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still on Hopi Partitioned lands. All Hopis have already been relocated out of the Navajo Partitioned lands). However in the 1986 Interior Appropriation Act, Congress provided that "None of the funds contained in this or any other Act may be used to evict any Navajo Household who, as of November 30, 1985, is physically domiciled on the lands partitioned to the Hopi Tribe until such time as a new or replacement home is available for such household." The above language has been a source of confusion among the people affected by relocation. The language does not extend the

July 7, 1986 deadline since it does not prevent the Hopis from using their own funds to evict Navajos from the HPL. In addition, the use of Federal funds is only prohibited in cases of eviction. of Navajo families which have not been offerred a new or replacement home.

5) Amount of families affected by relocation.

It has been estimated that a total of 10,000 people are subject to relocation under P.L.93-531. Of these, only about 30 families, consisting of about 100 persons, are Hopi families, the rest being Navajo families. of about 2400 Navajo families which have been found to be eligible for relocation benefits, about 900, consisting of about 4000 persons have been relocated while 1100 families (about 4500 persons) have moved away from the HPL but have yet to receive their relocation benefits.

While

The actual number of Navajo families still residing on the HPL has been the subject of sharp disagreement and controversy. the BIA estimates that the number is as low as 230 families, the Navajo Tribe estimates that there are still over 1000 families still residing in the HPL. Recent Committee inquiries indicates

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that there are probably around 350 Navajo families still on the HPL
(1500 persons). Of these, about 100 families have refused to sign
up for relocation benefits or cooperate in the relocation effort.
6) Cost of the Relocation.

Although P.L.93-531 originally only authorized about $50 million for the purpose of relocating families from the Joint Use Area, to date, including funds appropriated for FY 1986, there has been appropriated a total of $135 million.

In 1985, the Commission testified that it would take another seven years at a cost of $350 million to complete the relocation task. However in its February 1986 Report to the Congress, the Commission revised this estimate and is now estimating that the task of relocating the 1700 families which are eligible but have not yet received their relocation benefits could be done by 1993 at a total cost of about $225 million. This brings the total cost of relocation to about $360 million which amounts to about $150,000 per family since there are about 2400 families affected by relocation. (It is not suggested however that each family in fact will have received $150,000 worth of relocation berefits).

7) The 1980 amendments to P.L.93-531.

In 1980, Congress enacted P.L.96-305.

This Act amended

P.L. 93-531 in several respect but the major amendment was that while P.L.93-531 allowed the Navajo Tribe to pay the United States for the acquisition of up to 250,000 acres of new lards to be added to the Navajo reservation for the purpose of relocation, the 1980 amendment provided for these 250,000 acres to be given to the Tribe by the United States free of charge. In addition another

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150,000 acres could be added to the reservation if purchased by the Navajo tribe. Presently, all the land transfers and acquisitions provided under the 1980 Act are about completed. This brings to 400,000 acres the amount of new lands added to the Navajo reservation for the purpose of relocation. Under H.R. 4281, the 350,000 acres which the Navajos would have to give to the Hopis would come from the lands they acquired in Arizona under the 1980 amendments to P.L.93-531.

8) The 1934 Moercopi dispute.

P.L.93-531 also authorized the two tribes to litigate their respective rights in the so-called 1934 reservation.

Pursuant to

this authorization, the Hopi Tribe has filed a law suit claiming title to over seven million acres within the 1934 Navajo reservation. Although the matter is still in litigation, a Federal court recently held that the rights of the Hopis will be limited to areas which were actually used and occupied by the Hopis in 1934.

Although it is hard to guess as to the exact amount of acreage that the Hopis would get if the case is allowed to proceed to final adjudication, it is almost certain that any final adjudication of the dispute will result in additional Navajo families having to be relocated from their ancestral homes.

H.R. 4281 proposes to settle this dispute as part of a comprehensive solution to all the disputes facing the two tribes. The bill proposes to transfer from the Navajo tribe to the Hopi tribe about 79,000 acres located within the 1934 reservation.. land comprising these 79,000 acres was selected so as to minimize ary further need for relocation.

The

SECTION BY SECTION ANALYSIS:

NAVAJO-HOPI BILL

Section 1

This section cites this Act as the "Navajo-Hopi Land Exchange

Act of 1986".

bill.

Section 2

This section defines certain terms for the purpose of this

Section 3

This section provides that in consideration for the lands transferred to the Navajo Tribe from the Hopi Tribe in section 4 and the extinguishment of certain Hopi claims against the Navajo tribe as provided in section 9, the Navajo tribe shall adopt a tribal resolution confirming the consent of the Navajo tribe to the provisions of this Act. This resolution shall be delivered to the Secretary of the Interior who shall publish such resolution in the Federal register.

The section also provides that the authorities established by this Act shall lapse if the Navajo resolution is not adopted and delivered by the Tribe within ninety days after the date of the enactment of this Act.

Section 4

(Transfer to Navajo Tribe of 357,000 acres of HPL)

Subsection (a) provides that effective upon publication of the Navajo resolution, all beneficial interests of the Hopi Tribe to lands described in subsection (c) shall be transferred to the United States to be held in trust for the benefit of the Navajo tribe.

Subsection (b) is the technical description of the land being transferred to the Navajo tribe under subsection (a). These lands,

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located in the current Hopi Partitioned lands (HPL) consists of approximately 357,000 acres.

Subsection (c) states that the land transferred under this section are more particularly depicted and described on a map located in the Office of the Assistant Secretary of the Interior

for Indian Affairs.

Section 5

(Transfer to Hopi of 80,000 acres within Moencopi)

Subsection (a) provides that effective with the publication of the Navajo resolution, all the lands described in subsection (c) belonging to the Navajo Tribe shall be transferred in trust to the United States for the benefit of the Hopi Tribe.

Subsection (b) is a technical description of the lands transferred by subsection (a). These lands which are located in the so-called Moencopi disputed area consists of approximately 80,000 acres.

Subsection (c) states that the land transferred in subsection (a) are more particularly depicted and described or a map located in the Office of the Assistant Secretary of the Interior for Indiar. Affairs.

Subsection (d) provides that the lands transferred to the Hopi Tribe in this section shall be in full satisfaction of any interest the Hopi Tribe may have in the Navajo reservation deriving from the 1934 Act. (This in effect settle the so-called Moencopi law suit between the Hopi and Navajo Tribe. It is not meant to affect any rights the San Juan Paiute Indians may have in this area. The Paiutes have intervened in the case asserting some property rights in the area.)