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
Read more
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
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.
CONSAE@HOPI.NSN.US OR 928-734-3281
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:
928-734-3283or email:
ads@hopi.nsn.us
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...
We offer space for your congratulation!
Call or email TODAY to learn more
Call:
928-734-3283
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
to Hopi Tutuveni and should not
exceed 1,000 words. Include with
your submission your name and
complete contact information,
along with a short 2-3-sentence
bio.
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
photo credit and a caption for
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
Tutuveni! Call or email to advertise as
your legal. Pricing is available upon request for black and white legal advertisements Call: 928-734-3283 or email:
ads@hopi.nsn.us
BIRTHDAY/CONGRATS!
HAPPY_________DAY...
We offer space for your congratulation!
Call or email TODAY to learn more
Call:
928-734-3283
ANNOUNCEMENT
Announce Here...
We offer available space for obituaries, and
they are always free.
If you plan on publishing an obituary call or
email today
Call:
928-734-3283or email:
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
928-734-3283
Hopi Tribal Council
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.