Page Additional statements and correspondence were also received from-Contin- Committee on Interior and Insular Affairs-Continued 2. Letter from Hon. John McCain, Chairman, Republican Task Force U.S. Department of the Interior: Letter from Assistant Secretary Ross Hon. Dan Glickman, a US Representative from the State of Kansas: Hon. Stephen L. Neal, a U.S. Representative from the State of North 1. Supplemental testimony of Peterson Zah, chairman. 234 236 241 243 244 247 2. Exhibit A: Comparison of BIA, Relocation Commission and Navajo 255 3. Exhibit B: Response of the Navajo Nation to constitutional issues 259 4. Exhibit C: Report from CRS to Hon. Barry Goldwater, a U.S. 267 5. Exhibit D: Federal costs for settlement of Navajo/Hopi land dis- 281 6. Exhibit E: Report entitled "A Brief History of the Adjudication 288 TO PROVIDE FOR THE EXCHANGE OF CERTAIN LANDS BETWEEN THE HOPI AND NAVAJO INDIAN TRIBES THURSDAY, MAY 8, 1986 HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, DC. The committee met, pursuant to call, at 9:50 a.m., in room 2154, Rayburn House Office Building, Hon. Morris K. Udall (chairman of the committee) presiding. The CHAIRMAN. The Committee on Interior and Insular Affairs will be in session. Without objection, a copy of the bill, H.R. 4281, background, and section-by-section analysis will be made a part of the record at this point. [The bill, H.R. 4281; background information; and a section-bysection analysis follow:] (1) To provide for the exchange of certain lands between the Hopi and Navajo Indian Tribes, and for other purposes. I IN THE HOUSE OF REPRESENTATIVES Mr. UDALL (for himself and Mr. MCCAIN) introduced the following bill; which was referred to the Committee on Interior and Insular Affairs A BILL To provide for the exchange of certain lands between the Hopi 1 and Navajo Indian Tribes, and for other purposes. Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Navajo-Hopi Land Ex4 change Act of 1986". 5 6 7 8 9 10 SEC. 2. For the purpose of this Act, the term— (1) "Commission" means the Navajo and Hopi Indian Relocation Commission established pursuant to section 12 of the 1974 Act; (2) "1974 Act" means the Act of December 22, 1974 (88 Stat. 1712), as amended by the Navajo and 2 1 2 3 4 5 6 7 8 9 10 Hopi Indian Relocation Amendments Act of 1980 (94 (3) "1934 Act" means the Act of June 14, 1934 (48 Stat. 960); (4) "Navajo resolution" shall mean the resolution of the Navajo tribal council required by section 3 of this Act; and (5) "Secretary" shall mean the Secretary of the Interior. SEC. 3. (a) In consideration of the transfer of the benefi 11 cial interest of the Hopi Tribe in and to the surface estate of 12 the lands described in section 4 of this Act and the extin13 guishment of the claims of the Hopi Tribe against the Navajo 14 Tribe as provided in section 9 of this Act, the Navajo Tribe 15 shall, by appropriate action of its governing body, adopt a 16 resolution conforming to the provisions of this section and 17 shall transmit such resolution to the Secretary. 18 (b) The resolution adopted by the Navajo Tribe pursuant 19 to this section shall represent the consent of the Navajo Tribe 20 to the provisions of this Act and shall specifically set forth 21 the agreement of the Navajo Tribe that (1) the lands to be transferred to the Hopi Tribe pursuant to section 5 of this Act is a fair and equitable settlement of any interest the Hopi Tribe may have in HR 4281 IH1S " 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 the Navajo Indian Reservation by virtue of the 1934 Act; (2) their legal or beneficial interests in the lands transferred to the Hopi Tribe pursuant to section 6 of this Act shall be extinguished and that such lands shall thereafter be held by the United States in trust for the benefit of the Hopi Tribe; (3) the Hopi Tribe shall be entitled to a portion of their revenue derived from coal or other mineral resources as provided in sections 7 and 8 of this Act; (4) any claims they may have against the Hopi Tribe shall be extinguished as provided in section 9 of this Act; and (5) the economic and social value of the lands to be transferred to the Navajo Tribe pursuant to section 4 of this Act and the extinguishment of Hopi claims against the Navajo Tribe as provided in section 9 represents fair and equitable compensation for the transfer of Navajo lands and revenue interests to the Hopi Tribes. 21 (c) The Secretary shall review the Navajo resolution to 22 determine if it is in conformance with this section and is a 23 legal action of the Navajo Tribe. Upon such determination, 24 he shall publish the resolution in the Federal Register and, HR 4281 IH1S |