Archive for the 'Hopi and S.B. 2109' Category

Nuvamsa requests Secretary of the Interior to withdraw SB 2109 and HR 4067 from Congressional legislative process

November 8, 2012

The Honorable Ken Salazar

Secretary – Department of the Interior

1849 C Street, NW

Washington, DC 20240

Dear Secretary Salazar:

Mr. Secretary, I write this letter to you on behalf of our Hopi and Tewa Senom (People), our traditional leaders and our village governments concerning Senate Bill 2109, “Navajo and Hopi Little Colorado River Water Rights Settlement Act of 2012”. As you know, Arizona Senator Jon Kyl introduced S.2109 to the United States Senate on February 12, 2012. Arizona Senator John McCain co-sponsored this bill. And on February16, 2012, Arizona Congressman Ben Quayle introduced a companion bill, House Resolution No. 4067.

At a historic Hopi Tribal Council meeting on June 15, 2012, held at the Hotevilla Youth/Elderly Center on our reservation, the Hopi Tribal Council enacted Resolution H-072-2012 that formally rejected S.2109 by the Hopi Tribe. A copy of Resolution H-072-2012 is enclosed for your information.

The Hopi Tribal Council enacted this Resolution after our Hopi and Tewa villages, our traditional leaders, our village governments, and tribal members overwhelmingly objected to and rejected S.2109. Several of our past elected Hopi tribal leaders also objected to S.2109 and supported the enactment of Resolution H-072-2012. Enclosed are copies of proclamations and resolutions adopted by our villages and traditional leaders. Also enclosed is a copy of Action Item H-065-2012 endorsed by the past Hopi elected leaders which resulted in the passage of Resolution H-072-2012.

But, we understand Hopi Chairman LeRoy Shingoitewa and certain members of the Hopi Tribal Council will be attending a meeting at the Department of Interior, sponsored by your office, to discuss the proposed changes to S.2109. The Hopi and Tewa Senom vehemently object to this meeting and any attempt to revise S.2109 without prior consultation with us and without our concurrence.

Be advised that Chairman Shingoitewa, the Hopi Tribal Council and the Hopi Water & Energy Team do not have the authority to negotiate S.2109 and any amendments thereto. Resolution H-072-2012 specifically prohibits Chairman Shingoitewa and the Hopi Water & Energy Team from further negotiations of S.2109. This Resolution has never been amended or rescinded, so it is in full force and effect. Consequently, Chairman Shingoitewa does not have the authority to sign the Water Settlement Agreement on behalf of the Hopi Tribe.

The Constitution and By-Laws of the Hopi Tribe, adopted in 1936, is not like other typical Indian Reorganization Act (IRA) constitutions of other tribal nations. The Hopi Constitution acknowledges the traditional and inherent powers of our villages. Our traditional villages are autonomous villages that still maintain their “Inherent Aboriginal Sovereignty” and powers of self-government. Please refer to the enclosed copy of the Hopi Tribal Appellate Court’s Final Answer to Bacavi Village’s Certified Question of Law that addresses the traditional, inherent powers of our villages.

Our villages are the rightful owners of water rights. The authority to negotiate water rights is authority reserved to our villages; and is authority not delegated to the Hopi Tribal Council in the Hopi Constitution. The Hopi Constitution was a “boiler plate” constitution authored by and provided by the United States. As such, the United States already understands that any negotiation and agreement regarding our water rights can only be agreed to with full concurrence and approval of our villages.

Water right is a property right. It is a sacred right of our villages. Any action by Chairman Shingoitewa, the Hopi Tribal Council and other parties may be unconstitutional and may constitute a wrongful taking of property without just compensation under Federal and Hopi tribal law. The Indian Civil Rights Act of 1968 prohibits any Indian tribe from taking private property for public use without just compensation. Thus, our villages would have legitimate claims for compensation for the unlawful taking of their water rights if the Hopi Tribe and other parties proceed with negotiating and pursuing the passage of S.2109.

Mr. Secretary, water is sacred and is central to our Hopi way of life. As Hopi Senom, we have a sacred covenant with our caretaker, Maasau, to protect our traditions, ceremonies and our natural resources. Important matters such as land, water and other natural resources are properly addressed by our traditional leaders and villages. Therefore, we respectfully request that you facilitate the formal withdrawal of S.2109 and H.R. 4067 from the Congressional legislative process.

With Respect,

Benjamin H. Nuvamsa

Village of Shungopavi (Hönwugnwa – Bear Clan)

Former Hopi Tribal Chairman

Enclosures

cc: Honorable Senator Jon Kyl, United States Senate

Honorable Senator John McCain, United States Senate

Honorable Daniel Akaka, Chairman, Senate Committee on Indian Affairs

Honorable Ben Quayle, Representative, House of Representatives

Honorable Kevin Washburn, Assistant Secretary – Indian Affairs

Hopi Traditional Leaders

Hopi Villages

Hopi Tutuveni

Hopi leaders demand stop to further negotiations on SB 2109

November 8, 2012

Honorable Hopi Tribal Council

We find it necessary to write this letter to you concerning Senate Bill 2109, “Navajo and Hopi Little Colorado River Water Rights Settlement Act of 2012”, to instruct you that you must immediately direct Hopi Chairman Leroy Shingoitewa, Council Representative George Mase, and certain members of the Hopi Water & Energy Team, to stop any further negotiation of S.2109 (and H.R. 4067) and the Settlement Agreement.

On June 15, 2012, at a duly constituted Hopi Tribal Council meeting held at the Youth/Elderly Center in the Village of Hotevilla, the Hopi Tribal Council voted, 11 for, and 4 against, to approve Action Item No. H-065-2012, which resulted in the passage of Resolution H-072-2012 (copy attached for your reading). Voting for passage were: Vice Chairman Herman Honanie, Davis Pecusa (Bacavi), Gayver Puhuyesva (Bacavi), Nada Talayumptewa (Kykotsmovi), Carlene Quotskuyva (Kykotsmovi), Rebekah Masayesva (Kykotsmovi), Danny Honanie (Kykotsmovi), Bruce Fredericks (Upper Moenkopi), Leroy Sumatzkuku (Upper Moenkopi), Wayne Kuwanhyoima (Upper Moenkopi), Danny Humetewa (Upper Moenkopi). Voting against were Alph Secakuku(Sipaulovi), George Mase (Sipaulovi), Cedric Kuwaninvaya (Sipaulovi); and Leroy Kewanimptewa (Bacavi).

Resolution H-072-2012 rejected S.2109; and directed Chairman Shingoitewa and the Hopi Water & Energy Team to cease any further negotiation of S.2109. The Resolution also directs Hopi Chairman Shingoitewa to formally notify Senator Jon Kyl and appropriate departments of the Federal government of the Hopi Tribe’s rejection of S.2109.

Our villages, traditional leaders and tribal members overwhelmingly rejected S.2109. They issued village proclamations and resolutions, and wrote letters stating their rejection of S.2109. We attach copies for your reading. At the June 15, 2012 tribal council meeting, there was unanimous opposition to S.2109 by our villages, traditional leaders and tribal members. Not one village, traditional leader, and tribal member spoke in favor of S.2109.

The mandate of the Hopi Senom is very clear, yet Hopi Chairman Leroy Shingoitewa, George Mase and certain members of the Hopi Water & Energy Team continue to negotiate S.2109 and its accompanying Settlement Agreement. Other council representatives are also supporting and are facilitating these negotiations. This is an outright violation of H-072-2012 and constitutes “gross neglect of duty” by Shingoitewa, Mase and certain members of the Hopi Water & Energy Team, and other tribal council representatives who are supporting Shingoitewa’s continuing negotiations.

As members of the Hopi Tribal Council, you are allowing the illegal spending of millions of the tribe’s money (our money) on attorneys on this illegal activity by your failure to stop Shingoitewa and Mase. You are allowing Shingoitewa, Mase and others to spend money illegally on their trips to meet with the Department of Interior officials and other LCR negotiating parties. All expenses beginning June 15, 2012, to continue negotiating S.2109 and the Settlement Agreement are improper and illegal.

The authority to negotiate village water rights under S.2109 is authority that is not granted to the Hopi Tribal Council by the Constitution & By-Laws of the Hopi Tribe. Thus, Leroy Shingoitewa, George Mase and certain members of the Hopi Water & Energy Team do not have the authority to be negotiating S.2109 and the Settlement Agreement. Moreover, Resolution H-072-2012 specifically prohibits Leroy Shingoitewa, as Tribal Chairman, and the Hopi Water & Energy Team from any further negotiations of S.2109.

We encourage you to study the attached Resolution H-072-2012, particularly the second recital. It points out your duties and obligations as tribal council representatives as mandated by the Hopi Constitution. Also study the By-Laws of the Hopi Tribe, at ARTICLE I – DUTIES AND QUALIFICATIONS OF OFFICERS, Section 3, where it requires you, as tribal council representatives, to “truly represent the people of their villages”.

We also remind you of the Hopi Appellate Court’s Final Answer to the Bacavi Village Certified Question. In answering Bacavi Village’s Certified Question, the Court spoke to the authorities of our villages. The Court said “(p)rior to the initial drafting and adoption of the Hopi Constitution in 1936 there was no central Hopi government. Rather, the people comprising the Hopi Tribe lived in 12 self-governing Villages, each of which retained its own aboriginal sovereignty”. The Court also said “the entire structure of the Hopi Constitution indicates that the authority of the central government rests on the bedrock of the aboriginal sovereignty of the Hopi and Tewa villages”.

The Hopi Tribal Council operates on the limited authorities granted it by the villages; and any authority not specifically included in the Hopi Constitution is authority retained by the villages. The authority to negotiate village water rights is authority that has not been granted the Hopi Tribal Council by the villages.

We are aware of meetings being held and attended by Chairman Shingoitewa, George Mase, certain members of the Hopi Water & Energy Team, and their attorneys. We are aware of the scheduled November 14, 2012, meeting with Department of Interior Secretary Ken Salazar in Washington, D.C. We are also aware that certain representatives of the villages of Mishongnovi, Sipaulovi and Upper Moenkopi plan to attend this meeting in Washington, D.C.

We recently obtained a copy of proposed revisions to S.2109 that has been the topic of illegal negotiations by Shingoitewa, Mase and certain members of the Water & Energy Team. While the Navajo Nation Council committees shared this document with its constituents for their comment, Leroy Shingoitewa, George Mase and certain members of the Hopi Water & Energy Team found it convenient to keep this document secret and not share with Hopi villages and tribal members. You will recall we had to go to other sources to obtain a copy of the original S.2109.

It is clear that the Hopi Tribal Council does not have authority to negotiate S.2109 and the Settlement Agreement. And by majority vote in enacting Resolution H-072-2012, you directed Chairman Shingoitewa and the Hopi Water & Energy Team to cease any further negotiations of S.2109, but to date, they have defied your legislative mandate. Therefore, we want you to direct Chairman Shingoitewa, George Mase and the Hopi Water & Energy Team to stop any further negotiation of S.2109 and the Settlement Agreement. This is your duty and obligation to our villages and members of the Hopi Tribe.

We also want you to cancel Chairman Shingoitewa’s, George Mase’s, and certain tribal representatives’ trip to attend the November 14, 2012 meetings in Washington, D.C. Finally, we demand that you direct that letters be written to Senator Jon Kyl, Senator John McCain, Senator Daniel Akaka, and Representative Benjamin Quayle, to withdraw S.2109 and its companion bill, H.R. 4067, with copies of the letters to Interior Secretary Ken Salazar.

We fully expect that you will comply with our demands and respect the will of the Hopi Senom. Your failure will constitute your “serious neglect of duty”; and may require further legal action.

Respectfully,
/s/ Benjamin H. Nuvamsa
______________________________________, Former Hopi Tribal Chairman
/s/ Vernon Masayesva
______________________________________, Former Hopi Tribal Chairman
/s/ Ivan Sidney, Sr.
______________________________________, Former Hopi Tribal Chairman
/s/ Clifford B. Qötsaquahu
______________________________________, Former Hopi Tribal Vice Chairman
/s/ Phillip R. Quochytewa, Sr.
______________________________________, Former Hopi Tribal Vice Chairman
/s/ Todd H. Honyaoma, Sr.
______________________________________, Former Hopi Tribal Vice Chairman
/s/ Caleb H. Johnson
______________________________________, Former Hopi Tribal Vice Chairman
Attachments

cc: Honorable Senator Jon Kyl, United States Senate
Honorable Senator John McCain, United States Senate
Honorable Senator Daniel Akaka, Chairman, Select Committee on Indian Affairs
Honorable Representative Benjamin Quayle, House of Representatives
Honorable Secretary Ken Salazar, Department of the Interior
Honorable Assistant Secretary – Indian Affairs, Kevin Washburn, BIA
Hopi Traditional Leaders
Hopi Villages
Hopi Tutuveni

THE ARIZONA REPUBLIC: “Hopi Tribe unfairly blamed in water-settlement collapse” by LeRoy N. Shingoitewa

The following letter is an opinion piece that Hopi Tribe Chairman LeRoy Shingoitewa published in The Arizona Republic on August 27, 2012. http://www.azcentral.com/arizonarepublic/opinions/articles/20120823hopi-tribe-water-settlement-collapse.html

Hopi Tribe unfairly blamed in water-settlement collapse

by LeRoy N. Shingoitewa

I was disappointed to see the Hopi Tribe’s position on the Little Colorado River water settlement so badly mischaracterized in a Viewpoints column written by U.S. Sens. Jon Kyl and John McCain (“An endless water fight,” Aug. 12).

The settlement would resolve the rights of many parties to water in the Little Colorado’s basin and was reached after 13 years of negotiations between the Hopi Tribe, the Navajo Nation, and numerous federal and state parties.

I am acutely aware of the need for water for our people. More than 40 percent of the homes on the Hopi Reservation have no running water or indoor plumbing. Many Hopi villages receive water with more than four times the allowable levels of arsenic. Water for another village is threatened by uranium pollution. We participated in the settlement negotiations to resolve these problems. There are no Hopi Tribal Council representatives who prefer litigation over settlement.

Despite our support for the settlement, the Hopi Tribal Council also voted to oppose certain provisions in Kyl’s implementing legislation that are extraneous to the water-rights settlement. Specifically, the Council objected to provisions requiring the Navajo Nation to provide water for the Navajo Generating Station or to renew coal-mining leases. Hopi negotiators did not participate in “crafting” these sections.

While these issues are very important, they are not related to ensuring an adequate, sustainable supply of water for our people. Combining these two issues was both unwise and unnecessary.

We informed Kyl of our objections when he joined these two issues. We also communicated the reasons for our position on the proposed legislation. Prior to his column, we submitted suggestions to make the legislation consistent with the settlement agreement. We asked him to remove provisions from the legislation that have nothing to do with the water settlement and to clarify ambiguities in the legislation to comport with assurances we received during the negotiating process. Unfortunately, we have yet to receive a response.

Kyl and McCain unfairly blame the tribes for rejecting the settlement, even though on July 5 the Hopi Tribal Council voted to approve the settlement. All the parties to the settlement negotiations are responsible for the outcome, not just the Hopi Tribe. The state and private parties, who spent millions of dollars on legal fees for the negotiations, will have to answer to their ratepayers and customers for what is now a failed settlement.

Unfortunately, it appears Kyl and McCain have given up hope of enacting legislation to implement the settlement. We are disappointed.

I suspect many of the private parties in northeastern Arizona — who negotiated long and hard for the certainty they desire — are equally disappointed that their interests were overwhelmed by the generating station. After all, none of the power produced by the generating station is consumed in our region. It all subsidizes the pumping of Central Arizona Project water to Phoenix and Tucson.

With all due respect to Kyl, if he had not insisted on including the generating-station issue, the water settlement would be final and on its way to enactment.

I thank Arizona’s senators for their efforts to promote the settlement. In recognition of his impending retirement, I’d also like to thank Kyl for his service to the people of Arizona and wish him well in future endeavors.

The Hopi Tribe stands ready to work with his successor and Arizona’s congressional delegation to solve our water concerns, as well as those of our neighbors. The generating station should be dealt with separately, however, in recognition of the fact that it is a separate issue.

LeRoy N. Shingoitewa is chairman of the Hopi Tribe.

Criticism over distribution of Hopi Tribe LCR Settlement Agreement “Fact Sheet”

UPDATE July 15, 2012: On Saturday I noted that the following responses from Benjamin H. Nuvamsa and Rosanda Suetopka Thayer focused on Micah Loma’omvaya’s (Hopi Chief of Staff) role in distributing last week’s Hopi Tribe LCR Settlement Agreement “Fact Sheet“. I now realize that their comments refer to a Press Release that the Hopi Tribe issued on July 12 surrounding Rosanda Suetopka Thayer’s efforts to remove Chairman Leroy Shingoitewa from office. Click here for a copy of the Press Release. I apologize for the confusion.
—————————————————
Benjamin H. Nuvamsa, July 13, 2012
There seems to be certain amount of credence placed recently by the local news media on comments, quotes, etc. from staff (political appointees) other than directly from the Hopi tribal chairman Leroy Shingoitewa, particularly concerning the current water rights debate.  Be advised that we do not place any credence or credibility on comments made by Shingoitewa’s staff, like comments by Micah Lomaomvaya.  Micah is not tribal chairman, vice chairman; and therefore has no authority to speak on behalf of the Hopi Tribe.  He has no authority to be issuing press releases, or making comments on any matter in the papers.  Those authorities are vested in the tribal chairman.  Those authorities and protocols are similar to the Office of the President of the United States.  We do not see any press releases, nor comments coming out of Vice Chairman Honanie’s office, because he understands and respects the proper delegations of authority.  He understands the protocols and when it is an appropriate time to issue statements on behalf of his office, or on behalf of the tribe.  Thank you.
———————————————–
Rosanda Suetopka Thayer, July 13, 2012
“Its truly unfortunate and completely unprofessional that Micah Loma’omvaya, chief of staff for Mr. Shingoitewa, without formal Hopi Council authorization to release such a ill-informed press statement regarding the Hopi and Tewa grassroots movement to remove Shingoitewa for serious neglect of duty.
Only the Hopi Tribal Council through formal action or the Hopi chairman with council authorization can speak on behalf of the tribe, not a politically appointed staff member like Loma’omvaya.
For me personally, Loma’omvaya’s release shows the level of paranoia, intimidation and lack of signature accountability, that Shingoitewa has created and fosters at the Hopi Tribe against anyone who opposes him, including all members of the media, tribal or non-tribal.
This has been evidenced by Shingoitewa’s refusal to allow reporters into local publicly posted Hopi council meetings over his past two years in office including the Hopi Tribes’ own newspaper, the Hopi Tutuveni, which is the only local and free news medium available to Hopi community members for public information.
No community member, enrolled or un-enrolled is safe from Shingoitewa and his supporters, especially after such a heated public battle where clearly the Hopi and Tewa people did not support Shingoitewa’s LCR settlement proposal and in which Shingoitewa continues to try and re-visit an already dead tribal water issue.
The “Shingoitewa Removal” public meeting slated for Saturday, July 14th at the First Mesa Consolidated villages community will still move forward with the full open support of Hopis and Tewas who want Shingoitewa removed from office for serious neglect of duty.”

The Hopi Tribe Fact Sheet and FAQ on Navajo-Hopi Little Colorado River Water Rights Settlement Agreement

Thanks to Micah Loma’omvaya, Chief of Staff for the Hopi Tribe, for sending me the following documents to post on BEYOND THE MESAS. Click images to download.

The Hopi Tribe Fact Sheet on LCR Settlement Agreement, July 10, 2012- Click image to download (2 pages)

Hopi Tribe LCR Settlement Agreement FAQ, May 1, 2012 – Click image to download (9 pages)

PRESS RELEASE: Hopi Tribe Endorses Historic Little Colorado Water Rights Settlement

While the following press release notes that the “Hopi Tribe” endorses the Little Colorado Water Rights Settlement, opinions and policies passed down from the Hopi Tribe do not reflect the opinion of all Hopi people or villages. Many Hopis are against SB 2109 and the Little Colorado Water Rights Settlement that Hopi Chairman LeRoy Shingoitewa proposes here. Keep an eye on this space, as Hopi responses are sure to follow.

————————–

FOR IMMEDIATE RELEASE Contact:
The Hopi Tribe, Office of the Chairman
Chief of Staff
Phone: (928) 734- 3106
Fax: (928) 734-6665

Hopi Tribe Endorses Historic Little Colorado Water Rights Settlement

Kykotsmovi, Ariz. (June 21, 2012) – The Hopi Tribal Council voted today to endorse a  proposed water right settlement for the Tribe’s Little Colorado River water right claims.  The  proposed settlement would end decades-long water rights adjudication and is the first step in  ensuring a dependable supply of clean water for the Tribe.  “I am greatly pleased by the  Council’s decision,” stated Hopi Tribal Chairman LeRoy Shingoitewa.  “For the first time since
our reservation was established we will be able to guarantee clean, reliable water supplies for our people.”

Council Representative George Mase, Chairman of the Tribal Council’s Water and  Energy Team, agreed with Chairman Shingoitewa’s assessment:  “After talking to the Hopi  people and hearing their concerns, it is clear that the people want a clean and reliable water  supply.  Our team negotiated for years to reach a settlement, and I am pleased that the Council  decided to endorse the settlement.”

The Hopi Tribe has claimed reserved water rights from four sources:  on-reservation surface water and groundwater, surface water from the Little Colorado River, and surface  water from the mainstem Colorado River. The proposed settlement would confirm the Hopi  Tribe’s rights to on-reservation surface water and groundwater, reserve a quantity of water from the mainstem Colorado River for a future settlement the Hopi Tribe’s mainstem water  rights claims, provide for the development of essential on-reservation water delivery infrastructure, and establish a framework for the sustainable management of the N-Aquifer  which is currently threatened by unmanaged pumping.  In return, the Tribe would waive its  claims to the Little Colorado River and its damages claims for injuries to water rights or water quality that occur before the settlement goes into effect.

“The Little Colorado River is by far the least reliable of our four potential water sources,” explained Councilman Mase.  “This is a fair tradeoff.”

Chairman Shingoitewa agreed with Councilman Mase’s assessment.  “We are confident the benefits for the Hopi Tribe outweigh the risks of continued litigation,” explained Chairman Shingoitewa. “The settlement proposal provides a path to ensure a lasting supply of clean water for both tribes. Hopefully the Navajo Nation will endorse the settlement as well.”

In order to become effective, Congress also must ratify the settlement and appropriate funds for the development of projects specified in the settlement.  The Hopi Tribal Council voiced its concerns about the proposed federal legislation, which was introduced before the agreement was reached.  The Council has previously instructed Chairman Shingoitewa and Water and Energy Team’s Chairman Mase to co-sign a letter to Senators Kyl and McCain asking for changes in their proposed legislation.  Specifically, the Tribal Council will be asking Senators Kyl and McCain to remove provisions related to the Navajo Generating Station and other items contained in the federal legislation.

“These provisions have nothing to do with our settlement,” explained Chairman  Shingoitwea.  “Therefore, we are asking Senators Kyl and McCain to remove them from the settlement legislation.”

The Hopi Tribe also will seek support for solutions to address water contamination at Moenkopi, First Mesa, and Keams Canyon.  “These are important outstanding issues,” said Councilman Mase.  “We aren’t waiting for the proposed Hopi Groundwater Project to get them resolved.”

Finally, if the proposed settlement is enacted, the Hopi Tribe will pursue its claims to mainstem Colorado River water to ensure a permanent homeland for the Tribe.  “Our claims to water from the mainstem Colorado River are not affected by this settlement,” explained Councilman Mase.  “We will pursue these once the Little Colorado River settlement is ratified by Congress.”

For more information about the settlement, visit the Hopi Tribe’s website at http://www.hopi-nsn.gov/, or call the Office of Chairman, at (928) 734-3106.
# # #

Hopi chairman accused of “gross dereliction”

A message from Ben Nuvamsa….

Attached for your information and dissemination is a complaint we (the former elected leaders of the Hopi Tribe who endorsed Action Item H-065-2012) filed against Hopi Chairman Leroy Shingoitewa for his failure and/or refusal to sign a duly enacted Tribal Council Resolution H-072-2012 that was passed on June 15, 2012, at the Hotevilla Elderly Center.  This resolution opposes and rejects Senator Jon Kyl’s Senate Bill 2109, Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012.  This Resolution was approved/passed by a majority vote of: 11 for; 4 opposed; 0 abstentions.  It represents the express will of our villages, village leaders and tribal members.

There was overwhelming objection to and rejection of Senate Bill 2109 by our villages and tribal members, yet Shingoitewa has purposely and deliberately refused to listen to the Hopi and Tewa people.  Instead, he signed Resolution H-073-2012 passed illegally on June 21, 2012 which endorses Senate Bill 2109 over our objections.  Action Item H-053-2012 was sponsored by Sipaulovi Village Representative George Mase to endorse Senate Bill 2109, which resulted in Resolution H-073-2012.  Resolution H-073-2012 is not the official position of the Hopi and Tewa villages and tribal members regarding Senate Bill 2109.

Even if Shingoitewa refuses, or otherwise fails to sign Resolution H-072-2012, he does not have the constitutional authority to veto a lawful action of the Hopi Tribal Council.  Therefore, this Resolution is in full force and effect, and has the force of tribal law.  If he continues to not sign this Resolution, by this letter, we have implored the Hopi Tribal Council by the attached complaint, to take immediate and appropriate action against Shingoitewa for contempt of tribal council action and for his failure to uphold his duty and obligation as presiding officer of the tribal council, including immediate removal.

A copy of this complaint has been sent to the Hopi Tutuveni for publication, and to other local and national news media.  We asked that this complaint be published in full, unedited text so that all tribal members and the general public can be informed of this matter.  Please disseminate copies of the complaint letter to your fellow tribal members.  Thank you.


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© Matthew Sakiestewa Gilbert and BEYOND THE MESAS, 2009-2014. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Matthew Sakiestewa Gilbert and BEYOND THE MESAS with appropriate and specific direction to the original content.

About the author

Matthew Sakiestewa Gilbert is enrolled with the Hopi Tribe from the village of Upper Moencopi in northeastern Arizona. He is an associate professor of American Indian Studies & History at the University of Illinois at Urbana-Champaign.

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“‘The Hopi Followers': Chief Tawaquaptewa and Hopi Student Advancement at Sherman Institute, 1906-1909″, Journal of American Indian Education, (Click image to download article)

The Indian School on Magnolia Avenue: Voices and Images From Sherman Institute (Oregon State University Press, 2012)

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