adequate resources, both funds and personnel. Therefore I will request that some consideration be given to the issue of funding. The contract thing is, of course, the biggest objection that we would have-the prohibition against contracting that is contained in H.R. 498, and if any similar provision were to be placed in any legislation on the Senate side, I indicated in my testimony that the Tohono O'odham Nation does strongly object to that, for the simple reason that we have been contracting for criminal investigative functions since 1982. At the time that the tribe made the decision to contract for all of law enforcement, patrol and criminal investigations, we had to receive the approval of the Assistant Secretary because the position of the Bureau at the time was that criminal investigation was not a contractible function. We went through the process of administrative appeals and were successful, resulting in the Assistant Secretary determining that the tribe could legally contract for criminal investigative functions. We would be opposed to any provision that would either prohibit us from continuing to carry out that function, or that would prohibit any tribes who desire and who are capable of carrying out the functions of criminal investigations to be able to do that in the future. Thank you. [Prepared statement of Judge Manuel, and additional materials submitted for the record, appears in appendix.] The CHAIRMAN. Thank you very much, Judge Manuel. STATEMENT OF MAJOR GEORGE JOHN, ACTING CHIEF OF Major JOHN. Thank you, Honorable Chairman and members of the committee. At this time I would like to defer the testimony on behalf of the Navajo Nation to our Attorney General, Mr. Herb Yazzie. The CHAIRMAN. Mr. Yazzie. STATEMENT OF HERB YAZZIE, ATTORNEY GENERAL, NAVAJO NATION DEPARTMENT OF JUSTICE, WINDOW ROCK, AZ Mr. YAZZIE. Thank you, honorable members of the Senate Select Committee on Indian Affairs. I wish to ask the panel-I know you are all interested, by the comments made earlier, in the situation on the Navajo Nation. If you prefer, we can give you a factual report of the situation and then go into my testimony. The CHAIRMAN. The tragedy that occurred in your nation is of immediate interest to all of us. So if you are able to advise us on what happened, we welcome you, sir. Mr. YAZZIE. Thank you. You have all heard about the civil disturbance on the Navajo Nation yesterday. The Major will give you a factual report on the situation. We give you this report because we are aware of your interest in and concern for the Navajo Nation. Prior to that report I just want to state, as the Attorney General, that the actions last night were instigated by a few individuals with personal interests who have shown a propensity not to comply with tribal law and tribal court orders. The civil disturbance was fueled by a rumor that the United States Attorney had dismissed or cleared the charges against Peter MacDonald, Sr., and was also fueled by the action of Mr. MacDonald himself, issuing a so-called "executive order" directing the former police chief to reassume control of the Nation's police force. This is all contrary and in direct violation of tribal court orders. At this time I would have the Major give the factual report. Basically what happened is this. Around 6 o'clock yesterday afternoon there was a mob consisting of MacDonald supporters, numbering around 150 to 200 individuals, who were armed with 2 by 4s and baseball bats who moved on the Administration/Finance Building in Window Rock, Arizona. In the process, a handful of Navajo police officers responded to the scene to control the crowd that was coming in. One of the supervisors on the scene, while attempting to negotiate and communicate with the leaders of the group, was taken by the crowd, handcuffed, his weapon taken away, and a rope tied around his legs, and he was dragged around by the crowd for a period of time. In the process of rescuing this officer, additional Navajo police officers responded. They were met with resistance by the mob. The mob moved in on the officers and a confrontation, consisting of a scuffle, occurred between the mob and the officers, and another officer's weapon was taken away. It was at this time that one of the individuals in the crowd fired a shot at a police sergeant, requiring the sergeant to return fire, shooting the individual, who was later pronounced dead at the local Public Health Service hospital. The victim was a 50-year-old Indian male. The report that we have right now is that the weapon that was used was the weapon of one of the officers, that was initially taken away from the supervisor on the scene. At this time the mob moved in on the Administration/Finance Building and attacked the officers who were attempting to secure the building. Another individual, a 26-year-old Indian male, was shot. This individual was shot as he was ready to hit an officer with a 2 by 4. The officer had been knocked down to the ground by the crowd. This individual was later also pronounced dead at the Public Health Service hospital in Gallup, New Mexico. At this point, because of the crowd's attempt to move in on the Administration/Finance Building, one of the officers fired a shotgun. Based on information we have received, four additional individuals were hit by the shotgun blast. At this time two of those individuals are in critical condition at the local Public Health Service hospital. Based on preliminary information we have received, it appears that the crowd's intentions were to move in on the Administration/ Finance Building, because once they had broken into the building by shattering the plate glass door into the facility, they were seen removing some documents. It is our belief at this time that some of those documents are in the form of blank travel checks. The latest information that we have, as I indicated earlier, is that two individuals have died of gunshot wounds; nine officers were injured; and several police vehicles were damaged. According to the latest estimate of the situation, it is our estimate that the situation is under control. We have asked for assistance from the Bureau of Indian Affairs and we have assistance in the form of six criminal investigators, who are on the scene. The Federal Bureau of Investigation was notified upon the death of one of the individuals last night, and as of this morning they have not responded to initiate the investigation. Mr. YAZZIE. Thank you. Once again, these events demonstrate the need-and it hits at the heart of our discussion here-for quicker response by the Federal Government to the needs and the requests of the Navajo Nation. Perhaps the events of last night would not have happened if the Federal response, in terms of investigation and prosecution of the lawbreakers, had been implemented sooner. That is the report that we wish to give. If you have any questions, we would be happy to answer them, or I will go into my testimony on the legislation. The CHAIRMAN. Please proceed with your testimony. Mr. YAZZIE. Before going into my testimony, if I may, I would like to introduce three members of the Navajo Tribal Council who are here with us: Mr. George Herrera, Mr. Wallace Tsosie-Mr. Tsosie is the Chairman of the Public Safety Committee of the Navajo Tribal Council; these two gentlemen, here-and Mr. Nelson Thompson, who is with us, also from the Tribal Council. The CHAIRMAN. Gentlemen, welcome. Mr. YAZZIE. I would like to commence the testimony for the Navajo Nation by giving you a little bit of the history of law enforcement for the Nation. It is a department within the Navajo Division of Public Safety. The department has primary responsibility for police, detention, and criminal investigation functions and activities on the Navajo reservation itself and the adjoining Navajo country. Since January 1959, the Navajo Nation has operated the "law and order" or police operations and detention programs, initially as programs funded by the tribal government itself. In October 1976 the Navajo Nation contracted the law enforcement and detention programs from the Bureau of Indian Affairs under Public Law 93638. In January 1989, after 13 years of developing experience and confidence through this contracting process, we felt prepared to assume further law enforcement responsibility. As a result, we contracted with BIA for the criminal investigation function, which we are presently fulfilling. H.R. 498 proposes to exempt the investigative function of the BIA Division of Law Enforcement Services from the contracting requirements of the Indian Self-Determination Act. We emphasize today that the Navajo Nation stands strongly opposed to this provision. The exemption of such a basic function of the Navajo Nation from the 638 requirement degrades the sovereignty of our government, ignores economic realities, and disregards the progress and potential of our law enforcement system. This proposed legislation represents a frontal attack to the sovereign powers of the Navajo Nation. It comes at a critical phase for the tribe. The Navajo Nation's ability to prudently and effectively exercise its sovereign powers, including enforcement of laws, has never been more evident than it has been in the last six months. Through the trials and reforms of our recent troubled period, the Navajo Nation has proven its integrity for self-governance. At this point I would mention, in response to a comment by Federal officials earlier, that it is the Navajo Nation's position that the integrity of the Nation's police force has always been there, and it has proven itself. During this time, the just and competent enforcement of the law - by the Navajo Nation's own people has been vital to the restoration of order and sovereignty for the tribe. The Navajo Nation has undertaken other 638 contracts, and it has proven itself under those contracts-such as social services, substance abuse, education, and vital statistics. The amendments to the act which were passed last October gave further evidence of the Federal Government's belief in the importance of Indian nations caring for their own people. The removal of the criminal investigative functions from 638 will create a greater presence of the Bureau of Indian Affairs in Indian country. This directly contradicts the intent of Congress in passing and amending the Indian Self-Determination Act. The exemption provided by the proposed law also ignores economic realities facing the Federal Government, as well as the economic potential of law enforcement programs in Indian country. The budget for FBI law enforcement activities on Indian reservations has been reduced annually. The BIA budget for law enforcement activities has continually been confronted by budget_reductions. The U.S. Attorney's Office budget has also suffered. Current estimates forecast similar and larger cuts due to the fierce economic pressures confronting the Congress. During an era of such economic limitations it is ill-advised to shift the burden for law enforcement in Indian country back to these Federal agencies. In the midst of these budget cuts, the Navajo Nation has proudly shouldered the responsibility for law enforcement programs. Since taking over the criminal investigation component of law enforcement services on January 1, 1989, the Navajo Department of Law Enforcement has dedicated three times the workforce as had been provided by the Bureau of Indian Affairs. We have witnessed an improvement in the law enforcement services provided to our people in these past few months, and we look forward to the opportunity to continue to improve these services through further training and experience. The judicial system of both governments is better served when the procedural trail from the commission of the crime to the courthouse is tread by the same law enforcement agent. The previous bifurcated system, whereby the Navajo Police Department as the agency of first response and the BIA would later take over the case, proved burdensome and inefficient. In a land where geographic distances are great and the crime rate is increasing with the population, intelligent use of resources is critical. Waste cannot be afforded. The exemption of 638 requirements also disregards the progress made by the Navajo Nation. We feel that this progress has primarily been the result of the cultural sensitivity of Navajo law enforce ment officials for their own people. The importance of this sensitivity and understanding of both the Navajo language and tradition cannot be overestimated, especially in a discipline as delicate as criminal investigation. Despite the fact that a portion of the Navajo population is bilingual, many Navajos speak only their native tongue and are unable to communicate with English-speaking BIA officers. Young women who have been molested are less reticent to tell their stories to officers who speak their own language. Old men who have herded sheep or created silverwork all their lives are less intimidated when questioned by those who understand their cultural guidelines. One example of the importance of this cultural understanding and sensitivity occurred, as I am sure you are aware, in December 1987 when two of our police officers were murdered in a remote section of the Nation. The Federal Bureau of Investigation sent a team of their investigators to the area to work on the case. The area residents who were privy to the events surrounding the incident were resistant to supplying the needed information to the Federal outsiders. The diligent efforts of the Navajo Department of Law Enforcement criminal investigators who assisted in the case proved to be the link which resulted in the conviction of the murderers. The case was solved and justice was served because the Navajo officers understood the subtleties of communication in such a delicate situation. In addition, the U.S. Attorneys have shown their increasing confidence in the abilities of the Navajo criminal investigators. Since 1982 tribal investigators, by agreement with the U.S. Attorneys, have conducted all investigations of vehicular homicide cases in Navajo country. This partnership has a proven record of success which is based upon a spirit of increasing trust and cooperation between the Navajo Nation and the U.S. Attorneys in the Federal prosecution of those cases. I would like to conclude my remarks by telling you myself just how serious the Navajo Nation is about law enforcement in Navajo country. As Navajos, we traditionally have placed great emphasis on the welfare and protection of our families and communities. We can never lose sight of the fact that the life and well-being of our families is dependent upon the continued success of our efforts. No responsibility can be more important than this. I therefore urge you to reject the provisions of H.R. 498 which exempt the investigative function of the BIA Division of Law Enforcement Services from the contracting requirements of the Indian Self-Determination Act. Last, as a comment on some of the earlier comments, I would say that if there are any modifications of the proposed legislation where standards are to be set by the Federal Government, at a minimum we urge the Congress to ensure that the Navajo Nation and all other tribal governments be consulted about those provisions, rules, and regulations prior to the promulgation of those regulations. Thank you. [Prepared statement of Mr. Yazzie appears in appendix.] |