Navajos and Hopis protest Peabody Coal's genocide

(December 10, Denver, Colo, Sri Lanka Guardian) Hopis and Navajos spoke out in solidarity to oppose a new life-of-mine permit on Black Mesa in northern Arizona for the longstanding genocidal corporation Peabody Coal. Speaking out during a panel on Dec. 7 and then protesting outside the Office of Surface Mining in downtown Denver on Dec. 8, Hopi and Navajo said their water is too precious to be used again for water slurry.

Navajo and Hopi are opposing the permit for Peabody Coal, which would extract enormous amounts of aquifer water and could mean more forced relocation of Navajos.

A delegation of 35 Navajo and Hopi tribal members, including Hopi Tribal Chairman Ben Nuvamsa, met with the U.S. Office of Surface Mining at their Denver headquarters in hopes of delaying OSM's Record of Decision until the next Presidential Administration takes office.

The Record of Decision is the final stage of the permitting process for the proposed "Black Mesa Project," which would grant Peabody Coal Company a life-of-mine" permit-- expanded mining operations and rights to tap the fresh water of the Navajo aquifer.

For three hours the Navajo and Hopi representatives met with OSM officials and presented documents and petitions ratified by their communities that urge OSM to suspend their decision. Their unified statement read, "Although we represent two different tribes, we come today united to protect our shared land and water. Water is the life source to both our peoples, and Peabody has failed to understand this connection. If the Office of Surface Mining grants a permit to Peabody, our way of life and spiritual balance will be severely disrupted and altered. Currently, we are already suffering the damage this industry has caused over the past 30 years. We believe OSM has been negligent in fulfilling the NEPA process, and if OSM issues a Record of Decision, that would be a breach of the Federal Trust Responsibility. United we ask the Office of Surface Mining to stop the Record of Decision process."

OSM Western Regional Director Al Klein stated, "The Environmental Impact Statement process is finalized, the decision before us is very minor, and we are on track to release it on Dec. 15." The tribal representatives expressed the weight of this decision and that it is
not a "minor" decision. They also gave testimony to the many aspects of their life, culture, and spirituality that would be severely impacted if the project was approved. Gordon Isaac, a Navajo tribal member and veteran of the Gulf War told the officials, "Peabody is not just digging into topsoil. They are tearing into people's lifeways."

While most of the delegation was inside meeting with OSM officials, 60 local supporters accompanied the rest of the Navajo and Hopi delegation outside to rally, protest, and show support, including dropping a 10ft by 16ft banner from a nearby parking garage that read, "Navajo & Hopi Say NO COAL MINING!" Support was not only outside of the building. OSM's telephone and fax lines were bombarded with calls of support and written requests to postpone the ROD from across the country.

After listening to three hours of emotional testimony, OSM was asked if they would simply consider suspending the record of decision. Director Klein replied, "We have a set of regulations, and when a company puts on paper in their application how they will fulfill the requirements, we do not have discretion. We have to grant them a permit ... At this point we will not be changing the calender of events on this decision."

This decision comes in the midst of Hopi political turmoil. Chairman Nuvamsa came to represent the Hopi and Tewa people in the battle to protect the water and lands from further coal mining in Black Mesa, AZ. "Due to lack of representation on the Hopi Tribal Council, the Village of Tewa was never afforded the opportunity to participate in
any discussion of the Draft EIS as it applies to Hopi people and land," stated Chairman Nuvamsa.

"Hopis believe that this time of year is a very sacred and sensitive time that prevents us from stepping outside our home area, because it's the time of renewal for all life. We are taught not to be disruptive and confrontational during this time. It is such a big sacrifice for us to be here in Denver, but OSM continues to release critical decisions during this time; so many of our people have not been able to to voice their grave concerns about this Black Mesa Project. We feel an obligation to our families, clans, and future, so we have come here despite our cultural restrictions." says Racheal Povatah, a Hopi tribal member.

Speaking on a panel before the protest on Sunday, Wahleah Johns, Navajo from Forest Lake, Arizona, with the Black Mesa Water Coalition, said she comes from the area, close to the Peabody Coal operations.

As the Bush administration seizes Indian lands and resources in the final hours, Johns said the latest push for Peabody Coal mining is part of the Bush legacy of targeting Indigenous lands with fossil fuel extractions all over the world.

Johns said the proposed life of mine would mean that Peabody can mine as much coal as they can, as long as they like, until all the coal is gone.

"It hurts me. I have seen what actual strip mining looks like."Peabody has been using the pristine aquifer water at the rate of 4,600 acre feet of water each year. "No where else could you find this type of abuse, no where else in the world."

Johns said the Black Mesa Water Coalition, created by Navajo and Hopi youths, organized because of the abuse of sacred water. "Black Mesa is regarded as a female mountain of Black Mesa." She said every effort must be made to stop coal mining on Black Mesa.

During the panel discussion, Enei Begaye, Navajo activist, moderated the discussion on what more coal mining and devastation would mean for the Navajo and Hopi people.

Dale Jackson, Hopi from Third Mesa, said Hopis made a difficult sacred run to Mexico, which required a great deal of sacrifice. Jackson said he was happy to see the rain when they returned. "We were happy to see we brought the rain back."

Jackson said the Hopi grandmothers are sad now and do not know what will happen to them. "They are here in spirit listening to us."

Maxine Wadsworth, Hopi, said the people came out of respect to protect the water. "We just had to put our prayers before us, and lay our prayers down to be here today."

She said the Hopi tribal government has provided misinformation about the draft environmental impact statement. She said the Hopi people are not in support of the EIS and have gained the support of Arizona Congressman Raul Grijalva, who has asked that the EIS be suspended. She said the Office of Surface Mining is pushing for passage of the
EIS.

Wadsworth said Peabody Coal does not have permission to use C-Aquifer water. "We are here to speak on our own behalf." She said the aquifer provides water for ceremonies at the springs. The springs are drying up.

"When I think about it, I just want to cry. It is that significant to us."

Wadsworth said the US government is failing to protect the religious
beliefs of the Hopi people, but yet protect insects and fishes. Wadsworth also listed the federal laws being violated, included the Treaty of Guadalupe and federal laws created to protect American Indian religious freedoms.

Hopi and Navajo traveled 12 hours to reach Denver, many living in desperate conditions. They said they came to Denver for their children, their future and the sacred ceremonies. The people are being abused by their own tribal officials and the officials of the Office
of Surface Mining.

Navajos said the elected Navajo tribal government is making decisions without regard to the grassroots people and elderly who live on the land and suffer the consequences of coal mining and loss of aquifer water. Hopis said the federal government is seizing a time when the people are vulnerable, since it is a ceremonial time and Hopi are reluctant to fight political battles at this time. The Hopi Chairman does not support the EIS and more coal mining and for this reason there is political instability at home, Hopi said.

Navajos from Big Mountain said ceremonial plants are disappearing as the springs dry up. "They are destroying this beautiful land," said John Benally from Big Mountain. "Because they don't live there, they don't care." While the healing and ceremonial plants and clays are disappearing on Black Mesa, Benally said burning fossil fuels is responsible for global climate change. The sun is now causing people to have blisters.

Benally said Navajos do not want to give their young people contaminated air to breathe and land to live on.

Meanwhile, Navajos have to travel long distances to haul water, while Peabody uses the precious water.

"We are threatened again with relocation," said Leonard Benally of Big Mountain. "Enough is enough. We need your help. Tell the OSM people, 'Black Mesa is not for sale! Go home!'"

Navajo and Hopi protested after being given only 45 days to comment on a revised Black Mesa Project Draft Environmental Impact Statement. They were never offered a public commenting period. Requests for commenting period extensions were denied by OSM as well as requests for OSM to come to Navajo and Hopi lands for question and answer
meetings.

Arizona Congressman, and leading candidate for Secretary of Interior in the Obama Administration, Raúl M. Grijalva has asked current Secretary of the Interior Dirk Kempthorne to suspend further consideration of Peabody's permit. "At present, OSM is rushing to approve a life-of-mine permit, first without making the permit
revisions sufficiently available for public review, and then without adequate environmental review," Grijalva said.

"Mining at Black Mesa has caused springs on Hopi lands to dry up and jeopardized the sole source of drinking water for many Hopis and Navajos," stated Grijalva. "The Secretary, as the trustee for Native American tribes, must ensure that mining is done responsibly on tribal lands and that tribes actually want mining to occur. This project does not meet that test."

Former Navajo Chairman Peter MacDonald Sr. also recently came out against the expanded permit for Peabody, "The best thing that the Navajo Nation could do is to get rid of Peabody."

The Hopi Tribal Council is officially opposed to this project, however, the Council is currently in turmoil over the suspension of the Tribal Chairman. As a result, proper consultation with the Tribe, as required by federal law, cannot occur.

"The Interior Department and OSM are moving forward on this project to try to approve it before the end of the year," said Grijalva. "During a time of sacred religious ceremonies on Hopi, OSM is expecting the Hopi people to understand a complicated legal process to approve mining without a functioning tribal council to represent them. The
Secretary needs to suspend this process until the tribal council is once again functional and spiritual ceremonies have concluded. Doing otherwise ignores the important obligations the federal government has toward tribes."

In addition, the power plant that previously used Black Mesa Mine coal shut down, and there is no other proposed use for the coal whose mining would be permitted by OSM. As a result, there is no actual proposed project involving Black Mesa Mine coal to be analyzed, making the pending decision not only premature, but in direct conflict with
the requirements of the National Environmental Policy Act. According to former Hopi Tribal Chairman, Vernon Masayesva, "No customer means no project – you can't do an EIS unless you have a real project, yet OSM is going ahead with getting a life-of-mine permit."

Black Mesa Navajo and Hopi residents are concerned about how this project will impact the future of their homelands given the history of Peabody's unwise use of the Navajo Aquifer. "For decades coal and water from our lands have been taken to power Los Angeles and Las Vegas. Yet, we have suffered the loss of our sole source drinking water to accommodate the over consumption of these areas," says Nikke Alex.

Black Mesa is the ancestral homelands to thousands of Navajo and Hopi families and is regarded as a sacred mountain to the Navajo people and plays an integral role in the cultural survival for the future generations of both the Navajo and Hopi people. Many Navajo and Hopi people stand firmly in opposition to this mine expansion plan and are
organizing to voice their concerns.

[Brenda Norrell has been a news reporter in Indian country for 26 years. She served as a staff reporter at Navajo Times and as a stringer for The Associated Press and USA Today during the 18 years she lived on the Navajo Nation. Currently, Brenda Norrell is based in Tucson, Arizona.] - Sri Lanka Guardian