Agreement in Principle for Resolving Issues in Connection with the Navajo-Hopi Settlement Act
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AGREEMENT IN PRINCIPLE FOR RESOLVING
ISSUES IN CONNECTION WITH THE
NAVAJO-HOPI SETTLEMENT ACT
(Pub. L. 93-531, as amended)
WHEREAS, the Hopi Tribe, the Navajo Nation, and the MANYBEADS
Plaintiffs agree that it is in the best interests of the Hopi
Tribe, the Navajo Nation, their respective members, and the
MANYBEADS Plaintiffs, that a final settlement of certain
issues remaining in connection with the Navajo - Hopi Land
Settlement Act, Pub. L. 93-531, as amended, be reached by
negotiation and voluntary agreement among the affected
parties; and,
WHEREAS, the United States recognizes that a negotiated
settlement is in the best interests of all parties including
the United States; and,
WHEREAS, the Hopi Tribe, the Navajo Nation, the MANYBEADS
Plaintiffs, and the United States benefit from such a
voluntary settlement, and will fully support such a voluntary
settlement;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
I. AUTHORITY AND UNDERTAKING OF THE NEGOTIATORS
A. The Hopi Relocation Task Team ("Hopi Team") is the
team appointed by the Hopi Tribal Council to discuss and make
recommendations to the Hopi Tribe concerning a resolution of
matters outstanding among the Hopi Tribe, the Navajo Nation,
their respective members, the MANYBEADS Plaintiffs, and the
United States. No action of the Hopi Team is to be considered
final action of the Hopi Tribe until presented to Hopi
villages and ratified by the Hopi Tribal Council. The Hopi
Team agrees to present and to provide its full support for
this agreement in meetings with the Hopi Tribal Council and
the Hopi villages.
B. The Navajo-Hopi Land Commission ("Task Force") is the
duly authorized team appointed by the Navajo Nation to discuss
and make recommendations to the Navajo Nation concerning a
resolution of matters outstanding among the Hopi Tribe, the
Navajo Nation, their respective members, the MANYBEADS
Plaintiffs, and the United States. No action of the Task Force
is to be considered final action of the Navajo Nation until
presented to affected communities and ratified by the Navajo
Nation Council. The Task Force agrees to present and to
provide its full support for this agreement in meetings with
the Navajo Nation Council and the affected communities.
C. The United States' negotiators from the Departments of
Justice and the Interior ("Government Negotiators") are the
proper representatives of the United States in the matter. No
action of the Government Negotiators is to be considered final
action of the United States until ratified by the Secretary of
the Interior and the Attorney General, or his representative
appointed for this purpose. The Government Negotiators agree
to present and to provide their full support for this
agreement in meetings within the Department of the Interior
and the Department of Justice, and other necessary entities
within the Executive branch of the United States.
D. Lee Brooke Phillips is the proper representative of
the MANYBEADS Plaintiffs in the matter. No action of Mr.
Phillips is to be considered final action of the MANYBEADS
Plaintiffs until ratified by the MANYBEADS Plaintiffs. Mr.
Phillips agrees to present and to provide his full support for
this agreement in meetings with the MANYBEADS Plaintiffs.
E. Judge Harry R. McCue, Magistrate for the United States
District Court for the Southern District of the California,
has presided over the settlement discussions in this matter
pursuant to the orders of the Ninth Circuit Court of Appeals
in the cases pending before that Court captioned MANYBEADS v.
UNITED STATES and MASAYESVA v. ZAH. Judge McCue agrees to
assist the parties in explaining this agreement: to the Hopi
Tribal Council and to the Hopi villages, if requested by the
Hopi Team; to the Navajo Nation Council and the Navajo tribal
members, if requested by the Task Force; to the MANYBEADS
plaintiffs, if requested by Mr. Phillips; and to the
Department of the Interior and the Department of Justice, and
other necessary entities within the Executive and Legislative
branches of the United States, if requested by any party
hereto.
II. TERMINATION OF AGREEMENT IN PRINCIPLE
The Hopi Team, the Task Force, Mr. Phillips, and the
Government Negotiators agree to use their best efforts to
conclude and sign a settlement on the issues addressed in this
Agreement in Principle on or before October 30, 1992. If no
such agreement is reached and signed among the above parties
by October 30, 1992, and ratified by the duly authorized
principals of the negotiators by November 20, 1992 (except for
the United States which shall have until November 25, 1992 to
ratify the Agreement), the agreements identified herein lapse
without obligation or liability to any of the parties.
III. ACCOMMODATION OF NAVAJOS ON HOPI-PARTITIONED LAND
A. ELIGIBILITY. To any Navajo on List A provided to the
Hopi Tribe, a copy of which is attached hereto as Appendix A,
and, in addition, (i) those Navajos domiciled on the HPL who
are temporarily away for purposes of education, employment,
military service or medical need; (ii) those Navajo legal
residents on the HPL who are subsequently certified eligible
by the Office of Navajo and Hopi Relocation; and (iii) such
other individuals, as agreed to by the Navajo and Hopi tribes,
the Hopi Tribe, will offer a lease allowing that person and
his or her spouse and children to remain on that portion of
the HPL covered by their lease. The number of homesites
available for lease is 112. Additional homesites may be made
available subject to agreement between the Hopi Tribe and
homesite applicant.
B. PARTIES TO THE LEASE. The HPL lease will be signed by
the individual lessees, who shall include all adult eligible
Navajos as defined in paragraph III.A, the Hopi Tribe, the
Navajo Nation, and the United States. Spouses of adult
signatories to an HPL lease shall also sign the family's HPL
lease; children of adult signatories to an HPL lease shall
also sign the family's HPL lease upon attaining majority.
C. LEASE SIZE. The HPL lease will consist of a three (3)
acre homesite and up to ten (10) acres of currently used or
nearby farmland, consistent with the Hopi Tribe's
Comprehensive Land Use Plan ("plan"). Subsequent changes to
the Plan shall not reduce or change to the detriment of the
lessee the lease terms unless such change is agreed to between
the Hopi Tribe and the affected lessees. The three acre
homesite will be expanded on an individual basis to include
the residences of all eligible Navajos at that site.
D. GRAZING. The Navajo lessees, as a group, shall be
provided a minimum of 2,800 SUYL by the Hopi Tribe. The Navajo
Nation shall make the allocation of the grazing rights
provided by the Hopi. Individual Navajo lessees may apply to
the Hopi Tribe for additional grazing privileges prior to the
signing of the Implementing Agreement.
E. CONSTRUCTION AND REPAIR. All structures related to
residential, farming, grazing or Navajo ceremonial use which
are currently on the HPL leaseholds shall remain permitted, as
part of each lease. The individual lessees shall be allowed to
repair, restore, and enlarge existing structures. The
individual lessees shall be permitted, after application, to
construct new structures on the lease areas so long as the
structures are related to residential, farming, grazing, or
Navajo ceremonial use. Applications for new permitted
structures will be processed and granted within seven days.
F. INFRASTRUCTURE. So long as it is in compliance with
applicable law and regulation, infrastructure may be
constructed by the Hopi Tribe, the Navajo Nation, other
appropriate parties including utilities, to serve the HPL
including but not limited to roads, electrical lines, water
systems, and other infrastructure related to the residential,
grazing and farming use of the HPL. Where such infrastructure
is constructed, the subject infrastructure shall be made
available to all HPL residents in the area on an equitable and
non-discriminatory basis. The parties providing such
infrastructure shall enter into appropriate agreements
including, but not limited to, the sharing of costs.
G. JURISDICTION.
1. Except as otherwise provided in this Agreement
and in subparagraphs 2 and 3 below, the HPL leases and the
individual lessees will be subject to criminal and civil
jurisdiction of the Hopi Tribe.
2. For issues which are entirely Navajo related,
e.g., probate, domestic relations, child custody and adoption,
tribal benefits and services, etc., Navajo law will apply and
Navajo courts shall have sole jurisdiction over such matters.
Questions regarding ownership of HPL leases, however, shall be
decided consistent with the terms of the HPL leases.
3. The parties agree that a review procedure shall
be established for resolving disputes which affect leaseholds
and grazing privileges. Details of this provision will be
negotiated between the Navajo Nation, the MANYBEADS
Plaintiffs, and the Hopi Tribe.
4. The Hopi Tribe shall provide due process under
Hopi law and to treat Navajo lessees fairly and equitably.
H. TERM OF ACCOMMODATION. The HPL leases shall be for a
term of 75 years. Lessees may apply to the Hopi Tribe for
additional extension of the lease period.
I. TRANSFER. The HPL leases shall be transferable for
eligible persons, as defined in Section III.A of this
Agreement, to other eligible persons or to children
subsequently born to an eligible person, provided those
children reside on the HPL at the time of transfer. Absence
from the leasehold to attend school, work, illness, military
service, etc., shall not be considered in determining whether
an individual has lived on the HPL leasehold. In the event of
a transfer, the transfer would not become effective until the
transferee(s) agree to continue to reside on the property in
accordance with the terms and conditions of the HPL lease and
executed the lease as the new lessee(s) thereunder. The
transferee(s) would be entitled to the use and benefit of the
lease for the remainder of the lease term. The transfer of a
lease shall be according to the terms and conditions of the
lease.
J. TERMINATION FOR CAUSE. The HPL leases will be
terminable for cause. Cause shall include:
(1) Non-use of the HPL leased premises for
residential purposes by the lessee or his or her family and/or
descendants for a substantial period of time exceeding 2
years.
(2) A lessee's knowingly violation of substantive
material terms or conditions of the HPL lease. Such lease
termination shall not affect the rights of other lessees who
did not participate in the violation from remaining on the HPL
leasehold.
(3) Individual HPL lessees may have their lease
rights terminated for the lessee's conviction in a court of
competent jurisdiction of violation of certain felonies as
defined under Federal law or violation of certain Hopi tribal
ordinances or laws. A list of the Federal and Hopi laws which
constitute offenses which could subject an individual, if
convicted, to lease termination will be negotiated by the Hopi
Tribe, the Navajo Nation, and the MANYBEADS Plaintiffs. Such
lease termination, however, shall not affect the rights of
other HPL lessees residing on the same lease premises.
(4) Failure to pay rent. If the Hopi Tribe commences
a proceeding to terminate a lease (pursuant to paragraphs 1
through 4 above), the Hopi Tribe shall provide all affected
lessees and the Navajo Nation with written notice and a
reasonable opportunity to be heard and to cure the violation.
K. EFFECT ON RELOCATION BENEFITS. The passage of 3 years
following the acceptance of homesite lease constitutes a
waiver of any and all rights the lessee has to relocation
benefits under 25 U.S.C. 640d.
L. LEASE APPLICATION. Any Navajo meeting the requirements
of Section III.A above is entitled to enter into an HPL lease
with the Hopi Tribe within 1 year after Congressional
enactment effectuating the Agreement. The lease form to be
used will be negotiated by the Hopi Tribe, the Navajo Nation,
and the MANYBEADS Plaintiffs. Within 13 months after the
effective date of implementing settlement legislation, the
United States shall implement the provisions of 25 Code of
Federal Regulations 700.137 (1992 ed.) on the New Lands for
all Navajos residing on the HPL who are eligible for a
replacement home from the ONHIR but have not made timely
arrangements for a lease on the HPL. Those provisions shall be
fully implemented within 3 years of the commencement of this
process.
M. FUND FOR SUBSEQUENT NAVAJO RELOCATIONS. Any Navajo
whose lease is terminated for cause within 7 years following
the acceptance of that lease on the HPL shall be eligible for
temporary relocation assistance. Such assistance shall be made
available in a timely manner within 30 days by the ONHIR in
amounts and according to the presently established ONHIR
regulations applicable to temporary relocation assistance and
such other funds as are reasonably necessary.
N. SUNSET FOR RELOCATION OFFICE ACTIVITIES ON THE HPL.
Within 3 years of the effective date settlement legislation,
the ONHIR, with the continued assistance and the cooperation
of the Navajo Nation in processing applications for homesite
leases on the Navajo Reservation, shall have completed all of
the activities with regard to voluntary relocation of Navajos
electing to relocate from the Hopi partitioned lands. It is
expressly understood among the parties that nothing in this
Settlement Agreement or settlement legislation shall allow the
ONHIR to change its priority system in a manner which would
provide HPL relocates priority over other eligible Navajos
living in unsafe housing.
O. RENT. The Navajo Nation and the Hopi Tribe agree to
negotiate an appropriate rent.
P. INTERIM IMPLEMENTATION. Between the signing of this
Agreement in Principle and the effective date of implementing
legislation, the parties agree to implement this Agreement on
an interim basis.
Q. EQUAL TREATMENT. Navajo lessees on the HPL shall be
subject to the same rules and regulations and provided with
the same access to infrastructure and resources as members of
the Hopi Tribe residing on the HPL.
R. SECTION 106 NOTICE. The United States shall continue
to provide the MANYBEADS Plaintiffs with notice of proposed
government fencing and government construction projects on the
HPL and to otherwise comply with Section 106 of the NHPA.
IV. DISMISSAL OF CASES
A. The Owelty, Damage, Use, New Construction, Post-
Partition Rent, MANYBEADS, Claims Court cases (by the Hopi
Tribe) will be dismissed with prejudice. The parties shall
attach to the Implementing Agreement a list of these cases by
proper citation and docket number.
B. The Navajo Nation and the Hopi Tribe waive and
relinquish with prejudice all claims against the United States
they might have as of this date under 25 U.S.C. 640d.
C. Upon the effective date of implementing legislation,
the Navajo Nation and the United States agree to collectively
seek remission of any contempt fine which may be imposed
against the Navajo Nation in the new construction litigation
pending the District Court of Arizona. The Hopi Tribe shall
not oppose such application.
V. COMPENSATION TO THE HOPI TRIBE
A. C.O. Bar Ranch
1. The Navajo Tribe shall purchase the C.O. Bar
Ranch and transfer all of that ranch west of the ridge line
nearest to the Little Colorado River to the Hopi Tribe, except
for additional acreage which shall be identified by the Navajo
Nation. The total acreage of the land retained east of the
ridge line and identified by the Navajo Nation shall not
exceed 35,000 acres. Those portions of the C.O. Bar Ranch
retained by the Navajo Nation pursuant to the agreement
described above shall be taken into trust for the Navajo
Nation, except for the trust allotments therein which have
already been taken into trust for the allotees.
2. The Navajo Tribe shall relinquish to the Hopi
Tribe a portion of Federal lands not to exceed 35,000 acres
(agreeable to the United States, the Navajo Nation, and Hopi
Tribe) and contiguous to the C.O. Bar Ranch from the Espil
Ranch in equal acreage to that portion of the C.O. Bar Ranch
that has been retained by the Navajo Nation as described
above.
3. The United States shall take into trust for the
Hopi Tribe the property described in (1) and (2) above. The
acreage described in paragraph (2) above shall not exceed
35,000 acres.
4. No lands shall be taken in trust by the United
States for either Tribe pursuant to this Agreement until
implementing legislation has been enacted.
B. The religious leaders of the Navajo Nation and the
Hopi Tribe shall meet to discuss the Sipapu. If they do not
reach an agreement within three months of Ratification of this
Agreement, the Hopi Tribe and the Navajo Nation shall enter
into negotiations regarding the status of land at the Sipapu.
C. The Navajo Tribe shall grant to the Hopi Tribe a
corridor to be taken in trust by the United States for the
Hopi Tribe linking the 1882 Hopi Reservation with the C.O. Bar
Ranch. The Navajo Nation shall draw the corridor line and
determine its dimensions.
D. Hart Ranch
The United States shall purchase the Hart Ranch and
transfer all of that ranch to the Hopi Tribe. In the event
that purchase cannot be made for $5 million, or less, or the
state lands cannot be acquired, the United States shall pay to
the Hopi Tribe $5 million if no other alternative can be
agreed upon.
E. The United States shall pay $15 million to the Hopi
Tribe.
F. The United States agrees to assist the Hopi Tribe in
managing the HPL land and the newly acquired lands.
G. Cliff Springs
The parties agree that members of both the Navajo and
Hopi Tribes shall be given free and unimpeded access to all
identified religious on all portions of either reservation.
The Navajo Nation agrees that the Hopi Tribal members who are
visiting the shrine at Cliff Springs would be able to gather
fir branches outside the two-mile radius established in 25
U.S.C. 640d-19 and that members of both the Hopi and Navajo
tribes be given free and unimpeded access to all identified
religious shrines on all portions of either reservation,
provided the Hopi Tribe meets with the local Navajo residents
near Cliff Springs prior to the initial visit and establishes
amicable relations with the Navajo residents prior to
gathering fir branches.
VII. UNITARY SETTLEMENT
The parties agree that each of the provisions of the
Agreement are interrelated and interdependent on the other
provisions of the Agreement. If an implementing agreement is
reached, the parties, and each of them, agree that they will
not offer or agree to anyone offering on their behalf any
additions or amendments to any legislation necessary to
effectuate this Agreement and that the amendment of any one
provision releases the parties from their agreements reflected
in the provisions of this Agreement.
In addition, the parties to this Agreement recognize that
it would not be a violation of this Agreement for the Navajo
Nation to seek independent of this Agreement, and outside of
any legislation implementing this Agreement, Congressional
authorization to have any of the Espil Ranch taken in trust
for the Navajo Nation. If the Navajo effort is successful, the
transfer into trust shall occur wholly outside the provisions
or scope of this Agreement. In any event, however, the Navajo
Nation agrees that it will continue to support legislative
approval of the terms of this Agreement regardless of whether
its efforts respecting the Espil Ranch are successful.
------------------------------- -------------------------------
Peterson Zah Vernon Masayesva
President, Navajo Nation Chairman, Hopi Tribe
------------------------------- -------------------------------
Lee Brooke Phillips Peter R. Steenland Jr.
Counsel, MANYBEADS Plaintiffs United States Department of
Justice
------------------------------- -------------------------------
Harry R. McCue Daniel L. Jackson
United States Magistrate Judge United States Department of the
Interior
October 30, 1992
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