The Wailing Wind Part 19

The Navajo Nation currently has 6,184 miles of roads. 1,373 miles are paved and 4,811 miles, or seventy-seven (77) percent, are dirt or gravel. According to the 1990 Census, of the 56,372 housing units on the Navajo Nation, 29,099 homes, or fifty-one (51) percent, lack complete plumbing and 26,869 homes, or forty-eight (48) percent, do not have complete kitchen facilities.

Federal/Navajo Nation Relations: The existing federal-tribal government-to-government relationship is significant given that the United States has a unique legal relationship with Indian tribal governments as set forth in the Const.i.tution of the United States, treaties, statutes, Executive Orders, and court decisions. Since the formation of the Union, the United States has recognized Indian tribes as domestic dependent nations under its protection and has affirmed the Navajo Nation's sovereignty.

In Senate Report 100-274, the Senate Committee on Indian Affairs described the current federal policy in the following fashion: The federal policy of Indian self-determination is premised upon the legal relationship between the United States and the Indian tribal governments. The present right of Indian tribes to govern their members and territories flows from a preexisting sovereignty limited, but not abolished, by their inclusion within the territorial bounds of the United States. Tribal powers of self-government today are recognized by the Const.i.tution, Acts of Congress, treaties between the United States and Indian tribes, judicial decisions and administrative practice. The federal policy of Indian self-determination is premised upon the legal relationship between the United States and the Indian tribal governments. The present right of Indian tribes to govern their members and territories flows from a preexisting sovereignty limited, but not abolished, by their inclusion within the territorial bounds of the United States. Tribal powers of self-government today are recognized by the Const.i.tution, Acts of Congress, treaties between the United States and Indian tribes, judicial decisions and administrative practice.

A fundamental attribute of the federal policy in Indian affairs is the trust relationship that exists between the United States and Indian tribes. The trust relationship was conceptualized by Chief Justice John Marshall in Cherokee Nation vs. Georgia Cherokee Nation vs. Georgia, 30 U.S. (5Pet) 1 (1831). The trust relationship currently and the trust principles first articulated in Cherokee Nation Cherokee Nation remain operable today. Trust duties set the standard of conduct for federal officials and Congress in their dealings with Indian tribes. It has created the basis for causes of action against the United States and its officials for breach of these duties and has been employed to establish and protect the rights of Indian tribes and individuals. remain operable today. Trust duties set the standard of conduct for federal officials and Congress in their dealings with Indian tribes. It has created the basis for causes of action against the United States and its officials for breach of these duties and has been employed to establish and protect the rights of Indian tribes and individuals.

In the Navajo Nation context, the United States Supreme Court in Williams vs. Lee Williams vs. Lee, 358 U.S. 217 (1959) limited the authority of the state court to adjudicate a matter that arose on the Navajo Nation. The Supreme Court stated: The cases in this Court have consistently guarded the authority of Indian governments over their reservations. Congress recognized the Navajos in the Treaty of 1868, and has done so ever since. The cases in this Court have consistently guarded the authority of Indian governments over their reservations. Congress recognized the Navajos in the Treaty of 1868, and has done so ever since.

The Navajo Nation relies on the Treaty of 1868, the trust relationship and federal policy, in its dealings with the United States.

Editor's note: In October 2002 this material could be found at http://www.nnwo.org/nnprofile.htm. It is reprinted here with the permission of the Navajo Nation Washington Office.

ABOUT THE AUTHOR.

TONY H HILLERMAN is past president of the Mystery Writers of America and has received its Edgar and Grand Master Awards. His other honors include the Center for the American Indian's Amba.s.sador Award, the Silver Spur Award for the best novel set in the West, and the Navajo Tribe's Special Friend Award. He lives with his wife, Marie, in Albuquerque, New Mexico. is past president of the Mystery Writers of America and has received its Edgar and Grand Master Awards. His other honors include the Center for the American Indian's Amba.s.sador Award, the Silver Spur Award for the best novel set in the West, and the Navajo Tribe's Special Friend Award. He lives with his wife, Marie, in Albuquerque, New Mexico.

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