by Carol Berry, Today correspondent
Indian Country Today
17 August 2009
FIRST MESA, Ariz. – Four traditional leaders
from the Walpi area have entered the running battle over who
represents the Hopi Tribe in a conflict over coal mining at the
Black Mesa Mine Complex in northern Arizona.
“The Hopi Tribe’s coal lease and permit
revision do not adequately address Peabody’s use of the Hopi
Tribe’s water,” states a letter to other Hopi traditional leaders
(Sinom) and a tribal attorney.
“The long-term pumping and use of the Navajo
aquifer by Peabody Western Coal Company is a primary concern of
the Hopi Sinom,” it states.
The letter is the latest chapter in a conflict
over the adequacy of Hopi representation in th e Office of Surface
Mining planning process, control of the Hopi coal resource, the
potential impact of expanded mining operations, and the legal
status of the tribal council.
“It is important to emphasize that the Hopi
Sinom uphold a spiritual covenant that governs their relations
with the natural world,” the letter states. “According to our Hopi
customs and natural laws, irresponsible decisions to desecrate our
sacred lands will have dire consequences for future generations.”
The traditional leaders’ letter asks Scott
Canty, a Hopi tribal attorney, to hear their concerns directly by
coming to First Mesa. He should “bring a legally executed contract
or other documentation of his current appointment to the Office of
General Counsel for the Hopi Tribe.”
The attorney “has not received the informed
consent of the Hopi Sinom throughout all 12 villages to intervene
in the matter of the Black Mesa Complex permit revision on behalf
of the Hopi Tribe,” it states.
His standing to act for the tribe has been
called into question by those who contend the tribe is operating
without a legally constituted council under rules established by
the elected chairman, who resigned Jan. 1.
Canty sent a letter to the Department of the
Interior Office of Hearings and Appeals in May seeking to
intervene in an appeal by environmental groups, Hopi tribal
members and others seeking a hearing on OSM’s granting of the
permit.
Canty said the current tribal council supports
OSM’s action and is concerned about a loss of tribal income if the
permit is not granted for potential mining expansion on 100 square
miles of Hopi and Navajo lands.
The permit would allow Kayenta Mine’s supply of
coal to the Navajo Generating Station in Arizona to continue, and
the station could potentially use coal from additional resources
in the Black Mesa Complex, including areas within the Hopi Lease
portion.
If Canty agrees to come to First Mesa, he
should be prepared to discuss his contention that the “Hopi Tribe
participated fully in the administrative and environmental review
process” conducted by OSM and that the agency “consulted
extensively with the Hopi Tribe.”
The discussion should also identify each
instance of the Hopi Tribe’s “active involvement throughout the
National Environmental Policy Act process that produced the Draft
and Final EIS documents upon which the (OSM’s) Record of Decision
on the Permit was based,” the letter states.
Some permit opponents have questioned whether
government-to-government consultation could be conducted with the
tribal council in turmoil and whether those negotiating for the
tribe with OSM were authorized to do so.
The two-year conflict among tribal leaders has
led to the alleged formation of an ad hoc militia and has involved
suspension of three judges of the Hopi Appeals Court.
The 1 2 Hopi villages combine Western and
traditional governance and about one-third do not have
representatives on the Western-modeled tribal council. Up to half
the villages may at some point contest the current representation
of tribal interests, sources said.
Copies of the undated letter were sent to
Interior Secretary Ken Salazar and the U.S. Office of Management
and Budget. An e-mailed version of the letter included signatures
of James Tawayesva Sr., Harlan P. Nakala, Bill Mahle and Bill
Preston.