Committee on Interior and Insular Affairs: Navaho-Hopi Dispute (1), 1973-1974

The Subcommittee on Indian Affairs has approved H.R. 11128, a bill concerning the Navajo-Hopi Joint-Use Area. The bill is scheduled for Full Committee consideration on Wednesday, June 28, 1972.

The Navajo Tribal Council is urging Congress to consider their proposal for a boundary commission, in light of the fact that H.R. 11128 will cause the displacement of up to 6,000 Navajo people with no guarantee of where they will relocate. The Council's proposal was not even considered by the subcommittee, and they are urging Congress to vote against the bill in its current form.

The Navajo-Hopi dispute is a centuries-old conflict over land ownership in northwestern New Mexico and northern Arizona. The Hopi tribe claims ownership of an area known as the Moencopi area, which is located within the boundaries of the Navajo reservation. The Navajo tribe argues that the Hopi have no claim to the Moencopi area because it was never formally allocated to them by the federal government. In 1958, a court ruled that the Hopi and Navajo have a joint, equal and undivided interest in the Moencopi area. However, the two tribes have been unable to agree on how to divide the land, and the Hopi have now obtained a court order to put them in possession of half of the Joint Use Area.

This bill authorizes the partition of the surface rights in the joint use area of the 1882 Executive Order Hopi Reservation and the surface and subsurface rights in the 1934 Navajo Reservation between the Hopi and Navajo Tribes, to provide for allotments to certain Painted Indians, and for other purposes.

The text contains a bill that would partition the surface rights of the 1882 Executive Order Reservation between the Hopi and Navajo Tribes. Section 2 of the bill would add 905,100 acres to the Hopi Reservation, while Section 3 would add 916,980 acres to the Navajo Reservation. Section 8 of the bill would require the removal of Navajo Indians and their livestock from the lands partitioned to the Hopi Tribe within 5 years. Section 9 of the bill would require the removal of Hopis from the lands partitioned to the Navajo Tribe within 2 years. Section 12 of the bill would authorize a lump sum appropriation of $20,000,000 to be used for the purchase of land, payment for improvements, relocation assistance, and moving expenses.

The Department of the Interior responds to two bills that would partition the surface rights of the 1882 Executive Order Hopi Reservation and the 1934 Navajo Reservation between the Hopi and Navajo Tribes. The Department recommends that no bill be enacted, as the Arizona District Court has ruled that the United States plan for giving the Hopis true joint use of the disputed area should be put into effect. If partition is the route Congress chooses, the Department recommends that it be done by giving jurisdiction to partition to the District Court in Arizona. The Department also suggests that the possibility of arbitration be considered, but states that it would prefer to let the court's present order prevail. Finally, the Department outlines several amendments that it believes would improve H.R. 7679.

The text contains a letter from Congressman Lloyd Meeds to John N. Camp, in which Meeds discusses the upcoming mark-up of the Navajo-Hopi legislation. Meeds notes that the issue is extremely complicated and emotional, and that any decision made will be subject to criticism. He asks for Camp's support and cooperation in resolving the matter.

George P. Vlassis, General Counsel for the Navajo Tribe, expresses his appreciation for the time and consideration given to the presentation of the Navajo position at the hearings on H.R. 11128 (the Steiger bill). He states that all the witnesses who appeared on behalf of the Navajo Tribe feel the same way.

The Committee on Interior and Insular Affairs will be meeting from June 19-23 to discuss various pieces of legislation. On Monday, they will be discussing a bill to establish the Upper Mississippi River National Recreation Area. Tuesday's meeting will focus on a bill to authorize the partition of surface rights of the Hopi and Navajo Indian Tribes. Wednesday's meeting will be devoted to a mark-up of surface mining legislation. Thursday's meeting will focus on a bill to construct irrigation distribution systems. Friday's meeting will be devoted to any other business that is ready for consideration.

The Subcommittee on Indian Affairs is considering three bills that would affect Native American tribes in Oregon and Arizona. H.R. 12114 would declare title to certain Federal lands in Oregon to be in the United States in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon. H.R. 11128 would authorize the partition of the surface rights in the joint use area of the 1882 Executive Order Hopi Reservation and the surface and subsurface rights in the 1934 Navajo Reservation between the Hopi and Navajo Tribes, and would provide for allotments of such rights to Paiute Indians living on said land. H.R. 4753 and H.R. 4754 would both authorize the partition of the surface rights of the Hopi and Navajo Indian Tribes in undivided trust lands.

The Navajo Tribe of Indians is opposed to the position of Senator Barry Goldwater relative to the Navajo-Hopi Land Dispute, as expressed during the hearings before the House Interior Subcommittee on Indian Affairs on May 14 and 15, 1973. The Navajo Tribe believes that Goldwater's position is unfair and unjust, and would have severe economic and social impacts on the lives of Navajo families and individuals situated both inside and outside the 1882 Executive Order Area. The Navajo Tribe further believes that Goldwater's position is incorrect in that the Navajo families and individuals now living in the disputed area of the 1882 Executive Order reservation were authorized to occupy the subject disputed lands for grazing and residential purposes, by appropriate officials of the Department of the Interior.

This bill would confirm that the United States holds certain mineral interests in trust for the Chippewa Cree Tribe of Rocky Boy's Reservation in Montana. It would also provide that existing leases for these minerals would remain in force, subject to payment of future rentals and royalties to the Tribe.

The text describes a bill that would partition the surface rights of the Hopi and Navajo Indian Tribes in undivided trust lands. The bill would add the partitioned lands to the reservations of each tribe.

The purpose of the bill is to assist the Navajo Tribe of Indians in providing education to the members of the tribe through a community college, known as the Navajo Community College. The bill authorizes grants to be made to the Navajo Tribe of Indians to assist the tribe in the construction, maintenance, and operation of the Navajo Community College. The bill authorizes appropriations for the purpose of making grants under the bill.

The text contains resolutions from various groups opposing the Steiger Bill, which would partition the 1882 Executive Order Area between the Hopi and Navajo Tribes of Indians. The groups argue that this would cause unnecessary hardship for the Navajo families living in the area, who have lived there for many generations. They urge the President and Congress to consider other measures that would be more beneficial and fair to both Tribes.

This bill would delete a provision in the 1968 Spokane Act that prohibits the purchase of nontrusted lands by the Spokane Tribe, in order to place the tribe on the same footing as other tribes in Washington and Oregon.

The text contains hearings held in Washington, D.C. in April of 1972 regarding three bills concerning the partition of the surface rights in the joint area of the 1882 Executive Order Hopi Reservation and the surface and subsurface rights in the 1934 Navajo Reservation between the Hopi and Navajo tribes, to provide for allotments to certain Paiute Indians, and for other purposes. The Department of the Interior's report is included, as well as statements from various individuals, letters, telegrams, and additional information supplied by witnesses.