments extensively regarding the costs of relocation on the families involved,
makes some comments on Bennett Freeze, and issues regarding some projects that received
Federal funding
54.30 Mr. Denetsosie, Attorney General of the Navajo Nation, talks briefly about
ongoing litigation with the Hopi and requests that Section 2 concerning of the Bill
be dropped
57.20 Mr. Wayne Taylor, Hopi Tribal Chairman, discusses Senate Bill, also opposes
Section 2 concerning mineral royalties and granting the Secretary of the Interior
power regarding a matter in litigation be dropped. Mr. Taylor states a Hopi request
for relocation and questions the ability of the BIA and US Attorney to carry out
relocation.

Specifically, Chairman Taylor states, "Senate Bill 1003 is intended to complete
the work of relocating Navajo off of the land "
104.00 to End.

Senator McCain asks for the opinion of President Shirley and Chairman Wayne Taylor regarding the Bennett Freeze. They say that an agreement has been reached, that it has been approved by the Hopi Tribal Council and that it is in front of the Navajo Nation council.Senator McCain and Roman Bitsuie and Denetsosie discuss expenditures for the Rehabilitation Trust Fund, problems with the Paragon ranch, and problems with funding for homes for Navajo on Hopi Partition Land.
Other notable statements: S.1003 contains language that puts a renewed emphasis on the idea of forced relocation of Navajo families (Section 111(8).(Section 111(8). The U.S. Attorney’s office, ONHIR and the Hopi Tribe have had extensive discussions regarding this issue and are close to an agreement that will preclude forced relocation. We believe S. 1003 should support this approach, rather than reinforce the deeply troubling idea that Navajo families will be forcibly removed from land that they have called home for generations." However, it is important to point out that in the dozens of pages of testimony supplied by the Navajo Nation, there is scant mention or representation of the Navajo families still living under the relocation laws on the Hopi Partitioned Lands.

Furthermore, specifically, Hopi Tribal Chairman Taylor states, "Senate Bill 1003 is intended to complete the work of relocating Navajo off of the land." While Senator McCain and Mr. Bavasi, Executive Director of the Office of Navajo Hopi Relocation, state that the program is "voluntary" and imply that no one has been forced to relocate, Hopi Chairman Wayne Taylor clearly and explicitly states his belief that a goal of this Senate bill is to finish the job of relocation and requests mandatory eviction in the legislation and that the Office of Navajo Hopi Relocation evict Navajo before dissolving in 2008.

Perhaps if McCain and the Senate Committee on Indian Affairs really do "look forward to working with all affected parties on this bill and will work with them to ensure it takes into account their views," then they will follow Navajo Nation's recommendation that "Congress should hold a field hearing, ...urging that the Senate Committee on Indian Affairs to schedule a hearing on the Navajo Nation in order to facilitate participation by the people most affected by the land dispute and to provide the opportunity for visits to affected areas and families in order to deepen the Committees understanding of the long-lasting effects of the relocation law." Unfortunately the Hopi Partitioned Lands and Navajo families living on them are hardly mentioned in the Navajo Nation's testimonies.This bill comes at a time when the world's largest coal company prepares to expand its strip mining of American Indian lands....

Senator & Chairman McCain asks Mr. Bavasi "No one has ever been forced off of their land?" Mr. Bavasi replies, "No sir. Never happened." While Senator McCain and Mr. Bavasi, Executive Director of the Office of Navajo Hopi Relocation, state that the program is "voluntary" and imply that no one has been forced to relocate, Hopi Chairman Wayne Taylor clearly and explicitly states his belief that a goal of this Senate bill is to finish the job of relocation, requesting mandatory eviction in the legislation and that the Office of Navajo Hopi Relocation evict Navajo before dissolving in 2008.

President of The Navajo Nation, Joe Shirley, states: "The Chairman (McCain) is concerned with cost. I ask the Committee to consider how they would estimate the cost of moving an entire town, and how they would value the economic and social upheaval such a move would impose? This is what happened to the 12,000 Navajos who lost their land, their livelihood, and their identity. 12,000 people; approximately the population of Kingman, Arizona. How much would it cost to relocate the entire population of Kingman, to the Phoenix area? One billion dollars? Two billion dollars? How long would it take if the funds were appropriated bit-by-bit over 30 years? What would be the impact if the land these people were expected to relocate to was already populated? What would happen if these people suddenly had to unlearn their skills as farmers and learn to survive in a cash economy? How long would be too long? How much would be too much? "
Roman Bitsui on behalf of the Navajo Nation states: We take strong objection to the argument that the relocation program should be closed because it has “taken too long and cost too much.” We believe that the United States must finish the job with regard to the Navajo-Hopi Land Dispute and assure that all those who have been adversely affected by the relocation law have a chance at a decent life. As a point of comparison, I think it is worth pointing out that the entire cost to the Federal government over the last 36 years of the Navajo-Hopi Land Dispute is roughly equal to what the United States spends in Iraq every 36 hours.

Bitsuie stated that "Congress should hold a field hearing. We urge the Senate Committee on Indian Affairs to schedule a hearing on the Navajo Nation in order to facilitate participation by the people most affected by the land dispute and to provide the opportunity for visits to affected areas and families in order to deepen the Committee’s understanding of the long-lasting effects of the relocation law.

McCain: "What if we passed a law tomorrow that Bennett Freeze is lifted? What would happen then?"
Bavasi: "Number one, I don’t think that it would be wise. I think that we should all work together to come to…"
McCain [interrupting]: "But it wouldn’t be wise because what would happen?"
Bavasi: "Chaos might be an appropriate term. I don’t have any idea what would happen. I don’t think it would be good because everyone would be scrambling to get the upper hand, and I don’t think that’s the proper way to handle it."


What You Can Do To Help.


News Articles about S1003 and McCain:
Black Mesa Indigenous Support
P.O. Box 23501, Flagstaff, Arizona 86002
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