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APRIL 5, 2001

The Hopi Tribe on Wednesday said the eviction of Navajo families who have refused to sign an agreement to remain on Hopi land could come soon.

The Supreme Court on Monday declined to hear an an appeal brought by Navajo residents of what is known as Hopi Partitioned Land (HPL). In response, Cedric Kuwaninvaya, chairman of the tribe's land team, said the action "makes imminent the eviction of Navajo individuals on the HPL without a lease agreement with the Hopi Tribe."

Whether or not the tribe or the US Attorneys Office in Arizona ends up acting on Kuwaninvaya's words is another subject. Although the families have been given various deadlines to move off the land, the federal government hasn't yet asked for a formal eviction order for those who won't sign 75-year leases with the Hopi Tribe.

But for now, the tribe is welcoming the Supreme Court's decision as a win for tribal sovereignty. In turning down the case, the Court let stand an appeals court decision which ruled the case could not proceed without the involvement of the Hopi Tribe.

The tribe has sovereign immunity from lawsuits.

"This is an historic and hopefully healing day for the Hopi Tribe," said Chairman Wayne Taylor. "We want our children to put the Navajo-Hopi land dispute behind them and chart a different history of peace between both tribes."

Known as the Manybeads case, it was filed 13 years ago to challenge a 1974 federal law which required Navajo residents of Hopi land to relocate. The families complained relocation would prevent access to religious sites.

A federal court disagreed but the families subsequently entered into negotiations with the tribe and the United States to find a way to remain on the land. A settlement pushed through Congress in 1996 by Senator John McCain (R-Ariz.) resulted in an Accommodation Agreement, but the 17 Manybeads plaintiffs found it unsatisfactory.

The agreement has been targeted by activists, a number of whom are non-Indian and from countries outside the US, as a violation of human rights. But Taylor said simply: "The Accommodation Agreement works."

Kuwaninvaya added that eviction of the remaining Navajo residents, most of whom are sheepherders, is essential to protect the tribe's legal rights. In previous court disputes, the Hopi Tribe ended up losing access to lands set aside by President Grant in 1882 because Navajo families had occupied them.

"Navajo individuals who have no right to stay on Hopi land must abide by the law and leave peacefully," said Kuwaninvaya. "It is only fair for the Hopi people to use and control what is left of our homeland."

Since 1974, relocation has affected both tribes. Several thousand Hopi tribal members have moved off land designated for the Navajo Nation and an estimated 14,000 Navajo have moved as well.

The Hopi Tribe is much smaller in comparison to the Navajo Nation, the largest tribe in the country. The Hopi Tribe has about 11,000 members while the Navajo Nation has 241,000.

Get the Manybeads case:
Manybeads v. US No. 9015003 (9th Circuit Court of Appeals April 18, 2000)
Manybeads v. US (730 F. Supp. 1515 October 20, 1989)

Relevant Links:
Accommodation Agreement - http://www.blackmesais.org/accommodationagree.html
Information on Hopi-Navajo Land Dispute (by the late Paula Giese) - http://www.kstrom.net/isk/maps/az/navhopi.html
The Hopi Tribe - http://www.hopi.nsn.us
The Navajo Nation - http://www.navajo.org
The Supreme Court - http://www.supremecourtus.gov

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Supreme Court rejects Navajo case (4/3)