Datelines
al., Marc Sills et.
Trail of Tears, Revisited BIG MOUNTAIN, ARIZONA As July 1986 draws near, so too does the deadline for enforcement of the Navajo-Hopi Land Settlement Act. Passed in 1974 and apprehensively awaited...
...Korean slabs will soon begin arriving at the new dock in Pittsburg...
...Warner Woodworth (Warner Woodworth is an associate professor of organizational behavior at Brigham Young University...
...Most of the Navajo slated for removal are going along with the Federal plan...
...Maybe we'll take to the hills," he says...
...We can't leave...
...It will include a two-tier shopping mall, hotels, a convention center, luxury high-rise apartments, and a yacht club— and a few "affordable housing units" negotiated into the deal by a city official...
...The agencies tend to use the minimums and then make rules in the plan using that...
...In January, however, Antioch received a blunt notice from the agency: The grants were going to be suspended...
...Nonetheless, Horton and several other owners affected by the proposed development have filed suit to prevent the city from seizing any other properties in the area, but many have already sold, especially after Horton's public arrest...
...A fence surrounds the lot, and a sign claims the property for the "Newport City" group, the name acquired by Glimcher's $2 billion development when the company was joined by two financiers, mall developer Melvin Simon Associates of Indiana and the Lefrak Organization, apartment builders from New York...
...And now they have a new economic worry: the possibility that hundreds of thousands of acres will be ruled off limits to save the northern spotted owl...
...The second monitoring team submitted a highly critical report on Antioch, which led Legal Services to revoke its grants...
...Over the rivers and through the hills, we rape the land to pay our bills.'" Babe Giebel stands beside his hydraulic log-loader as he speaks...
...This is how I started out twenty years ago...
...Like gypsies," he says...
...Samuel Lefrak, chairman of the latter company, calls the planned city-within-a-city "the largest job built since the pyramids...
...Steel Abandons Utah OREM, UTAH Twenty-two years ago, when Dennis Holdaway came to work at U.S...
...Beginning in the blast furnace right after graduating from high school, Holdaway— who would become the president of the steelworkers' local at the Geneva Works in Orem, Utah—started as a laborer at $2.60 an hour...
...The deal did not go through without resistance from several of the forty-nine businesses in the area, who thought the developer's offers were below market value...
...The chamber's board changed its mind about the task force...
...If you go with the minimum, you're asking for it...
...McLaughlin asked what Antioch had done wrong, and Pucher replied, "LSC wants to defund Antioch for political reasons...
...I'm still here...
...Local realtors considered the site priceless...
...Did I rob a bank?'" he recalls...
...Steel flew executives in from Pittsburgh to issue heated denials and promise a long-term commitment to Utah...
...Since the early 1950s, a curious relationship has developed among the Hopi Tribal Council, their Mormon lawyers from Salt Lake City, the Peabody Coal Company (which has a 65,000-acre strip mine on the contested territory), officials of the Interior Department, and certain members of Congress...
...Steel's finishing facility in Pittsburg, California, which had been the major customer of the Geneva Works, receiving up to 70 per cent of its product...
...The risk of failure is high...
...But Domagala had not come to get a bargain on produce...
...Pucher's comments were not the only indication of political bias...
...Giordano's has been razed...
...You don't have any wiggle room...
...With the peregrine falcon, captive breeding has had some success because there was some habitat...
...There are only about 2,000 pairs of the wide-ranging birds left in Oregon and Washington...
...Pucher declined comment...
...Agnes Pucher was a member of the new team...
...The acreage set aside for each pair is also inadequate: The Forest Service and BLM now protect 1,000 acres per pair of owls even though research demonstrates a range of2,200 acres or more...
...There is little to lose by resisting...
...To fulfill its mission, it runs a clinical program, largely funded by grants from Legal Services...
...He is still out of work, resigned now to uprooting his family and looking for a job in another state...
...This is where we started, and this is where we're gonna wind up.' " He pauses a moment, then says, "That's true enough...
...Halfway through the unloading, a police lieutenant stopped them and pointed at Horton...
...It now appears that the mill was not built far enough inland...
...As the spotted owl goes, so go a variety of other species...
...This is where I will die...
...The fiscal monitor was Quasi Woods, who happens to be black...
...When the chamber of commerce in nearby Provo set up a task force to explore the region's options in case of Geneva's demise, the steel executives showed up again, this time with a $10,000 donation toward a new building for the chamber...
...This decision came as a surprise, since a monitoring team from Legal Services had visited the school in January 1985 and given it high marks...
...Geneva, built during World War II, was sited far inland to avoid the danger of invasion...
...Already, the measures of the relocation act calling for livestock reduction and prohibiting construction have pried loose many traditional, pastoral Navajo from land that they always thought was theirs...
...My God, What Did I Do?' JERSEY CITY, NEW JERSEY Seven years ago, when Thomas Domagala of Ohio's Glimcher Corporation walked into Giordano's produce store and introduced himself, market manager Bill Horton greeted him with the same warmth and directness that made Giordano's popular with the residents of its working-class neighborhood near the entrance of the Holland Tunnel to New York City...
...We're using minimums across the board, whether it's habitat or quality of habitat," says Eric Forsman, a leading spotted-owl researcher...
...Then he said, 'If you don't sell us this property, we're going to turn it over to the city, and the city is going to condemn your property...
...Giordano's was surrounded...
...Woods may have been too black for Legal Services...
...But Arizona Senator Barry Goldwater has promised to keep the bill from ever becoming law, and the BIA has stepped up its campaign of economic incentives to persuade the Navajo to move...
...The Legal Services Corporation "wants to defund Antioch for political reasons," according to recently obtained documents...
...Did I kill somebody...
...The traditional people, though, are not giving in...
...Passed in 1974 and apprehensively awaited for twelve years now, the Act orders the partition of 1.8 million acres in northeastern Arizona known as the Joint Use Area shared among the Navajo and Hopi peoples for hundreds of years...
...There isn't for the spotted owl...
...They provide unparalleled salmon habitat, the best municipal watersheds, some of the best elk-hunting areas...
...About 3.5 million acres of the last pristine natural forest left in the United States is at stake," says Andy Stahl of the National Wildlife Federation...
...History largely bears him out...
...Judge Tony Graham, also a member of the team, noticed "a placard about El Salvador, guns, and money" hanging above a bookshelf in the clinic library...
...Domagala, however, offered $57,000...
...That is how our ancestors resisted...
...Ironically, destroying the remaining old growth won't do much to help the Northwest's troubled timber industry, whose future lies in second growth...
...The decision marks the spread of steel shutdowns beyond the East and Midwest into the Rocky Mountains and the nation's high-growth states...
...Keith Ervin (Keith Ervin is a free-lance writer based in Seattle...
...U.S...
...Times have been bad for logging companies like his that buy old-growth timber in the national forests...
...Domagala, the Glimcher's vice president for acquisitions, replied that he was there "on a friendly basis," says Horton...
...Holly Metz (Holly Metz is a free-lance writer based in Hoboken...
...We're right here...
...leaving," proclaimed U.S...
...The head of the second monitoring team, Robert Frank, asked Antioch Dean Isaac Hunt whether he had voted for Ronald Reagan, according to a memorandum from Hunt...
...As Kadanehe explains, whenever the United States has been able to use divide-and-conquer strategies against native peoples, the U.S...
...Steel can consummate a deal with "the enemy"—one of the foreign steel companies that have penetrated 60 per cent of the market in the Western United States...
...Antioch: Too Black or Too Pink...
...The Federal tactic is to maintain only enough habitat to support the "minimum viable population" of a species, a deliberate policy of keeping an endangered animal population a hair's-breadth above the level that would lead to extinction...
...The people who want you to believe that there is one are the same people who are trying to get at the energy in this land...
...It's the loggers and sawmill operators dependent on Federally owned old growth that are having the toughest time adjusting to the changing nature of the industry...
...Pucher then indicated that because of his race, the monitor had 'whitewashed' his report on Antioch...
...They need old-growth forest to survive, and they are the last real obstacle to eradication of the Pacific Northwest's spectacular rain forests...
...Then he became a journeyman and figured he was guaranteed good money for life...
...The Last of the Spotted Owls SEATTLE, WASHINGTON "You want to hear our motto...
...Some neighborhood teenagers still stop by to visit Horton...
...That was an inappropriate thing," he testified at an administrative hearing...
...More to the point, the partition and relocation will clear title to the land, greatly facilitating its development...
...In the following weeks, the store was stripped clean...
...Ms...
...At the police station, Horton was photographed and fingerprinted, then assigned a court date and released on recognizance...
...Pucher said...
...We will not abandon Geneva for greener pastures," promised senior vice president Thomas Usher in June...
...At the end of February, the House Interior Committee began consideration of a bill that would finally "settle the land dispute" with a swap of 700,000 acres between the two Indian nations, making relocation of many Navajo unnecessary...
...Today, she tells the BIA, "You can just go ahead and kill me right now...
...The plant is being dumped so U.S...
...Ostensibly, the law's purpose is to settle an alleged land dispute between the two tribes, and to grant restitution to the Hopi people who have lost much of their "aboriginal lands" since the United States assumed control in 1848...
...They told Horton the property no longer belonged to Giordano's, but to the Jersey City Redevelopment Agency...
...Its mission is to train lawyers for legal services and community-based work...
...has won and the Indians have lost...
...A judge dismissed the criminal charge in exchange for Horton's promise not to press charges against the Jersey City Police Department, the Redevelopment Agency, and the city—a promise designed to rule out legal action by the produce marketer...
...Like 2,500 other Geneva workers who preceded him into unemployment, Dennis Holdaway was laid off...
...The small guys like Babe Giebel are only buying time...
...People sometimes ask why we don't do captive breeding," says Ann E. Potter, a biologist who has tracked the birds in three parts of Washington State...
...Our umbilical cords are buried here...
...This could set off the first major uprising since the siege of Wounded Knee in 1973...
...In December, U.S...
...Steel chairman David Roderick in May 1985...
...He now believes the seizure was staged to show the other dissenting property owners what can happen to dissenters...
...The land in question happens to have about twenty-three billion tons of coal and uranium, worth $ 1 trillion, close enough to the surface to be stripped with a drag-line...
...Steel announced it was shutting down Geneva, curtailing operations over the next several years...
...In November 1984, researchers at Brigham Young University predicted that the Geneva Works would close, citing all the warning signs: trickling layoffs, an aging work force, production speedups, demands for concessions, liquidation of inventories, poor maintenance, and lack of investment in new technology...
...Horton was sitting in a restaurant near his market, having his morning coffee, when his teen-aged helpers came in to warn him that "seventeen sheriffs with shotguns" were "at the market, waiting for you to come down...
...U.S...
...Allan Ebert (Allan Ebert, a Washington-based writer whose articles have appeared in The Progressive, Newsday, Christianity & Crisis, and other publications, is a graduate of Antioch School of Law...
...How can I put this?' Ms...
...Pohang Iron and Steel of South Korea has been invited to buy half of U.S...
...Giebel looks over an expanse of virgin forest that has been ripped from the hillside...
...Forest Service and the Bureau of Land Management (BLM) try to save the spotted owl...
...Bahe Kadanehe is a young man from Big Mountain whose family's lands are split by the partition...
...The species was destroyed [in the wild] but there was a habitat niche for them to return to...
...Steel was like part of the family for Holdaway, whose father helped build the Geneva mill during World War II, whose father-in-law led the unionization drive in the late 1940s, whose brothers work there, and whose children were born and raised in the mill's shadow...
...It all ended last summer...
...Several leading biologists think the Federal agencies ought to preserve at least enough old growth to support 1,000 of the remaining pairs of owls, but current policy provides for only 550 pairs...
...The number of such "involuntary relocatees" as Katherine Smith is estimated at about 300 families, or 1,250 people...
...Steel, he had no inkling that he would ever be laid off...
...If the Act is enforced, it will be the biggest Indian relocation since the Nineteenth Century...
...Two days later, Horton went to the site with some helpers to load the remaining refrigeration units on a truck...
...That change can be made either before or after the last of the giants are cut...
...Throughout the day, demolition workers entered the premises, "broke into the building, burnt the doors off the walls, and looted" while, on the advice of his attorneys, Horton stayed in the restaurant, within viewing distance but out of the line of fire...
...It was in the library...
...He has long been an interpreter for the elders who speak no English and do not understand the white man's law...
...Antioch is appealing that decision through the administrative process...
...Pucher referred to a visit to Antioch by a fiscal monitor who had sent to LSC a favorable report," testifies Henry McLaughlin, director of Central Virginia Legal Aid Society, in an affidavit...
...Take this man," he said to two detectives, "and lock him up...
...Giordano's, for example, had once been coveted by a large Brooklyn firm that offered $500,000 for it...
...They regard the law as a death sentence that will break up families and destroy a culture centered on their livestock and agriculture economy...
...Before long, all the old mills designed to cut mammoth first-growth trees will have to be shut down or rebuilt...
...Moments earlier, he had used the loader to lift the base of a 500-year-old cedar tree onto a logging truck...
...It's a classic conflict, perhaps the classic conflict, over the use of public land...
...We have no intention of...
...The law ordered construction of a barbed-wire fence to separate the Hopi and Navajo, a 90 per cent reduction of their livestock (which these traditional herders depend on for sustenance), a halt to all building and improvements for property, and the relocation of at least 10,000 Navajo and about 100 Hopi who live on the "wrong side" of the fence...
...A new monitoring team was dispatched six months later, with a different composition and disposition...
...WASHINGTON The Reagan Administration, through the Federally funded Legal Services Corporation, has set out to destroy Antioch School of Law because it is too "pink...
...They have aroused the support of great numbers of Indians and non-Indians alike, and the likelihood has increased that Federal marshals, National Guard units, and perhaps even the U.S...
...I remember discussions that it seemed inappropriate for the environment of a law school...
...Army will be called up to enforce the relocation...
...Reflecting on his business, Horton recalls a talk he had with Giordano after Domagala first arrived...
...Faced with being criminalized for living at home, he has resolved to do what he feels honor and dignity demand...
...Glimcher Corporation is a real-estate developer, he said, and it was preparing to buy more than 200 acres of Jersey City property bordering the Hudson River, including Giordano's...
...A few days before, he had broken apart a 1,000-year-old cedar before packing it off to the shake mill...
...Antioch, based in Washington, was founded in 1972 as an alternative to traditional law schools...
...The charge was criminal trespassing...
...All want to move the Navajo off this land and see its coal and uranium as vital to their grand design for energy production in the Southwest...
...There has never been a land dispute," he says...
...Then they're going to turn around and give it to us for nothing.' " "And sure enough, what he said came true," Horton continues, as he stands on a street corner a few block from where he first met Domagala, where he now sells a limited variety of produce out of his car...
...It has drawn $40 million in Federal funds, the largest urban development action grant in history...
...After seven years, he got an apprenticeship...
...Hand-lettered signs still announce the day's bargains...
...He is impatient with questions about logging's effects on the environment...
...This is our home...
...Soon after, a detective car pulled up, followed by city police...
...The reports of our death are greatly exaggerated," said Geneva Works manager Warren Bartel last fall...
...And they told him to unload the truck...
...Marc Sills (Marc Sills, a student of international studies at the University of Denver, has visited Big Mountain many times over the past six years...
...Others militantly oppose what they see as a land grab...
...I said, 'My God, what did I do...
...She said Antioch was at least "pink" and "even had an account which included the word 'Marxist' in it...
...The old-growth forests are among the most spectacular forests...
...If you provide any species with minimum habitat, minimum quality, and minimum population, it's unlikely that they're going to thrive...
...I told him the property is not for sale," Horton recalls...
...The corporate giants— the Weyerhaeusers and the Scott Papers—have already made the move...
...and then stated that the monitor was black...
...In disbelief, Horton went outside and looked down the block...
...Katherine Smith, a grandmother from the Big Mountain community, was arrested a few years ago for shooting her rifle over the heads of a crew sent by the Bureau of Indian Affairs (BIA) to build a fence on the partition line...
...And last winter, Giordano's was, as Horton puts it, "taken by force...
...I said, 'Where are we gonna go...
...The fate of the last large blocks of pre-Columbian forests left on this continent now depends on how hard the U.S...
Vol. 50 • May 1986 • No. 5
