Tag Archives: Thomas Benally

9/28/2011 Navajo Times: Rehab fund spending report released

Rehab fund spending report released Report details how money intended for victims of the Bennett Freeze, in the Navajo-Hopi land dispute, was spent. 9/28/2011 Navajo Times: Rehab fund spending report release By Noel Lyn Smith: WINDOW ROCK: The Navajo Nation’s Department of Justice has finally produced a draft summary of the accounting record for the Navajo Rehabilitation Trust Fund. Nine months after being ordered to do so, DOJ submitted the document during a Sept. 21 hearing for the lawsuit filed by the Forgotten People and 12 other individuals who are suing the Navajo-Hopi Land Commission to learn how money has been spent from the fund, which was established by Congress to benefit residents of the former Bennett Freeze and Hopi Partitioned Land.

As their name suggests, the Forgotten People contend that the assistance their region was promised in the Navajo-Hopi Land Dispute settlement has failed to materialize, and they suspect the money may have been misspent.

Henry Howe, a DOJ attorney representing the Navajo-Hopi Land Commission, submitted an eight-page report that shows trust fund expenditures from 1990 to 2009 that went toward projects on the former Bennett Freeze area, New Lands, Navajo Partitioned Land and Hopi Partitioned Land.

The report also shows amounts Congress appropriated for land purchases and federal appropriation amounts from 1990 to 1995.

“This information provided to plaintiffs demonstrates good faith on behalf of the Navajo-Hopi Land Commission Office,” Howe said, speaking before a courtroom packed with spectators.

When plaintiffs filed their civil complaint in 2010, they asked for a full account of all income, expenses, profits, losses, assets and other financial matters for which the tribe, the Navajo-Hopi Land Commission and the Navajo-Hopi Land Commission Office have responsibility.

Window Rock District Court Judge T.J. Holgate asked Howe why it took months to produce the report after the court issued an order in January.

Howe explained that it took time to locate accounting documents and it was especially difficult for the office to locate the first five years of records.

Sitting with Howe were Navajo-Hopi Land Commission Chair Lorenzo Curley (Houck/Klagetoh/Nahata Dziil/Tsé si’án’/Wide Ruins) and Navajo-Hopi Land Commission Office Director Raymond Maxx and Deputy Director Thomas Benally.

James Zion, attorney for the Forgotten People, asked Holgate for time to examine the record since it was handed to him shortly before the hearing started.

Holgate granted Zion 30 days to review the document and to submit any written responses or questions.

The judge also ordered both parties to continue discussing the issue before the next hearing date in January.

In an impromptu meeting at Veterans Memorial Park after the hearing, Zion told the group that this was just a start.

“Today we had a victory for the Forgotten People,” Zion said to the group of about 30 people.

This document is a start in addressing the issue of when the money was received, how much was received and how it was spent, he said.

Forgotten People member Grace Smith Yellowhammer said it took a long time to obtain this financial record but the group will continue fighting until the issue is completely resolved.

“I want to see these elders win,” she said.

9/23/2011 Gallup Independent: Forgotten People gets first list of expenditures in accounting suit

Show me the money Glenna Begay (left), Leta O’Daniel and Lena Nez traveled to Window Rock Wednesday for a district court hearing on Navajo Rehabilitation Trust Fund monies. 9/23/2011 Gallup Independent: Forgotten People gets first list of expenditures in accounting suit By Kathy Helms, Dine Bureau: WINDOW ROCK – The grassroots group Forgotten People took the Navajo-Hopi Land Commission to court Wednesday and compelled the disclosure of how federal trust fund monies were spent.

In response to an accounting lawsuit filed in August 2010 by their attorney, James W. Zion of Albuquerque, Navajo Nation Assistant Attorney General Henry Howe turned over eight pages of information pertaining to how the Land Commission spent Navajo Rehabilitation Trust Fund monies designed to help Navajos displaced by the Navajo-Hopi Land Dispute.

The trust fund was established by Congress in 1974 for improvement of the economic, educational and social condition of families and Navajo communities affected by the division of the former Navajo-Hopi Joint Use Area.

Approximately 30 members of the Forgotten People, most of them elderly, traveled three hours or more from Western Navajo Agency to Window Rock District Court for the hearing before Judge T.J. Holgate.

Howe said the case involved hundreds of projects between 1990 and 2009, and that record-keeping was not very good in the early years of 1990-95. A draft summary showed expenditures amounted to $16.8 million and included $14,500 to a Navajo Nation Council delegate whose home had burned.

“They bought him a new house, and I’m going to ask why did that Council delegate get that house,” Zion said. “Why did he get a house when people on waiting lists didn’t get houses?” Howe asked the judge about the confidentiality of that information, however, Holgate said that as long as they were within the bounds of the law, he didn’t mind the discussion.

The judge also was firm about setting some time parameters for the attorneys due to a previous lack of dialog on the part of the Navajo Nation. Howe said the parties had not met because he had just been given the information. “We have given a draft summary of receipts for Mr. Zion to share with his clients and we believe this demonstrates more than a good-faith effort on the part of the Navajo-Hopi Land Commission,” he said.

Howe also offered to have all documents together by November, and to make a presentation between December and April to all chapters impacted by the trust fund.

Holgate gave the attorneys from October to December to exchange information and said he will set another hearing for January. The attorneys are to present a joint report to the judge 10 days prior to the hearing outlining what they have done.

The Navajo-Hopi Land Commission was represented at the hearing by Raymond Maxx, executive director; Lorenzo Curley, chairman; and Thomas Benally.

“The people that were here, they’re the very reason why we’re here ourselves,” Maxx said. “We serve them and they need to be more comfortable on how we handle and do things.” It takes a lot of personnel time to account for numbers, he said, and having Administration Building 1, which houses the financial section, closed due to black mold, has not helped.

“We rely on the Division of Finance for some of our numbers. When we ask for information, it takes a long time and sometimes they’re not the same, depending on who you talk to; so I hope the Nation really takes a look at funding our Finance Department adequately to where we’re accountable.”

Curley said that when he became a commission member in 2005, they were already buying property for the purpose of commerce. Back in the early 1980s, the Navajo Nation was looking at Paragon Ranch as a source of coal, and a decision was made to go after that property using Relocation funds to acquire it. Subsequently, the Nation abandoned that plan.

“Now we have thousands of acres over there, we can’t really use it for anything. My view is we’ve got to salvage this situation in some way. One of the ways that we’re looking at is to use the property for solar. There has been some talk about coal gasification and some investors have been talking with the officials about that, but we haven’t seen anything develop from that yet,” he said.

At a meeting with the Forgotten People at Veterans Park following the hearing, Zion elaborated on the court’s action.

“When Congress told the Navajo Tribe that it could take out so much land in New Mexico and so much land in Arizona, there’s a thing in there that says that any time the Navajo Nation gets that land, it is to be used for the benefit of Navajos who have not yet been relocated. What that means is Rena Babbitt Lane (who lives on HPL) owns the Twin Arrows Casino!” Zion said.

Regarding Paragon Ranch near Farmington, he said some of the relocatees went to look at the land and talked about getting homes there, but “what really happened was the Navajo Nation picked that land because of the coal, and they were going to make a whole bunch of money selling coal to the power plant.”

Congress, when it authorized $10 million a year for six years to help the Navajos that were affected by the Navajo-Hopi Land Dispute, also stipulated that the Navajo Nation had to repay that money to the United States, Zion said.

“The Congress of the United States created these two trusts. The Secretary of the Interior is responsible to oversee the trust. Where is the oversight? You’ve got another situation exactly like the Cobell case, and I’m wondering if the United States is not looking over the Navajo Nation’s shoulder to make sure you folks are treated right in all this,” he said.

Vice President Rex Lee Jim joined the Forgotten People as they sat under the trees near the statue of the Navajo Code Talker and was immediately bombarded with questions and concerns. He extended an invitation to the people to be open and honest, and to meet with him so they can work together on issues such as health, housing and water.

Edith Holmes, a U.S. military veteran from Tuba City, told Jim, “We’ve made the sacrifices. The people need to have their needs addressed. Now we hear that a casino is being built and they’re going to get the necessary amenities – infrastructure like running water and things like that – and we don’t get nothing.” When her home burned she came to Window Rock for assistance, she said. “We just get the run-around.”

Leta O’Daniel, who lives on Hopi Partitioned Land at Big Mountain, asked for Jim’s help. “All the roads to the windmills where the waters are, are all washed out,” she said. “We can’t go get water, we can’t get things we need to keep our lives moving forward, so I’m here to plead on behalf of my people. There’s many needs that need to be addressed on HPL.”

Norris Nez, a medicine man whose family once had a farm plot in Sand Springs before they were fenced off from the water sources by Hopi, said there are many other issues besides the land dispute that are affecting the people. “Water is being given away … Why aren’t you protecting those resources that are vital for the life of the people?

“The people hear a recurring theme – ‘No money,’” he said. “Because of that and problems with leadership, it feels like the lights are dimming and going out on us on the west end.”

Grace Smith Yellowhammer of Teesto said many of the youth have been made homeless by Relocation, and have turned to drugs and alcohol while living in border towns. She pleaded with Jim to make a difference. “Please, take care of our youth. One day they’re going to be like us. We don’t want them to come over here and start begging.”