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

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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.
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                     Unenh onhwa' Awayaton
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