Hopis hail Supreme Court decision

In an April 2 decision, the United States Supreme Court refused to hear Manybeads vs. United States, the class action lawsuit that, if successful, would have allowed several Navajo families to remain on Hopi Partitioned Lands.

The lawsuit stemmed from the 1974 Congressional decision to partition the Joint Use Area—1.8 million acres of land in the Black Mesa region—equally between the Navajo and Hopi Tribes. That decision required Hopi living on the Navajo side to relocate, and vice versa. But in 1988, some Navajos living on the HPL (Hopi Partitioned Lands), including Jenny Manybeads, challenged the decision in court, contending that it was unconstitutional, violating their First Amendment rights.

A federal appeals court demanded negotiations between the two tribes, negotiations which led to the 1996 Accommodation Agreements, which offered Navajo resisters the option of remaining on the HPL under a 75-year lease and under Hopi jurisdiction. According to Clayton Honyumptewa, Director of the Office of Hopi Lands, about 350 individuals from 80 homesites signed the Accommodation Agreements, while about 75 individuals did not. For those who refused to sign, the Manybeads case was their last hope to remain on the HPL. The plaintiffs lost in the Ninth Circuit Court of Appeals last October, and, with the Supreme Court’s recent decision, they will be required to move off the HPL.

In a statement issued on Friday, April 6, Navajo Nation President Kelsey Begaye expressed his concern for the remaining Navajo families on the HPL. “As with many court cases involving the Navajo-Hopi land dispute, the matter at hand is extremely complicated. Unfortunately, decisions like this are more difficult to accept,” he said.

“I want to extend my appreciation to the families who were involved in this case and their attorneys for setting forth a great effort to protect our way of life. The Navajo Nation, including Vice President McKenzie, shares my appreciation for your notable efforts.”

While it is unclear when evictions will begin, there is no doubt that the families will be required to move.

“Denial of the Manybeads appeal makes imminent the eviction of Navajo individuals on the HPL without a lease agreement with the Hopi Tribe,” said Cedric Kuwaninvaya, Chairman of the Hopi Land Team. “This is confirmation that our legally protected interest in both regaining exclusive use of the HPL and in resolving the longstanding Navajo-Hopi land dispute is upheld.”

Clayton Honyumptewa, Director of the Office of Hopi Lands, pointed out that the names of the resisters were forwarded to the U.S. Attorney’s Office over two years ago, but the eviction process has been at a standstill. “Right now, it is in the hands of the federal government,” he said.

Said Kuwaninvaya, “It is definitely now the U.S. government’s responsibility to uphold its part in solving the problem by fully implementing the 1974 and 1996 Settlement Acts. The federal government cannot deny what is lawfully and rightfully ours. Navajo individuals who have no right to stay on Hopi land must abide by the law and leave peacefully,” he said.

Following the Supreme Court’s decision, the Hopi Tribe expressed its continued desire to “live peacefully side-by-side with the HPL Navajo lessees.”

“The Accommodation Agreement works,” said Eugene Kaye, Chief of Staff for Chairman Taylor. “What is not reported in the news are the efforts of Navajo and Hopi families to get along and to put this longstanding dispute behind them. The wisdom of the Navajo who chose to sign agreements with the Hopi Tribe has now been confirmed by the Supreme Court.

Said Chairman Taylor, “We want our children to put the Navajo-Hopi land dispute behind them and chart a different history of peace between both tribes.”