09/07/06 Gallup Independent
By Kathy Helms
Dine Bureau
WINDOW ROCK -- Legislation proposing an intergovernmental compact between
the Navajo Nation and the Hopi Tribe designed to lift the Bennett Freeze
squeaked by the Intergovernmental Relations Committee Tuesday, 4-3,
following an impassioned speech by legislation sponsor Duane Tsinigine.
"The people that live out in the Bennett Freeze are the ones that are
saying lift the freeze. Out at Gap we don't have a service station. We're
not like other people that have a McDonald's across the street. We are so
remote and rural, we're more forgotten than any people," he said, adding,
"We're despised because of what we want done."
Navajo Nation Attorney General Louis Denetsosie said he comes from an
area impacted by the 1934 Reservation Litigation. Since becoming attorney
general in 2003, he said, one of his specific objectives has been to resolve
the 1934 litigation.
Denetsosie said though the Hopi Tribe approved a version of the
intergovernmental compact in 2004, it is not the same version as the one
reached in January 2006, when Navajo and Hopi negotiated final language.
If approved by the Navajo Nation Council, the compact will have to go
back to the Hopi Tribal Council for it to sign off on any changes.
Hopi Tribal Chairman Ivan Sidney, who was placed on unpaid suspension
Tuesday by the council, said he raised the issue when he went before the
council that the tribe is involved in a number of priority projects. He said
he was not asked about the priority work until after he was placed on
suspension.
Sidney was not sure Tuesday whether his suspension would have an impact
on the advancement of the intergovernmental compact. It will now be up to
the vice chairman to provide leadership on the Bennett Freeze, he said.
"It's really the people who need to be concerned. In my opinion, Hopi is
at a very critical point, and the leadership right now is very
questionable."
Sidney said he received a call from the vice chairman later Tuesday
wanting to discuss priority projects with him and his chief of staff.
"I basically informed him that I'm under the instructions of my attorneys
now not to speak to anyone. Now that we're headed for a hearing, I have to
listen to my attorneys," he said.
CLOSING THE BOOK
According to Tsinigine, Article 7 is "the heart and soul" of the compact.
"It says no more litigation, no more relocation. And there's no money
involved because the people are bound to this land. They would rather have
the land and eat berries and such than get cash to buy food and get new
houses. They'd rather have their hogans and live in that," he said.
Legislation sponsors now have resolutions approved by five chapters:
Coalmine, Coppermine, Cameron, Bodaway-Gap and Tonalea, according to
Tsinigine.
"We have resolutions from Tolani Lake and Dilkon but that's being
forwarded. Tomorrow (Wednesday) we're going to Kaibeto Chapter and then
we're going to LeChee and the Inscription House section.
"We will have gone to 10 chapters ... but we still need to do Tuba City,
and I'm begging Tuba City, please think it out straight," Tsinigine pleaded,
glancing at Toh Nanees Dizi/Coalmine Delegate Hope MacDonald-LoneTree, who
has raised a number of issues regarding the compact.
Tsinigine said he showed up twice at Tuba City Chapter House for meetings
on the compact, but both times the meeting had been canceled. "I respect
everybody out there in Tuba City, but I do want to work with them, and
(them) not say bad things about me or staff. It's disheartening to see angry
people hate their own people living in the Bennett Freeze.
"I feel like crying when I see that. It's despicable. It's devastaging.
We need those Bennett Freeze people as one, and to speak as one and not hate
each other," Tsinigine said.
The compact "will close the book once and for all" on a number of
litigations and land disputes. "As soon as the district court judge signs
it, it will be binding," he said.
Bennett Freeze residents are looking forward to getting help with
electicity and water without first having to get the approval of the Navajo
Nation, he said. "From Navajo it goes to the Hopi Tribe. From the Hopi Tribe
it goes to the Interior."
He said freeze residents need to be allowed to request assistance
properly, through the chapters of the Navajo Nation, without having to gain
additional outside approval.
"People are crying. We've got to help those people," he said.
COMPACT CONCERNS
Because the Intergovernmental Relations Committee did not support going
into executive session, Denetsosie said he would have to make an abbreviated
presentation and not talk about litigtion and consequences.
The attorney general went through the background and history of the 1934
Reservation Litigation and the history of negotiations. He also addressed
allegations of secret negotiations.
"There have been some concerns expressed by some of the Navajo
constituents, primarily from the Tuba City area. I would say this about Tuba
City: All of the residents of Tuba City have running water and electricity.
Tuba City is not in the Bennett Freeze. It never was. It's in an associated
use area," Denetsosie said.
In the event the compact is not approved, the case goes back to
litigation and the issues will be what happened in 1934 and who can testify
as to what happened in 1934, he said.
"In this case, the Navajo Nation Council has asked the negotiating team
to negotiate with the Hopi. Both sides have come up with a compromise. A
compromise is never perfect from the standpoint of any one party. It's
always the subject to objections by a number of people.
"I think this is the best that we can do and it's good for the Navajo
people," Denetsosie said. "As the attorney general for the Navajo Nation,
it's my opinion that this agreement is in the best interest of the Navajo
Nation."
MacDonald-LoneTree cautioned IGR members against approving items when
they have no idea what it is they are approving" without first seeing the
maps. However, Denetsosie said maps of the Salt Trail and eagle gathering
area are protected exhibits.
MacDonald-LoneTree said, "Even if this compact is approved, the law still
has to be changed in Congress, and there is no mention of whether this
document will lift the freeze. If Congress decides not to lift the freeze,
this document will be in place 'irrevocably,'" she said.
Council Delegate Hope MacDonald Lone Tree
20th Navajo Nation Council
P.O. Box 792
Tuba City, AZ 86045