Tag Archives: Hopi Partition Land

4/27/2012 Statement of Glenna Begay to Mr. James Anaya, Special Rapporteur on the Rights of Indigenous Peoples, OHCHR

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4/27/2011 Statement of Leta O'Daniel to Mr. James Anaya, Special Rapporteur on the Rights of Indigenous Peoples, OHCHR

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10/12/2011 Navajo Hopi Observer: Water contamination threatens Hopi Partitioned Land

Photo: A picture taken near Black Mesa, Ariz., part of the Hopi Paritioned Land 10/12/2011 Navajo Hopi Observer: Water contamination threatens Hopi Partitioned Land: In response to the recent discovery of water contamination on Hopi Partitioned Lands (HPL), the Hopi Tribe’s Office of Range Management has capped several water wells and fenced off windmills as a public safety measure, including some used by trespassing Navajo tribal members who have not signed Accommodations Agreements (AA) to reside on HPL. Water contamination was among the issues discussed earlier this month during a Navajo AA Permittees meeting held on HPL on behalf of the Navajos who have signed a 75-year AA. These AA Navajo families legally reside on HPL with grazing permits recognized by the Hopi Tribe.

“Many of the issues they’re having on not only HPL, but the Navajo Partitioned Lands (NPL), are because Navajos who have not signed the Accommodation Agreement are illegally trespassing, cutting fences and bringing in their own livestock in the middle of the night,” said Hopi Tribal Councilman Cedric Kuwaninvaya, from the village of Sipaulovi and chairman of the Hopi Land Team. “One would expect this to be a problem of Navajos against the Hopi, but it’s not; it’s Navajos against Navajos.”

Present at the Navajo AA Permittees on HPL meeting, Councilman Kuwaninvaya said he had the opportunity to speak and asked if there were any delegates from the Navajo Nation [government] at the meeting and the answer was none. “Only one representative from the Navajo grazing committee from the area was present and no one representing the Navajo Nation Council. I would have liked to have seen one of their representatives, as we have issues on both the HPL and NPL sides that we need to address as tribal governments.”

Though Navajo permittees have signed an AA, some may still require assistance from their own Navajo Nation government.

“The safety of anyone on Hopi land, not just Navajo and Hopi people, is of utmost importance to us,” said Clayton Honyumptewa, Director of Hopi Department of Natural Resources. “The capping of water wells on the HPL was due to the fact that they were contaminated with uranium and arsenic, an obvious threat to anyone who was to drink it.”

“Our Windmill Crew will actively work to repair broken or malfunctioning windmills on the HPL,” he said. “We continue to work in keeping the lands, water wells and windmills as originally intended and urge those whose lands are being infringed upon to notify us of any wrongdoings and repairs needed.”

The meeting was sponsored by the Hopi Tribe’s Office of Range Management and was attended by the Hopi windmill repair crews, Office of Hopi Lands, Hopi Resource Enforcement Services and the Bureau of Indian Affairs, in addition to the Navajo-Hopi Relocation Commission, Councilman Kuwaninvaya and a staff member from the Hopi Chairman’s office.

About Hopi Partitioned Lands:

The U.S. Congress partitioned the disputed 1882 Executive Order Hopi Reservation in a 1974 Congressional Act with parcels given to Navajo and Hopi Tribes resulting in the forced relocation of both Hopi and Navajo families. Forty-nine Navajo families signed a 75-year Accommodation Agreement to reside on HPL and all Hopi families voluntarily relocated from said disputed lands. Meanwhile several Navajo families continue resisting relocation from HPL to this day. The Hopi Tribe is working to restore the HPL with guidance from Hopi stewardship values and practices.

10/5/2011 Gallup Independent: Hopi, Navajo discuss water contamination

10/5/2011 Hopi, Navajo discuss water contamination By Kathy Helms, Dine Bureau, Gallup Independent: KYKOTSMOVI – Navajos living on Hopi Partitioned Land who signed the 75-year Accommodation Agreement met recently with Hopi tribal officials, members of the Navajo-Hopi Land Commission and the Bureau of Indian Affairs to discuss contaminated water issues and the need for windmill repairs on HPL. In response to water contamination, the Hopi Tribe’s Office of Range Management capped several water wells and fenced off windmills as a public safety measure, including some used by trespassing Navajos who have not signed the agreements to reside on HPL, Louella Nahsonhoya, public information officer for the Hopi Tribe, said.

“The safety of anyone on Hopi land, not just Navajo and Hopi people, is of utmost importance to us,” Clayton Honyumptewa, director of Hopi Department of Natural Resources, said. “The capping of water wells on the HPL was due to the fact that they were contaminated with uranium and arsenic, an obvious threat to anyone who was to drink it.”

Honyumptewa said Hopi’s windmill crew will actively work to repair broken or malfunctioning windmills on HPL. “We continue to work in keeping the lands, water wells and windmills as originally intended and urge those whose lands are being infringed upon to notify us of any wrongdoings and repairs needed.”

Navajo families who signed the Accommodation Agreement legally reside on HPL with grazing permits recognized by the Hopi Tribe.

“Many of the issues they’re having on not only HPL, but the Navajo Partitioned Lands, are because Navajos who have not signed the Accommodation Agreement are illegally trespassing, cutting fences and bringing in their own livestock in the middle of the night,” Hopi Tribal Councilman Cedric Kuwaninvaya said.

“One would expect this to be a problem of Navajos against the Hopi, but it’s not; it’s Navajos against Navajos,” he said.

Kuwaninvaya of Sipaulovi, chairman of the Hopi Land Team, attended the HPL meeting and asked whether there were any delegates from the Navajo Nation present. There were none.

“Only one representative from the Navajo grazing committee from the area was present and no one representing the Navajo Nation Council. I would have liked to have seen one of their representatives, as we have issues on both the HPL and NPL sides that we need to address as tribal governments,” he said.

Raymond Maxx, executive director of the Navajo-Hopi Land Commission, was a participant in the HPL meeting.

“A lot of these issues have been ongoing for decades. It’s probably going to take some federal action to resolve them. It’s just a matter of getting the two tribes to find a solution and then getting that addressed at the national level,” he said.

Navajos who did not sign the Accommodation Agreement are regarded as resisters and are not recognized by Hopi as officials residents, Maxx said.

“Even if the resisters wanted to come back now and sign an Accommodation Agreement, “according to the law and the cutoff date, it’s too late for them,” he said. “That’s one example of going back to Congress to get language amended to where they are allowed to get those signed. But some people, just out of principal, they don’t want to sign the document.”

The U.S. Congress partitioned the disputed 1882 Executive Order Hopi Reservation in a 1974 Congressional Act and gave parcels to both tribes, which resulting in the forced relocation of both Hopi and Navajo families.

According to Hopi, initially there were 128 Navajo families who signed the Accommodation Agreement leases in March 1997. Since then, a majority have voluntarily relocated. Upon final approval by the federal government, 80 leases officially were approved.

The Accommodation Agreement gave the families three years after March 31, 1997, to decide whether to take their relocation benefits and move off HPL. At the end of March 31, 2000, there were 103 Navajo individuals who had accepted their relocation benefits, relinquished their leases and voluntarily relocated. There are now 49 leases in place and seven resister home sites with 22 Navajo individuals residing at those.

Maxx said the group wants to continue discussion of the issues that were brought up. After holding several work sessions to bring new members of the Navajo-Hopi Land Commission up to date, they would like to sit down with members of the Hopi Tribal Council and representatives from both tribes present, he said.

“We’re starting to have good relationships, and a lot of these hard feelings are starting to taper off. It’s good for the people. They get caught up between political and governmental politics,” he said.

9/15/2011 Navajo Times: Forgotten People seeking DOJ report

9/15/2011 Navajo Times: Forgotten People seeking DOJ report By Noel Lyn Smith: A court hearing has been set for the lawsuit filed by the Forgotten People and 12 other individuals seeking an accounting of the Navajo Rehabilitation Trust Fund. A pretrial conference is scheduled Wednesday, Sept. 21, at 1:30 p.m. before Judge T.J. Holgate in Window Rock District Court. The focus will be on a report the Navajo Nation Department of Justice was supposed to produce on the fund accounting, but has not yet, said a lawyer for the plaintiffs. The trust fund was established by Congress to benefit residents of the former Bennett Freeze and Hopi Partitioned Land. These funds, including accrued interest or investment income, are made available to the tribe “solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, educational and social condition of families and Navajo communities” affected by various events of the Navajo-Hopi Land Dispute.

Money for the trust fund comes from federal appropriations and from money generated by surface and mineral interests in Paragon Ranch, located in northwest New Mexico.

James Zion, attorney for the Forgotten People, said his clients want to know the trust fund’s balance, how much has been spent, and what projects any money was allocated to.

The Forgotten People are residents of the former Bennett Freeze Area and is an association of survivors of the Navajo-Hopi Land Dispute.

Both the account balance and expenditures have never been fully disclosed, Zion said.

The group continues to question the use of $7.4 million from the trust fund to purchase a 405-acre tract of land east of Flagstaff for the Twin Arrows Navajo Resort Casino.

In their civil complaint filed in 2010, plaintiffs asked for an accounting of all income, expenses, profits, losses, assets and other financial matters for which the tribe, the Navajo-Hopi Land Commission and the Navajo-Hopi Land Commission Office have responsibility.

This is the second time a pretrial hearing has been scheduled.

The first pretrial conference was in January, where it was decided that the Navajo Nation’s Department of Justice would produce a report on the accounting actions of the trust fund, but that report was not made, Zion said.

“We’re hoping to move things forward on Wednesday,” he added.

The Forgotten People is inviting all interested parties to attend the conference.

CENSORED NEWS: Navajo government ignores elderly without water

Navajo government ignores elderly without water: Navajo Nation government caters to coal mines and power plants, while Navajo elderly go without water By Brenda Norrell Censored News BIG MOUNTAIN, Ariz. — While Peabody Coal and power plants use the precious aquifer water here, Navajo elderly go without. Forgotten People shares the voices of Navajos resisting relocation, where Navajo elderly are forced to haul their water, elderly who are often ill and without transportation. The wells have been capped off and the springs are drying up. Still, the Navajo Nation leaders only make an occasional, superficial gesture at caring about the suffering of Navajo elderly without water. Instead, the Navajo government continues to focus on polluting and disease producing industries.

By ignoring the suffering of Navajos on Black Mesa, and instead catering to the needs of Peabody Coal, the United States government and other mining and power plant operations, the Navajo Nation government has engaged in a crime against humanity. While providing the Southwest cities with electricity produced with large quantities of pure water, the Navajo government has neglected to provide water for their own people.

The media has been a complicit partner in this crime. While failing to expose the suffering and injustice on Black Mesa, the media has continued to promote the polluting industries on the Navajo Nation, even cheerleading for more coal-fired power plants.

Coal-fired power plants not only use excessive water, but they are the primary cause of global warming and the melting of the Arctic, now causing Native villages to crash into the waters. The pollution from coal-fired power plants has resulted in habitat change in the far north, causing the deaths of polar bears, walruses and other wildlife.

Black Mesa comments from Forgotten People:
Pauline Whitesinger, Big Mountain speaks: We want to participate in a water hauling project. The wells throughout HPL (Hopi Partitioned Lands) have been capped off, fenced off, bulldozed and the natural water source near me is contaminated and unregulated. When I drink the water it hurts my throat and I have a reaction when I swallow it and get sick. I have no vehicle and have no access to safe drinking water. My livestock are thirsty. We are living under a State of Emergency! We are endangered, denied access to water, forced to travel over unpassable dirt roads and endure violations during our ceremonies that the Hopi Tribe says requires a permit to conduct. There are other water sources near me and they are all denied to me for my use. When I was offering a sacrament to the water the Hopi told me to leave the water alone, it does not belong to me. I speak on behalf of my people. We have brought our case and our words (as attached) to the United Nations Office of the High Commissioner (see link for UN OHCHR website), Congressional, federal, and tribal forums advocating for our human right to water and sanitation.

Caroline Tohannie, Black Mesa speaks: Our springs were our wetlands with cat tails and other wetlands growth. But they are no longer here. This is where we make offerings and get our healing medicine like cat tails or wreaths for ceremonial purposes. These are our sacred sites. The BIA made wells that had concrete covers and manual pumps. But BIA Rangers came around and disassembled them, taking the pumps out, unscrewing parts, taking off pipes. All the windmills in our region were capped off by the BIA. At first one windmill was capped off but we could reopen it at first but then found the BIA welded the cover shut with dirt over the well opening. There was no longer any way to get water from the well. At another windmill in the area, the BIA disassembled the windmill pump so it would not work. We have been fenced and capped off from access to water. This has created many problems for living things, even insects that need water, animals, birds and people. These tactics are being done to force us off our land so Peabody Coal Company can expand their mining operations.

Read more statements from Navajos on Black Mesa:

http://www.scribd.com/doc/61460412/8-2-2011-FP-SUBMITTED-Comments-to-President-Shelly-HPL-Right-to-Water

8/2/2011 Forgotten People HPL residents request Safe Drinking Water

Re: Forgotten People and Hopi Partition Land (HPL) residents request for Safe Drinking Water Delivery on top of Black Mesa, in Black Mesa, Cactus Valley, Big Mountain, Star Mountain, Jeddito Island and throughout HPL: From: Caroline Tohannie, Board of Director, Norris Nez, Board of Director, Lucy Knorr, Sec’y/Treasurer, Rena Babbitt Lane, Pauline Whitesinger, Leonard Benally, Carlos Begay, Sr., Hopi Partition Land, Navajo Nation, AZ: Via Email To: Ed Becenti: rezztone@yahoo.com For: President Ben Shelly, The Navajo Nation Venue: Forest Lake Chapter Town Hall Meeting Dated: August 2, 2011: Dear President Shelly: We are blessed that last night as the Board of Directors met to discuss how Hopi Partition Land residents can get access to safe drinking water, Pauline Whitesinger, an elderly matriarch from Big Mountain joined Caroline Tohannie, Rena Babbitt Lane, Carlos W. Begay, Sr. and Leonard Benally to compel the Navajo Nation President Ben Shelly to work with Ed Becenti, Forgotten People’s Window Rock liaison, Forgotten People, the US Environmental Protection Agency, Navajo Department of Water Resources to include safe drinking water delivery on HPL to the US EPA Navajo Nation Pilot Project Feasibility Study and compel the Hopi Tribe to sign off so the Navajo Nation can implement their fiduciary trust responsibility and provide HPL residents with access to safe drinking water and impassable dirt road repair.

Forgotten People is a nonprofit grassroots organization active within the former Bennett Freeze and Hopi Partition Land. We represent communities that span over 2 million acres of remote desert terrain in the northeastern part of Arizona including Hopi Partition Land communities impacted by forced relocation by the US government and Peabody Coal Company’s mining operations. Most of the members practice a subsistence lifestyle of herding sheep. Many elderly community members speak only Dine’.

Pauline Whitesinger, Big Mountain speaks: We want to participate in a water hauling project. The wells throughout HPL have been capped off, fenced off, bulldozed and the natural water source near me is contaminated and unregulated. When I drink the water it hurts my throat and I have a reaction when I swallow it and get sick. I have no vehicle and have no access to safe drinking water. My livestock are thirsty. We are living under a State of Emergency! We are endangered, denied access to water, forced to travel over unpassable dirt roads and endure violations during our ceremonies that the Hopi Tribe says requires a permit to conduct. There are other water sources near me and they are all denied to me for my use. When I was offering a sacrament to the water the Hopi told me to leave the water alone, it does not belong to me. I speak on behalf of my people. We have brought our case and our words (as attached) to the United Nations Office of the High Commissioner (see link for UN OHCHR website), Congressional, federal, and tribal forums advocating for our human right to water and sanitation.

Caroline Tohannie, Black Mesa speaks: Our springs were our wetlands with cat tails and other wetlands growth. But they are no longer here. This is where we make offerings and get our healing medicine like cat tails or wreaths for ceremonial purposes. These are our sacred sites. The BIA made wells that had concrete covers and manual pumps. But BIA Rangers came around and disassembled them, taking the pumps out, unscrewing parts, taking off pipes. All the windmills in our region were capped off by the BIA. At first one windmill was capped off but we could reopen it at first but then found the BIA welded the cover shut with dirt over the well opening. There was no longer any way to get water from the well. At another windmill in the area, the BIA disassembled the windmill pump so it would not work. We have been fenced and capped off from access to water. This has created many problems for living things, even insects that need water, animals, birds and people. These tactics are being done to force us off our land so Peabody Coal Company can expand their mining operations.

Caroline and Bert Tohannie and Rena Babbitt Lane live on top of Black Mesa along the route of Peabody Coal Company’s coal slurry pipeline. Billions of gallons of pristine Navajo Aquifer water flowed under their homes but they have no access to water, no emergency access and their vehicles break down traveling long distances over un-passable dirt roads.

Hosteen Nez Begay in Cactus Valley lives 1/8 mile from a water well that has been dismantled for since the 1980’s when the US Bureau of Indian Affiars started dismantling, bulldozing, fencing off water wells. Hosteen has to travel 30 miles each way over rough dirt roads from Cactus Valley to Peabody’s public drinking water stand observing chunks of coal in their drinking water.

Carlos W. Begay in Black Mesa says: In the summer of 1998, on Glenna Begay’s land, Peabody Coal Company installed a sediment pond for contaminated runoff a few yards away from sacred Sagebrush spring planted there by Medicine people. This spring contains a year-round drinking water resource. Bitter Spring in the area, containing a source of water for our animals was bulldozed and Peabody installed a water pump there for the slurry line and a dam to flush the water pipeline. The people and the livestock are thirsty.

These Forgotten People are suffering great hardship and request replication of the Black Falls/Box Springs project to prioritize HPL safe drinking water delivery points and grading of dirt roads and investigate capped off, bulldozed and fenced off water wells throughout HPL.

Forgotten People prays the Navajo Nation President and central government will receive guidance from James W. Zion, Esq.’s application of Fundamental Laws upheld by the Navajo Nation Supreme Court that the land, property, resources and income generated from them are the property of the Navajo People.

Forgotten People compels the Navajo Nation President to work with the Hopi Tribe so they will allow the Navajo Nation to provide HPL residents safe drinking water, livestock water sources and road repair.

On May 6, 2009, President Obama signed legislation HR 956 and S531 to repeal the portion of Public Law 93-531 (The Relocation Act) to lift the Freeze on all Navajo and Hopi lands (including HPL). Unfortunately, this did not address the extensive impact this law had on our people. While the Freeze has halted essential construction, including power line extensions, waterline extensions, and improvements to roads and community facilities, no rehabilitation program was developed to address the effects of the Freeze including access to water and sanitation for water haulers.

The US Environmental Protection Agency (US EPA) is involved in a major effort to improve access to safe water on the Navajo Nation and redress problems resulting from the legacy of uranium mining in the 1950s and 60’s as a result of two pressures. The EPA made a commitment at the 2002 United Nations World Summit on Sustainable Development held in Johannesburg, South Africa, pledging to reduce the number of its citizens lacking access to safe drinking water and sanitation by 50% by 2015. The largest concentration of people without piped water and sanitation is on the Navajo Nation, especially in the HPL communities.

Forgotten People believes reaching our goals will require collaboration with the Navajo Nation President and the central government using a human rights centered approach to development. Forgotten People believes this collaboration will provide tangible improvements for our communities.

Wars of the future will be fought over water, as they are over oil today, as our ‘Blue Gold’, the source of human survival, enters the global marketplace. We pray, you will understand that here, water is the most precious of all resources and our water rights must not be waived and minimized in a Water Rights Settlement when our local water sources have been capped off, fenced off, bulldozed by the US government’s Bureau of Indian Affairs. Without water we cannot survive and our livestock cannot survive and we must for our future generations and our continued way of life.

We need immediate action to stop corporate favoritism. While the Navajo Nation allows corporations to export energy, HPL residents are hauling water by small barrels, drinking contaminated water and have not a drop of water to drink.

The Dinè people do not get power from the NGS. It goes to Phoenix and Tucson and other cities. There is a fundamental unfairness and lack of information on the Navajo Nation. The issues addressed by Forgotten People’s highlight the need for strengthening and implementing cross-cutting principles in international human rights law. This is needed by the Navajo Nation in considering a draft Energy policy.

As members of civil society, Forgotten People affirms the right to development and transparency and enforcement of the Navajo Nation’s fiduciary trust responsibility to provide goods and services to HPL residents. Public health is threatened. To implement ‘Water Without Boarders” for endangered water haulers, we pray you will work with Ed Becenti and Forgotten People so we can sustain our lives.

Respectfully submitted,

Norris Nez, Hathalie, Board of Director, Coal Mine
Caroline Tohannie, Board of Director, Black Mesa
Pauline Whitesinger, Big Mountain
Rena Babbitt Lane, Black Mesa
Carlos W. Begay, Sr., Black Mesa
Leonard Benally, Big Mountain
Lucy Knorr, Sec’y/Treasurer
Marsha Monesterky, Program Director
On behalf of Forgotten People with the Support of Black Falls/Box Springs/Grand Falls residents

Copy: Clancy Tenley, Assistant Director, US EPA Superfund: tenley.clancy@epamail.epa.gov
Najam Tariq, Navajo Department of Water Resources: najamhtariq1@hotmail.com
James W. Zion, Esq., Attorney for Forgotten People JZion@aol.com