NAVAJO-HOPI "LAND DISPUTE" UPDATE: 12-23-93
LEE PHILLIPS & KATHERINE HAZARD FILE REPORT TO MEDIATOR
This report results from a negotiating session in Phoenix, AZ on
Sept 16, 1993. At that meeting, Dine' families from the HPL
expressed the concern that their religious issues were not
addressed by the 1992 Agreement in Principle (AIP) and the
proposed Hopi lease. In response federal Mediator McCue asked
Lee Phillips (MANYBEADS plaintiffs' attorney) and katherine
Hazard, and attorney for the U.S., to convene meetings at which
the Dine' families could make explicit suggestions, other than
land exchanges, as to how these concerns could be satisfied.
The meetings which were reported in previous "UPDATES" (Nov. 22
and Dec. 7) were aimed at setting up a group of representatives
who would produce the actual documents requested by the judge.
The working meetings were held Dec. 13-14 and on Dec. 16. in
Flagstaff. I was not there but have talked to Larry Nez, Elmer
Clark, Patsy Yazzie and Betty Tso, who were all there. Each of
these people has a different viewpoint of what happened. Betty
Tso, I talked to her yesterday, was really happy about it. Some
others felt that the Big Mountain and Teesto people "took over"
and left them without a voice.
I read the document yesterday. It is very convincing and makes
specific points about religious use of the land. It covers
objections to both the AIP and the hopi lease. These are the
topic headings:
1. The draft lease proposal has no express guarantee for respect
or protection of Dine' religion
2. Religious sites, structures and ceremonies (outlines how
specific ceremonies take place, the land and resources they use.)
3. The hogan (why Dine' homes are sacred)
4. Sacred sites on the HPL (a representative list of the
different types of sacred sites, and how the Hopi lease doesn't
protect access to or use of them)
5. Construction of religious structures
6.Gathering of herbs
7. Water
8. Protection of burial sites
9. Homesites (the practical needs of the families; all the things
that make up a household; the way a 3-acre homesite will not
work)
10. Livestock - the meaning, sacredness, various types
11. Eviction
12. Rent
13. 75 year lease term
The report makes a number of recommendations and promises that
the families will identify ceremonies that require the use of
areas outside of the homesite; map sacred sites at Teesto and
Mosquito Springs by 1/21/94 and other communities by 2/18/94;
develop a 'counterproposal' to the Hopi Tribe; more meetings
between the Dine' families and the Hopi Tribe; ratification of a
preliminary draft agreement, mainly on religious issues, by
3/1/94; community meetings between Hopi Tribe and Dine'
communities to work out other details.
Betty Tso was really happy about the direction things are taking.
She feels, and I agree, that it was a mistake for the mediator to
structure mediation so that the Dine' families were excluded. I
sure got tired of going back and forth, all over the HPL, trying
to report what was going on to people who by rights should have
been in the room doing the negotiating.
Betty told me that the families did a sort of charette, first
writing down all their various ideas and concerns on big sheets
of paper, then pinning them up all over the room so everyone
could see everything. This was all written up, Irene Begay did a
lot of typing on a computer. Katherine Hazard offered to edit
the report (!!) but was told in a nice way that the families
wanted their own words on the paper, not someone else's.
I have been asking Lee Phillips for copies of these documents on
disk so I can send them out over the wire. Unfortunately he is
gone until Jan. 3.
Roman Bitsuie talked with Judge McCue a couple days ago. The
Judge said his report would urge continued mediation, that the 3-
judge panel of the 9th Circt. Ct. which had heard the MANYBEADS
case was in favor of more mediation as well, and that only the
supervising judge needed convincing. Roman did say to the Judge
that some communities were willing to work with the Hopi Tribe on
a modified lease proposal, but that Teesto and Big Mountain were
not ready to do that. According to Roman, the Judge indicated
that if SOME communities were talking with the Hopis, that would
be enough to keep the mediation alive.
I had been planning to go to Dine'Bikeya Committee's Christmas
dinner today, but they had it yesterday. There had been some
discussion at the last Dine'Bikeya meeting about moving it to the
23rd, but I guess they did not. So I missed a good dinner with
good friends.
THE ROLE OF THE NAVAJO NATION
At this time, the mediation if it continues, will consist of
direct talks between the Dine' families and the Hopi Tribe. It
is very unlikely that the Hopi Tribe will allow the participation
of the traditional Hopi, or any other Hopi who are not tribal
officials. The Navajo Nation's role is going to be pretty much
limited to providing technical and logistic support of the Dine'
families.
We will continue to provide information in the UPDATES, and will
also relay anything the Dine' families want put out on the NET.
Someone has to work with Washington, as the Hopi Tribe is
lobbying hard and having a lot of success with both Congress and
the Administration (witness the recent Janet Reno letters, or
Sen. McCain's letter to Nelson Gorman).
No matter who negotiates a final agreement, the Hopi tribe will
want a LOT of compensation. Again, the Navajo Nation will have
to provide many of those things which the Hopi Tribe asks for.
The Nation's offer of settlement of Aug 5, 1993 is still open.
It includes 3 acres of land to the Hopi Tribe for every acre they
give up; it includes the Lake Powell water pipeline they want, so
that Peabody can quit pumping water out of the ground on Black
Mesa. And many other things.