And now:Ish <[EMAIL PROTECTED]> writes:

From: [EMAIL PROTECTED]
Message-ID: <[EMAIL PROTECTED]>
Date: Sat, 29 May 1999 01:20:23 EDT
Subject: Big Mountain elder-Exclusion Order Update-2 Navajo Times articles

Dear Big Mountain Supporters,

These articles appeared in this weeks edition of the Navajo Times.  I will 
keep you updated about any futher developments in the Hopi tribe's attempt to 
exclude Big Mountain elder Kee Shay.

Please keep the pressure up.

Yours sincerely,
Marsha Monestersky
E-mail:  [EMAIL PROTECTED]
Web sites:  http://www.theofficenet.com/~redorman/welcome.html
and http://www.solcommunications.com

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Navajo Times

Thursday, May 27, 1999

Hopi Tribe�s Order of Proposed Exclusion unfolds

By Wendy R. Young
Navajo Times Correspondent

FLAGSTAFF - In response to the Hopi Tribe�s Proposed Order of Exclusion, Kee 
Shay has sent a letter to Hopi Chairman Wayne Taylor requesting a 30-day 
extension in order for him to obtain the texts of the Hopi tribal ordinances 
that he has been accused of violating.

Kee Shay�s wife May Shay resides in the �unauthorized dwelling� on the HPL, 
which the notice alleges is in violation of federal, Hopi tribal, and Hopi 
village laws.  May Shay told human rights activist Marsha Monestersky, �I 
have lived here since before i was 18 years old when I married Kee Shay.  I 
am now 76 years old.  My sheep corral, my house, and my ash pile is here.  
This is where i live.  We are even told that our hogan which we need to 
rebuild in order to have ceremonies is illegal.  How are we to survive?

�How can the Hopi Tribe say we are a danger to the Hopi Tribe?  I am afraid 
when I am here alone, the Hopi police come by here and tell me to leave my 
home and that I do not belong here.  (Or that) They do this to me when I am 
sheep herding.  Who is going to protect me?  How can they do this to me?�

Kee Shay�s son Shay Benally has been trying to attain copies of the Hopi 
tribal ordinances.  Benally told Monestersky, �I went to see the people at 
the Tuba City Navajo Hopi Land Commission to ask if they could give me a copy 
of the Ordinance 46 and 43 that my father Kee Shay is being cited in 
violation of.  they told me they have the information but would not give it 
to me.  How are we supposed to respond to the Exclusion Order?  They should 
take the word �Navajo� out of Navajo Hopi Land Commission.�

The Tuba City office of the NHLC says that Benally did in fact come to 
request copies of the ordinances, however the staff person who handles legal 
matters and who holds copies of those documents was out of the office.  
Benally was told to come back.

Benally also reported that he approached the Hopi Chairman�s office on May 21 
requesting copies of ordinances, �I asked him if he would give me the text of 
the Ordinances that my father Kee Shay is being cited in violation of.  He 
just told me that he would not give me the information and that he wanted to 
keep this information confidential.  Confidential from who?  My father Kee 
Shay and my mother are being told they are going to be excluded from their 
home.�

When asked to verify Benally�s visit to the Hopi Chairman�s office, 
Administrative Assistant Jackie Nahee was unable to find anyone who had 
spoken with Benally.

�We have no record of that,� she told the Navajo Times.  �Usually they would 
fill out a form and we would make copies...It�s public record,� so the 
documents should have been provided, Nahee indicated.

The Shay family has never approached the Navajo Times to promote their case.  
The Navajo Times covers this story because it has implications on all 
residents of the Dineh HPL, including dual residents of the HPL and NPL, as 
well as signers and non-signers of the Accommodation Agreement.

As Benally commented, �Kee Shay and May Shay are afraid of what will happen 
to them at the hands of the Hopi Tribe and I wonder what will happen to us 
and who they will target next.�

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The Navajo Times

May 27, 1999

Hopi exclusion ordered

(EDITOR�S NOTE:  The following press release was issued on May 20, 1999 by 
the Hopi Tribe after the Navajo Times published a story in the May 13, 1999 
issue about a Notice of Proposed Order of Exclusion issued by the Hopi Tribe 
against elder Dineh resident Kee Shay.  It is printed in its entirety.)

KYKOTSMOVI, Ariz. - According to media reports, Kee Shay, a resident and 
member of the Navajo Nation is opposing Hopi efforts to exclude him from the 
Hopi Reservation.  Shay recently received a notice of proposed order of 
exclusion from the Hopi Tribe acting under authority of a Tribal law which 
allows the Hopi to protect their people and lands by excluding or removing 
individuals who are illegally on Hopi land.

�Mr. Shay has no right to be on Hopi land, no right to graze his cattle and 
sheep on Hopi land or to construct buildings on Hopi land.  In spite of 
repeated Hopi warnings, he has done all of these things openly and without 
permit or other authorization.  Such behavior is not acceptable or tolerated 
in off-reservation communities and it will not be accepted or tolerated here. 
 Our records indicate that Shay is not a member of the Hopi tribe.  Shay is 
also not among the Navajos who are eligible to continue living on Hopi land 
under the process of accommodation negotiated between the Hopi, Navajo and 
the United States.  As such, Shay is simply trespassing on Hopi lands,� 
stated Eugene Kaye, Spokesman for the Hopi Tribe.

According to the Tribe, Shay�s actions are considered harmful to both Navajo 
and Hopi families.  The Hopi Partitioned Lands hit hard by the ongoing 
drought conditions has reduced the capacity of the land to support grazing 
livestock.

�When outside individuals illegally trespass and allow their animals to graze 
on lands that already suffer from diminished capacity, we hurt both Navajo 
and Hopi families living on HPL who depend on t hose same lands for 
authorized grazing.  Shay�s actions in arguing his case through the media is 
clearly an effort to disrupt and use for his own benefit the ongoing peaceful 
process of accommodation taking place between the Hopi Tribe and Navajo 
families to which he is not a party.  Shay�s illegal presence on the HPL has 
nothing to do with the Accommodation process,� concluded Kaye.

Lenora Lewis, Chairperson of the Hopi Tribe�s Land Team agrees.  �The Hopi 
government has a responsibility to look out for the general welfare of its 
citizens.  In this case, both Navajo and Hopi families lose when outsiders 
encroach on natural resources they depend on.  These families are already 
facing livestock reductions due to the conditions of the land.  HPL families 
don�t need outsiders using up their grass when they are the ones who suffer 
the consequences.  They also don�t need outsiders creating issues surrounding 
the Accommodation process, especially when it does not concern them.  The 
media needs to be more responsible in not agitating situations that could 
hurt the interests of Hopi and Navajo families on the HPL.� 
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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