April 21, 1993
Honorable Vernon Masayasva Honorable Peterson Zah
Chairman President
Hopi Tribe The Navajo Nation
P.O. Box 123 P.O.Box 308
Kykotsmovi, Arizona 96039 Window Rock,Arizona 96515
Lee Brooke Phillips Peter Steenland
121 E. Birch, Suite 207 U.S. Department of Justice
P.O.Box 1509 land & Natural resource Division
Flagstaff, Arizona 96002-1509 Room 2339
P.O. Box 2339
Washington, D.C. 20026-4378
Dan Jackson
Department of Interior
Office of the Solicitor
Field Office
two North Cwentral Ave, Ste 500
Phoenix, Arizona 95004
Gentlemen:
Re:Navajo-Hopi Mediation Schedule
DISCUSSION
Following the successful conclusion of the negotiations on the
Agreement In Principle (AIP), the Hopi tribe presented to members of the
Navajo Tribe residing on the HPL at Tsetso, Big Mountain, and Cactus
Valley Arizona, the elements of the Hopi Tribe's proposed lease
implementing the AIP. During the presentations, the Hopi Tribe offered to
return, at the request of the HPL Navajos to the noted locations, as well
as to other locations, to discuss the proposed lease. During the
presentations, the Hopi Tribe voiced flexibility concerning some of the
elements of the proposed lease and a willingness to discuss with the HPL
Navajos particular items of concern to the Navajos at subsequent meetings.
It is now appropriate to establish a schedule to bring to conclusion the
lease negotiations.
In the AIP, the Hopi tribe agreed to offer a lease to any Navajo whose name
is contained on "List A" (as well as other specific categories); List A
was provided to the Hopi Tribe by the Navajos Nation. List A is a list of
names of Navajos who are members of the Navajo tribe residing on the HPL
and are those individuals Mr. Phillips is representing in the *Manybeads
case. the Court deems it essential that the Navajos named on List A be
individually informed of provisions of the Hopi Tribe's proposed lease and
to receive proposals to modify terms of the lease. the Court directs that
the affected Navajos be informed that the Hopi tribe is willing to enter
into a lease with some of the HPL Navajos, even if all eligible Navajos do
not agree to a lease. Therefore, Mr Phillips and President Zah are
directed to expeditiously undertake and educational program whereby the
Navajos whose names are reflected on List A are fully informed of the
foregoing, as well as the legal consequences of the rejection of the lease
concept, i.e., relocation and grazing control at pre-mediation levels.
The Court expects a weekly written report from Mr. Phillips and the Navajo
nation concerning the foregoing matters during the preceding week. The
Court expects the educational program to be completed by May 30,1993.
The Hopi Tribe is expected to continue to meet with the HPl Navajos to
discuss the proposed lease as often as once a week at meetings arranged by
Mr. Phillips and the Navajo Nation. The Court expects Mr. Phillips and
representatives of the Navajo Nation to arrange, publicize in advance, and
attend the subject meetings. Due to previously demonstrated preference of
the HPL Navajos, the Navajo Nation is directed to provide interpreters for
the Hopi tribe during the subject meetings.
On June 2, 1993, the parties, and legal representatives fo the parties, are
directed to meet with the Court in Phoenix, Arizona, at 9:00 a.m. to
discuss and proposed revisions to the lease, agreeable to the parties.
On June 15 and 16, 1993, at 10:00 a.m., the Court and representatives of
the parties, will present the final lease to the HPL Navajos for their
signatures. The Court expects Mr. Phillips and the Navajo Nation to make
arrangements for two centrally located meeting places (such as Rocky Ridge
School) where the List A HPL Navajos will meet with the Court and the
parties to consider and sign the lease. The Court expects the meeting
places to be sufficient to accommodate the expected attendees and that the
meeting places be structures with electric lights. The Court expects Mr.
Philips and the Navajo tribe to contact the list A HPL Navajos well in
advance of the June 15 and 16, 1993, meetings and inform the noted Navajos
of the purposed, date, time and places of the meeting, and to encourage
them to attend and explain the consequences of not attending. Due to the
previously demonstrated preference of the HPL Navajos , the Navajo Nation
is directed to provide interpreters for the Hopi tribe during the subject
meeting. The Court expects sufficient copies of the final lease for
signing by the List A Navajos who wish to remain on HPL.
The Court intends to submit a report to the Ninth Circuit Court of Appeals
on or about June 22, 1993, on the acceptance of the list A HPL Navajos of
the lease which, if the remaining portions of the AIP are implemented,
will be entitled to remain on the HPL.
In order to address the concerns of the parties and to answer any questions
about the contents of this Order, the Court expects Mr Phillips, President
Zah, and representatives of the United States, to attend a meeting in
Phoenix, Arizona, on April 29, 1993, at 1:00 p.m. at the U.S.Department of
Interior offices.
ORDER
1. Mr. Phillips and President Zah are ORDERED to expeditiously undertake an
educational program whereby the Navajos whose names are reflected on List
A are fully informed of the foregoing. The Court ORDERS a weekly written
report from Mr. Phillips and President Zah fo the specific individuals,
whose names are contained on List A, who were contacted during the
preceding week. The Court ORDERS Mr. Phillips and President Zah to
completed the noted educational program by May 30, 1993;
2. the Chairman Masayasva and the Hopi Tribe are ORDERED to continue to
meet with HPL Navajos to discuss the proposed lease as often as once a
week at meetings arranged by mr. Phillips and the President Zah;
3. The Court ORDERS mr. Phillips and President Zah to arrange, publicize,
and attend the subject meetings described in #2 above;
4. President Zah and the Navajo Nation are ORDERED to provide interpreters
for the Hopi Tribe during the meetings described in #2 above;
5. The Court ORDERS mr. Phillips and President Zah to make arrangements for
two centrally located meeting places (Such as Rocky ridge School) where
the list A HPL Navajos will meet with the Court and the parties to
consider and sign the lease. The Court Expects the meeting places to be
sufficient to accommodate the expected attendees and that the meeting
places be structures with electric lights. The Court ORDERS Mr. Phillips
and President Zah to contact the list A HLP Navajos well in advance of the
June 15 and 16, 1993, meetings and inform the noted Navajos of the
purpose, date, time, and places of the meetings, and to encourage them to
attend and explain the consequences of not attending. Due to the
previously demonstrated preference of the HPL Navajos, President Zah is
ORDERED to provide interpreters for the Hopi Tribe during the subject
meetings. The Court ORDERS Chairman Masayasva to have available at the
noted meetings sufficient copies of the final leases for signing by the
List A Navajos. The Court ORDERS Chairman Masayasva, president Zah, and
Mr. Phillips to attend the June 15 and 16, 1993 meetings described above.
7. The Court ORDERS mr. Phillips, Chairman Masayasva, president Zah and
representatives of the United States, to attend a meeting with the Court
in Phoenix, Arizona, on April 29, 1993, at 1:00 p.m.
8. The Court ORDERS, the United states representatives, Peter Streenland
and Dan Jackson, Chairman Masayasva, President Zah, and Mr. Phillips to
perform the actions described in the DISCUSSION section above.
(signed)
Harry R. Mc Cue
United States Magistrate Judge
Mediator - U.S. Court of Appeals