September 04, 2009
The Honorable Ken Salazar
Secretary of the Interior
Department of the Interior
1849 C. Street N.W.
Washington, D.C. 20240
Dear Secretary Salazar:
Enclosed is a letter from the United States Bureau of Indian Affairs (BIA), Hopi Agency Superintendent, Wendell Honanie, responding to my inquiries on the issues relating to the creation of an “Interim Government” on the Hopi Indian Reservation. Superintendent Honanie, by virtue of this letter, has intervened in Hopi governance by recognizing the illegal “interim government” created by the controversial Hopi Tribal Council contrary to the Hopi Constitution.
The Council is continuing to make binding decisions, including Hopi natural resources, without the Hopi Chairman and Vice Chairman, which is contrary to the requirement under the Hopi Constitution and By-Laws. Article IV. Section 1. mandates that the Hopi Tribal Council shall consist of a Chairman, Vice Chairman, Secretary Treasurer, and Council Representatives from the villages. It further states that only the Chairman, and in his absence, the Vice Chairman, shall preside over the legislative council sessions.
Under the authorities delegated to the Council by Hopi-Tewa members, selecting a Council Representative to chair the meetings is clearly prohibited. Yet, this is exactly what the Council did when they selected Kykotsmovi Village Representative, Phillip Quochytewa, Sr. to be the Presiding Officer.
Article IV. Section 7. of the Hopi Constitution, as amended, ended the practice of Council Representatives, selecting a member from amongst themselves to chair all legislative sessions. This authority was taken away by Hopi-Tewa members of the Hopi Tribe in a 1969 referendum (approved by DOI Secretary) and replaced with popular elections as a way of electing a Chairman and Vice Chairman.
Today, Mr. Secretary, your Office of Surface Mining and your Bureau of Indian Affairs are actively working with the unlawful “interim government”, making decisions, favoring Peabody Coal’s desire for extended control of Hopi coal and water.
Because of your elected service to the people of Colorado, you personally understand the importance of elections as a way of assuring genuine representation of peoples’ views. For the Hopi too, elections are a way of choosing top officials who will represent all the people and villages in legislative sessions.
Yet today, only three (3) of 12 Hopi villages have elected Council Representatives; five (5) villages are represented by hand-picked “spokesmen” for controversial “traditional” leaders who call themselves “Kikmongwim”, a matter that is pending in the Hopi Tribal Court. Five (5) villages are not represented in Council, some by choice. A majority of the tribal members come from the last five (5) villages.
Agency Superintendent Honanie relied on Resolution H-091-79 to recognize Tribal Secretary, Mary Felter, as the Acting Chairman/Chief Executive Officer of the Hopi government. Resolution H-091-79 lays out the succession of authority of CEO when both the Chairman and Vice Chairman are ABSENT from their office. As you are aware, both elected officers jointly resigned on December 31, 2008, leaving the offices vacant. Therefore, the referenced Resolution does not apply in the current situation.
The Council passed Resolution H-007-2009, three (3) days before the anticipated resignation of Chairman and the Vice Chairman. The Resolution sets up an “interim government” to run the government, and was apparently done to avoid holding an election as mandated by our Constitution. On the day the “interim government” was set up, an Action Item to hold a Special Election was submitted by the Hopi Election Board. Regrettably, it was not addressed until June 2009 when Council confirmed their decision not to hold a Special Election. The Hopi Election Board was set up under Ordinance No. 34 to serve as an independent body authorized to conduct elections. This independence is shattered by the Tribal Council.
Setting up an “interim government” is not a lawful remedy; a Special Election is. Under these unusual circumstances, continuing with the Administrative Court proceedings DVR-200-9-PR, regarding the Significant Permit Revision No. AZ-001D for Peabody Coal, is improper and must be suspended until the Hopi government is restored and legitimized.
The Record-of-Decision to issue a Life-of-Mine Permit to Peabody Western Coal under a controversial Black Mesa Project EIS, will bind our coal and water to Peabody well beyond 2026.
Coal and water are assets belonging to the Hopi people. Statutes, in particular, the Indian Tucker Act, and court cases, has firmly established that the DOI Secretary has fiduciary duty to hold it in trust.
Under the current controversial situation, you have a duty to act, especially in matters affecting our natural resources, and due process rights. We understand that you may not have been informed of the improper actions of your Office of Surface Mining and your Bureau of Indian Affairs representatives, so, again, I respectfully urge you to personally review this matter so you can meet your trust responsibility to the Hopi-Tewa people.
Sincerely,
Vernon Masayesva
Founder/Executive Director, Black Mesa Trust
Former Chairman of the Hopi Tribe
Enclosure
cc: Honorable John S. McCain
Honorable Jon Kyl
Honorable Trent Franks
Honorable Ann Kirkpatrick
Honorable Raul M. Grijalva
Charles Wilkinson