Howling like the Open for HEEF

Tribal code

Ask Donna

What actually matters in this document.

Text

USDA Says Apache

Religious Rights

Can’t Block Copper

Mine

Greetings form

Nomination

Howling like the Open for HEEF

the 2021 Virtural Wind

Board

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Membership

about it

100 Mile Club...

COMMUNITY

COLUMN

LARRY’S CORNER

-More on pg. 15

-More on pg. 6

More on Page 11

More on Page 5

June 2, 2021

Volume 29

Number 11

~ E s t. 1987 • OFFIC IA L NEWSPA P E R OF T H E H OP I T R I B E • N E W S S OU R C E F O R T H E H O P I P E O P L E ~

72˚/ 52˚

Sunny

Hopi Cultural Center Re-Opening

Doors to the Public

Story on Page 2

Hopi Cultural Center, inside, with newly remodeled floors (Photo provided to Hopi Tutuveni)

HOPI TUTUVENI

PO BOX 123

KYKOTSMOVI, AZ 86039

1110-01600-7460

ADDRESS SERVICE REQUESTED

Lawmakers focus on justice

reform, racist mascots

-More on pg. 14

Hopi Tutuveni June 2, 2021

2

Hopi Cultural Center Re-Opening

Doors to the Public

Carl Onsae and Romalita Laban, Hopi

Tutuveni Staff

Second Mesa, Ariz. – May 27, 2021, last

year in 2020, during the pandemic, many

stores and restaurants closed doors and services due to the rising cases of people getting sick from the COVID-19 coronavirus

in the state of Arizona. The Hopi reservation

was no exception to the restrictions and the

closure of businesses, stores and restaurants

due to the rising numbers of COVID-19 cases on Hopi.

One particular restaurant on the Hopi reservation, the Hopi Cultural Center, located

on Second Mesa, Ariz. also referred to as

the “Center of the Universe” in the Cultural

Center menu; shut its doors to the public in

2020, following the Executive Order mandates of the Hopi Tribe. Manager of the Cultural Center, Lamar Keevama, stated, “We

had shut our doors not only due to the Covid

pandemic but because of the water issues we

had been dealing with, the water issues are

fixed now.”

Amidst the pandemic in 2020 the Hopi

Cultural Center wanted to re-open its doors

but with restrictions from the Tribal government, made it impossible to do so. To-go

orders were served to keep the restaurant

somewhat afloat but with limited staff, due

to the risk of people getting sick and which

once again, made it impossible to keep the

restaurant open to the public. Hopi Cultural Center closed its doors to the public once

again, on November 25, 2020.

While the doors were closed to the public

no food was served nor was any to-go orders

available. Having the doors closed did provide an opportunity which resulted in changes to the Hopi Cultural Center’s restaurant

layout, enabling it to better serve people

once the pandemic was over with.

Keevema stated, “The transition of rebuilding the interior we made a front “Grab

and Go” center which consists of sandwiches, soda, water, and more. This transition

is for the general public to have customers

come in and just grab and go lunches on the

go.”

Several of the employees that worked

there were temporarily laid off due to not

having any customers and/or business to

serve. This resulted in employees seeking

jobs on or off the reservation. Keevema stated, “Our dining area is fixed and we are in

compliance to the CDC regulations and staff

still has to abide by the CDC regulations of

wearing masks, washing hands, and sanitizing areas.

On April 26, 2021 the Hopi Cultural Center re-opened its doors to the general public

to serve its famous Hopi cuisine and local

dinner favorites. Keevema is happy once

again to see that the Hopi Cultural Center is

finally in operable condition, to see all of the

smiling faces come through its doors even

when they have to were a face mask and follow their policies.

Keevama also stated, “I am excited to reopen the doors and I am looking forward to a

good year, hopefully we will be open forever to serve both visiting guests and the Hopi

community.”

Keevama also mentioned that the hotel

will likely be opened in mid-June this year,

so Keevama and his staff are excited to open

that back up to the public.

The Hopi Cultural Center is the place to

go when you are feeling hungry or want to

eat their local famous, Hopi Hot Beef. So, if

you are in the area of the “Center of the Universe”, the doors are now open at the Hopi

Cultural Center for those who want to take

a visit.

Hopi Tutuveni June 2, 2021

3

Executive Order #010-2021 Hopi Phase Three Re-Opening

Itam soosoyam qale 'ykini

"WHEREAS, The Constitution and

By-laws of the Hopi Tribe, ARTICLE VI POWERS OF THE TRIBAL

COUNCIL, SECTION 1 (a) and (b)

respectively, authorizes the Hopi Tribal Council to represent and speak for the

Hopi Tribe in all matters for the welfare of

the tribe; and

WHEREAS, the Hopi Tribe is a sovereign tribal nation, responsible to its villages, citizens and members and charged

with providing direction for the health and

safety of all during a public health emergency; and

WHEREAS, on April 27, 2021, after

meeting the specified gating criteria, the

Hopi Tribe implemented Phase Two Reopening, for the time-frame of April 27,

2021 to May 18, 2021; and

WHEREAS,as of May 13, 2021, case

data continues to reflect a downward

trajectory or near zero percent (2.1 %) of

positive tests as a percentage of total tests

over a 14-day period, and

WHEREAS, relative to other States in

the Union, the Hopi Reservation would be

the lowest ranked in terms ofCOVID-19

cases per 100,000; and

WHEREAS, based on an analysis of

available data, benchmarks have been

reached in all thirteen Hopi Villages and

Communities indicating the gating criteria

recommended by the Centers for Disease

Control (CDC) for Phase Three Re-Open-

ing have been met; and

WHEREAS, the Hopi Tribe continues,

with limited resources, its response efforts

to decrease spread of the virus and to

bring the pandemic under control and is

fully aware of the danger of prematurely

opening the community; and

WHEREAS, while significant progress

has been made to achieve a flattening of

the curve, there is still a need for vigilance moving forward with the Phase

Three Re-Opening, including the continuation of certain restrictions.

NOW, THEREFORE BE IT RESOLVED that the Chairman of the

Hopi Tribe authorizes the Phase Three

Re-Opening of Hopi, subject to the following:

1. The use of face coverings is required

inside all public facilities and buildings,

common areas, and outdoor locations

where physical distancing is not possible.

2. The Hopi Law Enforcement Services will coordinate with village leaders

and village security Officers where applicable to allow for welfare checks."

3. Hopi villages and regions that satisfy baseline CDC gating criteria are eligible to begin Phase Three. In recognition

of village sovereignty, re-opening of the

various Hopi villages and communities

will be left to the administration of each

respective village.

*Vulnerable Ind1.v.1 duals

1. Elderly individuals.

Individuals with serious underlying

health conditions, including high blood

pressure, chronic lung disease, diabetes,

obesity, asthma, or those whose immune

system is compromised such as by chemotherapy for cancer, HIV, or other immunosuppressive conditions. **Low Risk

Populations

1. Low Risk Populations are those under

50 without underlying health conditions

and have no contact with a COVID-19

confirmed or probable case.

4. It is recommended that the Hopi busi-

ness sector adhere to the following guidelines, in addition to those listed above for

Phase Three Re-opening:

• Recommend continued adherence to

social distancing protocols.

• Implement screening, and temperature

checks for staff.

• Implement strict Intervention, Prevention, and Control (IPC), cleaning and disinfecting protocols.

• Implement mechanisms to control

flow of traffic within the facility to the extent feasible.

SO ORDERED this 18th day of May

2021.

COMMENTS & FEEDBACK FORM

PROPOSED 2021-2022 Hopi Hunting & Trapping Proclamations

1. Are you agreeable with the establishment of the Hopi Hunting and Trapping Proclamations, which establishes the hunt

and trapping seasons, permit fees, permit numbers and other annual pertinent information?

YES

NO

a. If you answered NO, please indicate reason

2. Are you agreeable with allowing the Hopi WEMP to adjust the hunting and trapping seasons for the 2021-2022 Hopi

Hunting and Trapping Season based on Hopi Tribal Executive Orders (E.O.) due to further COVID-19 Pandemic issues,

which may include closing or implementing restrictions for the Hopi Reservation? These adjusted management issues

may include closure of hunts and trapping to Hopi Reservation residents only, and issuing refund(s) of permit fees,

minus the $15.00 Processing Fee back to those hunters and trappers who may not be allowed to participate in the season

due to the E.O.?

YES

NO

a. If you answered NO, please indicate reason

3. Is the Permit Fees listed in the 2021-2022 Hunting & Trapping Proclamation acceptable prices for Hopi Members?

YES

NO

a. If you answered NO, please indicate what Permit Fee you feel is acceptable for Deer and Elk?

Deer

Elk

Mountain Lion

Bobcat

Hunting & Trapping Fee

Minor Deer

Minor Elk

4. Are you agreeable to requiring all permitted hunter(s) and trapper(s) should be fully vaccinated to come onto Hopi

Reservation Lands and participate in the 2021-2022 Hunting and Trapping Season, to keep the Hopi-Tewa Sinom safe?

YES

NO

a. If you answered NO, please state reason

5. Do you feel the proposed opportunity and proposed fees for Federal Recognized Members and Canadian First Nations

members to apply for a Left-Over General Elk and Minor Elk hunt are acceptable? YES

NO

a. If you answered NO, please indicate reason and recommendation on fees. Reason

6. Do you feel the proposed implementation of the Special Depredation Hunts for either Deer or Elk Hunts, due to

increased reports of crop/field depredations are acceptable? YES

NO

a. If NO, what recommendations would you like to offer? Recommendation

7. Do you agree with the expanded opportunity for the Elk Bag Limits for Hopi Tribal Members to purchase two (2)

permits, as long as one of the permits is either for Elk Depredation, Archery Elk, General Antlerless or Antlered Elk?

YES

NO

a. If you answered NO, please provide a reason

8. If you have suggestions or recommendations that you feel need to be included into the Regulations, please provide

them. Recommendations

Name (Optional):

Contact Number:

Hopi Tutuveni June 2, 2021

4

Proposed 2021-2022 Hopi Hunting & Trapping Proclamations

Wildlife & Ecosystems Management

Program Department of Natural Resources

Kykotsmovi, Ariz. – May 28, 2021, due to ongoing COVID-19 Pandemic precautions, the Hopi

Wildlife & Ecosystems Management Program

(WEMP) is providing key highlights to the proposed

2021-2022 Hopi Hunting & Trapping Proclamations.

We have attached a comment form to solicit comments and feedback.

We have made some slight changes to address potential COVID-19 Pandemic issues and will hopefully continue with the proposed hunts, based on those

issues. Below are the highlighted changes;

1.The Hopi WEMP Office has moved to the Turquoise Well Site complex and is located in Building

#3. All appointments for Over-the-Counter Sales

(OTC), submittal of applications, First Come-First

Served Left-Over Permits and all other issues related

to the Hopi Hunts and Trapping, will be conducted at

our new location.

2.In the event the Hopi Tribes issues Executive

Orders (E.O.) to address any COVID-19 Pandemic

issues, the Hopi Department of Natural Resources

(DNR) and WEMP will adjust management issues

based on Hopi Tribal E.O. which may include closure

and/or restrictions to access to the Hopi Reservation

during the E.O. dates. The WEMP management may

include restrictions on allowing non-resident Hopi

Tribal Members and other non-residents of the Hopi

Reservation from hunting and/or trapping within the

boundaries of the Hopi Reservations. If this occurs,

the Hopi WEMP will refund the hunting and trapping

permit fees, minus the applicable $15.00 processing

fee, if the E.O. limits the permittee from participating in Hopi Tribal Hunting & Trapping.

3.

Hopi WEMP is currently inquiring

whether the Hopi Tribe will be requiring all permitted hunter(s) and trapper(s) to be fully vaccinated

to keep our Hopi-Tewa Sinom safe from potential

COVID-19 issues. This is being reviewed by the Of-

fice of General Counsel, however public input will

be considered.

4.Hopi WEMP is proposing a change to the Elk

Bag Limit, where we include the opportunity to purchase two (2) Elk permits, as long as one permit is

either for Archery, General Antlerless, General Antlered and/or a Depredation Elk Hunt permit and the

Tribal member pays the applicable fees for the two

(2) permits.

5.Minor Elk Hunters may also have the ability to

hunt during the General Antlerless Elk hunts and if

unsuccessful, may hunt during the General Antlered

elk hunt.

6.Hopi WEMP will also implement a MANDATORY Hunter Harvest Check-In, where WEMP will

be collecting samples for Chronic Wasting Disease

(CWD) and collecting ticks from the carcasses. The

Hopi will be participating in CWD Surveillance in an

effort to monitor for the disease, in addition to begin participation on collecting ticks and monitoring

for vector-borne disease and identifying the various

types of ticks found on Hopi and our cervid population,

7.As part of the efforts to assist Hopi Tribal Crop/

Field Owner Depredations, WEMP will implement

a Depredation Hunt with an established boundary to

focus on problem areas. These Depredation Hunts

will be open when determined and will have a pool

of applicants who may choose to purchase a permit.

8.We will still issue Crops/Field Owner/Caretaker Permits when a crop/field has been reported, as

damaged, to WEMP. For further details, please contact WEMP, as we have made changes with approval

from the Hopi Tribal Council, which will apply to

these special permits only.

9.In an effort to reduce in persons gathering, the

MANDATORY ORIENTATION will be suspended

for this year only.

The proposed permit fees and hunt and trapping

season dates are as follows;

GENERAL SEASONS

DEER – Opened to ENROLLED Hopi Tribal

Members ONLY.

ELK – Any Hopi Tribal Member and members

ENROLLED with a federally RECOGNIZED or

Canadian First Nations Tribe may apply for a permit through the OTC Permit sales process.

MINOR ELK – Any MINOR who is ENROLLED with the Hopi Tribe, a federally RECOGNIZED or

Canadian First Nations Tribe may purchase an OTC Permit. A MINOR Elk Permit allows the MINOR to hunt

BOTH Antlerless and Antlered Elk Seasons.

MOUNTAIN LION (Available to NON-TRIBAL Members)

Opened to ENROLLED Hopi Tribal Members, members ENROLLED with a federally RECOGNIZED or

Canadian First Nations Tribe and NON-NATIVE individuals.

2021-2022 Other Hopi Hunting Seasons

The following is OPEN to ENROLLED Hopi Tribal Members, members ENROLLED with a federally

RECOGNIZED or Canadian First Nations Tribe and NON-NATIVE individuals. (See 2019-2024 Hopi Hunting and Trapping Regulations for permit requirements.)

+ If you failed to submit a Post-Hunt Survey by

Tribe or Canadian First Nations Tribe will pay this

the deadline for each hunt you obtained a permit for permit fee to hunt for elk.

the 2019 Hunts, you are INELIGIBLE to hunt that

* A $15.00 non-refundable processing fee is inspecies in 2021.

cluded in the price of each permit fee. The process# Members enrolled with a federally recognized ing fee will be held from any refund processed.

DRAFT 2021 Hopi Big Game Hunting Seasons

DEER AND ELK ARCHERY SEASONS - Opened to ENROLLED Hopi Tribal Members ONLY

This information and the 2021-2022 Hopi Hunting & Trapping Proclamation Comment & Feedback Form

is on Page 3 of this publication and will be posted on the Hopi Tribe’s website under the DNR and WEMP

section. Please feel free to submit comments and/or questions to: DTalayumptewa@hopi.nsn.us Thank you.

Hopi Tutuveni June 2, 2021

5

SPAY/NEUTER CLINIC

June 12th & 13th, 2021

8 am – 5 pm

FOR IMMEDIATE RELEASE

Submitted by: Alexandra Hoyungowa,

Marketing & Special Events Manager

Upper Moenkopi Village

Community Center

Owners must wear face covering &

maintain 6 ft. social distance

Free Spay/Neuter Surgeries

Slots for 40 dogs & 10 cats

Free Vaccinations

Parvo, distemper, rabies

Animal Surrender

Up to 25 animals, Sunday only

For Hopi residents only.

Appointment necessary for

surgery or vaccination.

To schedule an

appointment,

call or go online:

M-F 9am-4 pm

(928) 734-3402

(928) 734-3403

bit.ly/2RPv8au

Services funded through the Inter-Tribal Council of Arizona and the Centers

for Disease Control & Prevention.

Collaborative partners: Hopi Dog Rescue, Clinic HQ University, Coconino

Humane Association, Hopi Department of Health Services

Veterinarian Services by: Asavet Charities

Nominations Open for HEEF

Board Membership

Kykotsmovi, Ariz. – May 25, 2021,

The Hopi Education Endowment Fund

(HEEF) is pleased to announce that nominations are being accepted for consideration for membership on the HEEF Board

of Directors. HEEF is seeking individuals

who have the skills, knowledge and motivation to further the HEEF mission of

ensuring that educational opportunities

are available for the Hopi people well into

the future.

The process for electing Board members is a multi-step process which begins with the nominations. Only current

Hopi Tribal members or current HEEF

Board members can make nominations or

self-nominate. If you would like to nominate an individual, please go to the following link and share information on your

nominee:

https://www.surveymonkey.

com/r/X3HRB33

Nominating Committee Chairperson

Aaron Secakuku stated that “The HEEF

Board is a volunteer board therefore members serve on Committees designed to enhance the HEEF efforts in fundraising,

oversight of investments, implementation

of programs and marketing through various media outlets. Members gain a sense

of great pride knowing that their work will

help to secure the future of the Hopi people.” Nominations close at 5:00 p.m. on

Friday, June 25, 2021.

Members come from all walks of life

and reside locally on-reservation to across

the United States. Each member has a

common desire to contribute their skills

to enhance the fundraising and operational efforts of the organization. Members

volunteer to assist in a variety of fundraising efforts ranging from Special events to

introducing potential donors to the staff.

To learn more about HEEF, we encourage

you to go to the website at www.hopieducationfund.org and/or participate in a

ZOOM information session on Thursday,

June 3, 2021 from 12:00 noon – 1:00 p.m.

Please contact Deanna Machuca, Non

Profit assistant at: dmachuca@hopieducationfund.org To request the link to the

informational zoom meeting.

HEEF is a non-profit organization with

a mission to grow and protect financial resources to provide Hopi Tribally enrolled

members an opportunity to pursue their

educational endeavors to assure the future

of Hopi sinom (people). Since its inception HEEF has supported Hopi students,

communities, and programs with a focus

on education. For more information call

928-734-2275.

NAJA applauds CNN for cutting ties with Rick

Santorum

FOR IMMEDIATE RELEASE

OKLAHOMA CITY— The Native

American Journalists Association applauds CNN for hearing our call to remove Rick Santorum from his commentator position.

On April 26, NAJA released a statement

cautioning Indigenous journalists against

working with CNN and called for Santorum’s dismissal in light of his racist comments at the Young America Foundation’s

conference.

The call launched tremendous grassroots support on social media, not only

echoing our demand for Santorum’s re-

moval, but also pointing to key tenets of

NAJA’s mission, including increased Indigenous representation at every level in

mainstream newsrooms and equal pay.

NAJA thanks the voices who amplified

our calls and for the support from the Indigenous community at large.

We applaud CNN but look forward to

seeing the network’s senior leaders take

significant action to provide their audience with fair and accurate reporting on

Indigenous people. NAJA is still waiting

on a public apology for Santorum’s remarks and for the racist language used

on-air during their 2020 Election Night

coverage.

Hopi Tutuveni June 2, 2021

6

Greetings from the 2021 Virtual 100 Mile Club Active People – Healthy Nation

Photo credit to original sender

Submitted by: Andrea Siow, Physical Fitness

Coordinator Hopi Wellness Center For Hopi Tutuveni

Kykotsmovi, Ariz. – Wednesday, May 26, 2021, we

are just around the corner of our mid-point marker and I

would like to take this time to pat everyone on the back

and thank you for doing a great job thus far.

In this time of adjustment and getting back into the

swing of things, we hope that by participating in the 100

Mile Club, you have been able to get yourself and your

family back into a routine of being physically active. It

is especially important now that we tune into our bodies

and begin rebuilding our overall health and wellness so

that we can rise out of this pandemic with persevering

strength and move forward once again as active people

and a healthy nation.

The Benefits of Physical Activity

Among the many benefits of physical activity are lower

risks of:

•Coronary heart disease

•Stroke

•High blood pressure

•High cholesterol or high triglycerides

•Type 2 Diabetes

•Metabolic Syndrome

•Variety of cancers

•Prevention of weight gain

•Improved cardiorespiratory aerobic fitness and muscular strength

•Reduced falls

•Reduced depression

•Better mental health

•Improved sleep

Asquali, to each of you for making the commitment to

yourself, your family and your community to be active

and set the example for future generations who are watching and following in your footsteps.

Important Reminders & Announcements

It has been challenging not being able to hold our usual

fun run/walks, but we hope that you have been creative

and getting dressed up for the occasions. Our upcoming

dates and themes:

•June 1 – Crazy Sock Run

•June 7 – Mid-point – Lunar Run/Walk

•June 14 – PJ (pajama) Run

•June 21 – Reggae Sunsplash

•June 28 – Bubble Run’s

•July 6 – Neon Run

•July 12 — Rock Your Mocs

•July 19 – Final Event – Color Run

Mid-Point Incentive Distribution

A small incentive will be distributed for the Monday,

June 7, 2021 Lunar run/walk. The distribution will take

place at the Hopi Veteran’s Memorial Center on Friday,

June 4, 2021 from 10:00 a.m. – 2:00 p.m.

Incentives will be distributed on a “FIRST COME

FIRST SERVED BASIS” to 100 Mile Club Registered

Participants, ONLY.

-Please follow driving directions upon arrival at the

Hopi Veteran’s Memorial Center.

-Face Mask Required

-Remain in Your Vehicle

Mileage Log Sheets

Hard Copy Log Sheets - If you selected to submit hard

copy mileage log sheets, the log sheets were mailed to

you. If you have not received the log sheets, please contact us as soon as possible. Hard copy log sheets may be

submitted on a bi-weekly basis.

Drop Box Locations

•Hopi Traders Market – Keams Canyon

•Polacca Circle M

•Hopi CHR Office – Hopi Health Care Center

•C Store – Sipaulovi

•Kykotsmovi Village Store

•Upper Moenkopi Community Building

Digital Log Sheets - Digital log sheet links will be pro-

vided in weekly emails and posted on the Hopi Wellness

Center Facebook page. All of the weekly links will remain open until Friday, July 30, 2021 closing promptly

at 5:00 p.m. Once the links have been closed, we will no

longer accept digital mileage submissions.

NOTE: As a participant submitting digital log sheets,

once you enter your miles, you are responsible for ensuring you have received a copy of your responses from

Google Forms. If you do not receive a confirmation from

Google Forms, it is also your responsibility to follow up

with our program to ensure your mileage has been received. Please double check the email address you entered when you registered to make sure it is correct, and

always ensure the email address you enter on your weekly digital log sheet is correct.

Important Deadline Dates

•The final day to earn miles is Friday, July 23, 2021.

•The deadline to submit your miles digitally is Friday,

July 30, 2021 BEFORE 5:00 p.m. at which time the links

will be closed.

•Hard copy log sheets must be placed in a drop box,

postmarked, or emailed by 5:00 p.m. on Friday, July 30,

2021.

100 Mile Club Contact Information

The Hopi Wellness Center staff continues to telework

from home. Inquiries regarding the 100 Mile Club may

be conducted through the following options until further

notice:

•(928) 734-3432

•Hopi Wellness Center Facebook page

•Hopi Wellness Center Facebook messenger

We greatly appreciate your patience and understanding. Please contact us if you have any issues with the

links provided. We look forward to the upcoming weeks

and encourage you to make the best out of this year's Virtual 100 Mile Club.

Hopi Tutuveni June 2, 2021

7

Hopi Behavioral Health Services

Partnerships For Success

SEEKING

HIGH SCHOOL

“ENCOURAGING A LIFE OF SOBRIETY THROUGH SPIRITUAL AND

CULTURAL RESILIENCY”

Seeking

HEALTH

CAREER

MOTIVATED

JUNIORS

Hopi Behavioral Health Services

&

Substance Abuse & Mental Health Services Admin.

(SAMHSA)

800-662-4357

SENIORS

THE IDEAL CANDIDATE

 Has Health Career

Interests

 Has Compassion For Our

Communities

 Has A Teachable Spirit

 Is Willing To Step Out Of

Their Comfort Zone

 Is Not Afraid Of Honest,

Hard Work

 Is Self-Motivated & Able

To Work Independently

 Is Organized & Reliable

 Is A Team Player

928-737-6300

For more information,

call (928) 737-6342

Your Hopi

Community Health

Representatives (CHRs)

proudly introduce a PAID,

short term employment opportunity

this Summer!

Behavioral Health Crisis Hotline

877-756-4090

Teen Lifeline [phone or text]

800-248-8336

https://www.hopi-nsn.gov/partnerships-forsuccess/

JLomayaktewa@hopi.nsn,us

ShAdams@hopi.nsn.us

The Hopi CHRs’

YOUNG ADULT INTERNSHIP PROGRAM

“COMMUNITY HEALTH AIDES”

Provides valuable insight into future

career opportunities & work readiness

trainings

Builds strong work ethics & skillsets

Boosts self-confidence

Hopi Behavioral Health Services

P.O. Box 68

Second Mesa, AZ 86043

928-737-6300

Fax: 928-737-6333

$PAID$ 40 hrs/wk for 8 weeks

MORE DETAILS

COMING SOON!

ELIGIBILITY REQUIREMENTS

o Must be 16 - 18 years old

(JRs/SRs of Academic School Year 2021)

o Must reside on the Hopi Reservation

o Must complete entire 8 weeks

o Must provide own

transportation

Want to Advertise with the

Hopi Tutuveni?

YOUR BUSINESS NAME HERE

Are you confused on how to advertise in the local

newspaper? The Hopi Tutuveni can help you. With

our friendly staff to help you with your advertisement, advertising is now made Easy!

Call or email today.

The COVID -19 PANDEMIC CAN BE STRESSFUL

YOU ARE NOT ALONE!!

Hopi Behavioral Health Services is aware of the impact the COVID-19 pandemic has on our

Hopi/Tewa community. Fear and anxiety about this new disease and the unknown can be

overwhelming and cause emotional strain on you and your family. We have all suffered

multiple and significant losses during these trying times.

If you’re feeling…

Overwhelmed, fearful, worried, or have lost a loved

one, The following are available resources during this

pandemic

For Emergencies:

Hopi Law Enforcement

928-734-7340

OR 911

928-401-7792

Hopi CPS

928-401-7557

Crisis Resources:

Hopi Behavioral Health

928-737-6300

Northern Arizona Crisis Hotline

1-877-756-4090

SAMHSA’s National Helpline

1-800-662-HELP(4357)

National Suicide Prevention

1-800-273-TALK(8255)

Crisis Text Line

text

NATIVE to 741741

Trevor Project (LGBTQ2S)

1-866-488-7386

Trans Lifeline

1-877-565-8860

Veteran’s Crisis Hotline

1-800-273-TALK (8255)

 Crisis chat or text

8388255

8

HOPI H.E.O.C UPDATES

Hopi Tutuveni June 2, 2021

Hopi Tribe Department of Health and Human Services Covid-19 Emergency

Response May 27, 2021 Report

Kykotsmovi, Ariz. – May 27, 2021 — Over the past

weeks the CDC has revised their recommendations “when

you’ve been fully vaccinated” 1) how to protect yourself

and others 2) choosing safer activities 3) what you can

start to do 4) what you should keep doing with towns,

cities, county and the state following the recommended

guidance. Hopi Executive Order #010-2021 Hopi Phase

Three Re-Opening is based upon data reflective on the

downward trajectory or near zero percent (.1) percent

of positive tests as a percentage of the total test over a

14-day period. Analysis of available data, benchmarks

have been reached in all thirteen Hopi Villages and Communities indicating the gating criteria recommended by

the Centers for Disease Control (CDC) for Phase Three

Re-Opening have been met.

The use of face coverings is mandated and required

inside all public facilities and building, common areas,

and outdoor locations where physical distancing is not

possible on the Hopi reservation. Social distancing is

mandated up to six-feet including sanitization protective

measures.

It was during this time about year ago when graduations and the holiday’s took a toll throughout the reservation where we saw a significant rise with COVID-19

cases. Moving forward to the present we now have the

vaccine available and our number of cases continue to

remain low. But, for the vaccine to do its job, we must

do our part and continue to push for as many people as

possible who are eligible to get vaccinated. The CDC’s

recent approval of the Pfizer vaccine for those12-years

old and older, opened vaccination to protect even more

people from the effects of COVID-19. Getting adolescents vaccinated means their faster return to social activities and can provide parents and caregivers peace of mind

knowing their family is protected.

If you have not already contacted the Hopi Health

Care Center to schedule your vaccination, call (928)7376029/6081/6257 or 6204 to schedule appointments.

Moenkopi residents can call the Tuba City Regional Health Care vaccine clinic now available by calling

1-866-976-5941 to schedule your appointment.

Here is a quick overview of the COVID-19 statistics on

a national, state, and local level:

As of May 24, 2021 the United Sates now has approximately 32.95million confirmed positive cases with

13,186 new cases and over 587,342 deaths reported.

Over 877,182confirmed positive cases now exist in Arizona. Of those, close to 16,390 are in Navajo County

alone.

The Hopi Health Care Center has tested over 9,339

patients to this date. Over 1,391 of those tests at Hopi

Health Care Center came back positive with 1009 from

Hopi Tribal members. Tuba City Regional Health Care

Corporation reported 271 positives for Hopi Villages

with a combined number of 1280 positive Hopi Tribal

members.

The information above provides a glimpse of the current numbers in those respective villages.

The information by villages presented above is released

by the Hopi Department of Health & Human Services,

and the data shown reflects patients tested at the Hopi

Health Care Center and at the Tuba City Regional Health

Care Corporation specifically on Hopi tribal members.

The data from Lower and Upper Munqapi is consolidated until specific data can be re-verified. (+) number decreased due to individual being identified from another

village. The community of residence for one Hopi Tribal

member who tested positive at HHCC is in the Phoenix

metropolitan area. The community of residence for four

Hopi Tribal members who tested positive at HHCC is in

Winslow. The data here does not include all state-wide

data from other facilities such as Flagstaff, Winslow,

Phoenix or other hospitals.

*Note: These data include newly added testing results

from the Abbott ID NOW machine since April 20, 2020

** A total of 1281+ individuals who tested positive are

members of the Hopi Tribe.

+ Includes Village member(s) retested positive

Prevention:

Watch for symptoms. People with COVID-19 have

had a wide range of symptoms reported – ranging from

mild symptoms to severe illness.

Symptoms may appear 2-14 days after exposure to the

virus. People with these symptoms or combinations of

symptoms may have COVID-19:

•

Cough

•

Shortness of breath or difficulty breathing

•

Or at least two of these symptoms:

•

Fever

•

Chills

•

Repeated shaking with chills

•

Muscle pain

•

Headache

•

Sore throat

•

Congestion or runny nose

•

Nausea or vomiting

•

Diarrhea

•

New loss of taste or smell

Children have similar symptoms to adults and generally have mild illness.

This list is not all inclusive. Please consult your medical provider for any other symptoms that are severe or

concerning to you.

Hopi Tutuveni June 2, 2021

HOPI H.E.O.C UPDATES

9

Hopi Tribe Department of Health and Human Services Covid-19 Emergency Response May 27, 2021 Report, Cont.

Hopi Tutuveni June 2, 2021

10

Hopilavit - Numbers, Colors, and Directions

N A A L O Y O U P G P O K U R A N J X H D N

A L V P K S U N A T Q O O T S A W K P O V U

N P E G N A S T P Z P A K P J E Q W B O K I

A O O S A J P E O Y O Q J A G T G M C P Z V

L R O Y A A P C V L K I K N B A N R N B W O

X D S W Q A P O O H U V E G S T A K P X Q A

C T O V I S T E O U U M G A A Y V A O U A Y

O Z B P O A U U S P S O K Q Y A A W K P Y K

Y W Q A Y K T A T T A Q I A A M A E U G N U

O P A K W T R O O K O P I P V S T S Y A I T

O N U V M A S O O M O K S O A B D T A A N A

L U P A A P T S I V O T I K N Y W I P K I V

S U P G N A L A A P K C W E E N I M A I W U

K W I N I N G Y A B F A G N A V A A T S K N

May 19 issue

Want to Advertise with the

Hopi Tutuveni?

YOUR BUSINESS NAME HERE

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our friendly staff to help you with your advertisement, advertising is now made Easy!

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HOPI WORDS

Sikaagpu (Yellow)

8. Nanal

Kawestima (NW)

Sakwa (Blue-Green)

9. Pept

Nuvatukya’ovi (SW)

Paalangpu (Red)

10. Pakwt

Weenima (SE)

Qöötsa (White)

11. Pövö’ös

Kiisiw (NE)

Qomvi (Black)

12. Öösa

Kwiningya (NW)

Ko’moosa (Purple)

13. Pangaqap

Taavang (SW)

1. Suukya’

14. Pööpap

Tatya (SE)

2. Lööyö’

15. Paaptsivot

Hoop (NE)

3. Paayo’

16. Suukop

Kwininyaqw (NW)

4. Naalöyö’

17. Rookop

Taavangqw (SW)

5. Tsivot

18. Payukop

Tatkyaqw (SE)

6. Navaya

19. Narukop

Hoopaqw (NE)

7. Tsange’

20. Sunat

Hopi Tutuveni June 2, 2021

11

Larry’s Corner

Howling like the wind

Larry “The Cat“ Watahamagee

I have come to the conclusion that the Hopi

people are the very definition of Ka-Hopi or Not

Hopi. In our stories we talk about taking a name

from the owner of this land and he in turn gave

us a task, a task to never soil his name, never

soil his hard work, and never soil who we are.

But we forgot about that task and we became

leaders, we became greedy, and we became the

very definition of Ka-Hopi.

Now you’re probably saying to yourself that

you are not Ka-Hopi and you are probably right,

but we all sinned before and we all took life and

the little things for granted. The only people

who are not ka-Hopi are the babies in the world.

But I’m pretty sure there are others out there

that have never “sinned” their entire life, but believe me, we sinned in one way or another.

I know, I know, you are probably saying to

yourself that I’m a cat and I don’t know what

I’m talking about, but I’m a Hopi cat so I know

how people operate and how they think. We

think we are the keepers of the land and holders

of knowledge, but in reality, those are just titles

we gave ourselves to look and feel important.

Titles shouldn’t matter if you believe in the real

Hopi way, and titles shouldn’t be tossed around

like popcorn, it should be earned with subtle intentions.

Now you’re wondering what about the leaders of the Hopi people? Well, they became leaders because the owner of the land saw them fit

to lead the Hopi people and I think that they are

still trying to uphold their task from the owner

of the land. See, as Hopi people we forgot our

task at hand. We think we still know it but we

forgot most of it, and kind of left the important

details out, so we just know the “gist” and we

“cut to the chase” of how Hopi is supposed to

act and conduct ourselves.

By this time, you are probably wondering,

“Who does this cat think he is?” I cannot tell

you what to do, I’m just a cat, but I see this type

of behavior in the community from everyone.

We lost how to be Hopi but we still remember

how to live like a Hopi. We lost how to be a

Hopi, but we still remember how to be a Hopi.

Do you “kinda-sorta” get it?

When we remember our childhood, we remember the good times we had. We remember the highlights of our lives when we were

children. We never remembered how we were

Hopi. We lived life just out of instinct and like

how we wanted to. No one told us that we have

to be Hopi to this certain degree. No one told us

how Hopi should conduct ourselves. We learned

through watching and listening and through stories, songs, and our general everyday life. That’s

how Hopi should be taught, not from a textbook

but by living, generally through life.

No one told us how to be Hopi, because it was

in our blood to tell us how to be Hopi. No one

told us how to be Ka-Hopi because it was already ingrained in us to be Ka-Hopi. Kind of

like how non-Hopis call it the “original sin” if

you know what I mean.

Now don’t go skinning the cat because you

disagree with what I’m saying. We all have a

different opinion on how Hopi should be. That

seems to be wherein the problem lies, with the

Hopi people, we all have a different outlook

on Hopi life. We can never agree on who is

right and who is wrong. And that is ok in some

sense…I guess.

Most of you are probably saying to yourself,

“This cat is not Hopi.” And we are all not Hopi

if you look at it. We all made ourselves Ka-Hopi

the minute we took the task of becoming stewards of the land. It was like a car loan, we were

promised something cool and sporty, but we

didn’t read the contract through and just signed

it, and now we are paying for more, than we

agreed to.

So, my advice to you is that we all have sinned

in one way or another. We all did something bad

in our past, but that shouldn’t hold you to the

past. The past is the past, we can either learn

from it, or we can distress from it. The only way

we can move forward with our Ka-Hopi selves

is to look to the future, to prepare ourselves, and

to look to the past to get the knowledge and understanding on how to be better Hopis. I say, the

goal is not to be a perfect Hopi but to be a better Hopi than our former self. Then again, being Ka-Hopi might seem “kinda” cool to some

who believe going to casinos, eating crab legs

and shopping for things you don’t even need is

Ka-Hopi.

Hopi Tutuveni June 2, 2021

12

LEGALS

The Hopi Tribe P.O. Box 123 Kykotsmovi, AZ 86039

Ph: (928) 734-3281 • Ph: (928) 734-3283

Would you like to put your

legals into the Newspaper?

For a single price you can

put your legals into the

Hopi

Tutuveni

Call 928-734-3283

Editorial Board of the Hopi Tutuveni

Kyle Knox , Gary LaRance, George Mase

Hopi Tutuveni Staff

Managing Editor - Romalita Laban

RLaban@hopi.nsn.us

Assistant Editor - Carl Onsae

Consae@hopi.nsn.us

LEGALS

ANNOUNCEMENTS

The Hopi Arts & Education Association

Proudly Presents the:

10thAnnual Hopi Arts & Cultural Festival

OBITUARIES

We offer available space for obituaries, and

they are always free.

If you plan on publishing an obituary call or

email today

Call:

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August 28th & 29th

Attention Hopi Artists

Applications for booth rentals are available at:

www.hopifestival.com

For more information or to request an application by

mail, please contact us by email at:

info@hopifestival.com

or by phone at 928-522-8675.

BIRTHDAY/CONGRATS!

HAPPY_________DAY...

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ARTICLES:

The Hopi Tutuveni welcomes

original articles reporting on

local, state and national news

items on issues related to Hopi

or of interest to Tutuveni readers.

We are especially interested

in articles reporting on issues

impacting the Hopi community or on events and activities

involving members of the Hopi

Tribe. Articles should not exceed

750 words and should follow

Associated Press (AP) style and

formatting. The Managing Editor

reserves the right to edit articles

for style, length and clarity. If

significant editing is required, the

Managing Editor will communicate with the author prior to

publication.

PRESS RELEASES:

Press releases must be submitted

on official letterhead and include

the name of the organization,

contact person, telephone

number and email address. Press

releases should not exceed 500

words and submissions may be

edited for length and clarity at

the discretion of the Managing

Editor.

LETTERS TO THE

EDITOR:

Letters should not exceed 250

words and must include the

name of the author and complete

contact information (address,

phone number or email address)

CIRCULATION

and the headline and date of

the article on which you are

commenting. Anonymous letters

and letters written under pseudonyms will not be published.

The Tutuveni Editorial Board

reviews all submissions and

reserves the right not to publish

letters it considers to be highly

sensitive or potentially offensive

to readers, or that may be libelous

or slanderous in nature.

OPINION EDITORIALS:

Submissions must be exclusive

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exceed 1,000 words. Include with

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SUBMISSION

INSTRUCTIONS:

All press releases, articles, letters

to the editor and Opinion Editorials electronically as a Word

document or as plain text in the

body of an email to the Managing Editor, Romalita Laban. Articles, press releases and editorials

that include photographs must

be in high resolution, 300dpi

or more and must be your own.

All photographs must include

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each photo listing the names of

all persons included in the photo

and description of what the photo is about. (call 928-734-3283

for deadline schedule).

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 June 2, 2021

13

REQUEST FOR PROPOSAL

ADVERTISEMENT

PROPOSAL SUBMISSION DEADLINE: June 11,

2021, 3:00 PM (MST)

BIDDERS’ MEETING: June 18, 2021

QUESTIONS SUBMISSION DEADLINE: June 17,

2021

Questions can be submitted prior to the Bidders’ Meeting on June 18, 2021; However, no answers will be provided and/or circulated prior to that date.

Questions may be submitted in written form to:

Contact Name: Alice Whiterock

Contact Address: P.O. Box 98

Telephone Number: (928)737-2571 Ext: 4208

Email Address: Alice.Whiterock@secondmesa.org

INTRODUCTION

Second Mesa Day School invited and welcomes proposals for their SMDS Food Service Project. Based on

your work experience, your firm has been selected to receive this RFP and is invited to submit a proposal. Please

take the time to carefully read and become familiar with

the proposal requirements. All proposals submitted for

consideration must be received by the time specified

above under the “PROPOSAL SUBMISSION DEADLINE.”

BIDDERS SHOULD NOTE THAT ANY AND ALL

WORK INTENDED TO BE SUBCONTRACTED AS

PART OF THE BID SUBMITTAL MUST BE ACCOMPANIED BY BACKGROUND MATERIALS AND

REFERENCES FOR PROPOSED SUBCONTRACTOR(S) – NO EXCEPTIONS.

PROJECT AND LOCATION

The project associated with this RFP is or shall be

located at 100 Main School Rd, Second Mesa, Arizona

86043.

PROJECT MANAGER CONTACT INFORMATION

The following individual(s) are the assigned contact

for the following:

For questions or information regarding Finances, contact:

Name:Lois Reynosa-Qumyintewa

Title:Business Manager

Phone: (928) 737-2571 Ext: 4214

Fax:(928) 737-2565

Attn: Lois Reynosa-Qumyintewa

Email:Lois.Reynosa-Qumyintewa@secondmesa.org

Advertise your legals with the Hopi

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Announce Here...

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email today

Call:

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ads@hopi.nsn.us

Timothy L. Nuvangyaoma,

Chairman

Clark W. Tenakhongva,

Vice Chairman

Judith Youvella

Tribal Secretary

Wilfred Gaseoma, Tribal

Treasurer

Violet Sinquah, SergeantAt-Arms

Village of Upper

Moenkopi

Robert Charley

Philton Talahytewa, Sr.

Hubert Lewis, Sr.

Michael Elmer

Village of Bakabi

Dwayne Secakuku

Clifford Qotsaquahu

Velma Kalyesvah

Village of Kyakotsmovi

David Talayumptewa

Phillip Quochytewa, Sr.

Danny Honanie

Herman G. Honanie

Village of Sipaulavi

Rosa Honanie

Alverna Poneoma

Raymond Namoki

Village of Mishongnovi

Delores Coochyamptewa

Pansy Edmo

Mervin Yoyetewa

First Mesa Consolidated

Villages

Albert T. Sinquah

Dale Sinquah

Wallace Youvella, Jr.

Hopi Tutuveni wants to

know how we are doing.

Call or email us to tell us if we are doing a

good job. We need your feedback

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PH: (928) 289 0974

porturica@gmail.com

Hopi Tutuveni June 2, 2021

14

Lawmakers focus on justice reform, racist

mascots

Nevada State Legislature building in Carson City, Nevada. (Photo courtesy of Nevada Legislature website)

Sam Metz

Associated Press/Report for America

CARSON CITY, Nev. — Nevada lawmakers passed

hundreds of bills to reform the criminal justice system,

boost funding for K-12 schools and ban “ghost guns."

They're expected to work long days until May 31, when

the four-month legislative session is scheduled to adjourn.

The Democratic-controlled statehouse has already passed

dozens of priority bills, but the fate of several major proposals — about energy infrastructure, mail-in voting and

laid-off workers who want the jobs they had before the

pandemic — remains up in the air.

Here are some notable measures to have passed through

the state Senate and Assembly this week:

RACIST MASCOTS and “SUNDOWN SIRENS”

A bill that would direct local school boards to adopt

policies that ban “racially discriminatory” mascots, logos

and names unless groups such as local Native American

tribes consent to their use passed on Thursday through the

state Senate. Assemblyman Howard Watts, the proposal’s

sponsor, added amendments to prohibit former “sundown

towns” from sounding sirens during the evening to herald curfew for non-white residents. Towns like Minden

and Gardnerville in northern Nevada for decades had ordinances to stop Native Americans and other non-white

people from being in public after sundown. The ordinances were long ago repealed, but the sirens still blare.

The amended measure now heads to back to the Assembly for approval and, if passed, will go to governor

for consideration.

TRAFFIC TICKETS

Two bills sponsored by Assemblywoman Rochelle

Nguyen that target traffic violations passed through the

state Senate this week. The Las Vegas Democrat is proposing banning law enforcement agencies from requiring their officers to meet ticket quotas and issue a certain

number of traffic citations over a given period of time.

The bills received opposition from some police departments, but won support from libertarians, police reform

advocates and police unions. It now heads to Gov. Steve

Sisolak for consideration.

She also has a proposal to decriminalize traffic violations and make them civil offenses. Under current law,

minor traffic violations are criminal misdemeanors and

people who don't show up to their court dates or don't pay

the fines can face jail time and the issues that come with

having a criminal record. Supporters cited a University

of Nevada, Las Vegas study that found Black and Latino

drivers, as well as drivers from low income zip codes in

Clark County, were more likely to be issued warrants for

traffic violations. The proposal passed through the Assembly on Thursday amid opposition from municipalities

that rely partially on the fines to underwrite part of their

budgets. It now heads to the Senate.

Democratic lawmakers have characterized the traffic

measures as part of their criminal justice reform agenda,

hoping to limit unnecessary encounters with law enforcement and avoid putting people in prison for things like

minor traffic violations.

K-12 SCHOOL FUNDING

After years of working to alter the state's education

funding formula and allocate more funding to K-12 education, lawmakers funneled an additional $502 million to

schools. A measure introduced on May 10 passed through

the state Senate last week and cleared the Assembly on

Friday. It now heads to the governor.

The measure comes two years after lawmakers approved changes to the state’s education funding formula,

which centralizes funding into one account and distributes it using “weights” that tie funding to student needs.

Early in the pandemic, lawmakers feared they would

lack the funding to put the changes into effect, but better-than-projected tax revenue gave lawmakers the funds

to increase average per-pupil spending 22 percent, from

$7,400 to more than $9,000 in the 2021-2022 school year.

GHOST GUNS

State senators on Friday passed an amended version of

a proposal to ban build-your-own firearms without serial

numbers after its sponsor added carve-outs for antique

gun-owners who collect firearms produced before 1969.

The “ghost gun” ban now heads to the governor's desk for

consideration.

An initial version of the bill included provisions that

would strengthen penalties against people who bring firearms to casinos that prohibit them. It was amended out

amid opposition from criminal justice reform advocates

but has been reintroduced as an emergency measure and

is scheduled to be heard Saturday.

DECORATIVE GRASS

State senators on Friday voted unanimously for a proposal to ban “non-functional turf” in southern Nevada.

The bill would prohibit the use of Colorado River water

to irrigate grass in office parks, street medians and entrances to housing developments. It would require removal by 2026 and create an advisory committee to consider exceptions. Southern Nevada gets about 90% of its

water from the over-tapped Colorado River. If signed by

the governor, the legislation would make Nevada the first

state to ban certain categories of grass.

SWAMP CEDARS

State senators on Monday passed a bill to protect

groves of Rocky Mountain juniper trees in northeastern

Nevada that the Ely and Duckwater Shoshone tribes consider sacred. The trees, known as swamp cedars, have

for years been caught in the crossfire of fights over a

proposed pipeline that would transport groundwater to

southern Nevada and the growing areas surrounding Las

Vegas. The Southern Nevada Water Authority still owns

land and water rights in the rural region, but decided to

“indefinitely defer” its pursuit of permits last year. If the

governor signs the bill, it could present challenges should

the agency choose to revive its plans.

Hopi Tutuveni June 2, 2021

15

USDA Says Apache Religious Rights Can't Block Copper Mine

By Andrew Westney

PRESS RELEASE

Law360 (May 18, 2021, 9:06 PM EDT)

-- The U.S. Department of Agriculture has

urged the Ninth Circuit to reject an Apache

nonprofit's bid to block a land swap for the

Resolution Copper mine in Arizona, saying the group's practice of religion in the

Oak Flat area doesn't trump the government's authority to make the move.

Apache Stronghold told the circuit court

in March that an Arizona federal judge

wrongly rejected its bid for an injunction

to prevent the swap of land currently part

of the Tonto National Forest for the copper

mine, claiming the mine would destroy the

tribe's sacred Chi'chil Bildagoteel land in

violation of the Religious Freedom Restoration Act and the First Amendment.

The government said in its brief Monday that neither the RFRA nor the free

exercise of religion clause of the First

Amendment "require[s] the government

to conduct its own internal affairs, including the management of its own property,

in conformity with the religious beliefs or

practices of its citizens."

While Apache Stronghold has shown

that its exercise of religion will be hurt by

the government's action, it hasn't shown

that amounts to a "substantial burden"

under the RFRA since the U.S. Supreme

Court and the Ninth Circuit "have both

held that government management of federal land does not impose a substantial

burden on anyone, even if it severely impacts their religious exercise," according

to the government's brief.

Apache Stronghold claimed in its January complaint against the USDA that there

wasn't enough notice about the copper

mine, a joint venture of Rio Tinto Group

and BHP Group, and that it infringes treaty and religious rights, improperly handles

Apache land and violates the RFRA.

The mining companies gained access to

the land after the passage of a 2014 military spending bill that included a section

added by then-Arizona U.S. Sens. John

McCain and Jeff Flake swapping Tonto

National Forest acreage containing the

Oak Flat parcel for private land owned by

Rio Tinto and BHP.

In February, U.S. District Judge Steven

P. Logan denied Apache Stronghold's request for a preliminary injunction against

the USDA to halt the land swap, saying

losing the sacred site didn't violate the

RFRA.

The judge said a "substantial burden"

means the government has coerced someone by forcing them to choose between

their religion and receiving a government

benefit, or penalized them for exercising

their religion, and "even where land is

physically destroyed, the government action must still fall within those two narrow

situations to make out a free exercise violation under [the law]."

On March 1, the federal government

told the Ninth Circuit it was revoking

the final environmental impact statement

and draft record of a decision it issued in

January so it can further review the proposed land exchange and consider input

from tribes and parties including Apache

Stronghold. Four days later, a split Ninth

Circuit panel refused an emergency bid to

block the land exchange.

In its opening brief to the Ninth Circuit,

Apache Stronghold, a San Carlos Apache

group, pressed the court for an injunction on the planned land swap, saying the

Biden administration's decision to extend

the environmental review of the project

doesn't guarantee the mine won't go forward.

The group argued that Judge Logan's

ruling "defies both precedent and common

sense" by finding that destroying the Oak

Flat site and "rendering plaintiff's religious exercise forever impossible" wasn't

a substantial burden under the RFRA,

while a lesser imposition like threatening the group with trespassing at the site

would be.

And the land swap would violate the

free exercise of religion clause of the

First Amendment because the law authorizing the land swap isn't "a neutral law

of general applicability" not intended to

discriminate, as the judge found, but instead "has the direct and anticipated effect

of decimating Native American religious

life while affecting almost no others," the

group said.

The exchange would also violate the

federal government's trust duty and fiduciary duty to the Apaches under an 1852

treaty, which requires the government "to

govern the Apache territory including Oak

Flat in a manner 'conducive to the prosperity and happiness of' the Apaches,"

Apache Stronghold said.

Three groups of amici — the National

Congress of American Indians and Indian

law scholars, the Jewish Coalition for Religious Liberty and others, and religious

liberty legal scholars — have backed the

appeal, saying the destruction of the site

for the Resolution Copper mine project would run roughshod over Apache

Stronghold's religious rights. The NCAI

argued in its brief that the USDA and its

U.S. Forest Service haven't shown that the

federal government has a compelling interest that might let it carry out the land

exchange under the RFRA.

Rep. Raúl Grijalva, D-Ariz., the chairman of the House Committee on Natural

Resources, reintroduced legislation March

15 that would repeal the 2014 congressional authorization for the land exchange,

after previous incarnations of his bill

failed.

In its brief Monday, the USDA said the

Ninth Circuit's 2008 decision in a Navajo Nation suit against the Forest Service

holds that there's no substantial burden

for purposes of the RFRA unless the government is "punishing or coercing" someone, and that's not the case with Apache

Stronghold even if Oak Flat is destroyed.

While the group said it meets the

RFRA's requirements because it would be

deprived of the benefit of using Oak Flat

and could be penalized for trespassing

there, the law "does not require government to provide religious claimants with

'benefits' not available to anyone else; it

prohibits the government from conditioning an 'otherwise available benefit' on the

claimant's religious status or conduct," the

government said.

And Apache Stronghold can't show the

law authorizing the land swap isn't "a neutral law of general applicability" because

it was intended to stimulate the economy

in the area and not to suppress the group's

religious exercise, according to the brief.

The group also hasn't pointed to any

"discrete, enforceable trust duty the government has violated," and "even if a trust

obligation had existed, Congress extinguished it when it passed the act and directed that the land at issue be transferred

to a private company," the government

said.

In addition, the Biden administration's

decision to complete an environmental

impact statement means there's no immediate threat of irreparable harm to the

group, the government said.

"We disagree that destruction of our sacred land and stopping our ability to practice our religion are not a 'substantial burden,'" former San Carlos Apache Tribal

Chairman Dr. Wendsler Nosie Sr., who is

a co-founder of Apache Stronghold, said

in a statement Monday. "And we disagree

that giving away Chi'chil Bildagoteel to

a private company, thus subjecting us to

criminal trespass arrest for praying on our

sacred grounds, is not coercion."

The Apaches' 1852 treaty with the federal government is "a promise that we expect to be kept," Nosie added.

Apache Stronghold will file a reply brief

on June 7, according to the statement.

The USDA was not available for comment Tuesday.

Apache Stronghold is represented by

Luke W. Goodrich, Mark L. Rienzi, Diana

M. Verm, Joseph C. Davis, Christopher

Pagliarella, Daniel D. Benson and Kayla

A. Toney of the Becket Fund for Religious

Liberty and Clifford Irwin Levenson and

Michael V. Nixon.

The federal government is represented

by Acting Assistant Attorney General Jean

E. Williams and Andrew C. Mergen, Joan

M. Pepin, Tyler M. Alexander and Katelin

Shugart-Schmidt of the U.S. Department

of Justice's Environment and Natural Resources Division.

The case is Apache Stronghold v. U.S.

et al., case number 21-15295, in the U.S.

Court of Appeals for the Ninth Circuit.

--Additional reporting by McCord Pagan, Diamond Naga Siu, Morgan Conley and Joyce Hanson. Editing by Bruce

Goldman.

Hopi Tutuveni May 19, 2021

16

Weatherization

Assistance program

No-cost energy-efficient

home improvements

APS customers who own a home on Navajo or Hopi tribal land may be eligible for no-cost

energy-efficient home improvements that could help lower your energy bill, including:

• Air sealing

• Improved insulation

• Heating, cooling and air quality

The energy-efficient improvements are made through Red Feather Development Group. To

learn more and see if you qualify, call Red Feather at 928-440-5119.

More ways to save on your energy bill

Our Energy Support program offers qualified customers a 25%

discount on their energy bill every month. To see if you qualify

and find other assistance resources, visit aps.com/assistance.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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