Free Joint Status Report - District Court of Federal Claims - federal

Case 1:88-cv-00508-EGB

Document 86

Filed 12/28/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff, ) v. ) ) THE UNITED STATES, ) ) Defendant, ) _________________________________________ )

THE NAVAJO NATION,

No. 508-88L Senior Judge Eric G. Bruggink

JOINT STATUS REPORT On April 2, 2001, the Court issued an Order in which it directed the parties to file a status report on or before July 31, 2001, and every 120 days thereafter, advising the Court as to the status of the litigation in Masayesva v. Zah, 65 F.3d 1445 (9th Cir. 1995), cert. denied, 517 U.S. 1168 (1996) ("1934 Litigation"). Pursuant to that Order, the parties hereby submit the following status report: 1. Until recently, the 1934 Litigation was pending before the federal district court in

Arizona on remand from the Ninth Circuit Court of Appeals regarding the Hopi Tribe's claims to approximately one-half of the Bennett Freeze area based upon religious use. 2. On November 3, 2006, the Navajo Nation and the Hopi Tribe signed an

Intergovernmental Compact. The Secretary of the Interior also signed the Intergovernmental Compact to reflect the Department of the Interior's approval of the document. The Intergovernmental Compact purported to resolve all outstanding issues in the 1934 Litigation. 3. On December 1, 2006, the Intergovernmental Compact and a Stipulation for Entry

of Order and Final Judgment was submitted to the federal district court in Arizona. 4. On December 4, 2006, the federal district court in Arizona approved the

Intergovernmental Compact and entered final judgment. See Ex. 1. The district court's order

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states that as a result of the Intergovernmental Compact, "no lands are any longer `in litigation' for purposes of 25 U.S.C. § 640d-9(f), and that the restrictions on development contained in that statute, commonly known as the `Bennett Freeze,' are of no further force or effect." Id. at 4, ¶ 7. 5. The parties to the instant lawsuit have discussed the Intergovernmental Compact

and have had preliminary discussions about the most efficient way to proceed in this case. The parties agree that additional time is needed to fully discuss and explore the available options. Hence, the parties propose submitting a further status report in this action on or before February 28, 2007, at which time the parties will propose to the Court a recommended course of action for further proceedings. Dated: December 28, 2006 Respectfully submitted, BRUCE R. GREENE M. CATHERINE CONDON Greene, Meyer & McElroy, P.C. 1007 Pearl St., Ste. 220 Boulder, Colorado 80302 (303) 442-2021 (phone) (303) 444-3490 (fax) PETER J. OSETEK 412 E. Huron Street Ann Arbor, Michigan 48104 (734) 769-4500 Counsel for the NAVAJO NATION By: s/ Bruce R. Green by s/ G. Evan Pritchard Bruce R. Greene

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WILLIAM J. SHAPIRO Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 501 I Street, Suite 9-700 Sacramento, California 95814 (916) 930-2207 (phone) (916) 930-2210 (fax) EVAN PRITCHARD Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 601 D Street, NW Washington, DC 20004 (202) 305-0203 (phone) (202) 305-0506 (fax)

Counsel for the UNITED STATES OF AMERICA By: s/ William J. Shapiro by s/ G. Evan Pritchard William J. Shapiro

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