by Carol Halberstadt

It has been reported to the Black Mesa Weavers for Life and Land that on March 16, 2001, Judge Carroll issued a decision about jurisdiction over Dine' (Navajo) grazing on HPL. The message stated that since 1977 the BIA has had jurisdiction over Navajo grazing on HPL and the Hopi Tribe has had jurisdiction over Hopi grazing.

The report stated that in 1998, the Hopi Tribe filed a motion to vacate the 1977 injunction that enjoined the Hopi Tribe from having jurisdiction over Dine' grazing on HPL. The Hopi motion was filed in Taylor v. Begay 58-579 PCT-EHC, which is one of the ongoing lawsuits between the two tribal governments, and was opposed on behalf of the HPL Dine'.

According to the report, on March 16, Judge Carroll granted the Hopi motion and lifted the injunction. Dine' grazing on HPL will now be regulated by Hopi Ordinance 43 rather than 25 CFR 168.

I would assume that this can be appealed, and hope that an appeal will be filed. I am not certain, however, what role the BIA would now play (pending appeal), or what implications this will have for the current year's livestock permitting process (including livestock inventory counts, collection of livestock permit fees, impoundments and confiscations), and will be trying to clarify and find out about these issues as soon as possible. It is my understanding that the BIA still has trust responsibility for all American Indian land.

More to come...

Black Mesa Weavers for Life and Land


2001, by Carol Halberstadt. All Rights Reserved. Used with permission.

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