Tag: Benjamin H. Nuvamsa

Beyond the Mesas exceeds 100,000 clicks!

On By Matthew Sakiestewa GilbertIn Uncategorized3 Comments

This week Beyond the Mesas exceeded 100,000 clicks since it was launched in November 2009. To mark this milestone, I thought I would publish a Q&A that I participated in for the First Peoples New Directions website in 2012. The Q&A covers a variety of topics related to blogging and my reasons for blogging as a Hopi person. The original post can be accessed here.

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Beyond the Mesas: A Q&A with Blogger Matthew Sakiestewa Gilbert

September 17th, 2012 – Posted by Natasha Varner

Hopi scholar and University of Illinois at Urbana-Champaign professor, Matthew Sakiestewa Gilbert has been maintaining his blog, Beyond the Mesas, for nearly three years. In his posts, he integrates his research on education and running with issues of Hopi politics, sovereignty, and self-determination. Last August, we included his blog in our roundup of Indigenous blogs to follow because of his admirable efforts to make scholarly research accessible to a broader public that included his home community. Today, Dr. Sakiestewa Gilbert discusses how he got into blogging, his objectives in keeping the blog going, and some suggestions for others thinking of starting their own blogs.

What motivated you to start the blog?

I wanted a place to share my research with people on and off the Hopi Reservation. Throughout graduate school, and my first three years at the University of Illinois, I made my research available to people back home by publishing articles in the Hopi Tutuveni, the official newspaper of the Hopi Tribe. However, when the Hopi Tribe announced that the Tutuveni would close in December 2009, I had to come up with an alternative way to bring my work back to Hopi. I also wanted to create a space where the public could access reliable information on the Hopi people. There are a lot of bizarre websites on the Hopi, most of which focus on Hopi prophesies and spirituality. But these websites do little (if anything at all) to inform people about Hopi issues today.

Has your blogging purpose or engagement with your readership changed over time? If so, how?

Over the years I’ve tried to focus my blog posts on topics pertaining to Hopi sovereignty, self-determination, running, education, and photography. While I originally started blogging to share my research with the public, I also use it as a platform to showcase the work and accomplishments of other Hopi scholars. This part of my blog is really important to me. For example, when Hopi scholars Angela Gonzales (Cornell University) and Lomayumtewa C. Ishii (Northern Arizona University) received tenure and promotion at their respective institutions, I announced it on my blog. I also do this when Hopis publish articles or chapters in books. However, I don’t just highlight the work of Hopi scholars. A quick glance at my blog will reveal posts on Hopi artists, educators, preservationists, and various community leaders. The day my blog becomes all about me is the day I shut it down.

You don’t shy away from engaging in Hopi politics on your blog; could you talk a bit about why you chose to get involved in political issues and what that entails for you?

My posts on Hopi politics receive the most attention from readers. Depending on the post, I can receive up to 200 hits or more per day, especially if the post is about Hopi or Navajo water rights. Earlier this year, federal officials, and some members of the Hopi Tribal Council, attempted to pass the Navajo-Hopi Little Colorado River Water Rights Settlement Act. Of course, this was/is an extremely important topic for our people, and I didn’t hesitate to use my blog to share information about the Legislation with Hopis and the public. I also received a lot of help with my efforts. Hopi grassroots organizers such as Benjamin Nuvamsa provided me with information for my blog, and even officials with the Hopi Tribe sent me materials to share with my readers. Although I made it clear on my website that I opposed the proposed legislation, I was happy to make my blog available to both groups. I was also glad to provide people with materials to help them make a more informed decision about the Act.

Why do you think it’s important for scholars to keep blogs that are accessible and useful to the general public and, specifically, to Indigenous communities?

We have a responsibility to our Native communities. We have an obligation to bring our research to our people in meaningful and useful ways. However, many back home will never have access to our publications. To make our research more accessible to Native communities or the general public, we need to look beyond scholarly journal articles and books to find other ways to disseminate this information. We need to consider using social networks such as Facebook, Twitter, and blogs. At this point in my life, I’m not able to make frequent trips back to the Hopi Reservation. But I’ve been able to stay connected to home through my blog. People back home know what I’m up to. They are able to see how I’ve used my education – an education that the Hopi Tribe generously funded through the Hopi Tribe Grants and Scholarships Program and the Hopi Education Endowment Fund. Also, in comparison to other Native bloggers, I came to the world of blogging late. Several Native scholars had already made their research available to readers on their websites, including Debbie Reese, Julia Good Fox, and Deborah Miranda. This is in addition to more recent blogs by Hopi scholars Angela Gonzales and Trevor Reed.

Do you have any advice for other scholars thinking about starting blogs?

Find a mentor, especially early on, to help you navigate the world of blogging. I was fortunate to have Debbie Reese there to help if I had questions about blog content or the more technical aspects of blogging. Also, don’t give up on your new blog prematurely. When I started blogging, I told myself that regardless of how many views my blog received per day, I would commit to blogging for six months. Once six months passed, I reevaluated my desire to blog, and the usefulness of my website. It’s very easy to get discouraged as a new blogger. You wonder if all the time and effort you put into blogging is worth it, especially when the activity on your blog is down. But you have to keep the big picture in mind. You have to give your blog time to grow. And you have to give your readers time to value your blog and its content.

And some logistical questions: About how many hours do you spend maintaining the blog each week? What platform do you use? Did you have any formal training or did you just start blogging?

I usually spend four to five hours a week maintaining my blog. Sometimes I spend 10 hours or more, especially if I’m working on a post that requires a lot of thought. Other time is spent responding to comments or emails, updating web links, and searching the Internet for blog related information. I also pay close attention to my blog stats, which provide information on the terms people use to find my blog, the general geographical location of my readers, and the number of hits I receive on any given post. This helps me to gauge what people are interested in, and it gives me ideas about future articles for my blog. The blogging platform that I use is WordPress.com, which is a powerful and yet easily accessible host. While blogging with WordPress is free, I pay annual fees for my website domain name, and the ability to customize the website’s Cascading Style Sheets (CSS), which allows me to manipulate the website in various ways. I had no formal training before I started my blog. I watched several WordPress tutorials on-line, and took advantage of other videos on YouTube.

Has the blog opened any doors for you or shaped your research or teaching in any unexpected ways?

Since launching my blog in 2009, I started assigning blog assignments in a few of my classes. In lieu of a research paper, I give my students an opportunity to maintain a blog on issues pertaining to the course. I require my students to post twenty times throughout the semester. Blog posts must be well-written, interesting, thought provoking, and no less than 250 words in length. By using my blog as an example, I have my students focus their posts on topics that pertain to Native sovereignty, representation, decolonization, and Indian self-determination. The blog assignment encourages an atmosphere of learning, teaching, and mutual respect among my students.  It also gives my students an opportunity to publish responsibly, to avoid commonly held Native stereotypes in their own writing, and to engage the public intellectually.

What’s the most surprising or meaningful feedback you’ve ever gotten about your blog – either as a comment on the site or delivered to you in person?

I always appreciate it when people let me know that they find my blog interesting or useful. Sometimes I get emails from young students (6th grade, middle school, high school), who stumble across my blog as they search for information on the Hopi for their school projects. They occasionally send me short questionnaires to fill out on Hopi history and culture, which I’m happy to do. Hopi people also regularly submit comments on my blog. One of the comments took place after I published a post on Hopi runner Harry Chacca (Chaca, Chauca) from the village of Polacca on First Mesa. Chacca won numerous events while competing for the cross-country team of Sherman Institute in Southern California. When his granddaughter, Cheryl Chaca, read my post, she commented about how pleased she was to learn about her grandfather’s running accomplishments and wished “he could have read” the post himself. However, the most meaningful comment came from my oldest daughter, Hannah, who at the time was seven years old. One morning, I heard the words “If so, please consider…” coming from our living room. I looked around the corner, and to my surprise, I saw my daughter sitting with my iPad on her lap. My blog was open on the screen. When I asked what she was doing, she simply replied, “I’m learning about Hopi.”

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Matthew Sakiestewa Gilbert is an enrolled member of 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 and a co-editor of the forthcoming Oregon State University Press/First Peoples volume,  The Indian School on Magnolia Avenue: Voices and Images from Sherman Institute (December 2012). Sakiestewa Gilbert is also the author of Education beyond the Mesas: Hopi Students at Sherman Institute, 1902-1929 (University of Nebraska Press, 2010). He is currently completing a book entitled Hopi Runners: Crossing the Terrain between Indian and American, 1908-1932, which is under contract with the University Press of Kansas (CultureAmerica Series).

Nuvamsa questions Hopi Tribe attorney payments

On By Matthew Sakiestewa GilbertIn Benjamin H. Nuvamsa, Hopi Government, Hopi Tribal Council2 Comments

Below is a letter written by Benjamin H. Nuvamsa to the Hopi Tribal Council. This letter has been submitted to be published in the Hopi Tutuveni. Used with permission.

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November 6, 2013

Letter to the Hopi Tribal Council:

The startling news coming out of the Hopi Tribal Council meeting this week concerns the $22 million that Leroy Shingoitewa and you, Hopi Tribal Council, allowed Robert Lyttle to rack up on 45 of his attorney friends. We understand Shingoitewa and Lyttle advised the tribal council to not worry because they will “pay the tribe back” when they win the lawsuits. And we hear there is another $12 million more in invoices that still remain to be processed.

So why do you authorize the lawsuits, or do you? Is it so that Lyttle and friends can make money betting on the come that they will win the lawsuits? You know there are no guarantees that lawsuits will be won. The only guarantee is that Lyttle and his attorneys will get our money by racking up billable hours. And we lose.

While tribal members were surprised and aghast at the news, I was not surprised. Not at all! For some of us have been writing letters to you ever since Leroy Shingoitewa came into office and brought Robert Lyttle to the scene – around May 2010. We advised you of the excessive billings and all the attorneys that Lyttle brought to the tribe without the benefit of tribal council approval (council resolutions) and without attorney contracts. We know how Robert Lyttle works. We know what he did to several Arizona and California Indian tribes. Maybe you were not getting our letters, or maybe you were simply ignoring our advice, but this matter has now exploded into a very serious situation where there may be federal criminal violations committed. And our financial position is now in serious question. Certainly, the Hopi people are not happy.

We also advised you of the depletion of tribal accounts and the transferring of funds between accounts to pay the invoices because the other accounts ran dry. I advised you of the possible tax implications on the tribe (and Robert Lyttle and the attorneys). To this date, we don’t believe Lyttle has a legal contract with the tribe. Ask the question: is Lyttle and employee or is he a consultant? There is a big difference. Hard working and conscientious employees working in Finance have been summarily fired by Shingoitewa and Elward Edd for questioning the invoices. They were only doing their job. There are memos from Shingoitewa demanding the staff to pay the invoices. Our advice and complaints went into deaf ears.

The Hopi tribal constitution is very clear. It requires that attorney contracts be formally approved by the tribal council, by council resolution. The constitution also says the Tribal Treasurer cannot spend any money from the treasury unless authorized by tribal council resolution. We assume you, as council members, are aware of these provisions in our tribal constitution.

Because of our concerns about excessive payments to tribal attorneys and violation of tribal procurement policies by Shingoitewa, several of us exercised our right afforded us in the tribal constitution and requested to view the Treasurer’s financial records. As expected, we were denied our request so we filed a Writ of Mandamus in tribal court requesting the court to grant us access to the records. This matter is pending in tribal court.

So, now you have a decision to make. Your duty as tribal council members is to watch over our money. This obligation is spelled out in the tribal constitution. You are our fiduciaries. I advise you to hold off making any payments on the attorney invoices until and when you have completed an exhaustive investigation into this matter. In fact, I encourage you to withhold action on this matter until after the tribal election. But the questions remain the same: Are there authorizing tribal council resolutions for each attorney? Does each attorney have a legal contract with the tribe? Does each attorney contract have an identified (and approved) scope of work? Do the invoices contain the required information on what services were performed? Tribal accounts need a good look to see how much has been taken out and what the remaining balances are. I understand a tribal employee asked you the same questions at the October 29, 2013, tribal council meeting. He knows what he’s talking about.

We trust you will carry out your constitutional duties and protect our money; and hold people accountable.

Benjamin H. Nuvamsa

Village of Shungopavi 

Former Hopi Tribal Chairman

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

On By Matthew Sakiestewa GilbertIn Benjamin H. Nuvamsa, Hopi activism, Hopi and S.B. 2109, Hopi water rights3 Comments

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

On By Matthew Sakiestewa GilbertIn Hopi activism, Hopi and S.B. 2109, Hopi self determination, Hopi Tribal Council, Hopi water rights, Uncategorized1 Comment

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

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

On By Matthew Sakiestewa GilbertIn Benjamin H. Nuvamsa, Hopi activism, Hopi and S.B. 2109, Hopi Government, Rosanda Suetopka ThayerLeave a comment
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.
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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.
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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.”

Hopi chairman accused of “gross dereliction”

On By Matthew Sakiestewa GilbertIn Benjamin H. Nuvamsa, Hopi activism, Hopi and S.B. 2109, Hopi Government, Hopi water rights1 Comment

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.

LCR Water Rights Bill Rejected by Hopi – A Report to Hopi People

On By Matthew Sakiestewa GilbertIn Benjamin H. Nuvamsa, Hopi activism, Hopi and S.B. 2109, Hopi sovereigntyLeave a comment

A message from Benjamin H. Nuvamsa…                            Sunday June 17, 2012

LCR Water Rights Bill Rejected by Hopi – A Report to Hopi People

Attached is a report to members of the Hopi Tribe and to the Hopi Tribal Council on the council meeting held last Friday, June 15, 2012, regarding our Action Item No. H-065-2012.  Our Action Item is to reject the Little Colorado River Water Rights Agreement, S.2109.  Please pass this information on to other tribal members.  Thanks to everyone, we defeated this dangerous bill introduced by Senators Jon Kyl and John McCain regarding our water rights to the Little Colorado River.

Despite this victory, this matter is not over.  Shingoitewa and Mase are still intent on continuing negotiations on this bill, despite what the action item, and now Resolution, No. H-065-2012, mandates.  In fact, Shingoitewa, Mase and Hopi attorneys are talking to and negotiating with Navajo’s attorneys.  Resolution No. H-065-2012 prohibits Shingoitewa, the Water & Energy Team and the Tribal Council from further negotiations on S.2109.  You should know that George Mase has an Action Item, No. H-053-2012, before the tribal council that “endorses” Senate Bill 2109.  But the council’s vote on June 15, 2012, killed Kyl’s and McCain’s bill and deems George Mase’s action item a moot issue; so it should not be addressed by the tribal council.  We are monitoring this matter and will advise you when the council may act on Mase’s action item so you can attend the council meeting.

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Below is the report that Nuvamsa refers to in his message. You can also download the report as a PDF document by clicking here…

June 16, 2012

To: Honorable Members of the Hopi Tribe

Honorable Members of the Hopi Tribal Council

June 15, 2012, was an historic day in the history of our tribe. Hopi village representatives, traditional leaders and tribal members gathered at the Hotevilla Elderly Center and overwhelmingly rejected Senator Jon Kyl’s and Senator John McCain’s Senate Bill 2109, the Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012. At the end of the long day, the Hopi Tribal Council voted 11 to 4 to pass Action Item H-065-2012 that was endorsed by three former Hopi tribal chairmen and four former Hopi tribal vice chairmen, and sponsored by Vice Chairman Honanie, to reject Senate Bill 2109.

Our Action Item, No. H-065-2012, does several things: (1) it rejects Senate Bill 2109; (2) it prohibits any further negotiations of Senate Bill 2109 by the tribal chairman, Water & Energy Team and the tribal council; (3) it requires the tribal chairman to report the Hopi Tribal Council’s rejection of Senate Bill 2109 to Senator Jon Kyl, to the Congress, Senate Committee on Indian Affairs, and to the Department of Interior; (4) it requires that, if another water rights agreement comes before the tribe, that it will only be decided on by members of the Hopi Tribe through a voter referendum (not the tribal council) after a full and open consultation with and through participation of the villages and tribal members. The council vote also effectively killed the Agreement-in-Principle because without Senate Bill 2109, there is no Agreement-in-Principle.

Not one village, not one tribal member, and not one traditional leader supported Senate Bill 2109. Villages and traditional leaders provided written testimonies, in the form of letters, proclamations and resolutions, all opposing the Kyl/McCain bill. But despite the resounding opposition by the Hopi and Tewa people, there were four votes in opposition to Action Item H-065-2012, most notably by all three representatives from Sipaulovi.

The day did not start without controversy. First, tribal chairman Shingoitewa and Sipaulovi representative George Mase tried to surprise those in attendance by bringing George Mase’s Action Item, No. H-053-2012, to the council floor. But thanks to an objection raised by Kykotsmovi Village Representative Nada Talayumptewa and others, the matter was stopped. Action Item H-053-2012 proposes to endorse Senate Bill 2109.

Next, our request to hold the council meeting in larger facilities was not honored by Shingoitewa, but thanks to former vice chairman Qötsaquahu’s persistence, we forced a vote. After a unanimous vote, we moved the meeting to Hotevilla. Once we convened at Hotevilla, there was yet another attempt by Shingoitewa to exclude the news media. The news media was previously excluded by Shingoitewa in the morning session in council chambers. And again, at the insistence of Qötsaquahu, a vote was taken and the majority vote allowed the news media to stay. But Shingoitewa demanded there will be no recording of the proceedings.

At the outset of the meeting, we insisted that Shingoitewa and the council not control our presentations by limiting what we say and by limiting how long we take to make our presentations. But throughout the entire day, Shingoitewa consistently tried to limit and control our presentations. Because of his constant interruptions and time remaining in the day, many people who traveled from far away and took the time to speak, were not able to address the council. For this, I apologize to these people.

After the presentations, Vice Chairman Honanie made the motion, seconded by Rebecca Masayesva, to approve Action Item H-065-2012. It passed by a vote of 11 to 4. But after the meeting, Hopi chairman Shingoitewa was quoted as saying to the news media, “The tribe will continue water settlement talks with the Navajo Nation, and other industrial users including Peabody Coal and the Navajo Generating Station.” But passage of Action Item H-065-2012 is very specific in prohibiting Shingoitewa, the Water & Energy Team, and the Hopi Tribal Council from any further negotiations of Senate Bill 2109. This statement by Shingoitewa demonstrates his deliberate intention to disregard the voice of the people and would violate the new tribal law passed this day by the Hopi Tribal Council. If he does not abide by the mandate of the villages, traditional leaders and tribal members, and the tribal council, then it would constitute a direct violation of the tribal constitution.

Passage of our action item would now deem George Mase’s Action Item, H-053-2012, a moot issue. But Shingoitewa and Mase are intent on bringing this action item before the tribal council later this month. We encourage you to impose on your council representatives to require George Mase to withdraw his action item. We also encourage everyone to show up at the council chambers when this action item will be discussed and object to the council to act on this action item. Remember this right belongs to the villages, not the tribal council.

In closing, I want to express my deepest, heartfelt appreciation to everyone who participated in this very important issue. This includes all village governments and village leaders who took a stand by issuing proclamations, resolutions, letters; all traditional leaders who issued proclamations, the veterans, allottees, tribal members, and many more. In particular, I want to thank former tribal chairmen and vice chairmen who took personal responsibility to sign the action item and made very compelling arguments to the tribal council. We appreciate the Village of Hotevilla for offering their facility for the meeting. And finally, special appreciation goes to members of the tribal council who voted to support our action item. Your participation and stance against the dangerous Kyl/McCain bill will go down in the annals of our history.

Kwak’wha; Pai’lolmani, 

Benjamin H. Nuvamsa

Shungopavi Village, Bear Clan 

Former Hopi Tribal Chairman 

Hopi and Navajo leaders respond to Senator Kyl’s editorial

On By Matthew Sakiestewa GilbertIn Benjamin H. Nuvamsa, Hopi and S.B. 2109, Hopi water rights5 Comments

To the editor:                                                                     April 5, 2012

We take this opportunity to respond to Arizona Senator Jon Kyl’s April 4, 2012, letter to the editor of the Arizona Daily Sun concerning Senate Bill 2109, the “Navajo and Hopi Little Colorado River Water Rights Settlement Act of 2012”, wherein he suggests that those who oppose this settlement are providing false information and leveling untrue attacks against the settlement.

The fact of the matter is that S.2109 is not an Indian water rights settlement act. It does nothing to quantify the water rights of the Navajo and Hopi tribal nations to the Little Colorado River and is in direct contravention of the Winters Doctrine. Rather, it is a backhanded approach to providing federal benefits and protections to entities that exploited the natural resources of our tribes for their own economic gain. It ensures that non-Indian corporate interests continue mining our coal and pumping our Navajo Aquifer to produce cheap electricity and deliver wet water to benefit southern Arizona, southern California and southern Nevada, under the guise of an Indian water rights settlement.

It requires the tribes to give Peabody Western Coal Company (Peabody) and the Salt River Project (SRP) and other owners of the Navajo Generating Station (NGS) tens of thousands of acre-feet of tribal water annually, without compensation. In other words, it gives NGS, a corporate entity, a federal water right. It also requires the tribes to extend the Peabody and NGS leases to 2044 without regard for past and continuing harmful impacts to our health, water supplies, water quality and damage to our precious Navajo Aquifer, as a necessary pre-condition to receiving minimal domestic water pipelines.

S.2109 requires the tribes to waive all protections against injury to water quality “from time immemorial and thereafter, forever”. It also requires the tribes to permanently waive all water rights to the Little Colorado River “from time immemorial and, thereafter, forever that are based on aboriginal occupancy of land by the (tribes) and Members of the (tribes) or their predecessors”. The settlement Senator Kyl is pushing is not “consistent with previous water settlements in New Mexico, Montana and Arizona”, as he claims.

We do agree that “it is time to set the record straight”. S.2109 is not a water rights settlement act. It is a license to continue the exploitation of our precious natural resources while threatening our tribal sovereignty. S.2109 is very dangerous for the Navajo and Hopi tribal nations and is not acceptable to members of our respective tribes.

Water is life. Water is sacred; it is central to our way of life, to our ceremonies and traditions. We must protect and preserve it for our future generations.

With all due respect,

Vernon Masayesva, Former Chairman – Hopi Tribe
Ivan Sidney, Former Chairman – Hopi Tribe
Benjamin Nuvamsa, Former Chairman – Hopi Tribe
Milton Bluehouse, Former President – Navajo Nation