Bennett Freeze

A CALL FOR ACTION!

To All Human Rights Advocates and Black Mesa Dine'h Supporters Worldwide

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To All:

SENAA International is asking for your help in a matter that concerns all who advocate human rights, and specifically Dine'h (Navajo) of Big Mountain, Black Mesa, Arizona, who are being denied their basic human rights by the U.S. government and the Bureau of Indian Affairs (BIA) through a Congressional action called the "Bennett Freeze," Section 10(f) of Public Law 93-531 (25 U.S.C. 640d-9(f)). Just as laws of the past have determined how Indigenous Americans were treated, how the Bennett Freeze is dealt with will determine how every Indigenous American, every minority group, and every indigenous person worldwide will be treated by the U.S. government in the future. There is a way to end the Bennett Freeze and restore Dine'h human rights. Though ending the Bennett Freeze will not halt the forced relocation efforts by the U.S. government or the BIA, it will restore Dine'h rights to live and be treated as human beings. SENAA International asks for your help to repeal the Bennett Freeze.

A BRIEF HISTORY OF THE BENNETT FREEZE

The Bennett Freeze is a deprivation tactic designed by the U.S. government to deprive Dine'h of all human rights and impose intolerable conditions upon Dine'h in order to force them off their ancestral lands in order to give Peabody Coal Company unobstructed access to the land and underlying aquifer.

As you read this appeal for help, Dine'h at Big Mountain, Black Mesa, Arizona, are forced to live in homes that the Bennett Freeze forbids them to repair or rebuild. The only water they are allowed is water that is hauled from outside their area. There is an aquifer of pure water beneath their land, and Dine'h have wells that tap into that aquifer; but the Bennett Freeze forbids them to draw water from their own wells. To force compliance, the BIA has capped Dine'h
wells.

Dine'h are also forbidden to practice their spiritual ceremonies by virtue of the Bennett Freeze's ban on building Hogans, the Dine'h equivalent of a mosque, synagogue, temple, or cathedral.

In winter Dine'h are forbidden to gather firewood for heating. Year round, Dine'h are forbidden to gather wood for cooking. In some cases, woodcutting tools have been confiscated. Any wood that is obtained has to be purchased.

In raids scheduled to take Dine'h by surprise, livestock that Dine'h depend upon for food, weavings, and clothing are confiscated and hauled away to BIA impound yards, where they are held for ransom until the owners can scrape together enough money to buy them back.

Dine'h elders, since the beginning of the Bennett Freeze, have been intimidated, threatened, and in some cases assaulted by BIA employees.

Although there is electricity and piped water to be had in the area, Dine'h at Black Mesa are forbidden those basic utilities under the Bennett Freeze.

The once self-sufficient Dine'h are now dependent on outside supporters for much of their sustenance. In spite of the inhuman treatment that they have been subjected to because of the Bennett Freeze, Dine'h are as determined as ever to remain on the land of their ancestors. According to Dine'h spiritual teachings, Dine'h at Black Mesa were instructed by the Holy People and by Creator to care for the land. To Dine'h, Black Mesa is an energy center of Mother Earth and
the location of her vital organs. Therefore, it is often referred to as The Altar. If they leave the land, Dine'h believe that they will be disobeying Creator and turning their backs on their very reason for existence. It is love for Creator and sacred duty that keeps Dine'h standing firmly upon their ancestral homelands, determined to stay put under any circumstances.

The Bennett Freeze was created to break Dine'h resolve and force them to put the U.S. government's will above that of the Creator of the Universe. The Bennett Freeze has clearly failed!

The means for repealing the Bennett Freeze has been provided. A door of opportunity is now ajar whereby the Bennett Freeze can be ended. The opportunity presented itself more than two years ago; but no one knew that the opportunity existed, because no one concerned, not even Dine'h, was toldabout it. As BIA threats of mass forced relocation of Dine'h by 1 February 2000 captured the attention of Dine'h and worldwide supporters, the first bill was slipped quietly into the House Committee on Resources and forgotten. Now, in a quieter time, without the threat of mass forced eviction looming before us, the opportunity presents itself anew--maybe for the last time.

TWO OPPORTUNITIES TO END THE BENNETT FREEZE

On 6 January 1999, a bill, HR 151, was introduced by Congressman J.D. Hayworth to the Congress of the United States of America that called for the repeal of the Bennett Freeze and restoration of human rights and dignity to Dine'h. Immediately upon introduction to Congress, the bill was referred to the House Committee on Resources. After it was received by the House Committee on Resources (HCR), no further action was taken on the bill. HR 151 has been in Committee for more than two years. For all practical purposes, the bill has died.

SENAA recently inquired to the House Committee on Resources about the status of HR 151. We received the following response:

From: Mail_Resources_Republicans
Sent: Monday, February 12, 2001 12:04 PM
To: 'SENAA International'
Subject: RE: H.R.151 Actions Taken; Present Status?

Dear Al,

H.R. 151 was introduced in the 106th Congress and was referred to the Committee on Resources. No action was taken on the resolution. However, Congressman J.D. Hayworth has introduced HR 104 this Session (without officially having the bill yet we cannot be certain, but it appears that it is the same bill from last session since it has the same title as HR151).We suggest that you keep an eye on HR 104.

Also, we encourage you to visit our web site at http://resourcescommittee.house.gov/ where you will find links that might provide you with useful information regarding your questions. Also, if you have time and the opportunity, you might also want to visit THOMAS, the Library of Congress Legislative Information System on the Internet at http://thomas.loc.gov/ and the House of Representatives home page at http://www.house.gov/ where you will find a great deal of useful information on Congressional activities.

Thank you for your inquiry.

Sincerely,

Committee on Resources Staff

On 3 January 2001 the same bill, formerly HR 151, was reintroduced by Congressman Hayworth to the 107th Congress of the United States of America and was given the designation HR 104. The title and wording of HR 104 are identical to those of HR 151 (see the text of HR 104 below). If it is not acted on and approved by this Congress and this President, HR 104 will likely suffer the same fate as HR 151.

WHAT WE CAN DO TO END THE BENNETT FREEZE

"THE SQUEAKY WHEEL GETS THE GREASE"

In order to get HR 104 voted on, approved, and signed into law, it will take ALL Dine'h supporters and human rights advocates WORLDWIDE sending a loud and strong message to the House Committee on Resources and to Congress, both directly and through our Senators and Representatives, urging
Congress and the HCR to act on and approve bill HR 104.

U.S. RESIDENTS:

Tell everyone you know and generate active support and demand for bill HR 104.

Phone, fax, e-mail, and send letters by U.S. Mail to your Senators and Representatives in Washington, D.C. and to the House Committee on Resources (see HCR contact information below).

SUPPORTERS OUTSIDE U.S. BORDERS:

Tell everyone you know and generate support and demand for bill HR 104.

Contact the U.S. Embassy nearest you with letters, phone calls, and e-mails. Urge the embassy to contact the Congress of the United States with the message that HR 104 has worldwide attention and that, as an advocate of global human rights, you insist that HR 104 be voted into law and implemented bythe United States Congress AS SOON AS POSSIBLE. Insist that human rights is the business of every human being on earth and that the Bennett Freeze is a
blatant violation of Dine'h human rights.

Write e-mails and, if possible, mail letters to the 107th Congress of the United States of America, Washington, D.C., U.S.A. and to the House Committee
on Resources (see contact information below). Tell them the same thing that you tell the U.S. Embassy. Strongly urge Congress and the Committee to vote on
and pass HR 104.

ALL SUPPORTERS:

This is among the most important acts of human rights activism and Dine'h support that we will engage in during the course of the Black Mesa relocation issue. We must do everything within our power to get HR 104 approved. SENAA urges every Dine'h supporter and every advocate of human rights and decency to get involved

Thank you for your support.

Al Swilling, Founder

SENAA International

If you have any questions or suggestions, please contact SENAA International at:
senaa@bellsouth.net
senaa@senaa.org

CONTACT INFORMATION:

Contact your Senators and Representatives can be found by going to:

Candidate & Elected Officials For Your State Congressional Data

The House Committee on Resources contact information is:

Phone: (202) 225-2761

E-mail: resources.committee@mail.house.gov

Mailing Address:
U.S. House of Representatives
Committee on Resources
1324 Longworth House Office Building
Washington, D.C. 20515-6201

HR 104

NOTE: Bills presented to Congress for consideration are worded by the author as they will read if they become law. The bill has to be voted onand passed by both the Senate and the House of Representatives and then signed into law by the President of the United States.

The bill below, HR 104, has NOT been voted on or passed into law. It has been referred to the House Committee on Resources. Congress hasNOT voted on it, and the President of the United States has NOT signed the bill into law.

At this point, HR 104 is just a proposal.

[DOCID: f:h104ih.txt]

107th CONGRESS

1st Session

H. R. 104

_______________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 3, 2001

Mr. Hayworth introduced the following bill; which was referred to the Committee on Resources

________________________________________________________

A BILL

To repeal the Bennett Freeze thus ending a gross treaty violation with the Navajo Nation and allowing the Navajo Nation to live in habitable dwellings and raise their living conditions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. FINDINGS.

The Congress finds that--

(1) the Navajo Nation is one of the largest and most economically depressed Indian reservations in the United States;

(2) the Bennett Freeze, named after former Bureau of Indian Affairs Commissioner Robert Bennett, was administratively issued in 1966 to restrict the Navajo tribe from constructing and repairing their dwellings on land that was subject to a land dispute with the Hopi Tribe;

(3) the Bennett Freeze has affected 1,500,000 acres of land, approximately 9 percent of the total acreage of the Navajo Nation, covering 10 chapters and affecting nearly 8,000 people;

(4) only 3 percent of the families affected by the Bennett Freeze have electricity and only 10 percent have running water;

(5) since 1966, the population has increased by approximately 65 percent in the Bennett Freeze area, forcing several generations of families to live together in dwellings that have been declared unfit for human habitation;

(6) members of the medical community confirm that overcrowding and the absence of running water, refrigeration, and adequate sewage disposal adversely impact the mental and physical health of Navajos residing in the Bennett Freeze area;

(7) the Bennett Freeze has halted essential construction, including power line extensions, waterline extensions, road improvements, and community facilities
improvements;

(8) when the Bennett Freeze was temporarily lifted in 1992, an ambitious $20,000,000 construction plan for new dwellings was proposed that would have raised living conditions and increased the economic viability of the Bennett Freeze area, however, the plan did not become a reality because a Federal judge reinstated the freeze;

(9) the Federal Government has not taken the steps necessary to end the Bennett Freeze in this already economically depressed community; and

(10) the Bennett Freeze is a gross violation of treaty obligations to the Navajo Nation.

SEC. 2. REPEAL OF THE BENNETT FREEZE.

Section 10(f) of Public Law 93-531 (25 U.S.C. 640d-9(f)) is repealed.

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