Udall seeks policy to bring order to chaos of allotments
By Bill Donovan/Diné Bureau

WINDOW ROCK — In the late 1800s and early 1900s, hundreds of Navajo families benefited from the federal government's decision to give them mineral and other rights to allotted lands in Arizona and New Mexico.
But the allotments in recent decades have become a quagmire of dissension and ill will among many Navajo families because of federal laws that gave the heirs to the first Navajo families undivided interests to those allotments.
That means that whenever a Navajo family had children, their rights to the allotment would be the same as their parents. This would also happen when their children had children. Over the decades, a hundred or more people may have equal ownership rights to a 160-acre parcel.
"After nearly a century, this allotment policy has become a nightmare for the Navajo people," says U.S. Rep. Tom Udall, who last week introduced legislation in Congress to try to bring some order to the chaos that surrounds many of these allotments.
Richard Hughes, a former special prosecutor for the Navajo Nation and a private attorney who has represented some of the allottee families, said the problem is federal laws that require approvals from all or almost all of the owners of the allotted lands before any kind of decision is made.
Udall said that's an "impossible task."
"In many cases, owners can no longer be located, while some individuals are completely unaware that they are heirs to an interest in an (allotment). Many times, title to a parcel is clouded when just one owner dies without a legal will," he said.
It becomes harder when the families, tired of all of the internal squabbling and low royalty checks (some as low as a couple of dollars a year), want to sell the parcel to the tribe and get one final check.
Hughes said such sales are impossible to sell the parcel, all the owners have to agree.
This has also held up development in some parcels because mining companies have a difficult time getting majority approval, in part because ownership of the parcel may be so confused that no one knows how much approval constitutes a majority.
Udall said Congress realizes that this is a complex issue that can't be resolved overnight. But he is proposing a "stop-gap" measure that he hopes will resolve many of the conflicts until a permanent solution can be reached.
Udall's bill, which was introduced last week in Congress, would allow the Secretary of the Interior to approve oil and gas leases when less than 100 percent of the owners agree to such a lease.
"This is a mechanism that is already available to non-Indians in most states," he said.
On the surface, Hughes said, such an approval agreement might work.
But he was worried about the possibility that the Interior Secretary would abuse his authority and approve a lease where there is substantial opposition from some of the owners of the parcel.
"Maybe a good majority of the owners possibly 60 to 75 percent would have to give their approval as well for the deal to go through," Hughes said.
And since it is likely that government officials will have a hard time getting hold of the remaining 25 to 40 percent, the fact that the others have given their approval should be an indication of support for the lease.
However, and this is a major concern, Hughes said, if there is a vocal minority of more than 10 percent who are opposed to the lease approval, the secretary should be required reject the deal.

Navajo fire chief placed on leave
By Walter Howerton Jr./Staff Writer

WINDOW ROCK — Bruised feelings collided with official frustration and left the Navajo Nation without fire and rescue protection for a brief time Wednesday morning.
Disgruntled Navajo firefighters walked out of a two-hour meeting at the Navajo museum feeling they had been insulted by Herbert Clah Jr., the executive director of the Division of Public Safety.
Clah, showing the emotional strain of the second meeting with firefighters in a week, called out to the departing paid and volunteer firefighters not to forget their "termination papers" as they walked away.
Tom Ranger, chief of staff for President Kelsey Begaye, huddled separately with Clah and the irate firefighters, soothed hurt feelings and calmed tempers. In the end, the firefighters' threats of quitting and Clah's threat to terminate them were withdrawn.
It left the way open for an announced investigation of Fire Chief Dicky Bain, whom the firefighters wish to get rid of.
The meeting, chaired by Clah and Navajo Nation Vice President Taylor McKenzie, was attended by more than 30 people including paid and volunteer firefighters, their supporters and tribal councilors Raymond Maxx and Harold Wauneka.
Bain, who has refused to respond to the allegations against him including lack of communication, mismanagement of the department and lack of respect for volunteers did not attend the meeting. The firefighters feel abandoned by the chief.
Clah said he was placing Bain on administrative leave Wednesday afternoon, pending an investigation of complaints by firefighters and fire and rescue administrative personnel about the way Bain has been running the department.
Director of Highway Safety Lawrence Garnenez will head the fire and rescue department during the interim, a period of 16 days in which Clah said the internal affairs department would review allegations against Bain. Clah then said he would study their findings.
"By the 16th day, I hope to have enough information" to take some action, he said.
He said the review was ordered after an examination of the allegations against Bain with representatives of the Navajo Department of Justice, the president's office and the personnel division. The allegations were made in a petition sent to Bain in September and were repeated and expanded upon at a meeting last week between Clah, Bain and fire and rescue personnel.
McKenzie emphasized to the firefighters that their allegations included "serious charges that must be investigated properly." He said the tribal administration must protect itself from problems created if Bain were to be removed improperly.
Both Clah and McKenzie emphasized that any action involving Bain would have to follow tribal personnel procedures. They also emphasized that it would take some time to deal with the issues.
As the meeting progressed, firefighters and their supporters left the room three times for brainstorming sessions, considering what Clah and others were saying carefully, then returning to respond.
They insisted on summarizing for McKenzie what was said at last week's meeting, recounting their complaints about Bain and his actions and behavior. It was obvious they were afraid of not being heard otherwise.
They raised questions about the fairness of any investigation of Bain by the internal affairs department, citing Bain's long association with the division of public safety. Bain has been fire chief since 1982. McKenzie assured them an independent investigator could be found.
They asked that investigators come to the various fire districts. McKenzie agreed.
They wanted to know why Garnenez was named interim chief rather than someone from their own chain of command. Clah explained the need to have an administrator who had no stake in the operations of the fire and rescue department.
They wanted to know why Bain could not simply be moved out of the department. Clah and others explained that, according to tribal procedures, employees cannot be summarily removed from their jobs.
Jacob Brock, a Tuba City firefighter, said some people were afraid to speak up because of their fear of retaliation. McKenzie assured them the upcoming investigation would include interviews in private and encourage people to "let loose."
Clah and McKenzie kept explaining procedures.
But every time the fire and rescue personnel left the room to brainstorm and returned, it became clear they were having a difficult time accepting what the tribal officials were telling them. The fire and rescue personnel had little faith in the process that was being described to them.
There was a palpable sense of frustration and suspicion in the room.
Danny Barney of Tuba City said, "This is the fourth time this has come up," referring to complaints against Bain. A little more than two years ago, Bain also was placed on administrative leave after firefighter complaints about the way he was doing his job.
"Last time he just came back like nothing happened," Barney said.
Ranger tried to allay fears.
"I think we are trying to share with you that this is a different administration," he said. "We do things differently. We are on the same page with you on this. I think Mr. Clah is having to make a hard decision here. Procedure was not followed in the past."
Ranger said the tribe has paid out approximately $800,000 this year over improperly handled employment disputes. "We don't want that to happen here," he said.
Ranger worked to build the trust of the firefighers, who said they were afraid of falling victim to what Brock called the "buddy system" they believe will try to protect Bain.
Ranger said, "Take us at our word. We are taking this seriously." He encouraged the firefighters "to back off a little bit" and let the process work.
He also told the firefighters, "I would like to know of any repercussions. I want to know. Fear is not the way you run things."
After one more brainstorming session, everything looked like it was going to end satisfactorily.
Then, as an obviously frustrated Clah "We are trying to do something properly!" he said in exasperation was speaking to the mother of a young woman firefighter, things broke down as the firefighters' desire for immediate action ran head on into tribal administrators' obligation to follow policies and procedures.
That was when tempers flared, people walked out, Clah shouted after them, and Ranger had to sort through the wreckage to get things back on track.
Another meeting will be scheduled at the end of the month to announce what action will be taken concerning Bain.