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President Shelly signs official commemorative memorandum accepting $554 million trust settlement, urges responsible investment for generations to come

WINDOW ROCK, Ariz.—On Sept. 26, Navajo Nation President Ben Shelly signed a historic multimillion-dollar trust settlement, the largest in United States history, at a commemorative signing ceremony with Navajo leaders and federal officials.

“Today, we gather as a Nation to celebrate the historic trust settlement agreement between the Navajo Nation and the U.S. government. The settlement of this claim is symbolic of the evolving relationship that the Navajo Nation has had with the federal government. For decades Native Nations have had an adversarial relationship with the U.S. Department of the Interior,” said President Shelly.

Interior Secretary Sally Jewell, Sam Hirsch, acting attorney general for the U.S. Department of Justice, Environmental and Natural Resource Division, Kevin Washburn, Assistant Secretary of Indian Affairs, other federal officials, Navajo Council Delegates, and the Navajo Trust Litigation Task force joined President Shelly at the ceremony.

The president and the secretary acknowledged that the settlement demonstrated resolving differences and working together for Navajos.

“This settlement reflects our continuing commitment to upholding the federal trust responsibility to Indian Country and to building strong, prosperous and resilient tribal communities,” said Secretary Jewell.

The president called on the Navajo people to provide input at town hall meetings scheduled to begin Oct. 6 in Chinle, Ariz. The purpose of the town hall meetings is to gain guidance from the Navajo people on how to best utilize and wisely spend or invest the funds.

The president said the money from this settlement will provide the Navajo government with a wide range of choices on investment, but infrastructure and development will be a priority.

“This means that we are taking one small step towards self-sufficiency and away from dependence,” the president added.

He also underscored the need for the Navajo Nation to stand on its own and rely less on the federal government to provide for the people.

“It is important to note that a lot of work went into reaching this landmark agreement. The Navajo Nation worked for many years in long and tough negotiations to come to a resolution on this issue.”

President Shelly thanked President Obama and his administration for settling this long standing wrong to the Navajo Nation and for the president’s commitment to working with Indian Country.

He also thanked the Trust Litigation Task Force for their guidance and leadership to resolving this issue.

“The next step following today’s signing ceremony is to hear from the Navajo people on how the settlement can be used. We urge the Navajo people to provide their input on this important issue that will effect generations to come,” said the president.

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(L-R) Sam Hirsch, acting assistant attorney general, U.S. Department of Justice-Environmental & Natural Resources Division; Paul Long Sr., counselor and traditional practitioner, Tse Hostoii Medical Center; Sally Jewell, Secretary, U.S. Department of the Interior; Martha Shelly, First Lady, The Navajo Nation; Ben Shelly, President, the Navajo Nation; and Lorenzo Bates, Speaker, Navajo Nation Council. The Navajo Nation welcomed Secretary Jewell during a sunrise blessing ceremony at the Navajo Nation Museum in Window Rock, Ariz.

(L-R) Navajo Council Delegates and Navajo Trust Litigation Task Force members Katherine Benally (Dennehotso, Chinchilbeto, Kayenta), Leonard Tsosie (Littlewater, Pueblo Pintado, Torreon, Whitehorse Lake, Baca/Brewitt, Casamero Lake, Ojo Encino, Counselor) and Dwight Witherspoon (Hard Rock, Forest Lake, Pinon, Black Mesa, Whippoorwill), attend the trust settlement agreement signing ceremony in Window Rock, Ariz., on Sept. 26. Photo by Jared King.

Navajo lawmakers urge the United Nations to allow tribal nations to participate as governments within the U.N. system

UNITED NATIONS—On Sept. 22, Navajo Nation Council Delegate Jonathan Hale (Oaksprings, St. Michaels) called on the United Nations to allow tribal nations to participate on a permanent basis within the U.N. system without going through a nongovernmental organization (NGO).

“For more than 20 years the Navajo Nation had to either register under the auspices of a NGO in order to participate in the U.N. activities or simply not participate. While NGO’s and civil societies enjoy the privilege of participating in U.N. activities, Indigenous Nations with elected officials that are responsible to their people are limited in full participation in U.N activities. The U.N. must amend their current system in order for Indigenous Nations to have a seat at the table,” said Delegate Hale.

Council Delegates Dwight Whitherspoon (Hard Rock, Forest Lake, Pinon, Black Mesa, Whippoorwill), Alton Joe Shepherd (Jeddito, Cornfields, Ganado, Kinlichee, Steamboat) and Navajo Nation Human Rights Commission executive director Leondard Gorman rounded out the Navajo Nation delegation to the first and historic World Conference on Indigenous Peoples.

Prior to Delegate Hale’s remarks, the outcome document of the World Conference was adopted by consensus as a U.N. General Assembly resolution, supported by 193 member states of the U.N.

The outcome document included four of the proposed action items supported by the Navajo Nation including: Initiating a process to create a permanent body in the U.N. system that will monitor and encourage implementation of the Declaration; considering options for a General Assembly decision to make it possible for Indian tribal governments and other indigenous governments to participate in U.N. meetings on a permanent basis; giving particular attention to the epidemic of violence against indigenous women, including Indian and Alaska Native women in the United States; and measures to respect and protect places sacred to Indian and other indigenous nations and peoples.

The outcome document calls for a system-wide action plan to be developed for the U.N. system to bring greater coherence and effectiveness to the U.N.’s work relating to indigenous peoples. 

In his opening remarks, U.N Secretary-General Ban Ki-moon said, “I am proud that the General Assembly adopted the Declaration on the Rights of Indigenous Peoples. We are joining forces with indigenous peoples to reach our common goals.”

Jack Jackson Jr., senior advisor for Native American Affairs, U.S. Department of State and Jodi Gillette, senior policy advisor for Native American Affairs, the White House, lead the U.S. delegation at the high-level plenary meeting known as the World Conference on Indigenous Peoples at the U.N. headquarters Sept. 22, 2014. Photo by Jared King.

Enrique Peña Nieto, President of Mexico, addressed the General Assembly at the World Conference on Indigenous Peoples and described the final outcome document as "a road map to reposition indigenous peoples” in the United Nations agenda. Sept. 22, 2014. U.N. headquarters. Photo by Jared King.

Tribal leaders at the historic World Conference on Indigenous Peoples. Sept. 22, 2014. U.N. headquarters. Photo by Jared King.

Oren Lyons, Jr., Faithkeeper of the Turtle Clan of the Seneca Nations of the Iroquois Confederacy addressed the World Conference on Indigenous peoples. Sept. 22, 2014. Photo by Jared King.

Obama signs stopgap measure, avoids government shutdown

WASHINGTON—On Sept. 19, President Barack Obama signed into law a stopgap spending legislation (HJ Res 124) that will keep the federal government funded through Dec. 11.

The stopgap measure had strong bipartisan support in the House and Senate and continues funding government programs at the fiscal 2014 spending levels when the new fiscal year begins on Oct. 1. Congress' inaction on this measure would have resulted in a government shutdown. 

The president has called on lawmakers to pass a 12-bill omnibus by the end of the year that would provide funding to agencies.

Navajo Hopi Land Commission Chairman Walter Phelps urges lawmakers to act on land status bill

WASHINGTON—On Sept. 17, Navajo Hopi Land Commission Chairman Walter Phelps testified before the House Subcommittee on Energy and Mineral Resources regarding the Navajo Nation's support for HR 5176, a bill that would allow holders of preference right lease applications to exchange the applications for bidding rights on other federal lands. The Navajo Nation would then receive full and clear title to selected lands in New Mexico.

On July 23, Rep. Ben Ray Lujan, D-N.M., introduced the bill with Rep. Cynthia Lummis, R-Wyo., as an original co-sponsor.

"The legislation would help solve a four decade-old federal obligation to the Navajo Nation that was authorized in the Navajo Hopi Land Settlement Act of 1974," said Chairman Phelps.

The act settled the disputed boundaries between the Navajo Nation and Hopi tribe, and resulted in the forced relocation of over 10,000 Navajo citizens from what is now Hopi land. In return for lost acreage, the Navajo Nation was permitted to select federal lands for conveyance into trust for the Navajo Nation.

In the early 1980s, the Navajo Nation selected parcels of federal land known as Paragon Ranch in northwest New Mexico. The secretary of the Interior has conveyed some of these parcels. However, a number of the parcels selected within the Paragon Ranch were encumbered by Preference Right Lease Applications (PRLAs) held by private entities and cannot be taken into trust for the Navajo Nation until the PRLAs are resolved.

"The Navajo Nation supports this legislation with the ability to deselect and reselect land of equal value at the Navajo Nation's discretion," added Phelps.

Chairman Phelps thanked Reps. Lujan and Lummis for introducing the bill and urged the committee to act on the legislation before the end the 113th Congress.

"Passage of this legislation would resolve one aspect of the harsh effects experienced by the Navajo people due to the 1974 Navajo Hopi Land Settlement Act. Further it fulfills a promise made by the federal government to the Navajo Nation 40 years ago," said Phelps.

Chairman Walter Phelps and Rep. Cynthia Lummis, R-Wyo., pose following the House Subcommittee on Energy and Mineral Resources regarding the Navajo Nation's support for HR 5176, a bill that would allow holders of preference right lease applications to exchange the applications for bidding rights on other federal lands. Rep. Lummis is an original co-sponsor of HR 5176. 

Chairman Walter Phelps and Rep. Dan Benishek, R-Mich., pose following the House Subcommittee on Energy and Mineral Resources regarding the Navajo Nation's support for HR 5176, a bill that would allow holders of preference right lease applications to exchange the applications for bidding rights on other federal lands.

Navajo Nation Council Delegate Phelps Pushes For School Replacement Funds

WASHINGTON—On Sept. 23 and 24, Navajo Nation Council Delegate Walter Phelps (Cameron, Coalmine Canyon, Birdsprings, Leupp, Tolani Lake) and representatives from the Little Singer Community School met with Congressional and administration officials this week to push for school replacement construction funds and a new replacement school construction priority list.

Many school facilities in Indian country are in a poor state. In 2004 the BIA created a Replacement School Construction Priority List that included 14 schools.

The list was created to determine the order in which the Bureau would request appropriations to fund education replacement construction of core academic and/or dormitory facilities. The schools on that list were considered the most in need of replacement of core facilities.

Three schools remain on the list, including two on the Navajo Nation – Little Singer Community School in Winslow, Ariz., and Cove Day School in Red Valley, Ariz.

Among other issues, the Little Singer Community School has problems with asbestos and radon.

The House-passed appropriations bill that includes funding for the U.S. Department of the Interior included funding for the last three schools on the list and instructions to create a new replacement school construction priority list; but the draft Senate version of the same bill would not include these.

Delegate Phelps and the group from Little Singer met with staff from the Arizona Congressional Delegation, the Senate Appropriations Committee, and also from the Office of Management and Budget and the Bureau of Indian Education.

The staff everywhere understood the need, and the group left these meetings feeling positive that funds for school replacement will be included in future appropriations bills or in the President’s Budget.