# Volume 32 (2024)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Ahopi_arizona%3Ac4b228fb76632834

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Volume 32
Number 23

WEDNESDAY
DECEMBER

4, 2024

54˚/26˚

Sunnyy skies

~Est. 1987 • OFFICIAL NEWSPAPER OF THE HOPI TRIBE • NEWS SOURCE FOR THE HOPI PEOPLE~

Governor Hobbs Signs Two Historic Tribal
Water Rights Settlement Agreements

Governor Hobbs
Signs Two Historic
Tribal Water Rights
Settlement
Agreements...pg. 7

New NN
Tobacco Tax
Signed into
Law... PG 4
Hopi Tribal Council
4th Quarter Session
MONTH OF NOVEMBER
2024 AGENDA
AMENDMENT #1

COMMUNITY

Page 2-3

Hopi Tutuveni wishes all a
very safe and HAPPY
HOLIDAYS

Hopi Tribal Chairman and Arizona
Governor speak as Water Settlement
Effort Enters Critical Phase in Congress
..see pg. 6 for details

HOPI TUTUVENI
PO BOX 123
KYKOTSMOVI, AZ 86039
1110-01600-7460

ADDRESS SERVICE REQUESTED

2

Hopi Tutuveni December 4, 2024

HOPI TRIBAL COUNCIL
4th Quarter Session
MONTH OF NOVEMBER 2024
AGENDA – AMENDMENT #1
I. CALL TO ORDER
II. CERTIFICATIONS OF COUNCIL REPRESENTATIVES AND APPOINTED OFFICIALS
1. Oath of Office – Maude Yoyhoeoma, Tribal Council Representative,Village of Sipaulovi
III. ROLL CALL
IV. INVOCATION / PLEDGE OF ALLEGIANCE
V. ANNOUNCEMENTS / RECOGNITION OF DIGNITARIES OR GUESTS
VI. CORRESPONDENCE
VII. CALENDAR PLANNING
1. Land Commission
2. Water/Energy Committee
3. Transportation Committee
4. Law & Order Committee
5. Investment Committee
6. Health/Education Committee
7. Hopi Gaming Committee
VIII. APPROVAL OF MINUTES
IX. APPROVAL OF AGENDA
X. UNFINISHED BUSINESS
XI. NEW BUSINESS
1. Discussion & Possible Action – Letter dated September 24,
2024 RE: Council Appointment to the Hopi Benefits Com
mittee. From Jim Davis, Finance Director Tabled to Decem
ber 1, 2024
2. Action Item #059-2024 – to modify Ordinance #36 Educa
tion Code. Author Fred Lomayesva, General Counsel, Of
fice of the General Counsel Time Certain - November 26,
2024 @ 9:00 a.m.
3. Action Item #062-2024 – to rescind partially H-057-2022
Orayvi Well 3-phase power to replace HUC and pass through
the money directly to the Village of Orayvi. Author Sarah
Abney, Water Resources Manager - Approved on November
6, 2024
4. Action Item #063-2024 – to approve Resolution in sup
port for the protection of cultural resources and sacred sites
on public lands for the Great Sage Plain and “The Lands
Between” – Author/Alfred Lomaquahu, Registrar, Hopi
Elections Office Approved on November 6, 2024
5. Action Item #066-2024 – to join the Avi Kwa Ame Nation
al Monument Advisory Committee – Stewart B. Koyiyumpte
wa, Historical Preservation Officer, Tribal Historic Preser
vation Officer, Office of the Chairman
6. Action Item #067-2024 – to approve a Lease of Real Prop
erty with Verizon Wireless – Author/LeRoy N. Shingoitewa,

Tribal Council Representative, Hopi Tribe - Request OGC
& Representatives from Realty and HTI to be present.
• Tabled on Nov. 6, 2024- Rescheduled with time certain
for November 25, 2024 at 10:00 a.m.
7. Action Item #068-2024 - to approve an Amendment to the
OGC’s Budget - Author/Fred Lomayesva, General Counsel,
Office of the General Counsel AI Withdrawn by General
Counsel Fred Lornayesva
8. Action Item #069-2024 - to approve applicants for mem
bership in the Hopi Tribe - Author/LouEllen Nutumya,
Enrollment Coordinator, Hopi Tribe Enrollment Office
Approved November 5, 2024
9. Action Item #070-2024 - to accept award for grant PLA
ZFVPS from the Department of Health and Human Services
for the next five years - Author/Theron Honyumptewa, Vic
tim Advocate Interim Director, Hopi Domestic Violence
Office
Program to Amend Action Item & resubmit
10. Action Item #073-2024 - to approve engineering
consultant, ARDURRA, to enter into a contract with the
Hopi Tribe to perform construction management services
on Project No. HIR 2(12)-Kachina Point Road-Phase 1 for
the Hopi Department of Transportation - Author/Leonard
Scott, Civil Engeneer Technician, Hopi Department of
Transportation
AI - Withdrawn
11. Action Item #074-2024 - to withdraw the Village of Mis
hongnovi’s carry over funds for the years 2005-2020 Author/Malinda Andrews, Chairperson, Village of Mis
hongnovi Board of Directors
Approved Nov. 5, 2024
12. Added - Action Item #076-2024 - to authorize up to $25
million for land acquisition pursuant 1996 Settlement Act
- Author Leroy Shingoitewa, Water/Energy Chairman and
HTC Representative, UVM Approved on Nov. 7, 2024
13. Action Item #077-2024 - to request for Special Revolving
Account for Water Resources Program - Author/Carrie
Joseph
14. Moenkopi Day School, Basic Financial Statement and
Single Audit Reports, Year ended June 30, 2023 - Steven
Toglia, CSA Moenkopi Day School - Request to present
in December 2024
15. Presentation: Research on Native Deaf Communities &

...Continued pg. 5

Hopi Tutuveni December 4, 2024

HOPI TRIBAL COUNCIL
4th Quarter Session
MONTH OF NOVEMBER 2024
Agenda - AMENDMENT #1, cont.,
Continued from pg. 4
Request to Distribute Survey to Hopi Community - Dr. Malanie Mckay-Cody, Assistant Professor, UofA
16. Presentation: 2024 Comprehensive Economic Development Strategy (CEDS) - Brian Cole, Building Communities & Andrew Gashwazra,
Director, OCPED/LIS Completed - Nov. 6, 2024
17. Discussion & Possible Action – Letter of Interest for Hopi Election Regular/Alternate member position from Meredith Qotswisiwma
Time Certain - November 25, 2024 @ 2:00 p.m.
18. Letter dated August 7, 2024 RE: Hopi Tribe Pandemic Recovery Committee from Samuel R. Shingoitewa Jr.
19. Discussion & Possible Action - Letter dated August 23, 2024 From Fred Lomayesva, General Counsel, Office of the General Counsel. RE:
Memorandum from Virgilyn Talas dated August 16, 2024.
20. Discussion & Possible Action - Email dated August 29, 2024 From Fred Lomayesva, General Counsel, Office of the General Counsel Re:
ANDREWS NA AND LETTER 8.29.2024.
21. Discussion & Possible Action - Letter dated September 18, 2024 RE: Letter of interest in serving on the Hopi Elections Committee. From
Timothy Randolph - Chairman Nuvangyaoma Time Certain - November 25, 2024 @ 2:30 p.m.
22. Discussion & Possible Action - Email dated September 25, 2024 From Fred Lomayesva, General Counsel RE: Justice Sekaquaptewa,
Notice of Disclosure
23. Discussion & Possible Action - Letter dated September 30, 2024 From Wendell Honanie Sr., Kykotsmovi Tribal Representative RE: Resig
nation from the Pro Tem Designation - Hopi Tribal Council Completed
24. Discussion & Possible Action - Letter dated October 14, 2024 RE: Suspension of Vice Chairman Craig Andrews and Councilman Nor
man Honanie. From Leroy Shingoitewa, Upper Village of Moenkopi HTC Representative
25. Discussion & Possible Action - Letter dated October 23, 2024 RE: Solid Waste Program bill and other matters. From Dale Sinquah,
FMCV/HTC Representative
26. Letter dated October 4, 2024 - Request fro Time Certain Date with Hopi Tribal Council. From Eugene Talas, Chairperson, BOT - HTC
proposed time certain for October 23, 2024 - 9:00 a.m.- 4:00 p.m. - 2nd Request received for November 4, 2024 time certain - Complet
ed on Nov. 4, 2024
27. Discussion & Possible Action - Letters from Angeline Joseph dated October 3, 2024 RE: Grievance & Discharge with no due process.
28. Discussion & Possible Action - Letter dated October 15, 2024 from Wilber Kay, Village Administrator, FMCV RE: Request for copy of
HUC’s approval to construct HAMP and BIA water lines within ADOT’s Rights-of-way. - Dale Sinquah
29. Discussion & Possible Action - Letter dated November 1, 2024 from Selwyn Sekaquaptewa, Water Utility General Manager, HUC RE:
Village wholesale Water Agreements Presentation- Selwyn Sekaquaptewa
30. Discussion & Possible Action - Letter dated October 24, 2024 from Todd Honyoama Sr.’s request for a Public Forum on Ordinance 36 Chairman Nuvangyaoma
31. Letter of Interest for Hopi Tribal Secretary dated October 30, 2024 from Lamar Keevama- Interview Time Certain for November 25, 2024@
1:00 p.m.
32. Letter of Interest for Hopi Tribal Secretary dated November 8, 2024 from Dwayne Secakuku - Interview Time Certain for November 25,
2024@ 1:30 p.m.
XII. REPORTS
1. Office of the Chairman
2. Office of the Vice Chairman
3. Office of Tribal Secretary
4. Office of the Treasurer
5. Office of the General Counsel
6. Land Commission
7. Water/Energy Committee
8. Transportation Committee
9. Law & Order Committee
a. Letter dated July 21, 2024 - Timothy NV. Nelson regarding resignation of Hopi Conflict Prosecutor. Tabled - Pending Report from Law&Order Committe
10. Investment Committee
11. Health/Education Committee
XIII. ADJOURNMENT

*Hopi Tribal Council may go into Executive Session on any agenda item
**Time Certain Requests

3

HOPI H.E.O.C UPDATES

4

Hopi Tutuveni December 4, 2024

Hopi Tribe Department of Health and Human Services
Covid-19 Emergency Response - Re-publication
Submitted By Joyce Hamilton, Director
Kykostmovi, Ariz. – June 26, 2024 Immunizations are your best defense
against severe illness if you are diagnosed with the Flu, RSV and CIVID-19.
The season of germs and viruses will continue to be amongst us; the best protection to avoid severe illness and sickness is to get updated on your family’s
immunizations. You may have been hearing family discussing COVID-19 diagnosis being a result of large gatherings within the month of June. Gatherings
with family during the summer season is common due to the ceremonial and
cultural activities, graduation celebrations, birthday celebrations and planting
parties.
The Hopi Health Care Center encourages and recommends the following:
1.
Everyone 6 months and older, regardless of current vaccination status,
should get an updated COVID-19 vaccine to protect against COVID-19 illness.
2.
People with symptoms should still mask and get tested for COVID-19.

3.
Those with confirmed or suspected COVID-19 illness should continue
to follow current guidelines for isolation including staying home and wearing
a mask around others for at least 5 days after their symptoms started or after a
positive test if no symptoms.
4.
Those exposed to COVID-19 should continue to follow recommendations including wearing a mask around others.
5.
People may choose to wear a mask at any time based on personal preference, but may be required in other places by local authorities (i.e., individual
villages, businesses, and schools).
Many individuals and family members have deterred from the practice of
wiping down frequently touched surfaces and staying home when ill. Get back
in the habit of wiping down frequently touched surfaces to eliminate germs to
protect family from illness. Most important message is for one to stay home if
you have flu like symptoms to avoid getting others ill.
For questions regarding services you may contact the Department of Health
and Human Services at Jhamilton@hopi.nsn.us

New Tobacco Tax Signed into Law
FOR IMMEDIATE RELEASE
By: Dr. Patricia Nez Henderson
Window Rock, Ariz —November 10, 2024, On Friday afternoon in the State Room
at the Office of the President and Vice President, the Tobacco Products Tax was signed
into law by President Buu Nygren. The law also includes the Nicotine Products and
Electronic Smoking Products Tax.
The Navajo Nation Council passed the law during the Fall Session in October. The
law increases the tax rate on tobacco and nicotine products at retail outlets on the
Navajo Nation.
“The tax increases on tobacco and nicotine sends a strong message in our work to
reduce purchases on addictive and harmful products,” Dr. Patricia Nez Henderson
said.
“Our mission in creating a healthier Navajo Nation is to dissuade cigarette, e-cigarette, and vaping purchases. This is unprecedented in any Tribal and State jurisdiction
in the United States.”
Youth on the Navajo Nation are at risk shown in statistics as high as 41 percent in
usage. A rate of 40 percent of high school students have used e-cigarettes and vaping
products.
The law signed by President Nygren became effective as he signed it on Friday. The
Navajo Tax Commission will have charge in implementing the new law.
“We began this as a community base initiative,” Thomas Walker, Jr. said at the signing ceremony. “Involved were elders, community members, traditional practitioners
for years. We followed these efforts in making commercial tobacco control policies for
the Navajo Nation. It’s here now. Tax collection on these products will go to Department of Health to be used as a deterrent on smoking. Thomas Walker, Jr. is a member of the Air is Life Coalition, and a former Council Delegate of the Navajo Nation
Council.

All tax collections on tobacco and nicotine products will put into a fund and transferred to the Navajo Nation Department of Health. It will fund the Office of Traditional Cultural and Spiritual Healing, while providing non-competitive grant opportunities to traditional healer organizations.
“This legislation is vital to our process of reclaiming our sacred ceremonial tobacco,” Hershel Walker Clark said. “We need to stand firm against the injustices that the
tobacco industry has done to one of our sacred plants given to us by the Diyin Diné’é.”
The Air is Life Coalition thanks the many participants who worked for more than
a year the tax amendments. Organizations such as the Arizona Tobacco Free Kids,
American Nonsmoker’s Rights Foundation, and the Arizonans Concerned About
Smoking. Former Council Delegate for Teesto Chapter David S. Clark and his wife
Geraldine sat besides President Nygren during the signing ceremony. Clark is also a
long time spiritual leader of the Azee’ Bee Nahagha’ of Diné Nation.
Other dignitaries who were present were Council Delegate Carl Slater, the sponsor
of the legislation, Effie Edsitty, executive director for the Navajo Tax Commission, and
Mae Gilene Begay, president of Forrest Lake Chapter.
Other co-sponsors of the legislation are Council Delegates Helena Nez Begay, Curtis
Yanito, Lester C. Yazzie, Shaandiin Parrish, and Nathan Notah.
The Air is Life Coalition extends appreciation to Sherlene Yazzie, executive director
for the Department of Health, the staff for the department, and Kim Russell, former
executive director for the Department of Health. Appreciation is also extended to the
Office of the Legislative Counsel, Luralene Tapahe, attorney, and the Navajo Nation
Department of Justice.

###

Hopi Tutuveni December 4, 2024

5

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Hopi Tutuveni December 4, 2024

6

Hopi Tribal Chairman and Arizona
Governor speak as Water Settlement
Effort Enters Critical Phase in Congress

The Hopi Tribe P.O. Box 123 Kykotsmovi, AZ 86039
Ph: (928) 734-3281 • Ph: (928) 734-3283
Editorial Board of the Hopi Tutuveni
Wilma Dengavi , Gary LaRance, George Mase

FOR IMMEDIATE RELEASE

Hopi Tutuveni Staff

Submitted by: Office of the Chairman

Managing Editor - Romalita Laban
RLaban@hopi.nsn.us

Kykotsmovi, Ariz.- November 20, 2024 Hopi Tribal Chairman Timothy L. Nuvangyaoma and
Arizona Governor Katie Hobbs spoke following the Governor’s signing of the Northeastern Arizona Indian Water Rights Settlement Agreement. This landmark agreement, decades in the making, aims to resolve long-standing water rights issues impacting the Hopi Tribe, Navajo Nation,
and San Juan Southern Paiute Tribe, and other water users in the region.
“We are closer than ever to making this historic water settlement a reality, due in no small
part to Governor Hobbs’ steadfast commitment to water certainty in Arizona and the dedicated
efforts of Director Buschatzke and the Arizona Department of Water Resources,” said Chairman
Nuvangyaoma. “I am optimistic that this coalition of Tribal and State leadership can gain the
support of the other six basin states and get this bill passed in this Congress.”
The agreement is part of the federal bipartisan Northeastern Arizona Indian Water Rights Settlement Act, which is now entering a crucial phase in Congress. Passage of the Act in this Congress depends on reaching a consensus among the seven states that share the Colorado River:
Arizona, California, Colorado, New Mexico, Nevada, Utah, and Wyoming. The seven states are
parties to the Colorado River compact, a 1922 agreement that allocates water rights based on
each state’s location in the Upper Basin or Lower Basin—the two major areas of land where the
Colorado River and its tributaries drain.
The Hopi Reservation and Navajo Reservation occupy a unique location that straddles the
divide between the Upper Basin and Lower Basin. Because of this, the Tribes need to move Colorado River water between the two Basins to meet the needs of their people across their Reservations.
But movement of water between these two regions has implications for the interests of all seven
Basin states and resolution of these interstate issues is complicated by parallel river management
efforts underway as part of the “Colorado River Post 2026 Operations” process which involves
Basin states, Basin tribes, and the federal government.
“I recognize that each of the Basin states has valid interests in the management of the Colorado
River.” Stated Chairman Nuvangyaoma, speaking on the importance of getting the settlement approved in this Congress. “It is imperative that we move forward—failure is simply not an option.”
Office of the Governor Katie Hobb’s official press release can be read here: https://azgovernor.
gov/office-arizona-governor/news/2024/11/governor-hobbs-signs-two-historic-tribal-waterrights
For more information, please contact the Hopi Tribe Office of the Chairman at (928) 734-3112
###

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The Hopi Tutuveni is published twice a month, with a circulation
of 2,500 copies throughout the entire Hopi Reservation. The paper
is delivered on the 1st and 3rd Wednesday of each month to the
following locations: Moenkopi Travel Center, Moenkopi Legacy
Inn, Hotevilla Store, Kykotsmovi Village Store, Tribal Government
Complex, Hopi Cultural Center, Hopi Health Care Center, Polacca
Circle M, Keams Canyon Store.

Hopi Tutuveni December 4, 2024

Governor Hobbs Signs Two Historic Tribal Water Rights
Settlement Agreements
FOR IMMEDIATE RELEASE

7
Hopi Tribal Council
Timothy L. Nuvangyaoma,
Chairman
Craig Andrews
Vice Chairman

By: Office of the Governor - State of Arizona
Phoenix, Ariz. - November 20, 2024 On Tuesday, Governor Katie Hobbs signed the Northeastern Arizona Indian Water Rights Settlement
Agreement (NAIWRSA) and the Yavapai-Apache Nation Water Rights Settlement Agreement (YANWRSA), settling four Tribal nations’ water
rights claims.
The signing of the Northeastern Arizona and Yavapai-Apache tribal settlements marks a critical milestone along the path to ensure reliable and
sustainable water supplies to the Navajo Nation, Hopi Tribe, the San Juan Southern Paiute Tribe, and Yavapai Apache Nation. For decades, generations of tribal members have fought to secure water supplies for their homelands and put an end to years of litigation. Through the extraordinary
efforts of the tribes, northern Arizona communities, and the State, a resolution has been reached and an agreement brokered, providing water
reliability for tribal and non-tribal parties alike.
“This is a historic moment for the State of Arizona, Tribal nations, and all parties to these agreements. They create a consequential and lasting
impact by securing a sustainable water supply for tens of thousands of Arizonans and helping local economies thrive,” said Governor Katie Hobbs.
“I’m proud to be a part of this solution that many Arizona families have fought to get for generations. It’s a testament to their strength and determination, as well as my commitment to collaborate with Arizona’s Tribal nations and protect water supplies for all Arizonans.”
The NAIWRSA settles the outstanding tribal water rights claims to the Colorado River, the Little Colorado River, and groundwater sources in
Northeastern Arizona. Water infrastructure funded through this settlement will help alleviate the lack of safe, reliable water supplies for members
of all three Tribes, and help ensure the access to clean running water that all Arizonans deserve.
“I want to thank Governor Hobbs for her leadership in helping us reach this historic agreement. I also want to thank the team at the Arizona Department of Water Resources for all of their work,” said President Buu Nygren of the Navajo Nation. “With their help, I’m confident we can build a
consensus with the seven basin states to get this through Congress.”
“We are closer than ever to making this historic water settlement a reality, due in no small part to Governor Hobbs’ steadfast commitment to
water certainty in Arizona and the dedicated efforts of Director Buschatzke and the Arizona Department of Water Resources,” said Chairman
Timothy L. Nuvangyaoma of the Hopi Tribe. “I am optimistic that this coalition of Tribal and State leadership can gain the support of the other six
basin states and get this bill passed in this Congress”.
Additionally, NAIWRSA ratifies a treaty, providing the San Juan Southern Paiute Tribe with 5,400 acres after sharing territory with the Navajo
Nation for the last 160 years. Passage of NAIWRSA is a monumental step in guaranteeing the Paiute Tribe has a home for generations to come.
“The San Juan Southern Paiute Tribe sincerely appreciates Governor Hobbs’ steadfast support for the Northeastern Arizona Indian Water Rights
Settlement Agreement,” Vice President Johnny Lehi Jr. of the San Juan Southern Paiute Tribe. “Governor Hobbs’ dedication to ensuring passage of
the water settlement demonstrates her commitment to the Native American Tribes in Arizona. We are grateful for her continued partnership to
ensure the cultural and environmental viability of our tribal homeland.”
Governor Hobbs also signed the YANWRSA, which secures safe and sustainable water supplies for the Yavapai Apache Nation, while also preserving and protecting the Verde River. It includes building a 60-mile water pipeline from C.C. Cragin Reservoir on the Mogollon Rim to deliver
water to the Yavapai-Apache Nation, providing water certainty to the Nation and neighboring non-tribal communities.
“We are proud to have reached this critical milestone for the Yavapai-Apache Nation and the Verde River, which is at the heart of our cultural
way of life,” said Chairwoman Tanya Lewis of the Yavapai-Apache Nation. “This comprehensive water rights settlement not only ensures water
certainty for the Nation but also supports a healthy Verde River, benefiting the entire Verde Valley and our downstream neighbors in metropolitan
Phoenix.”
The NAIWRSA and YANWRSA will end decades of conflict and litigation for Tribes, cities, towns, farmers, companies, and others that have
sought a water rights solution in Arizona state court since 1974. To become effective, Congress will need to pass legislation to approve the settlements and provide funding for water projects.
Governor Hobbs previously announced her commitment to partnering with Arizona’s Tribes and securing safe and reliable water for all Arizonans. Under Governor Hobbs’ leadership, the State of Arizona has jump-started tribal water right settlement discussions with a commitment to
reaching a resolution as a cooperative partner, and removing barriers and roadblocks to settlement that have caused agreements to languish for
years. Notably, the Governor reversed an antiquated policy that infringed upon tribal sovereignty and had restricted lands from being taken into
trust for Tribes through the federal administrative process as a condition of a water rights settlement.

###

Tribal Secretary
Nada Talayumptewa,
Tribal Treasurer
Alfonso Sakeva,
Sergeant-At-Arms
Village of Upper
Moenkopi
William Charley
Robert Charley
Leroy Shingoitewa
Philton Talahytewa
Village of Bakabi
Ruth Kewanimptewa
Clifford Qotsaquahu
Village of Kyakotsmovi
Danny Honanie
Norman Honanie
Wendall Honanie
Village of Sipaulavi
Raymond Namoki
Maude Yoyhoeoma
Village of Mishongnovi
Arthur Batala
Ronald Humeyestewa
Marilyn Tewa
First Mesa Consolidated
Villages
Albert T. Sinquah
Dale Sinquah
Wallace Youvella, Jr.
Judith Youvella

Hopi Tutuveni December 4, 2024

8

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ahopi_arizona%3Ac4b228fb76632834. Public record. Not legal advice.
