January 9, 1997
CHAIRMAN SECAKUKU CLEARS UP MISCOMMUNICATION ABOUT LAND SETTLEMENT ACT
By Chairman Ferrell Secakuku
Kykotsmovi, AZ - Recently there has been a great deal of intentional
miscommunication and unfortunate misunderstanding about Senate Bill 1973,
The Navajo Hopi Land Dispute Settlement Act of 1996.
The so-called Navajo "resisters" residing on the Hopi Partitioned Land
(HPL), seem to think that there is still another chance to change the law.
This is wishful thinking. Let me clearly state some important points
concerning the Settlement Act.
Following unanimous support and passage by the Senate and House, the
President of the United States signed Senate Bill 1973 on October 11, 1996.
The Bill conclusively resolves the Navajo-Hopi land dispute as well as
religious concerns related to the continued residence of Navajo families on
Hopi Partitioned Land.
The settlement agreement is now final. The settlement a gives every
eligible Navajo family residing on HPL the choice of remaining on HPL under
a lease Accommodation Agreement, or of returning to Navajo lands within the
Navajo reservation. The Hopi people are not forcing any Navajo families to
sign the lease. If they do not feel they should sign then they can choose
not to. Because the Bill was passed so late in the legislative year, the
Hopi Tribe has gone as far as extending the agreed upon lease signing
deadline to March 31, 1997, to allow the Families additional time to
consider the decision to sign or refuse to sign the Accommodation Agreement.
The families are not gaining any bargaining power to change the law, nor
will they get the Hopi Tribe to change the settlement agreement or the
Accommodation Agreement if they do not sign.
However, it must be clear in the minds of all Navajos on Hopi land that by
refusing to sign the Accommodation Agreement, they are giving up their
privilege to continue to live on Hopi land. They will also lose their
opportunity to take advantage of relocation benefits if they should decide
to relocate at a later date. They will be considered trespassers, subject
to eviction from Hopi land if they neither sign a lease nor sign up for
relocation.
The Hopi Tribe, on behalf of the Hopi people, is only acting to regain
jurisdiction of Hopi land. The real issue is reclaiming the land restored
to the Hopi people in the 1974 Land Settlement Act, not whether the Hopi
Tribe obtains the required number of lease agreement signatures. Regardless
of whether the Navajo families sign the Accommodation Agreement, the Hopi
Tribe will Reclaim its lands and will fully exercise Hopi rights to protect
and manage the land.
The Navajo families have the right to engage in and to proceed with their
training conferences to educate themselves on the issues. Advocates of
these training sessions should be advised, however, that they must be held
responsible for Navajo families who may have participated in these sessions
in good faith but suffer in some way from the misinformation being provided
to them.
I believe that most of the Navajo families want to live out their lives on
Hopi land and want their family members to continue to live here, as well.
The Hopi Tribe's willingness to negotiate a solution has allowed for making
the leasing option available to Navajo families. We will honor our
commitment to do so. However, we will also keep our commitment to deal with
individuals who remain illegally on Hopi lands as the law allows.
Unlike the 1974 Settlement Act which places a somewhat weak responsibility
for relocation exclusively with the Federal government, the present law now
requires the Federal government to relocate all Navajos who do not sign the
Accommodation Agreement and also gives the Hopi Tribe authority to reclaim
its land from those who remain on the land outside of the law.
I believe that the Settlement Agreement Act of 1996 is a fair law which
addresses the long standing disputes between the two tribes.
Those eligible Navajo families who now reside on HPL have only two options
under the law, 1) Sign the 75 year accommodation lease; or, 2) Take
advantage of the existing relocation benefits to relocate off of Hopi lands
within three years. The Navajo/Hopi Indian Relocation Program will end in
three years. This will close the door once and for all on the Navajos'
option to take advantage of relocation benefits.
The accommodation process is open to the eligible Navajo families if they
want to participate. The decision is theirs. The Hopi Tribe is prepared to
protect its sovereignty in accordance with the law as situations dictate.
The Navajo families now living on Hopi land have a clear choice, whether to
stay legally on Hopi land under an Accommodation Agreement or be subject to
eviction. The Hopi Tribe is aware of its responsibilities. Enforcement of
the laws will be handled appropriately. The Hopi Tribe has made its
decision and we will fully carry out that decision. The Navajo families
must now make their decision.