The CHAIRMAN. Are you confident that the Navajo Nation will continue to pay the annual rental payments for the full term of 75 years?

Mr. ATTAKAI. Yes; since the Navajo Tribe has sort of made a commitment, but we'd rather see like the attorney general stated before that since the dispute and also this agreement has been created from the court and also from the Congress, we're asking that the U.S. Congress from this year would at least help us out on that one, not only the Navajo Tribe to pay all of it.

The CHAIRMAN. When you talk to the families, are they concerned about the 75-year lease instead of a guarantee of permanent residency for them and their families?

Mr. ATTAKAI. Yes; we've talked about that also and a lot of the families say that what will happen after the 75 years if this lease is ended. Then it is just like putting a hole or just putting on a brick for the next 75 years, but we'd rather see that the solution would be permanent as to whether we could remain where our Creator has placed us to be.

The CHAIRMAN. Do you want to add anything, Mr. Phillips?
Mr. PHILLIPS. Thank you, Mr. Chairman.

Just briefly, I have some numbers for the committee that might be helpful.

The CHAIRMAN. Good.

Mr. PHILLIPS. There is always a dispute as to numbers, first of all. In 1992, all of the parties agreed to numbers and we have recently updated those numbers. I'd like to just give that information to you.

In 1992, we agreed among the parties in mediation that we were dealing with 112 home sites which means not families but extended families, 112 locations basically; 253 full-time families; and approximately 300 extended family members who were living there part-time, away temporarily for military service, school, or work, that type of thing.

Currently, the Navajo Nation staff that I'm working with has done a recent enumeration. We estimate now the 112 home sites to be 80 home sites which are currently occupied; 253 full-time families-we now have a figure for 1996 of 155 full-time families; the 300 extended family members, primarily children of the fulltime residents that was approximately 300, we currently estimate that to be between 180 and 200. So we are dealing now, we think, with a total number of families full-time and children of 350 approximately.

The CHAIRMAN. How many people are categorized as full-time residents? On an average, how many members are there in that? Mr. PHILLIPS. On the full-time residents, we have a current enumeration of 356 full-time individuals. That would be 155 families made up of 356 individuals; 180 to 200 children or extended families made up of approximately 576 individuals. So we estimate we have about 950 people totally we're dealing with right now. We anticipate if the vote was taken today, approximately 50 percent would sign the Accommodation Agreement. We anticipate that if the talks continue, if the final details are worked out, and if the families see that the Hopi Tribe and the United States will do what

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they have pledged to do, I anticipate that we would have approximately 80 percent of those families sign by the end of the year.

If you're looking at 155 full-time families, if you're looking at right now half of them signing, half of them not signing, you're looking at 77 or 78 families who would not sign. If we reach the 80 percent figure, then we're looking at approximately 115 that would sign and approximately 35 to 40 families that would not sign.

The CHAIRMAN. Thank you. Those numbers are very helpful.
Chris, does your information coincide with those numbers?

Mr. BAVASI. Senator, we have no reason to dispute those. However, we have, in the spirit of cooperation, resisted going out and actually doing enumeration which we are prepared to do when Lee tells us that he has done all of his work. We have no reason to dispute those numbers; we have 85 of those families on our rolls as certified eligible.

The CHAIRMAN. From what you know of the agreement, does your 5-year closeout plan dovetail with this agreement?

Mr. BAVASI. Yes; it does, Senator.

The CHAIRMAN. It does. Good.

Ms. Tso, I think it would be appropriate if we close this hearing if you had any additional words for us.

Mr. BITSUIE. [Translation into Native tongue.]

Ms. Tso. [Remarks given in Native tongue.]

Mr. BITSUIE. I'd like to thank you for giving me another opportunity to say a few more words. I did want to address this issue but I didn't address it, so I'm going to talk about this.

Sometime ago there was a ceremonial hogan that we had constructed on the land that we live on. Apparently there is a law that says that structure was illegally constructed and it was because it was at this mediation process that we had to dismantle that sacred ceremonial hogan.

My son and my daughter-in-law who had resided in this hogan have assisted me in my daily work and have taken care of me. It was because of the dismantling of the structure, the way I look at it, it was because of that that both of them, my son and my daughter-in-law, passed on. This is the type of impact we personally are experiencing. There are threats, there are certain harassments that go on and we want to avoid that type of treatment of humans on the land I live on.

I want my way of life to be protected and recognized. You, the committee here, are good leaders and you look ahead. When you make laws, please don't make laws that impacts on the human lives, especially the Native American.

The Hopi Tribe doesn't know our sacred sites and we have told them on numerous occasions, but we, the Navajo people on the land, do know where those sites are and we know how to treat them. There is some fencing that is going up in those areas. At one site, the sacred sites, even though very visible, there was a steel post put in right in the middle of it. It's these types of things that we don't appreciate, so I hope that my statement is recognized. Thank you.

The CHAIRMAN. Thank you very much.

We'll adjourn this hearing. Thank you all for being here.

APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF ROGER ATTAKAI, PRESIDENT, NAVAJO FAMILIES' MEDIATION TEAM

Good Morning, Mr. Chairman and Members of the Senate Committee on Indian Affairs. My name is Roger Attakai, and I am the President of the Navajo Families' Mediation Team, known as Dine Dahyikah Ada Yaltii' Committee, or Voice of the Navajo Families. Our mediation team is made up of twenty-one [21] Navajo family representatives from the various Navajo communities on the Hopi Partitioned Lands [HPL]. Over the last 12 our mediation team has attempted to negotiate a comprehensive settlement agreement between the Navajo Families living on the HPL, the Hopi Tribe, the Navajo Nation, and the United States Government. This settlement agreement is called the Accommodation Agreement and will allow the Navajo Families to remain on the HPL for at least the next seventy-five [75] years. I am here today on behalf of the Navajo Families living on HPL to give testimony on the Navajo-Hopi Land Dispute issues and, in particular, the Manybeads mediation and the Accommodation Agreement, which we have recently worked out.

I am 54 years old. I have lived my entire life on land in the Teestoh area. My family and I live on the Hopi Partitioned Lands [HPL] near a very sacred place known as Star Mountain. My family has lived on the land for more than 80 years. This land is the only home my family and I have ever known.

In 1974, this Congress passed Public Law 93-531. That law says that my family and I are suppose to pack up and move away from our ancestral home. I am not a lawless person, but I cannot agree to comply with the 1974 law and leave my homeland. I was placed on this land by The Creator. The Creator has given me and my people specific instructions about how and where we are to live. The Creator has also given us many sacred places which we must respect and protect. My life, my homeland, and my religion are all one. These things cannot be separated.

In 1988, several of us on the HPL filed the Manybeads v. United States lawsuit. This lawsuit says that the 1974 law is illegal and unconstitutional because the 1974 law forces us to violate our religious beliefs and would destroy us if we would agree to relocate. The Federal District Court in Phoenix threw out our lawsuit in 1990. The judge ruled that the Federal Government could force us to relocate even if it killed us and prevented us from practicing our religion. I do not understand how that could be the law in this country, which was founded on the right to be free and to freely exercise your religion without government interference.

In 1991, we appealed the Many beads lawsuit to the Court of Appeals in San Francisco, CA. At that time, the Court of Appeals ordered the Federal Government to enter into mediation with us, the Navajo Families. The Court also invited the Navajo Nation and Hopi Tribe to participate in the mediation. From 1991, until now, we have been trying to reach an accommodation agreement which would allow us to remain on our sacred lands. The purpose of the mediation was for the Federal Government to work with us to find a settlement that would recognize and protect our religion and would allow us to stay on the land. Over the last 5 years, the Dine' residents have participated in the mediation in good faith. We have made many, (33)