Navajo-Hopi "Land Dispute" and Diné Relocation

BY JON NORSTOG

The Navajo Nation Council, with a contingent of many newly-elected representatives, passed an important resolution concerning the relocation of traditional Diné, on 13 December 1994. The first clause of the resolution declares relocation to be a threat to the Diné religion and to all the Diné. The Navajo Council states that it will do everything in its power to protect the religion. It declares the Agreement in Principle (AIP) of October 1992 to have expired under its own terms and to be no longer in force. It declares the intention of the Navajo Nation to build on the progress made in mediation to reach a permanent settlement, and names a new negotiating team, including the president, attorney general, and legislative counsel. It calls on President Clinton, Attorney General Reno and Interior Secretary Babbitt to negotiate with the Navajo Nation's team. Finally, the resolution rescinds the 5 August 1993 settlement offer of land and water, made to the Hopi Tribe by ex-Navajo President Peterson Zah and approved by Council.

The Diné on the Hopi Partitioned Lands (HPL) who have been informed of the resolution have responded favorably to it. They want to negotiate, but feel cornered by the AIP and the Hopi lease proposal. Tensions continue to build, especially at Big Mountain and Teesto. Livestock impoundments, nocturnal visits and daytime surveillance by Hopi police and rangers, and confiscation of firewood and wood cutting tools all are continuing. Some fear that Hopi Rangers or police may start a violent confrontation. As always, when things get tense, rumors circulate that weapons are being moved into Big Mountain, followed by some kind of federal action, like SWAT teams being sent in.

Meanwhile, nobody believes that the Hopi Tribe will not abuse its authority once it gains jurisdiction over the Diné families. Hopi Chairman Sekakuku has not backed down from his promise to rid the HPL of Diné within the next four years, and everyone, including the US, Judge McCue and the Hopi Tribe, is continuing to be coy and evasive about what happens at the end of the 75-year lease period. In their discussions, the people are trying to answer for themselves whether or not to continue with mediation. Even those who have wanted to continue the process have said they would refuse to sign leases unless major changes are made. The response from the Hopi Tribe - ironically, in that it has insisted repeatedly that it does not want mediation, and still has a resolution on its books declaring mediation to be over - has been that mediation is NOT over, and that it is willing to negotiate with the Diné families to keep the AIP alive.

The Navajo Nation convened a special session, on 5 January 1995, to review the status of the "land dispute," the settlement negotiations, the AIP, and the position taken to date by the Navajo Nation. Many people are concerned about the concessions that were made by the Navajo Nation to the Hopi Tribe in the AIP. Many feel that they were misled in last summer's "ratification vote," when they were told there would be further negotiations, once the "vote" was in; and then, the mediator and the Hopi Tribe told everyone that negotiations were over and implementation of the agreement would begin. Since then, the Hopi tribe has refused all requests from the Diné families for meetings with them.

On 13 January, another meeting took place, this one in Flagstaff, between Diné family representatives and officials of the Hopi Tribe. There, Hopi Chairman Sekakuku presented a letter he sent outgoing Navajo Nation President Zah, on 6 January. The letter reiterates the Hopi Tribe's demand that the Navajo Nation begin paying "interim rent" for occupation of HPL lands, and informs the people that there will be no relaxation of the housing construction freeze, until the Navajo Nation makes a forward payment of $200,000, in anticipation of the future implementation of the AIP. The Hopi Tribe sent a previous letter, in November, informing the Diné that home repair and construction would require Hopi approval, under the terms of the 1988 and 1989 court orders in Masayesva v. Zah, the so-called "illegal construction" case. Home repair is a long, involved process under these terms. It takes months, sometimes years to get approval, and the Hopi Tribe requires statements from a certified building inspector and a nurse or doctor regarding the need for improvements. It is essentially the same process that was imposed on the Diné living under the "Bennett Freeze," in the 1934 Executive Order Reservation, from 1966 until 1992. Easier rules on home repairs was one of the benefits that was supposed to flow to the Diné families under the AIP. It was supposed to take a maximum of seven days to secure routine approval; and it was supposed to have been put in place as part of an "interim implementation" process, while the rest of the AIP was being worked out. The rules were never relaxed. The Hopi Tribe's November letter just made explicit what had been obvious for almost two years, and put another nail in the AIP's coffin.

In the meeting of 13 January, Chairman Secakuku asked the Diné to lobby their council delegates to rescind the December resolution. This is pretty interesting, since all along, the Diné have objected to the AIP and the lease, and have been highly critical of the Navajo Nation for giving away the store in the AIP. Scores of Diné from the HPL did come to Window Rock to lobby their Council, and to speak on the record. They did not lobby for the AIP and lease, so there is little reason to expect them to lobby against the Resolution.

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Jon Norstog works for the Navajo-Hopi Land Commission, an agency of the Navajo Nation.

This article updates information contained in FWB Vol. 3, nos. 2 and 3.

for more information, contact: Navajo-Hopi Land Commission PO Box 2549 Window Rock, AZ 86515 tel: (602) 871-6441; fax: 871-7297 E-mail: navajonation@igc.apc.org