[Congressional Record Volume 142, Number 139 (Tuesday, October 1, 1996)]
[Extensions of Remarks]
[Page E1889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page E1889]]



            NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT OF 1996

                                 ______
                                 

                               speech of

                       HON. JOSEPH P. KENNEDY II

                            of massachusetts

                    in the house of representatives

                      Saturday, September 28, 1996

  Mr. KENNEDY of Massachusetts. Mr. Speaker, I rise to express concerns 
regarding specific provision included in S. 1973 and to raise concerns 
about the process involving the consideration of this measure.
  Congressional consideration of S. 1973, a measure introduced by 
Senator McCain which implements a consensual resolution of the Navajo-
Hopi land dispute, during the final hours of this Congress is 
unfortunate. This measure has been the subject of no hearings in either 
the House or Senate and is being passed with relatively little or no 
public discussion.
  At a time when the American public is calling on legislators to 
reform the way in which Washington handles its business, we ought not 
be relying on what amounts to as a closed-door process to pass 
legislation. There ought to be a better way of doing business. If S. 
1973 merits passage, then the House should have considered the bill in 
a deliberate and conscientious manner, and not in the last remaining 
minutes of the legislative session.
  I am also concerned that S. 1973 goes far beyond the scope of the 
terms of the Hopi-Navajo Settlement Agreement. In a letter to Senator 
McCain, the Department of Justice states:

       Two provisions of the bill deviate from the terms of the 
     Settlement Agreement. The 85 percent threshold for the taking 
     of land into trust by the Secretary pursuant to Section 7(a) 
     of the Settlement Agreement, as set forth in Section 5(2)(A) 
     of S. 1973, is more than the 75 percent requirement agreed to 
     in the Settlement Agreement. We understand that this 
     percentage has been revised so that lands will be taken into 
     trust of the Hopi only after the Secretary of the Interior 
     has ensured that the percentage of eligible Navajo heads of 
     household who remain on the Hopi Partitioned Lands without 
     legal authority is at 15 percent or less, rather than 25 
     percent or less. Accordingly, to the extent that 15 percent 
     or fewer of the eligible Navajo heads of household are on the 
     Hopi Partitioned Lands in trespass, the conditions set out in 
     Section 5(2)(A) will have been met.

  Furthermore, while the administration supports passage of S. 1973, 
the Department of Justice would prefer that the language of the bill 
not alter the terms of the agreement achieved consensually by the 
parties.
  In closing, I would like to share concerns raised by several members 
of the Sovereign Dineh Nation about the settlement agreement process 
itself. These Sovereign Dineh Nation members object to what they feel 
has been a heavy-handed ratification of an agreement which threatens 
their current way of life. The consideration of S. 1973 without 
adequate congressional hearing adds insult to injury to the concerns of 
the Sovereign Dineh Nation members.
  The Sovereign Dineh Nation members believe the referendum process was 
unfair and manipulative, and they intend to pursue the matter in U.S. 
Federal courts.
  While I cannot comment on the substance of these concerns, I do 
believe that S. 1973 should have received more consideration by the 
Congress.

                          ____________________