Nation seeks Navajo-Hopi escrow funds

Copyright © 2009
Gallup Independent
By Kathy Helms
Diné Bureau

WINDOW ROCK — The Navajo Nation is seeking the draw-down of the Nation’s portion of funds in the Navajo-Hopi Escrow Account with the intent of having them set aside for the benefit of the Western Navajo Agency chapters impacted by the former Bennett Freeze.

Leslie Dele, a member of the Navajo-Hopi Land Commission and sponsor of proposed legislation to obtain the draw-down, received unanimous support from the Budget and Finance Committee Tuesday as well as unanimous support Jan. 7 from the Resources Committee.

Dele said money in the escrow account had been set aside during the 40-year duration of the Bennett Freeze and is supposed to be divided equally by the Navajo and Hopi tribes.

The land commission is requesting the president “go ahead and ask the Interior to have the money drawn down on our behalf,” Dele said.

“We had a very good conversation with the Resources Committee on the details of how it should be done and what effect it would have on other lawsuits that are pending, but this one doesn’t because it’s already been settled through the Interior.

“The signatures and everything are all done and we just wanted to have the president take the initiative of collecting those funds for the Navajo-Hopi Land Commission,” he said.

In an April 2008 memorandum to the Office of Legislative Counsel, Raymond Maxx, co-sponsor of the resolution, requested legislation be drafted authorizing the Controller to request the withdrawal and transfer of the funds to the Nation. The account currently is held by the Bureau of Indian Affairs.

“At this time, people living in the former Bennett Freeze area would like the monies earmarked for the rehabilitation efforts in the former Bennett Freeze area,” Maxx said.

In 1966, Robert Bennett, commissioner of Indian Affairs, imposed a ban on construction in the 1934 disputed area of land claimed by the Navajo Nation and Hopi Tribe which later became known as the Bennett Freeze area.

Subsequently, on Dec. 28, 1970, Ernest Stevens, acting commissioner of Indian Affairs sent a memo to the Navajo BIA area director instructing that all income collected on lands in the 1934 disputed area inside the original Bennett line, or western extension of the 1882 Executive Order Reservation, be placed in escrow in a special deposit account.

On Nov. 3, 2006, the Navajo-Hopi Intergovernmental Compact was signed by Interior Secretary Dirk Kempthorne, Navajo Nation President Joe Shirley Jr. and Hopi Vice Chairman Todd Honyaoma, effectively resolving the litigation between the two tribes and lifting the 40-year-old Bennett Freeze.

The proposed legislation authorizes the president to request the special trustee draw down all of Navajo’s portion and transfer it to the Controller. It also directs the controller to create a fund separate from the General Fund, into which the money is to be placed.