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 This Resolution has never been amended or rescinded, so it is in full force and effect.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

Advertisements

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


  1. 3 Shanen November 21, 2012 at 12:10 pm

    It’s hard to believe that McCain and others would try to ‘seduce’ one acting tribal leader into agreeing with giving up EVERYONE ELSE’S Rights to water, and expect to get away with it.My prayers are with the true and lawful overseer’s and caretakers of the river. Never were more people harmed in history than when self serving leaders profited from giving away that which belonged to ALL the people. Strength comes in numbers and no man should ever be allowed to speak for others about things involving the future generations… negatively. Not having water or affordable water, may negatively affect the next generations.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Copyright Notice

© Matthew Sakiestewa Gilbert and BEYOND THE MESAS, 2009-2017. 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 in the Department of History and a Dean's Fellow and Conrad Humanities Scholar in the College of Liberal Arts and Sciences at the University of Illinois at Urbana-Champaign.

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 835 other followers

Foreword to Kevin Whalen’s Native Students at Work: American Indian Labor and Sherman Institute’s Outing Program, 1900-1945

A Second Wave of Hopi Migration (History of Education Quarterly, August 2014)

Sun Chief: An Autobiography of A Hopi Indian by Don C. Talayesva, New foreword by Matthew Sakiestewa Gilbert (Sept. 2013)

Marathoner Louis Tewanima and the Continuity of Hopi Running, 1908-1912 (Western Historical Quarterly, Autumn 2012). Winner of Spur Award for Best Western Short Nonfiction, Western Writers of America (2013)

“Hopi Footraces and American Marathons, 1912-1930”, American Quarterly, Vol. 62, No. 1, March Issue 2010 (Click image to download article)

Hopi runner Philip Zeyouma’s trophy cups featured on cover of American Quarterly

Education beyond the Mesas: Hopi Students at Sherman Institute, 1902-1929 (University of Nebraska Press, 2010)

Education beyond the Mesas – Introduction (click image to download)

“‘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)

Arizona English Teachers Association highlights Hopi authors (click image to download)

Constitution and Bylaws of the Hopi Tribe (With all amendments, click to download)

Click to listen to KUYI On-Line

Matt’s Goodreads

Blog Stats

  • 147,453 hits

Categories


%d bloggers like this: