Following is a somewhat lengthy but detailed chronology of events
significant to the Navajo-Hopi land dispute. This was prepared by the
Office of Hopi Lands and the Public Relations Office of the Hopi Tribe.
Anyone who is serious about wanting to know more about the issue should
study this Hopi perspective.
This has been approved by the Office of Hopi Lands, the Hopi Tutsqua Team,
and the Hopi Public Relations Office within the Office of the Chairman.
*****************************************************************
CHRONOLOGY
THE NAVAJO-HOPI LAND ISSUE
1. 1700's Navajo migrate into southwest, begin raids on Hopi.
2. 1850 - first Navajo encroachment and occupation of Hopi land.
3. 1863 - Marauding Navajos captured by Colonel Kit Carson, U.S.
Army, and imprisoned at Bosque Redondo, New Mexico.
4. 1868 - August 15, Navajo Treaty signed with the United States;
Navajo Reservation established (Arizona/New Mexico).
5. 1878 - October 29, first Executive Order by President Rutherford
B. Hayes adding additional acreage to 1868 Treaty Reservation for
Navajos.
6. 1880 - January 6, Executive Order by President Rutherford B. Hayes
adding additional acreage to the Navajo Reservation.
7. 1882 - December 16, Hopi Executive Order by President Chester A.
Arthur establishing the Hopi Indian Reservation.
8. 1884 - May 17, Executive Order by President Chester A. Arthur
adding additional acreage to the Navajo Reservation.
9. 1900 - January 8, Executive Order by President William McKinley,
adding additional acreage of 1,240,460 to the Navajo Reservation.
10. 1901 - November 14, Executive Order by Theodore Roosevelt adding
additional acreage to the Navajo Reservation.
11. 1908 - January 28, Executive Order by Theodore Roosevelt adding
additional acreage to the Navajo Reservation.
12. 1918 - January 14, Executive Order Reservation established by
President Woodrow Wilson adding additional acreage to the Navajo
Reservation.
13. 1930 - May 23, Executive Order adding additional acreage to the
Navajo Reservation.
14. 1931 - February 21, Executive Order adding additional acreage to
the Navajo Reservation.
15. 1934 - Congressional Act of June 14, 1934. Established the Navajo
Reservation for "the Navajos and such other Indians already settled
thereon."
16. 1936 - December 19, The Hopi Constitution and by-laws were
approved. The Hopi Tribal Council was established.
17. 1936 - Land Management Districts were established by the Bureau of
Indian Affairs which encompassed both the Navajo and Hopi Reservations.
The grazing "District 6" line was drawn around the Hopi villages located
on First, Second, and Third mesas. The Hopi Tribe protested this action.
18. 1943 - April, Hopi District #6 was designated by the BIA as the
only exclusive Hopi Reservation, within the 1882 Reservation. Hopi once
again protested this action, which effectively confined the Hopi to
600,000 acres within the 1882 reservation.
19. 1958 - July 22, P.L. 885-547 was signed into Law. This
legislation authorized the Tribe's Chairmen and the United States Attorney
General to file a lawsuit to quiet title to the 1882 Reservation,
resulting in the Healing vs. Jones lawsuit.
20. 1960 - October, The Healing vs. Jones lawsuit was heard in
Prescott, Arizona.
21. 1962 - September, The Court issued its "Opinion, Findings of Fact
and Conclusions of Law and Judgment." The Court determined that while the
BIA had not directly and officially settled Navajos on the 1882
reservation, it had done so by implication, indirection and neglect.
District 6 was found to be exclusively Hopi. The remaining Hopi 1882
reservation became a Joint Use Area with the Navajo Tribe on a share and
share alike basis with a 1/2 interest apportioned to each, surface and
sub-surface. Further, the Court found that it did not have jurisdiction to
partition the Joint Use Area between the two tribes.
22. 1963, - June 3, Healing vs. Jones was appealed to the U.S. Supreme
Court. The Court declined to review the case.
23. 1972 - The Hopi Tribe initiated court proceedings which sought to
protect Hopi interests in the JUA. Two restrictions resulted. The court
ordered a livestock reduction to prevent further deterioration of the land
from overgrazing and limited new construction within the JUA to
improvements authorized both Tribes.
24. 1974 - December 22, Public Law 93-531 - The Navajo-Hopi Land
Settlement Act became law. The Act authorized partitioning of the JUA and
established the Navajo Hopi Indian Relocation Commission (NHIRC) to move
Hopi and Navajo from the reservation lands of the other tribe and directed
that range restoration be undertaken.
25 1977 - February 10, the District Court in Tucson issued an Order
of Partition.
26. 1978 - August 30, an interim partition line was constructed.
27. 1979 - April, The District Court issued its final judgment of
Partition.
28. 1980 - July, Public Law 96-305 was signed into law. This law
amends PL 93-531. The Navajo Nation receives an additional 250,000 acres
of BLM land on which to move Navajo relocatees and 150,000 acres of
private land into trust for the Navajo Nation. It also established
authority for a commission discretionary fund program.
29. 1981 - April 8, A Relocation Plan is presented to Congress by the
Navajo/Hopi Indian Relocation Commission. The deadline identified for
relocation was July 6, 1986. Congress appropriated $22 million to
accomplish relocation.
30. 1985 - Presidential initiative. Judge William Clark, former
Interior Secretary, undertook an initiative on behalf of President Reagan
to comprehensively resolve the Navajo/Hopi land dispute. The initiative
addressed the dispute over the 1934 Western addition to the Navajo
Reservation as well as the dispute over the 1882 Reservation former Joint
Use Area. After nine months of study and negotiations, Judge Clark
reported no progress in resolving the dispute between the two Tribes. The
initiative was abandoned.
31. 1986 - July 6, relocation deadline. The deadline was not met by
the NHIRC. The timeline was extended by Congress based on Appropriation
Language.
32. 1986 - FY 1986, NHIRC Commission appropriations language specified
that none of these funds, no funds appropriated under this Act, can be
used to evict any Navajo household, who as of November 30, 1985 had
applied for relocation benefits and was physically domiciled on the HPL
until such time as new or replacement homes are available for such
households.
33. 1986 - FY 1986 NHIRC companion legislation also provided 22
million dollars to the BIA to construct homes and related facilities for
Navajo Relocatees on the new lands. 45 Navajo families were relocated.
34. 1986 - July 6, Relocation to be completed by NHIRC. Relocation
deadline extended, by Congress, "until such time housing is acquired for
those families still on the Hopi Partitioned Lands."
35. 1988 - Manybeads lawsuit filed by Navajo families on HPL against
the U.S. challenging the constitutionality of the 1974 Navajo/Hopi
Settlement Act on religious freedom grounds.
36. 1988 - Amendment to PL 93-531 by PL 96-305. This amendment
abolished the three member Commission and replaced it with a single
Commissioner, who shall head the Office of NHIRC. Commissioner to be
appointed by the President. The Office of NHIRC shall be an independent
entity of the executive branch. All powers, funds, and responsibilities
previously held by the Commission will be transferred to the
Commissioner. All powers and duties of the BIA derived from PL 99-190
which relate to relocation of members of the Navajo Tribe from Hopi lands
shall be transferred to the Commissioner on Jan 31, 1989. All funds
appropriated to the BIA for activities related to such relocation shall be
transferred to the Commissioner. Six months from the date that the
Commissioner is confirmed by the Senate, the Commission shall submit a
report to Congress which identifies the names and property of persons
remaining to be relocated and remaining to receive relocation benefits.
37. 1989 - September, the 1934 Boundary Bill Case hearing. This is to
determine quiet title to the 1934 Navajo Reservation area. Hopi Tribe has
burden of proof on use, occupation and possession of lands by Hopis in
1934.
38. 1989 - the Manybeads Case was dismissed by Judge Carroll of the
U.S. District Court. The Hopi Tribe was not party to this case but
appeared as a "friend of the court."
39. 1991 - May 10, 9th Circuit Court of Appeals orders the Hopi and
Navajo Tribes, the United States, and the individual Navajo families who
live on Hopi land, to mediate, negotiate a settlement under the direction
of Federal Judge Harry R. McCue.
40. 1991 - June 11, Judge McCue holds first meeting. Navajo offer a
land exchange. Hopi reject land exchange. Judge directs both parties to
submit proposals.
41. 1991 - June 20, Judge McCue holds second meeting. The Navajo
Nation submits a modified land exchange proposal. The Hopi Tribe responded
by establishing a list of pre-conditions that had to be satisfied by the
Navajo Nation and the Navajo residents on the Hopi Partitioned Lands prior
to initiation of the mediations. The Navajo Nation and families responded
favorably to the Hopi Tribe and convinced the Mediator to justify the
preparation of an offer by the Navajo Nation to the Hopi Tribe.
42. 1992 - May, The Hopi Tribe counter proposed to lease a certain
amount of the Hopi Partitioned Lands to the Navajo residents under certain
terms and conditions. Judge McCue refers to this as "a manifestation of
the Hopi Tribe's good faith" allowing negotiations to continue.
43. 1992 - Sept. 10, A proposal based upon an exchange of land and the
payment of money was made by the Navajo to the Hopi Tribe. The Hopi
refused to give up anymore Hopi land and the proposal was rejected.
44. 1992 - October, the parties reached an "Agreement in Principle"
(AIP) after twelve months of arduous negotiations and attempts by the
Navajo Nation to offer a land exchange proposal.
45. 1992 - October 20, The Agreement in Principle was ratified by
both tribes and the federal government. The Agreement set up a framework
upon which the current land settlement agreement was built, including the
Accommodation Agreement with the Navajo families.
46. 1992 - Nov. 23, Hopi Tribal Council Resolution No. H-129-92 was
passed by the Hopi Tribal Council ratifying the Agreement in Principle and
authorizing the Chairman and the Relocation Task Team to implement the
Agreement In Principle (AIP).
47. 1992 - September 23, Hopi Tribal Council Resolution No. H-87-92 is
passed by the Hopi Tribal Council establishing the Relocation Task Team to
address the relocation issues and settlement proposals.
48. 1993 - During the summer of 1993, numerous meetings were held with
the Navajo families to educate them on the contents of the Agreement in
Principle. These meetings were held in Teesto, Mosquito Springs, Cactus
Valley, Red Willow Springs, Coalmine Mesa and Big Mountain, the Hopi
reservation and in Flagstaff.
49. 1993 - August 5, the families unanimously rejected the AIP, with
only one Navajo individual voting in favor. It was later learned they
voted using the wrong ballot which was provided by the Nation in an effort
to settle the settlement.
50. 1993 - August 12, the Navajo Nation again submitted a proposal to
the Hopi Tribe offering a land exchange.
51. 1993 - August 17, the Hopi Tribal Council passed Resolution
H-127-93, which directed the Hopi Land Negotiations Task Team to
discontinue mediation talks with the Navajo Nation based on their stubborn
insistence on a land exchange, that they had negotiated in bad faith, and
that they had misinformed the Navajo families on the terms of the AIP.
The Hopi Tribe also directed the Federal Government to pursue relocation
immediately.
52. 1994 - February, soon after the Secakuku/Taylor Administration
came into office, Judge McCue came before the Tribal Council and requested
that the Hopi Tribe reconsider the offer previously made to the Navajo
families and make minor revisions to the Accommodation Agreement.
After much debate, the Tribal Council voted in favor of this
reconsideration and directed that this would be the final offer with no
more negotiations.
53. 1994 - March 29, The Hopi Tribe submitted the final agreement
which was accepted by Judge McCue stating this was the final offer of the
Hopi Tribe.
54. 1994 - Spring season, The Hopi Tutsqua (Lands) Team began meeting
with the Navajo families in Teesto, at the Hopi Civic Center and on the
Northern Arizona University campus to again educate the families
concerning the Accommodation Agreement.
55. 1994 - May 23, another vote was taken by the Navajo families to
ratify the Accommodation Agreement and approximately 234 families voted in
favor and based on the vote, the Judge determined that 80% of the eligible
families had ratified the AIP, thereby accepting the AIP.
56. 1994 - July, Judge McCue directed all parties to begin
implementation of the AIP and informed all parties that mediation was
over.
57. 1994 - December 14, the Navajo Nation Council passed Navajo Tribal
Resolution CD-107-94, informing the parties that the Agreement in
Principle had expired on its own terms and was null and void. The
Resolution also gave specific instruction for negotiations and formally
rescinded Navajo Tribal Resolution CAU-56-93, which supported the AIP.
The Navajo Nations refused to participate any further.
58. 1995 - Jan. 13, First meeting, which was held in Flagstaff, with
the Navajo families to begin implementation of the AIP.
59. 1995 - Feb. 16, The Hopi Tribe approved 13 construction
applications for Navajo families residing on Hopi Partitioned Lands as a
sign of good faith towards implementation of the AIP.
60. 1995 - March 9, Meeting with Navajo Families in Flagstaff on the
implementation of the AIP.
61. 1995 - (Month) A meeting was held with Judge McCue to determine if
the Agreement in Principle was still in effect due to Navajo Nation
resolution. The Judge determined that all other parties could continue
without the Navajo Nation.
62. 1995 - March 3, the Navajo families submitted to the Hopi Tutsqua
Team a statement of eighteen (18) religious concerns, requests and
questions regarding the Hopi Tribe's proposed Accommodation Agreement.
During this meeting, the families also designated representatives from the
different areas for the implementation phase.
63. 1995 - March 13, the Hopi Tutsqua Team responded by letter, to the
concerns of the families and these discussions continued, and included
educating the Navajo families on the Hopi Tribal Ordinances. The families
had requested that this portion be waived and proposed that they
themselves would learn on their own time.
64. 1995 - March 19, Meeting held in Phoenix with the Navajo families
towards implementation of the AIP.
65. 1995 - April 30, A meeting was held with the Navajo families at
the Hopi Civic Center, when they agreed to the Hopi Tribal permitting
system in collecting wood, tree boughs for religious purposes, building of
temporary religious structures and grazing.
66. 1995 - May 4, Meeting with the Navajo families at the Hopi Civic
Center on implementation of the AIP.
67. 1995 - May 30, Meeting with the Navajo families in Flagstaff on
implementation of the AIP.
68. 1995 - June 19, Meeting with Navajo families in Flagstaff on
implementation of the AIP.
69. 1995 - June 29, The Hopi Tribe and the team receives resolution
from the Navajo families representative calling for continued discussions
with the Hopi Tribe.
70. 1995 - June 29 & 30, Meeting held with Navajo families in
Flagstaff on implementation of the AIP.
71. 1995 - July 7, H-110-94 Resolution approved by the Hopi Tribal
Council establishing the Hopi Tutsqua (Land) Team to address all issues
arising out of the 1992 AIP.
72. 1995 - July 13, Meeting with the Navajo families in Flagstaff in
implementation of the AIP. Mr. Dave Lombardi. 9th Circuit Court observer
attends meeting.
73. 1995 - October 2, the Navajo families voted on and accepted the
Hopi Tribe's Accommodation Agreement with clarifications on the 18
concerns of the Navajo families.
74. 1995 - November 27, H-157-95 Hopi Tribal Council approves the
Settlement Agreement and authorizes the Chairman to sign the Settlement
Agreement. Also directs Hopi Tutsqua Team to begin immediate
implementation of the Settlement Agreement.
75. 1995 - Dec.12, Chairman Secakuku signs Settlement Agreement.
76. 1996 - March 28, A hearing held on the Settlement Agreement was
held in Washington, D.C. before Senate Select Committee on Indian Affairs.
Testimony was provided by all parties. The Hopi Tribe, the Navajo Nation,
the Federal Government, the Navajo families.
77. 1996 - April 10, McCain's staff made a site visit to Hopi and
toured HPL and met with Navajo families. A meeting also took place with
Hopi people in Kykotsmovi at the Hopi Day School.
78. 1996 - May 13, The Hopi Tutsqua Task Team met with the Arizona
Congressional Delegation to seek legislation for authorization to allow
Hopi to enter into the 75 year lease with the Navajo families. Senator
McCain, Chairman, Indian Select Committee, then determined that the entire
settlement agreement must be legislated.
79. 1996 - September 9 - 13, SB 1973, the Land Settlement Act of 1996
was presented by the Indian Affairs Committee. An amendment added a Water
Rights provision, 5 mile buffer, 85% for Trust lands and stated that the
Navajo Nation was not a party to the Settlement Agreement.
80. 1996 - September 27, SB 1973 passed the Senate and on September
28, at 11 p.m. passed the House.
81. 1996 - September 25, a hearing was held by the Senate Indian
Committee on closure of the NHIRC Flagstaff Office. Hopi Chairman
Secakuku provided testimony in support of closure in line with the terms
of the Accommodation Agreement reached with the Navajo families.
82. 1996 - October 2, first deadline for lease sign up as set by the
Agreement. This was extended to December 31, 1996 by the Hopi Tribal
Council.
83. 1996 - October 11, President Clinton signed Senate Bill 1973 into
law..
84. 1996 - November 7, Judge Carroll ruled on preliminary Class
certification and determined that there will be no opt out, therefore his
decision on the land settlement agreement and the fairness of this
agreement would be binding to a class for those Navajo families on HPL.
85. 1996 - December 4, Five Navajo families are first to sign lease
with the Hopi Tribe.
86. 1996 - December 31, deadline to sign a lease was extended to March
31, 1997, by the Hopi Tribal Council to coincide with Judge Carroll's
fairness hearing.
87. 1997 - February 11 - 14, Manybeads Case "fairness hearing"
scheduled and conducted. Judge ordered final arguments to be heard on
February 21, 1997.
88. 1997 - February 21, Judge Carroll hears final arguments. Asks the
Hopi Tribal Council to extend sign up deadline for 30 to 60 days to allow
him time to write his decision.
89. 1997 - February, Hopi Tribe receives letters from Navajo Nation
President Albert Hale and Navajo Nation Speaker of House, Kelsey Begaye,
requesting a meeting to re-negotiate issues they feel have not been
resolved.
90. 1997 - February 24, the Hopi Tribal Council decided it will not
engage in such a meeting. The Hopi Tribe worked long and hard with Navajo
families to develop the current Accommodation Agreement, which represents
a reasonable means of allowing Navajo families to remain on Hopi Lands if
they desire to.
1997 - February 27, Chairman Secakuku and Hopi Tutsqua Team to Jeddito
Chapter House for Navajo families lease signing.
92. 1997 - March 5, Navajo families Attorney Lee Brook Phillips, files
a petition with Judge Carroll. In the United States District Court for
the District of Arizona, Phoenix Division, requesting that the Court not
certify the proposed class.
93. 1997 - March 6, Navajo families Attorney Lee Phillips, writes
letter to Hopi Tribal Council stating his support of the Accommodation
Agreement despite an article appearing in Flagstaff Daily Sun newspaper
titled, "Navajos may gain some time" which caused considerable confusion
among many people.
94. 1997 - March 10, the Hopi Tribal Council, with a vote of 6 for and
12 against, decided not to extend the Accommodation Agreement signing
deadline. Their decision to keep the deadline was based on the view that
more than enough time has been provided, and they had already extended it
twice before, it was now time to move forward.
95. 1997 - March 11, Chairman Ferrell Secakuku and Hopi Tutsqua Team
to Coal Mine Chapter for Navajo families lease signing.
96. 1997 - March 13, Chairman Ferrell Secakuku and Hopi Tutsqua Team
to Teesto Chapter House for Navajo families lease signing.
97. 1997 - March 24, Chairman and Hopi Tutsqua Team to Cactus Valley
for Navajo families lease signing.
98. 1997 - March 25, Clayton Honyumptewa to Leupp. Signed one family
for lease accommodation.
99. 1997 - March 26, Chairman Ferrell Secakuku and Hopi Lands Office
at Big Mountain Area meeting with 15 Navajo families.
100. 1997 - March 27, Office of Hopi Lands staff in Teesto, Navajo
families lease signing.
100. 1997 - March 28, Meeting with 15 families and signing of leases at
Big Mountain area.
102. 1997 - March 29, Office of Hopi Lands remain open to accommodate
Navajo families who were not able to sign up during week days.
103. 1997 - March 31, Deadline day for Navajo families lease
accommodation signing. Office of Hopi Lands remain open until 12
midnight.