95 Cal. Daily Op. Serv. 7157, 95 Daily Journal D.A.R. 12,233 Vernon Masayesva, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on Behalf of the Hopi Indian Tribe v. Peterson Zah, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe, for and on Behalf of the Navajo Indian Tribe, Evelyn James, Intervenors

65 F.3d 1445 95 Cal. Daily Op. Serv. 7157 , 95 Daily Journal D.A.R. 12,233 Vernon MASAYESVA, Chairman of the Hopi Tribal Council of the Hopi Indian Tribe, for and on behalf of the Hopi Indian Tribe; Plaintiff-Appellant, v. Peterson ZAH, Chairman of the Navajo Tribal Council of the Navajo Indian Tribe, for and on behalf of the Navajo Indian Tribe, Defendant-Appellee. Evelyn James, et al., Intervenors. No. 93-15109. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1995. Decided Sept. 11, 1995. As Amended on Denial of Rehearing and Rehearing En Banc Dec. 5, 1995. James E. Scarboro, Arnold & Porter, Denver, CO, for plaintiff-appellant. Terry E. Fenzl, Brown & Bain, Phoenix, AZ, for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before: CHOY, POOLE and KLEINFELD, Circuit Judges. KLEINFELD, Circuit Judge: 1 We affirm in most but not all respects the district court decision dividing land between the Hopi and Navajo tribes. The issues arise from application of a statute Congress passed to deal specifically with this dispute. 2 I. Litigation History. 3 For centuries, the Hopi and Navajo peoples have disagreed…