Hopis join coal suit
Nancy Watson
Staff Writer
GALLUP — The Hopi Tribe has joined the Navajo Nation in a lawsuit
against Peabody Coal Co., Southern California Edison Co. and the Salt
River Project.
The two tribes have been at odds for more than a century in a land
dispute but joining forces in the lawsuit could bring them more money
from their coal leases on the former Joint-Use Area.
According to the papers filed in U.S. District Court in Washington,
D.C., the Hopi Tribe is seeking "to vindicate its right to control
and receive full and fair compensation for its coal resources."
The Hopis allege that Peabody, SCE and SRP engaged "in a scheme
to defraud and convert the money and property of the tribe through
interference with the relationship between the tribe and the United
States Government."
The lawsuit claims Peabody, SCE and the SRP "acted in concert
to deliberately lure the Hopi Tribe and the Navajo Nation into re-negotiating
the terms of various coal mining leases, and then failed to negotiate
in good faith."
The Hopi Tribe said it was not aware of this scheme until the Navajos
filed their lawsuit against Peabody and other defendants in 1999.
"The Hopi Tribe's interests are implicated in the Hopi and Navajo
South leases (Navajo-Hopi Joint Use Land). Without intervention, the
Hopi would be unable to fully protect their rights in the jointly
owned coal land," Hopi Chairman Wayne Taylor Jr. said.
Navajo Nation President Kelsey A. Begaye said he welcomed the participation
of the Hopi Tribe.
"Both the Hopi Tribe and Navajo Nation suffered damages because
of the unscrupulous secret outside influence that corrupted our trustee's
judgment," he said. "The Navajo Nation looks forward to
standing together with the Hopi Tribe to obtain compensation for those
damages to both our peoples."
The Navajo Nation's lawsuit began with a 1964 coal lease with Peabody's
predecessor that came before the U.S. Department of Interior in 1984
for royalty readjustment.
The U.S. Bureau of Indian Affairs adjusted the royalty rate from 2
percent to 20 percent, but Peabody hired Stan Hulett, a Peabody lobbyist
and close friend of then-Secretary of the Interior Donald Hodel to
meet with Hodel and derail the department's decision.
Earlier this month, the U.S. Court of Federal Claims found, in a related
case brought by the Navajo Nation against the United States, that
Hodel, after the secret meeting with Hulett, "signed a memorandum
prepared by Peabody" that undermined BIA's rate adjustment.
This constituted a breach of fiduciary duty to the Navajo Nation,
the court said. On a technical jurisdictional point, however, the
court said it did not have authority to award damages to the Navajo
Nation because of the government's decision and dropped Hodel from
the suit. The case against Peabody and the others continues, however.
Peabody Coal Co. also leases coal from the Hopi Tribe. According to
the Hopi Tribe's complaint, these interests "are intertwined
with the terms of the Navajo Nation's lease."
Hopi interest in the lawsuit stems from the fact that Peabody began
negotiations on the south leases (Navajo-Hopi Joint Use Area) at the
same time it was negotiating the Navajo's north lease.
As a result of those negotiations, the royalty rate on the south leases
increased to 12.5 percent, the federal minimum.
The Navajo Nation lawsuit against Peabody shows that by avoiding BIA's
recommended higher royalty rate under the north lease, the corporate
defendants avoided the higher rate for the south leases as well, Taylor
said.
"As a result, both tribes were disadvantaged in negotiating the
1987 amendments to the south leases," Taylor said.
"The Hopi intervention fully supports what we have
alleged in our lawsuit regarding the defendants' unlawful scheme and
conspiracy to defraud the Navajo Nation and Hopi Tribe," said
Levon B. Henry, attorney general for the Navajo Nation.
"We have often been on opposite sides of the courtroom from our
Hopi neighbors; now we stand together against an injustice perpetrated
against both of us."
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UNM center provides 'real life' learning
Zarana Sanghani
Staff Writer
GALLUP — Lindy Hirst's ceramics class usually works over large,
crude tables in an art room filled with brown and gray dust at the
University of New Mexico-Gallup campus.
For the last two Wednesdays, though, some students have been putting
in extra hours at a different kind of studio the Zuni Senior Center.
About five ceramics students are sitting between groups of senior
citizens around smooth, white tables under bright fluorescent lights
that mix with the sunlight coming through the large windows. And the
students are listening to the seniors' stories as the students help
them with clay animal sculptures and pots.
The students will make a mural for the Zuni seniors in their ceramics
class with Hirst. The students will determine what kinds of images
to put in the mural as they talk to the elders.
This project is done through the college's Service Learning Center.
The center provides stipends for travel and materials for local school
classes that want to help the community.
"It's a program where teachers place students in the community
where they can have a hands-on experience," said Maggie Robinson,
service learning coordinator. "It's where teachers can (show)
how you use math in real life, how you use biology in real life and
how to (apply) that in the community."
Using their ceramics skills to interact with the Zuni seniors helped
the students as well.
Gayla Eriacho, a freshman art studio student, is Zuni. She said she
learned more about her culture doing this project.
"At first, it was awkward," said Eriacho, "but once
we got to know each other, we got comfortable."
One woman told her a Zuni story about a flood that happened many generations
ago. The Zuni were told to sacrifice a virgin male and a virgin female.
After they did so, the water receded, and two hills rose where the
sacrifice was made. Those hills are now sacred to the Zuni people.
The seniors appreciate the chance to learn a new craft.
"I had a stroke in '86," said Delores Walker, 86, as her
hands slowly smoothed her clay owl. "(This) helps me work with
my hands."
Seniors like Marie Qualo, 75, taught the students about the Zuni clay
she once dug from the ground, cleaned and molded into pots and dishes.
The Service Learning Center began two years ago with three projects
and now has about a dozen.
"We envision this becoming a clearing house for volunteers throughout
the county and community," said John Guffey, a UNM-G professor
who wrote the grants for the center. "We want more teachers who
are comfortable with service learning to integrate that into their
teaching to get students out of the classroom."
The Service Learning Center invites teachers from UNM-G and local
grade schools to involve t center median and slammed almost head-on
into a semitrailer headed east.
Court documents say Archuleta got out of the transport unit and car-jacked
a Grants minister on his way to Albuquerque.
The district attorney is seeking the death sentence for Archuleta.
One of New Mexico's leading death sentence prosecutors, Bob Swartz,
has been assigned to the case. He will be assisted by Anthony Rivera.
Both work out of the Valencia County District Attorney's Office in
Los Lunas. Cibola and Valenc The class spends a full day each week
learning to collect data as well as collecting it from natural environments.
The work for the community "really gives an opportunity for discussion
of the environmental processes," Brown said. "The classroom
situation caters to people who are used to reading and sitting still.
A lot of the kids are really astute observing things with their bodies."
Without the Service Learning Center's support, Brown said, it would
be difficult to do these projects. The center gives money for student
travel.
Brown said service learning encourages teachers to teach students
how to use their academic knowledge in the community. This helps the
community and the students, she added.
When Brown gives lectures and class presentations, the students sometimes
do not grasp the concepts, but when they work with environmentalists,
"it all starts to click," Brown said.
Meeting and working with wildlife biologists and technicians also
gives young people a chance to understand more about careers involving
field sciences.
"I find the kids are really interested in hearing
the (scientist) talk about the training they had to have ... as compared
to the career fairs or having a person come in and talking,"
Brown said. "It's just not as alive compared to being in the
field with that person."
Individual UNM-G students can also do projects with the Service Learning
Center through their classes.
For his reading and literature class, UNM-G freshman Josh Hoskie mentored
and tutored a 9-year-old in reading. He got ideas on how to prepare
and structure his work from service learning.
He read about a child's self-esteem, interviewed the child and his
parents and created a list of books appropriate for his student.
Hoskie said he learned quickly that "your objectives may change
according to the child.
"Our first meeting was boring," he said, "and the child
became disinterested. I made it more interesting by taking him to
the mall and giving him rewards for his accomplishments."
Before doing this work, Hoskie was a human services
major. He said he realized through his tutoring project that he had
skills in teaching reading and decided to become an English and literature
major so he could teach English in college.
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Apache Co. staff claims power abuse
White being investigated by state attorney
Jim Maniaci
Diné Bureau
WINDOW ROCK — Apache County Supervisor Tom White, accused by
county staff of mismanagement and abuse of authority, said Thursday
he "welcomes" an investigation now under way by the state
Attorney's General's office.
"I feel the charges are politically motivated and a personal
attack on my integrity," said White, who is in Washington, D.C.,
attending the annual convention of the National Association of Counties.
He added he would also like to see the investigation expanded beyond
his alleged misdeeds. "The entire county should be investigated
as well," he said, "because there are possible wrongdoings
countywide."
The state is already investigating charges of mismanagement, illegal
spending and abuse of authority because of accusations signed on Feb.
21 by six of his staff members district manager Roger Shirley, road
foreman Henry Albert Yazzie, road inspector Steve Delgai, administrative
coordinator Margie Begay, and Harry Nez and Arlene Lee.
Among the claims of his staff were that he:
Forced them to participate in his Native American Church services
even when they had made other plans.
Treated them in a hostile and offensive verbal manner at his staff
meetings and called former female staff members "mamas."
Had gravel hauled to his home on a Saturday, using a county employee
driving a county truck.
Had county staff on county time hang Christmas decorations at his
home in Ganado.
Lost $30,000 in Navajo Nation checks that the tribe had to replace.
Used a county vehicle and staff to transport his daughter from Phoenix
to Window Rock.
Forced employees to donate $100 a year to his re-election campaign
or lose their jobs.
Forced staff members to circulate his nominating petitions
on county time.
Forced employees to help him get an August 1998 Navajo Nation driving-while-under-the-influence
ticket squelched.
At a special meeting Monday, county supervisors White, Joe Shirley
of Chinle and David Brown of St. Johns took no action on White's attempt
to place the six complainants on leave with pay while the investigation
is conducted.
Because of Arizona's "whistle blower" law, no action occurred.
County attorney Stephen Udall relayed a letter from state Attorney
General Janet Napolitano in which she pointed to "the possibility
that jurisdiction may rest with the federal government, and if that
is so, we will make appropriate referral."
Udall said state law "prohibits any reprisal from
being taken against an employee who discloses information that the
employee reasonably believes" violates laws about "mismanagement,
a gross waste of moneys or an abuse of authority."
Anyone who does retaliate can be fined up to $5,000 for each act of
reprisal, Udall said. He said reprisal means "any adverse personnel
action including change of detail, transfer, reassignment, suspension,
demotion, dismissal, corrective action, performance evaluation, decision
concerning paid benefits or awards (and) elimination of employee's
position."
White began his four-year term in January 1997. He represents the
middle section of the county, which includes Ganado and Window Rock.
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Accused cop killer's trial to be April
3
Tom Purdom
Staff Writer
GRANTS — Exactly one year ago Saturday, Sierra County Deputy
Kelly Clark was shot to death. And a month from today, April 3, her
accused killer is scheduled to begin standing trial.
Clark, 38 when she died of a single .40-caliber slug to her brain,
was transporting Michael Archuleta, 21, to Western New Mexico Correctional
Facility in Grants from the county jail in Truth or Consequences.
She was murdered about 10 miles east of Grants on Interstate 40.
A convicted felon, Archuleta was being taken to the state-run men's
prison in Grants to serve a short term when he reportedly wrested
Clark's service pistol from the holster on her right hip, shot her
once in the leg during the process, put the pistol's muzzle to the
back of her right ear and pulled the trigger...
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Women's program provides 'information
on life'
Elizabeth Hardin-Burrola
Special to the Independent
GALLUP — Many local residents believe one of this community's
strengths is its unique mix of people. And three local women, working
to provide programs to educate, inform and interest women of Gallup,
McKinley County and surrounding reservation communities, are an example
of this strength in diversity.
Ella D. Yazzie, originally from Crownpoint, jokes about her sheep
herding experience as a child on the Navajo Reservation. Lynn Anner-Bolieu
is a university-educated home economist from Vermont. And Cecelia
Gonzales, a Gallup native,
graduated from life's school of hard knocks.
These three women are bringing two organizations together to collaboratively
serve the needs of women in the area. The program they offer just
might be one of the best kept secrets around...
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'Stars in the Desert' features Indian
motorcycles
Stan Bindell
Special to the Independent
TUBA CITY, Ariz. — Two officials with Indian Motorcycle will
attend Stars in the Desert from April 14-16 to interact with kids
and display their motorcycle.
Flint Carney and Deanne Giago are national board members with Indian
Motorcycle's Office of Indian Affairs.
The nine-member Office of Indian Affairs is the arm of Indian Motorcycle
that contributes to non-profit causes. The office has already made
a sizable donation to the proposed Tuba City youth complex, which
Stars in the Desert raises money for...
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Ariz. state tourney was simply awesome
Sports commentary
Santiago Ramos
Staff Sports Writer
The recent Arizona Class 3A state basketball tournament was a roaring
success with the record crowds along with a pair of state titles.
Record-setting near-capacity crowds of nearly 20,000 filled the America
West Arena last weekend, taking in the Class 3A boys and girls state
semifinals which were dominated by the 3A Enchantment (North) Region
with six of the eight teams. Judging from the cheering the majority
of the fans came from Tuba City as the Tuba City boys and girls teams
vied for state titles. Winslow, which also ended playing in the boys
and girls state championship games against Tuba City, had a solid
following as did Monument Valley, Ganado, along with Whiteriver Alchesay
and Fountain Hills...
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Begaye aide involved in family conflict
Jim Maniaci
Diné Bureau
WINDOW ROCK — Navajo Nation President Kelsey Begaye said Thursday
he will decide the fate of one of his top aides who was involved in
a domestic dispute when he returns to work.
Tom Ranger, Begaye's chief of staff, went on leave Feb. 24, shortly
after tribal police responded to a domestic dispute involving Ranger
and his wife, Bunn, who have been married for some 20 years.
The tribal police report said Ranger used his tribal vehicle to chase
his wife down after she left home in a family car in the middle of
a snowstorm. Police said no arrests were made since neither party
wanted to press charges...
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Tohatchi survives Rams' challenge
Cougars hold off feisty Cuba for win in double OT
District 6AAA Quarter finals
Alan Arthur
Sports Editor
TOHATCHI — The Tohatchi Cougars came within a referee's decision
of losing to the lowest seeded team in the district Thursday night.
Instead, the No. 3 seeded Cougars survived to see another day, pulling
out a 69-64 victory over the No. 5 seeded Cuba Rams in the District
6AAA quarterfinal game held at the Al Grinslade Memorial Gymnasium
in Tohatchi.
"It's bittersweet in the sense that we didn't play our best game
but nonetheless, with all the struggles, we're very pleased with the
win," Tohatchi head coach Albert Jim said, whose team improves
to 10-11. "We'll take it any way it comes..."
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Judge upholds school-money deadline
Zarana Sanghani
Staff Writer
GALLUP — A Gallup judge on Thursday reiterated his warning that
the state must revamp its method of financing public school construction
by July 28.
State District Judge Joseph Rich said if nothing is done by then,
he will take action immediately. Rich made the comments during a hearing
at which he was given an update on the Legislature's efforts to deal
with the school construction problem.
The meeting among Rich, state attorneys and representatives of the
affected Grants/Cibola, Zuni and Gallup-McKinley school districts
was held to find out what has been done or not done to bring more
capital outlay funds to the schools...
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Deaths
Karen A. Willie
POLACCA, Ariz. — Services for Karen A. Willie, 50, were held
Wednesday, Feb. 16, at the family home. Burial followed at the Polacca
Cemetery.
Willie died Feb. 14 in Keams Canyon, Ariz. She was born Oct. 1, 1949,
to Jeanette Sahu and George Willie in Keams Canyon.
Willie attended grade school in Polacca. She was a 1967 graduate of
Phoenix Indian High School. She then went on to graduate from Lamson
Business College.
She was employed by the Hopi Tribe in the earlier part of her life,
then moved to Window Rock, where she worked for the Navajo Area Indian
Health Service for several years.
Survivors include her husband, Melvin Smitley of Window Rock; mother,
Jeannette Sahu of Polacca; sisters, Charlene Kooyaquaptewa of Polacca
and Marilyn Calnimptewa of Phoenix.
Nora C. Tso
MANY FARMS, Ariz. — Services for Nora C. Tso, 77, will be held
at 1 p.m. Saturday, March 4, at Rollie Mortuary Chapel. Father Ulric
Pax, O.F.M., will officiate. Burial will follow at the Sunset Memorial
Park in Gallup.
Tso died Feb. 29 in Chinle, Ariz. She was born Nov. 13, 1922, in Steamboat,
Ariz., into the Bitter Water People Clan for the Towering House People
Clan.
Survivors include her sisters, Marie C. Begay of Chinle, Eleanor Catherman
of Albuquerque, Sarah Cleveland and Virgina Morgan, both of Steamboat,
and Sista C. Romo of Colorado Springs, Colo.; and six grandchildren.
Tso was preceded in death by her husband, Harry Tso Sr.; son, Richard
Nelson Kee; parents, Jimmy Juan Cleveland and Asdza Yazhe; brother,
Jimmy Cleveland; and sister, Daisy Cleveland.
Pallbearers will be Andy Begay, Erik Joe, Erik Murr, Terin Tsosie,
Redfeather Williams and Toby Williams.
Rollie Mortuary is in charge of arrangements.
Paul Leo Sandoval
GALLUP — Graveside services for Paul Leo Sandoval, 58, will be
held at 2 p.m. today, March 3, at the Gallup City Cemetery.
Sandoval died March 1 in Gallup. He was born July 29, 1941, in Gallup.
Survivors include his brother, Leo Sandoval of Zuni and sisters, Ramona
Casillas, Nancy Valdez and Eileen Lucero, all of Gallup, Rollie Griego
of Grants and Stella Perez of Albuquerque.
Sandoval was preceded in death by his parents, Jose C. Sandoval and
Dolorita Sandoval; and brothers, Art Sandoval and Joe Sandoval.
Rollie Mortuary is in charge of arrangements.
Lucy S. DeGroat
PINEDALE — Services for Lucy S. DeGroat, 81, will be held at
10 a.m. Saturday, March 4, at the Rollie Mortuary Palm Chapel in Gallup.
Father Nelson Zuni will officiate. Burial will follow at the Rehoboth
Mission Cemetery.
DeGroat died Feb. 28 in Gallup. She was born Feb. 1, 1919, in Pinedale
into the Two Who Come to the Water People Clan for the Black Streak
Wood People Clan.
Survivors include her husband, Emerson DeGroat of Church Rock; son,
Vernon Harry of Pinedale; daughters, Marlene Chee of Lukachukai, Ariz.
and Susie Manuelito of Gallup; brother, Walter Peshlakai of Dalton
Pass; sister, Helen Johnson of Pinedale; 14 grandchildren; and 21
great-grandchildren.
DeGroat was preceded in death by her parents, Sam and Ason Silversmith;
brothers, Sam Peshlakai, Ted Peshlakai and Tom Silversmith; and sister,
Annie Morgan.
Pallbearers will be Nathaniel Harry, Jonas High, Gerrett Manuelito,
Elroy Morgan Jr., Clifford Nez and Walter Peshlakai Jr.
Rollie Mortuary is in charge of arrangements.
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