And now:Ish <[EMAIL PROTECTED]> writes: From: [EMAIL PROTECTED] Message-ID: <[EMAIL PROTECTED]> Date: Sat, 15 May 1999 00:06:44 EDT Subject: Exclusion" of Dineh HPL resister article in the Navajo Times Dear Big Mountain Supporters, The article entitled "Hopi Tribe proposes “exclusion” of Dineh HPL resident" appeared in this weeks Navajo Times. It is important that the activities of the Hopi Tribe be exposed. The Hopi Tribe is using this Notice of Proposed Order of Exclusion" as a test case, clearly demonstrating what they have in mind for Dineh Hopi Parition Land (HPL) residents. The term "exclusion order" was the legal euphemism representing the reality of "evacuation" and incarceration, or internment, in concentration camps of the Japanese during WWII, a program overseen by Dillon Myer, who went from there to head up the BIA after WWII. The Director of the Hopi Lands Office has stated previously that any evictions of non-signers of the Accommodation Agreement is supposed to be in the hands of the federal government until February 1, 2000. So what will the US government do about this? The commonality of the programs and personnel, from the Navajo Long March in the 1860's - to the Japanese internment camps - to the post-WWII BIA clearly demonstrates the continuing history of violations perpetuated against the Dineh and all Indigenous peoples. We will keep you informed about what develops. Please keep the pressure up. Please call: Senator John McCain Link to McCain's address page: http://www.senate.gov/~mccain/arizona.htm (for mail, address, email, etc..) phone: (202) 224-2235 fax: (202) 228-2862 Senator Ben Nighthorse Campbell (202) 224-5852 A complete list of phone, fax, e-mail numbers and addresses for senators is available on the web at: www.senate.gov And please call: Wayne Taylor, Jr. Chairman of the Hopi Tribe (520) 734-3000 Thank you, Marsha Monestersky Consultant to Sovereign Dineh Nation Phone: (520) 673-3461 E-mail: [EMAIL PROTECTED] Web site: http://www.theofficenet.com/~redorman/welcome.html and www.solcommunications.com ------------------------------------------------------------------------------ ------------------------------------------ Navajo Times Thursday, May 13, 1999 Hopi Tribe proposes “exclusion” of Dineh HPL resident By Wendy R. Young Navajo Times Correspondent FLAGSTAFF - After observing the course of events that have taken place, it appears that the main reason that so many Dineh Hopi Partition Land residents entered into Accommodation Agreement leases with the Hopi Tribe, is the legal angle - if they did not sign, they would be evicted. Former Hopi Tribal Chairman Ferrell Secakuku had additional selling points related to basic living needs before the AA deadline of March 31, 1997. Among them were higher livestock permit numbers, and lifting the decades-old construction freeze. At a public meeting held March 29, 1997, former Navajo Nation President Albert Hale is reported as reminding Secakuku that the Hopi Chairman had verbally guaranteed there would be no evictions of AA signers or non-signers until after the 3-year trial period for the AA which would end February 1, 2000. At this time, the Hopi Tribe has stepped into a gray area on their verbal promises and is further jeopardizing their “good neighbor” intentions with Dineh HPL residents. The Hopi Tribe appears to be preparing their legal system for “exclusion”, or eviction, of Dineh HPL residents and has already commenced with a test case. Dated April 27, 1999, a Notice of Proposed Order of Exclusion signed by Hopi Chairman Wayne Taylor, Jr., was sent to an elderly Dineh man whose traditional use area is cut through by the HPL fenceline. According to friends of the family, the family residents on the Navajo Partition Land but their hogan is located and animals graze on the Hopi side of the fence. No one from the Hopi Tribe was available for comment. The notice specifically alleges that the resident has, “...engaged in authorized placement and/or construction of dwelling and associated structures on the Hopi Reservation,” and, “...allowed the presence and grazing of unauthorized cattle/animals on the Hopi Reservation.” Most Dineh HPL residents - signers, and non-signers - could be considered “guilty” of these basic living needs and situations which have been disputed with the Hopi Tribe by Dineh HPL residents since Congress passed the Relocation Act in 1974. These are the only two activities cited on the document. The Exclusion Notice says that these activities are in violation of Hopi Tribal Ordinance 46, other Hopi Tribal or village ordinances, and United States law. The notice states that the Hopi Tribe intends to “exclude and remove” him, and also that the individual’s, “...presence on the Reservation may be harmful to members of the Tribe.” Earlier this year, Office of Hopi Lands Director Clayton Honyumptewa told the Navajo Times in regards to evictions of AA non-signers that, “...it’s in the hands of the federal government until February 1 of 2000.” He continued that after that end of the AA’s 3-year trial period, those non-signer families, if still residing on the Dineh HPL, would be subject to Hopi law. He assumed that the Hopi Tribe would bring those families into the Hopi Court system for eviction, under violation of either the Hopi Civil Trespass Ordinance or the Hopi Exclusion Ordinance. The notice in question has begun that process in a way where the elderly Dineh HPL land-user will be banned from the HPL but not evicted since his summer camp is on the other side of the fence. As of Wednesday afternoon, Navajo Hopi Land Commission Director Roman Bitsuie said he was unaware of the notice but would be looking into it. Navajo Nation President Kelsey Begaye’s Press Officer Tina James said that Begaye’s office was also inquiring for more information in order to establish a position and to possibly take action. In response to 90-day notices to vacate which the federal Office of Navajo and Hopi Indian Relocation was to distribute to AA non-signers back in early January, then President-Elect Begaye pledged support for those facing eviction and he called for a meeting with Chairman Taylor. Begaye stated, “I hope Chairman Taylor and I can find a way to let these Navajo families stay where they are.” The current Notice of Proposed Order of Exclusion advises the Dineh HPL residents that he has the right to submit a written response no later than 15 days after receiving the notice or else a decision and order may be entered. His letter may also request a hearing, which would possibly take place in the Hopi Court. Dispute resolution was an issue to be further negotiated during the AA’s 3-year trial, but which was never formally resolved. ONHIR and the U.S. Department of Justice are currently responsible for having AA non-signer homesites removed from the Dineh HPL before the end of the 3-year trial, but bureaucratic operations are holding up the process. AA signers and non-signers will lose the option of federal relocation benefits when they expire on February 1, 2000. Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&