[I apologize for running behind on this post]
Here’s a story that 12 News in Arizona ran earlier this month on the Hopi High School boys cross country team. They recently won their 23rd consecutive State championship, and the Hopi High girls cross country team won their sixth State title.
In the early 1900s, newspaper reporters and their illustrators often gave bizarre reasons why Hopis did so well in running events.
Some said that Hopis excelled in running because they had once been chased by Spanish vaqueros (cowboys), and rather than fighting the Spaniards, the Hopis chose to run away.
Hopis had supposedly done this so many times that they became great runners.
Well, needless to say, I was quite pleased to see that the reporter for 12 News focused her reporting on Hopi culture, and the long tradition of running among our people.
This is going to be an incredible event.
Oglala Lakota Olympian Billy Mills will be the keynote speaker, alongside Tarahumarah runners from Copper Canyon in Mexico. Navajo runner Alvina Begay will also present.
I was asked to present at the forum, but I’m unable to make the trip back home during the first week in January.
Please help spread the word about this gathering of Hopi and other indigenous runners!
This month Oregon State University Press officially launched my co-edited (with Clifford E. Trafzer and Lorene Sisquoc) book The Indian School on Magnolia Avenue: Voices and Images from Sherman Institute. The book is part of the First Peoples, New Directions in Indigenous Studies, initiative. Yesterday, Natasha Varner at First Peoples published a post about the book on their blog. She quoted at length from my Conclusion. Here’s the first paragraph of my Conclusion which I titled “An Open Vault”:
On a warm October day in 2004, I drove my car south on Magnolia Avenue in Riverside and made my way to Sherman Indian High School for the Sherman Indian Museum Open House. The event was a festive occasion, as alumni from across the nation came together to remember their school days and visit with old friends. Outside the Museum, the school’s choir was singing their alma mater, “The Purple and Gold,” and a group of older Sherman alums were taking refuge from the heat by sitting in the shade of a large palm tree. Near the school’s flagpole, children were laughing and playing, while their parents listened contentedly to the choir. The smell of frybread permeated the air.
To read the entire Conclusion, and to learn more about the book, be sure to check out the First Peoples website. They have done a terrific job in promoting the book on-line and at various academic conferences.
All royalties from this book will go to help fund educational and cultural programming at the Sherman Indian Museum in Riverside, CA.
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
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
BEYOND THE MESAS, LLC 