NAVAJO-HOPI "LAND DISPUTE" UPDATE: DEC. 16, 1993
This is a report on the meetings which were held in Flagstaff on
12/13-14, 1993. These are a continuation of the "Dine' families'
representatives meetings" which were held on 12/1 and 12/7. These
meetings were called for by Judge McCue, who asked that the
families put down in writing what their exact religious needs were,
and their religious objections to the Agreement in Principle and
the proposed Hopi lease. See previous "UPDATES" on this conference
for details. Participation is pretty much as before. I have not
received a written report yet, this report is based on information
provided to me by Larry Nez, who was present.
FIRST: There was a news program which aired on Tuesday in this
area, which said that "mediation would soon over" when the 9th
Circt. Ct.'s 12/31 deadline expired. It had a sound byte from Lee
Phillips saying that "evictions could begin" when the mediation was
over. This is not a true rumor, friends, just more gas from the
people who bring you the Young and the Restless.
On 12/13 and 14 the families held a workshop to develop language
for a report which will be submitted to Judge McCue. The report
will focus on description of religious concerns and on use of land
by the Dine' families. The report will also say the families want
mediation to continue so they can go back and discuss the report
among their communities; so they can document their use of various
sites and land areas; so they can meet with the Hopis for further
discussion.
There was some discussion about whether to submit a
counterproposal, and if so what kind. No consensus was reached, as
some communities are holding out for land exchange or nothing, and
others are willing to consider "other alternatives." There are
some proposals floating around but the Dine' family/community reps
AS A GROUP were not in a position to agree over anything like that.
The report sent to Judge McCue will mainly focus on how the Dine'
use the land, but will also have to offer some "hope for further
progress in mediation" if the 9th Circuit Court is to find any
reason for mediation to continue. Lee Phillips is doing the write-
up and the report should be out by Friday. I have requested a copy
on disk and will post it, provided permission is given.
Katherine hazard, the federal representative, is aware of the
potential for movement in further mediation. Larry Nez feels she
is in favor of an extension, BUT we don't really know if the two
senior members of the federal team, Dan Jackson and Peter
Steenland, share her opinions. This is a good time for letters to
Janet Reno and Ada Deer.
In terms of Congressional strategy, the settlement we could
possibly get occupies a certain political space. Read the letters
that I have sent to Helen Henry, which outline the positions of the
Administration (Janet Reno) and Congress (Sen. McCain). The
ceiling of this political space is land exchange, the floor is the
Hopi lease. From what the letters say, the floor is what we can
expect. If we can raise that floor through negotiations with the
Hopis, we improve our chances for a reasonable settlement. The
more we get from talks, the less we have to move Congress and the
Administration. That is my own feeling about this.
Christmas is coming up, I wish all of you the best for Xmas,
Kwanzaa, Hanukkah, or whatever. Thank you all for your continued
support. I plan on going out to Teesto for Dine' Bikeya Committee's
Xmas dinner... and will continue the reports.
Livestock Impoundment:
We have not heard of any successful impoundment actions by the BIA
or Hopi Tribe all week. The roads are bad now, and there may be a
let-up.