MEMORANDUM OF UNDERSTANDING
between

THE MUSEUM OF NORTHERN ARIZONA
and
THE HOPI TRIBE

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WHEREAS, (MNA) and the Tribe mutually desire to recognize and formalize the long -standing cooperative and reciprocal relationship between the Hopi Tribe and MNA; and

WHEREAS, MNA and the Hopi Tribe have enjoyed a mutually beneficial relationship since the founding of MNA in 1928; and

WHEREAS, based on a vision for a new level of cooperation and trust, the leadership and the board of trustees of MNA seeks to strengthen the understanding and the communication between the Tribe and the Museum; and

WHEREAS, MNA has significant numbers of Hopi and Hopi-related materials in its collections and recognizes the cultural sensitivity of many of these materials as well as continuing NAGPRA responsibilities to the Hopi Tribe relative to these collections; and

WHEREAS, the Hopi Tribe desires to see its culture portrayed accurately and sensitively, and MNA seeks Hopi collaboration to represent Hopi culture accurately and sensitively in its educational programs; and,

WHEREAS, the Hopi Tribe maintains special collections at MNA, including the Walpi Restoration Project collections and the Beenhower Collections; and

WHEREAS, MNA has sponsored an annual Hopi Exhibition for 71 years and seeks to have Hopi perspectives and participation included in these Exhibitions, as well as MNA’s other programs in the future.

NOW, THEREFORE, the Museum of Northern Arizona and the Hopi Tribe mutually agree that the formal, reciprocal, and mutually beneficial relationship between the Parties shall be implemented in accordance with the following:

I. Purpose and Intent: The purpose and intent of this Agreement is to finalize the relationship between the Tribe and MNA, to establish the roles and responsibilities, to identify, promote and implement mutually beneficial programs and activities, and to develop a model cooperative and reciprocal relationship based on mutual respect.
 

II. Areas of Mutual Interest and Benefit: The parties agree that a wide range of potential cooperative program opportunities and activities can be identified for the mutual benefit to MNA and the Tribe, and such initiatives may be integrated as specific projects to be coordinated by the Parties, including:

1. A satisfactory conclusion to the Hopi Murals Project (formerly called the Southwest Murals Project) a joint project between the Hopi Tribe and MNA (included as Attachment A).

2. Collaboration on exhibits and educational outreach programs involving Hopi-related topics.

3. Training opportunities for Hopi students, in the MNA-NAU proposed Museum Studies degree program or other related higher education programs.

4. Employment and internship opportunities for Hopi individuals interested in cultural and natural resources management and contracting, collections management, exhibits development, museum-based research, and general museum operations.

5. Development of a future Hopi liaison program on the MNA campus.

6. Long-term development of a Hopi Tutuqayki (museum and education center) and professional staff for the museum.

7. Mutual exploration of new directions for the annual Hopi Exhibition in support of the perpetuation of Hopi art and craft traditions.
 

III. In Order to Explore These and Other Projects of Mutual Benefit:

A. The Museum of Northern Arizona shall:

1. Ensure opportunity for Hopi Tribal involvement in the earliest stages of planning for any project undertaken through this MOU.

2. Continue to serve as a repository for Hopi-related materials under the terms of both formal and informal agreements with the Hopi Tribe, and with the conditions of permits and agreements with Federal Agencies.

3. Consult with the Hopi Tribe to develop policies that ensure appropriate access to Hopi materials in its care.

4. Hold in appropriate confidence any information or materials identified by the Hopi Tribe as culturally or ritually sensitive.

5. Ensure appropriate opportunity for Hopi Tribal review and comment on any documents, images, or media production that may result from projects undertaken through this MOU.

6. Develop appropriate protocols for access to MNA’s library and archives subject to the provisions of Hopi Tribal Resolution H-70-94.

7. Provide technical assistance to the Hopi Tribe, particularly for museum and educational issues.

8. Support Hopi Tribal efforts to secure funding or assistance for projects undertaken through this MOU.

9. Appoint appropriate staff members, research associates and trustee to advise and implement projects under this MOU, including but not limited to a Hopi Liaison.

B. The Hopi Tribe shall:

1. Assist in identifying and communicating with appropriate Hopi individuals and groups (clans, societies, villages, and other organizations, etc.) for development of projects undertaken through this MOU.

2. Facilitate access to Hopi lands and appropriate Hopi individuals for MNA staff and participants in projects undertaken through this MOU.

3. Assist in the acquisition of any permits that may be for work on Hopi lands done through this MOU.

4. Provide MNA a list of desired Hopi initiatives to be undertaken under this MOU.

C. The Museum of Northern Arizona and the Hopi Tribe mutually agree to:

1. Schedule regular meetings to explore and develop cooperative programs and projects under this MOU.

2. Regularly review the work and projects implemented under the MOU and the relationship between the Tribe and MNA.

3. Assign specific liaison responsibilities to appropriate Tribal and MNA staff to expedite communications between the two parties.

4. Identify and notify the other party of opportunities suitable for consideration under this MOU, including third-party partnerships.

5. Participate as fully as possible in the joint planning and consultation activities taken under the terms of this MOU as staffing and funding permit.

6. Confirm important communications and decisions in writing.

7. Make a good faith effort to respond to the other party in a timely fashion.

8. Proceed on cooperative and reciprocal projects undertaken through this MOU only by mutual agreement.

9. Both parties will work together to secure funding and assistance for projects undertaken through this MOU.

10. Identify additional parties (e.g. federal and state agencies, other museums, educational institutions and consultants) that may be interested in participating in projects under this MOU.
 

IV. Duration of Agreement

This MOU takes effect upon the signature of the Chairman of the Hopi Tribe and the Chair of the MNA Board of Trustees and shall remain in effect for five years from the date of execution, at which time it is subject to review, renewal, or expiration.

IV. Modification and Termination
1. This Agreement may amended by mutual consent. Either party to this Agreement may request such an amendment by providing thirty days written notice to the other party. The requesting party will schedule a meeting to discuss proposed changes. All amendments shall be documented in writing.

2. Either party to this Agreement may terminate this Agreement by providing thirty (30) days written notice to the other party.

3. Failure of the parties to reach agreement on projects and activities proposed under the authority of this Memorandum does not constitute a breach of the Memorandum.

4. The parties to this Memorandum will meet annually to review and re-evaluate its terms to determine whether continuation, amendment, or termination is appropriate.
 

V. Limitations
1. Nothing in this Agreement shall be construed as limiting or affecting the
authority or legal responsibilities of the Museum of Northern Arizona or as binding it to expend any funds.

2. Nothing in this Agreement shall be construed as limiting or affecting the
authority, sovereignty, or legal responsibilities of the Hopi Tribe or as binding it to expend any funds.
 

VI. Non-Fund Obligating Document

Each Party hereto agrees to fund its own expenses associated with the projects under this Agreement. Any endeavor involving contribution of funds or transfer of anything of value between the Museum and the Hopi Tribe will be outlined in separate attachments to this Memorandum and shall be authorized by appropriate representatives of the Museum and the Hopi Tribe.
 

VII. Responsibilities

The Museum of Northern Arizona and the Hopi Tribe will handle their own activities and utilize their own resources, including the expenditure of their own funds in pursuing the objectives of this Memorandum. Each party will conduct its separate activities in a coordinated and mutually beneficial manner.
 

VIII. Principle Contacts

ATTACHMENT A
Hopi Murals Project Plan of Action

MNA and the Hopi Tribe desire to develop and implement a new approach to the “Hopi Murals Project”, formerly known as the “Southwest Murals Project” (SWMP).

The Hopi Tribe and MNA express their desire to cooperatively restructure and rename the SWMP, and to jointly plan and implement a new project based on the principles outlined in the general MOU. MNA and the Hopi Tribe agree to the following plan of action for this new project:

• Determine the mutual responsibilities of MNA and the Hopi Tribe
• Select a curator and project personnel
• Develop a story-line, exhibit content and themes that capture Hopi experience, perspectives and interests
• Select appropriate objects to support the exhibit
• Define audiences
• Determine initial venues
• Determine associated publications
• Identify and secure appropriate financial resources
• Determine appropriate contact personnel
• Integrate the products of the former SWMP