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Additional statements and correspondence were also received from-Contin-
ued
Committee on Interior and Insular Affairs-Continued
2. Letter from Hon. John McCain, Chairman, Republican Task Force

on Indian Affairs, to Hon. Ross Swimmer, Assistant Secretary for
Indian Affairs, dated June 3, 1986, submitting a list of followup

questions to be responded to in writing...
U.S. Department of the Interior: Letter from Assistant Secretary Ross

Swimmer to Chairman Udall, dated June 26, 1986, enclosing responses

to followup questions in your letter of June 3, 1986.. Letter from Sandra Massetto, to Chairman Udall, dated May 14, 1986,

expressing support for H.R. 4281. Hon. Dan Glickman, a U.S Representative from the State of Kansas:

Letter to Chairman Udall, dated June 6, 1986, expressing concern regarding Public Law 93-531 Hon. Stephen L. Neal, a U.S. Representative from the State of North

Carolina: Newspaper article from the Unitarian Universalist World

entitled “Native American Seeks To Halt Relocation”, Navajo Tribal Council:

1. Supplemental testimony of Peterson Zah, chairman.
2. Exhibit A: Comparison of BIA, Relocation Commission and Navajo

Nation Estimates.
3. Exhibit B: Response of the Navajo Nation to constitutional issues

presented in the statement of Hon. Ross Swimmer.
4. Exhibit C: Report from CRS to Hon. Barry Goldwater, a U.S.

Senator from Arizona, regarding the exchange of land between

Hopi and Navajo tribes...
5. Exhibit D: Federal costs_for settlement of Navajo/Hopi land dis-

putes as authorized by Public Law 93-531....
6. Exhibit E: Report entitled “A Brief History of the Adjudication

and Settlement of Hopi Aboriginal Land Claims"

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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)

I

99TH CONGRESS

2D SESSION

H. R. 4281

To provide for the exchange of certain lands between the Hopi and Navajo Indian

Tribes, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 27, 1986 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 and Navajo Indian Tribes, and for other purposes.

.

1

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 Ex

4 change Act of 1986".

5

SEC. 2. For the purpose of this Act, the term

6

(1) “Commission" means the Navajo and Hopi

7

Indian Relocation Commission established pursuant to

8

section 12 of the 1974 Act;

9

(2) “1974 Act” means the Act of December 22, 1974 (88 Stat. 1712), as amended by the Navajo and

10

2

1

Hopi Indian Relocation Amendments Act of 1980 (94

2

Stat. 929);

3

(3) "1934 Act” means the Act of June 14, 1934

5

(4) “Navajo resolution” shall mean the resolution

6

of the Navajo tribal council required by section 3 of

8

(5) "Secretary” shall mean the Secretary of the

10

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 extin

13 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, 22

(1) the lands to be transferred to the Hopi Tribe 23 pursuant to section 5 of this Act is a fair and equitable 24 settlement of any interest the Hopi Tribe may have in

HR 4281 IHIS

3

1

the Navajo Indian Reservation by virtue of the 1934

2

Act;

3

(2) their legal or beneficial interests in the lands

4

transferred to the Hopi Tribe pursuant to section 6 of

5

this Act shall be extinguished and that such lands shall

6

thereafter be held by the United States in trust for the

8

(3) the Hopi Tribe shall be entitled to a portion of

9

their revenue derived from coal or other mineral re

10

sources as provided in sections 7 and 8 of this Act;

11

(4) any claims they may have against the Hopi Tribe shall be extinguished as provided in section 9 of

14

(5) the economic and social value of the lands to

15

be transferred to the Navajo Tribe pursuant to section

16

4 of this Act and the extinguishment of Hopi claims against the Navajo Tribe as provided in section 9 rep

(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 IHIS