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Senator McCain & Senator Inouye at beginning of the Hearing on S. 1003, The Navajo Hopi Land Settlement Act of 1974 Amendments July 21, 2005

McCain: Good morning.   I want to thank Senator Inouye for stopping by this morning because he is one of those who has been involved in this issue for many years as I have.   And, Senator Inouye, for the record, one of my earliest memories in 1883 when I was a member of the House, now 22 years ago, traveling to Navajo and Hopi lands, and having a long series of meetings with Congressman Udall then chairman of the interior committee to try to get the issue of the Navajo-Hopi land dispute settled, one of the few times in Mo Udall's career he was not successful.  

And then I know when I came to the Senate in 1987, this issue again was again before the committee, the issue of the Bennett Freeze, how many families needed to be located, how soon we'll be able to terminate this, and now we have spent since 1974, now 31 years we've spent 483 million dollars, and witnesses will come before this committee and say, we're still not finished.  

It's gonna be over.   It's gonna be over.   It's gonna be over.  

It's time it ended.   It's time that we brought to a conclusion this tragedy that has afflicted human beings on the Navajo and Hopi reservation for too long.   And I guess, and I'd be interested in hearing my colleague from Hawaii's comments, maybe the lesson is you shouldn't try to settle land disputes through legislation, that maybe one of the lessons we've learned here since 1974.   And I do not diminish in any way the human tragedy that has been associated with this issue.   Witnesses today are as well aware of that as I am, but I'm also aware that there is limited amount of American taxpayer's dollars that could be devoted to worthy causes on both the Navajo and Hopi reservations, educational facilities, healthcare facilities, housing, many others, and I want to emphasize we've got to bring closure to this.   And on many occasions in the past all through the 80's and 90's, I was told, just a few more years, just a few more years, just a few more years.   The year is now 2005, 483 million dollars spent in the meantime.   It's time to bring closure.

I want to clarify that the bill is not intended to alter prior court decisions on land claims or to impact on ongoing negotiations between the Navajo and Hopi tribes.   I commend you for the progress that's being made.   I also understand there is a strong desire to address the deplorable conditions on the Bennett Freeze.   I, too, want to address this in separate legislation.   When enacted in 1974, the Navajo and Hopi relocation process was intended as a temporary means to relocate families who were living on the disputed land on September 22, 1974, 31 [drawn out] years ago.    The act originally intended the relocation activities would be completed by 1986, and that the total cost would be 40 million dollars.   Since its inception the relocation process has been plagued with controversy and delay, and the Congress has had to amend the act several times to expand the relocation activity and provide additional appropriations.   I recognize the deep emotional toll that relocation has taken on the Navajo and Hopi tribes, and the individual relocatees.   But after 31 years of identifying and relocating eligible applicants, appropriations over a half a billion dollars, it's time.to bring the relocation program to a close.   This bill intends that by September 2008 the Relocation Office will transfer remaining responsibilities, and necessary personnel and funding to the DOI.   Thereafter, the federal government will no longer be obligated to provide replacement homes for eligible relocatees.   The funds to provide these homes will be placed in trust with the Interior for dissemination to eligible relocatees or their heirs.   All other necessary relocation activity will be administered by the Department until these activities are complete.

In 1996 , I introduced a bill that would have phased out the relocation program by September 2001 .   At a hearing on that bill, many witnesses stated that this was a reasonable timeline to complete the activities, but opposition remained due to the pending approval of the accommodation lease agreements by the Interior Department.   That activity is now complete, and an additional 9 years have passed in which additional relocation activity has occurred.   I commend the Relocation Office for its ongoing efforts to implement this complex program.   I understand that you have reviewed over 4,600 applications, considered numerous appeals and provided relocation homes for over 3,600 families.   You've also provided funding to both tribes to address the impacts of relocation.  

I welcome you all to the hearing, and I look forward to your testimony on this important matter.

Thank you very much.   As you pointed out, Mr. Chairman, this problem that's been with us for over 125 years, It's one based on culture and history, and much blood has been shed, but as you pointed out, Mr. Chairman, the time has come.   And yes, the time has come.   When we first handled this it was 40 million dollars.   Now it's nearly ½ a billion dollars, and it could get higher.   But the spirit of cooperation is here, and I'm certain that the leaders of both Hopi and Navajo have learned that by cooperating one can achieve a lot, and I hope that spirit will prevail.   Some day soon, Mr. Chairman, I hope you and I can go there to celebrate this great thing.

McCain:   Thank you very much, Senator Inouye.   And I want to thank you for your continued involvement and commitment on this issue for many, many years.   And I again want to commend Mr. Chris Bavasi, the executive director of the Office of Navajo and Hopi Indian Relocation, and Mr. William Ragsdale, but particular you, Chris, for the outstanding job you have performed over many years and an exceedingly difficult one.  

Our first panel today is Mr. Christopher J. Bavasi, executive director of the Office of Navajo and Hopi Indian Relocation.   He's accompanied by Mr. Paul Tessler.    Mr. Tessler would you like to come to the table?   Mr. Paul Tessler is the legal council of the Office of Navajo and Hopi Indian Relocation in Flagstaff, Arizona.   And Mr. William P. Ragsdale, who's the director of Bureau Indian Affairs, US DOI.   I think it'd be appropriate to begin with you, Mr. Ragsdale.

Mr. Ragsdale:   Thank you, Mr. Chairman.   First of all I want to say that I appreciate the opportunity to appear here before the committee.   I appreciate the committee's concern, and I want to pledge that we will work with this committee, the Navajo-Hopi Relocation Commission, the Navajo and Hopi tribes, transition the activities required by the act of the proposed amendment.   Mr. Chairman, if it's all right with you, I would like to summarize my views and then answer any questions the committee may have.   I would request that my written testimony be included in the record.

McCain [interrupting]:   That objection, all the written testimony will be made part of the record by all witnesses.