The
Hopi Tribe Land Team
Office
of the Chairman
The
Hopi Tribe
Contact:
PO
Box 123
Kykotsmovi
, AZ 86039
Phone:
928-734-3161
Website:
www.hopi.nsn.us
Reclaiming
traditional lands has been a primary concern
of the Hopi Tribe for the last century. In
1996, significant land purchases became possible
under the terms of a settlement with the U.S.
government, but the tribal government then
faced the problem of developing a plan for
land reacquisition. In 1998, responding to
this challenge, the Hopi Tribe created the
Hopi Land Team. With the goal of striking
a balance between preservation and the future,
the Team works to identify potential purchases,
evaluate their cultural and economic significance
and potential, and recommend purchases. The
work of the Team has led not only to new development
initiatives that have increased tribal revenues,
but it also brought back to the nation critical
cultural resources and sacred sites that play
a major role in the life of the Hopi people.
The
tutsqua is the ancestral and sacred
Hopi homeland. It is where the Hopi emerged
into this world as a people and culture, where
the katsina spirits live, and where
their religious obligations must be carried
out. Since at least 500 AD, Hopi traditional
use of the tutsqua has been significant
and permanent, although this use involved
continuous occupation of some areas and more
transient use of others. For example, oral,
cultural, and archeological evidence indicates
migration from some villages (Homolovi, for
one) to the current Hopi mesas. Importantly,
these villages, even those that are visited
only for seasonal and ceremonial purposes,
are part of a tutsqua -wide network
of ancient farming lands, medicinal gathering
places, sacred shrines, ancestral burial grounds,
and natural habitats that support the animals
for which many Hopi clans are named.
In
spite of this long history of traditional
land use , the Hopi reservation created by
Executive Order in 1882 was smaller than the
tutsqua . Many sacred sites, traditional
farm lands, and sources of water were located
outside the reservation, limiting the Hopi
people's access to — and control over — these
significant resources. Even after creation
of the reservation, 40 percent of it was lost
in the Navajo partitioning, exacerbating conflicts
with the neighboring Navajo Nation and deepening
Hopi problems of access to traditional lands.
According to the Indian Claims Commission,
from 1880 onward, encroachment and federal
policy led to an 85 percent reduction of the
Hopi homelands. These losses caused spiritual,
cultural, and economic hardship for the nation,
and were viewed by many Hopi as equal to the
destruction of the people themselves.
Unsurprisingly,
reclaiming traditional lands has long been
a primary concern of the Hopi government.
The Tribe has lobbied the federal government,
litigated, and even refused to spend a compensation
fund awarded in the 1970s by the Indian Claims
Commission in lieu of the return of traditional
lands. Finally in 1996, under the terms of
a settlement with the U.S. government, the
Hopi Tribe was given a budget to purchase
significant amounts of land with the option
to take some or all of the land into trust.
At that point, the Hopi government faced the
problem of developing a land acquisition plan
that would help the nation prioritize various
goals for the land and evaluate potential
purchases.
Recognizing
the importance of careful planning and strategy
in the Nation's land acquisition efforts,
the tribal government responded by creating
the Hopi Tribe Land Team. Established in 1998,
the team is a group committed, long-serving,
and land-expert members on the Tribal Council;
in particular, it represents the consolidation
of pre-existing committees and task forces
charged with providing leadership on all land
issues, including land purchase, use, development,
and litigation. Four main goals guide purchases:
to regain the Hopi tutsqua and preserve
Hopi culture, to build a sustainable economy,
to create job opportunities for tribal members,
and to raise revenue for the Tribe's general
fund and village budgets. These goals permit
the team to take a flexible and pragmatic
approach to land acquisition, while still
appropriately weighing the opportunities in
terms of cultural and religious significance,
potential for economic development, and availability
for purchase. According to one Land Team member,
the objective of the purchases has been to
strike a “balance between preservation and
the future.”
Critically,
the Land Team developed a high level of sophistication
in its land acquisition process. After one
potential purchase evaporated because the
seller discovered the buyer was the Hopi Tribe,
the team followed the path of other astute,
high-profile developers and created a front
corporation to engage in purchases. When another
purchase was stymied because of public opposition
to the conversion of U.S. Forest land to tribal
trust land, the Team found alternative sites
to purchase and sponsored a series of community
meetings in nearby towns to build and restore
good relationships.
The
Land Team's success is clear in its purchase
record. The Hopi Tribe has purchased several
valuable parcels of commercial real estate
in Flagstaff and Holbrook. It also purchased
five ranches along U.S. Interstate 40, a high-traffic
corridor south of the Hopi and Navajo reservations.
Beyond their economic potential, these lands
contain important cultural, subsistence, medicinal,
and religious sites. Additional purchases
increased the nation's water access and water
rights, while others diminished the Hopi Tribe's
“landlocked” position within the Navajo reservation.
Through these purchases, the Hopi are better
able to access and protect sacred sites, create
viable economic development and revenue generating
activities, and maintain and enhance their
sovereignty.
Achievements
can also be seen in how the Land Team operates.
Faced with the possible closure of the Homolovi
State Park , which contains many sites with
cultural and spiritual significance for the
Hopi, the Tribe partnered with the State of
Arizona through a memorandum of understanding
(MOU) to improve the parklands. The MOU aligns
with the Land Team's long-term plan to buy
acreage around the park to create a “gateway”
on Hopi lands for park visitors. Already,
seven sections of land have been purchased.
Together with the MOU, these purchases provide
the Tribe with a wide range of opportunities—new
jobs for Hopi citizens; more outlets for Hopi
artisans; resources to support Hopi life ways;
and greater control over cultural patrimony,
both ancient and contemporary. For instance,
the newly acquired lands contain eagle nesting
sites—important to Hopi religious practices—and
host wildlife and plants used in Hopi traditional
diets and for medicine; the value of these
habitats is enhanced by their location next
to park land. In combination, the purchases
and MOU ensure greater tribal access to archeological
resources. And, the MOU also promises to protect
the authenticity of Hopi cultural symbols.
Not surprisingly, the park shop no longer
sells counterfeit or inappropriate kachina
dolls or other objects that misrepresent Hopi
culture.
Commercial
land purchases also demonstrate the Land Team's
effectiveness. Clearly outlined in their goals,
the Land Team must consider the economic needs
of the tribal government and citizens in its
land purchases. Accordingly, some commercial
properties purchased within the Hopi tutsqua
were not put into trust. Rather, the
Team felt that the business potential of those
properties would be better served if they
were developed as fee simple holdings. To
further maximize economic gains, the tribal
government chartered an Economic Development
Corporation to manage properties, including
three commercial properties located within
a lucrative Flagstaff retail office market
and a travel plaza in Holbrook. It also chartered
a portion of its ranch property, “Three Canyon
Ranch,” as an agricultural corporation that
produces high-value beef products. Other ranchlands
are under consideration for projects such
as a bed and breakfast and a wind energy farm.
Currently, projects resulting from Land Team
efforts net approximately $750,000 for the
Tribe, and future growth in revenues and
job creation are expected as more plans
come to fruition.
Finally,
it should be noted that l and purchases have
enhanced the sovereignty of the Hopi Tribe.
The Tribe now controls more of its sacred
and historical sites, and its partnerships
with other governments strengthen the Tribe's
legitimacy in the eyes of others. Additionally,
the ranch purchases increased tribal jurisdiction
over wilderness areas and that will be bolstered
once the land is in trust. Recognizing that
securing scarce water resources is essential
for the tribe's long-term self-determination,
the Land Team also strategically acquired
properties with significant water rights.
And, by now holding half a million acres outside
the boundaries of the Navajo Reservation,
the Hopi Tribe is able to undertake economic
development activities and sacred site protection
independent of its “landlocked” position within
the Navajo Nation. While cooperation with
the Navajo Nation is improving, this land
ownership increases the Hopi tribal government's
options in tribal-tribal, tribal-state, and
tribal-federal collaborations.
W hile
the specific settlement that led to the creation
of the Hopi land acquisition program is unique,
land acquisition work in Indian Country is
not. Because reservations were established
with little consideration for traditional
territory, traditional land use practices,
economic viability, access to food and other
natural resources, and so on, many nations
are committed to land acquisition. Moreover,
land settlements have been awarded to other
Native nations, and some have set aside funds
from natural resource, gaming, and other self-generated
government revenues for land purchase. Those
engaged in this work can learn from the Hopi
Tribe Land Team. The Land Team created a blueprint
for success by appointing experts, setting
goals, evaluating properties with both a strategic
and pragmatic eye on those goals, being savvy
in the methods used to purchase land, seeking
to minimize conflict while still holding fast
to land purchase aims, and working on the
“back end” to ensure that plans for the land
are fulfilled through partnership and institutional
development. Although the monies settled on
the Hopi Tribe could not restore the entire
tutsqua to the Hopi people, the strategic
and forward-thinking work of the Land Team
maximized the benefits to the Tribe from the
portions it was able to reacquire. These purchases
re-established Hopi ownership of culturally
important and economically valuable homelands,
brightening the future of the nation's citizens.
Lessons: