21

constitute the only compensation anticipated by the parties.

We recommend against inclusion at this time of legislative
language that relieves the Federal Government of any further
obligations. The Office of Navajo and Hopi Indian
Relocation continues to have obligations to Navajo families
that already have moved from the Hopi Partitioned Lands but
have not yet received their benefits. This settlement
addresses the land dispute problem. The Senate Committee on
Indian Affairs has indicated that a separate subsequent
hearing process will address issues relating to relocation
benefits for Navajo who have already moved from the Hopi
Partitioned Lands. We would not favor merging of that
separate and fact intensive issue with the land dispute
issues in these settlement agreements.

We very much appreciate your sustained support of efforts to reach a consensual resolution of this problem. This has been a long and difficult process and we have learned a great deal since our first effort at settlement in late 1992. That proposed settlement, which would have required broad Congressional legislation, has been revised in response to many objections that were voiced in 1992 and 1993. We look forward to working with you on this issue.

The Office of Management and Budget has advised this Department that it has no objection to the presentation of these responses from the standpoint of the Administration's program.

Please do not hesitate to contact us if we may be of additional assistance.

CC:

Sincerely,

Ann M. Habend

Andrew Fois A
Assistant Attorn
rney General

The Honorable Daniel K. Inouye
Ranking Minority Member

The Honorable Jon L. Kyl

Good morning, Chairman McCain, members of the Select Committee, and distinguished guests. It gives me great pleasure to appear before you today to testify on behalf of the Hopi Tribe in support of the Accommodation Agreement we have reached with the Navajo families and in support of the Settlement Agreement we have reached with the United States.

We have been working to resolve the land dispute involving our 1882 Reservation for a long time. As you well know, since 1958, when Congress authorized the tribes to file quiet title actions against each other, there have been numerous lawsuits, as well as several legislative attempts, to bring what has been called the "greatest land title problems in the West" to a close. In the end, what made it happen was the the parties sitting down and talking with each other.

We have been involved in court-ordered mediation for almost five years. During that time the Hopi Tribe has bent over backwards to meet the concerns of the Navajo families and to assure them that, if they abide by Hopi law, they can remain and coexist. We have had more than twenty-five day-long meetings on the HPL in the hogans and community centers of the various families. We have listened to their issues, discussed them, and responded with an historic offer, which is being held open through the end of 1996.

In the Accommodation Agreement, the Tribe has offered each of the eligible Navajo families a chance to remain on the HPL for 75 years, with a three-acre homesite, up to ten acres of farming, a portion of 2800 sheep units of grazing, and continued nonexclusive use of the HPL. In addition, we have said we will seek to eliminate the two greatest sources of friction on the HPL -- the new construction orders, which freeze housing construction, and the limited grazing. In exchange, we have asked that the families respect Hopi law.

Based on the exchange of letters between the families and the Tribe last fall, we now have an agreement among us. The only obstacle to entering that agreement is the limitation in 25 U.S.C.§ 415, which prevents the Hopi Tribe from leasing land for more than two 25-year pcriods. We have previously submitted language that would amend this section to allow for a 75-year lease and would hope that the Committee can give the language prompt consideration. We already have a number of families that would like to enter into our agreement now, and we would like to accommodate them. Moreover, the more time that the rest of the families have before the end of the year to consider whether they, too, will want to take advantage of the Hopi Tribe's offer, the better.

Before turning to the Settlement Agreement with the United States, I would like to make two comments about the Office of Relocation. First, under our agreement with the families and the United States, even after the families sign an Accommodation Agreement, they would still have three years to change their minds and relocate. In addition, the United States has agreed that it will relocate within three years anyone who does not sign an agreement. Therefore, it is important that the Office be given continued funding through the beginning of the year 2000, but no further than December, 2000, so that it can accomplish these tasks. We would ask, though, that you monitor the Office's progress on an annual basis to ensure that they complete these tasks on time.

Second, the Tribe feels that if there are a number of Navajos currently on the HPL

who want to relocate but who have not received benefits by the Office of Relocation, they should be given the benefits.

With regard to the settlement with the United States, the Hopi Tribe believes that it is fair settlement of the outstanding court cases between the two governments. From the Hopi Tribe's perspective, the Tribe has experienced and witnessed the deterioration of its 1882 Reservation at the hands of the United States and the Navajo Nation and further witnessed the Navajo Nation receiving additional lands as compensation for relocation. At the same time, the promise to give the Tribe free and clear use of the land that has been left to them has not been fulfilled. This settlement allows the Tribe to recover some of its aboriginal land and to gain some monies from the injustices that Hopi people have endured for years. From the United States' perspective, the Hopi Tribe is taking over responsibility for the land dispute and the federal government is avoiding millions of dollars in potential liability. This settlement now allows the Tribe and the United States to work together, rather than fight, for the betterment of the Hopi people.

The Hopi Tribe would like to thank you for allowing the mediation to proceed uninterrupted and for allowing the parties to come to the resolution that is before you today. It is my belief that we can and will learn how to live together, respecting each other and helping each other.

For too long the Tribe has had to fight to protect its rights on the land dispute issues. This resolution, which is acceptable to all of the parties and embraced by them, will allow all of us to turn to other issues that have been neglected and to focus on the future rather than the past.

I appreciate the opportunity to speak to you today and would be happy to answer any questions you might have.