Wednesday, June 28, 2017

BIA's Pechanga Land COBELL SETTLEMENT BUYBACK OFFER: $1.13 for LAND INTEREST VALUE

Word is coming from those receiving settlement offers for allotted land the US Department of the Interior Land Buyback Program for Allotted Land on the Pechanga Indian Reservation.  Temecula land is going for $70,000 per acre, Hunter property should fetch $1.4 million...


One offer was for $1.13 ...best and FINAL, NON negotiable!  Well, that that they paid staffers to send out letters, a huge mailing and postage...which would be MORE than this "interest value".  19.88 acres held by 100 allottee descendants means that they don't value or have interest in us at all.

My question is:  DOES that HAVE to be taken in ONE LUMP SUM? or..for can it be extended over a period of years to reduce the tax implications.

THIS IS THEIR ANSWER for 150 years of MISMANAGEMENT of Indian Trust Responsibility.  JUST SAY NO

The Disappearing Salmon, This Centuries Buffalo Extinction? Steve Magagnini's Thought Provoking Story

A tale of the salmon runs, reads like what happened to the Buffalo over a century ago  STEVE MAGAGNINI AND RYAN SABALOW of the Sacramento Bee have a story (linked here) on how Tribes in Northern California are affected.  PLEASE..share on your social media...

Under a purple pre-dawn sky, a small group of Northern Californian Indians ventured out onto the wet sand where the mighty Klamath River meets the Pacific Ocean. They had come to honor and fight for the salmon that have sustained their ancient culture for generations.
Parents with their children burned sacred sage in the chilly morning air, then pulled out intricate wooden batons carved to look like salmon. As barking sea lions serenaded them, two boys accepted the batons from their elders and bolted down the beach. The boys dipped the wooden salmon into the tide, whipped around and ran as furiously as they could upriver.
The salmon runs performed by the Yurok, Karuk and other Northern California tribes have long spread the joyous news from village to village that the fish were returning from the ocean. This year, however, the event also brought bad news.

Tuesday, June 27, 2017

BIA Takes "Good Enough for Government Work" as GUIDELINE on FOIA Requests

Is THIS what we expect from our government:  Probably not the best, but what the hell, at least we got the job done to minimally acceptable standards, some of the time.

More follow up of the BUREAU of Indian Affairs and the Emilio Reyes FOIA REQUESTS.  I have three emails from BIA Southern California agency, Javin Moore is currently the superintendent, and from Director Amy Dutschke.

Let's see if I can break these down for our readers.

EMAIL #1:  Director Dutschke is asking FOIA officer Doug Garcia, WHY FOIA requests aren't cleared from the backlog, when they are completed.  Looks like 3 weeks LAG TIME?  Interesting that it took an hour and a half to get back to the BOSS LADY.

EMAIL #2:  It appears  Sandra Hansen was trying to avoid completing the FOIA requests, including initiated a "phone tag" to delay or to avoid providing responses to SPECIFIC requests

EMAIL #3: The last one could charitably be termed a "error" stuffing envelopes. But more likely carelessness because the agency claims to mail Emilio correspondence but mails correspondence that is supposed to go to another requester.

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It certainly seems like we spend a lot of time of BIA failures, issues and more, doesn't it

Saturday, June 24, 2017

Wilton Rancheria Chairman Raymond Hitchcock RESPONDS TO Lawsuits.

Below is a statement issued by Wilton Rancheria Tribal Chairman Raymond Hitchcock. The statement includes a response by Hitchcock to an inquiry made regarding comments made by Elk Grove Mayor Steve Ly, as revealed in a lawsuit filed against the City of Elk Grove earlier this week, regarding a suggested solicitation of the tribe.

“This is another attempt by card room interests to use local citizens to front their jaded agenda. The allegations in the lawsuit are acts of desperation by an opposition group afraid of competition. The publicist for Knighted Ventures, which provides services for local card clubs and acknowledged funding last year’s crooked petition drive, put his name on the press release for the lawsuit. Why don’t you ask the five Elk Grove residents whose names are on the court filing who is paying for the lawyers.

The Tribe never gave any such funds. But as you are aware, Wilton Rancheria's MOU with the City of Elk Grove generously pledges $400,000 annually to the Elk Grove School District, and we remain committed to support local education in the face of cynical efforts by out-of-area interests to create scandal where none exists.  The Tribe is baffled that the local card rooms and Stand Up for California would decry such pledges.”

Thursday, June 22, 2017

Supreme Court RULES Stripping Citizenship IS EGREGIOUS Corrupt Tribal Councils Do It ALL THE TIME

"We have never read a statute to strip citizenship from someone who met the legal criteria for acquiring it," Justice Elena Kagan wrote in the court's UNANIMOUS opinion.
APPARENTLY, Justice Kagan hasn't been following what's gone on in Indian Country:



The equivalent of EIGHT MILLION TRIBAL MEMBERS have lost their citizenship and RISING...

It's unconscionable  that in all the years we have had mass terminations of tribal citizenship, no politician has stood up for those Indians who have been harmed by their tribe.  (See:  Like Being Raped and Going to your Rapist for Justice)

Stop Tribal Genocide Founder Emilio Reyes Forced to Sue BIA on FOIA Requests

Founder of Stop Tribal Genocide, Emilio Reyes files his first FOIA lawsuit, representing himself against the Bureau of Indian Affairs.  It seems at EVERY TURN, The Bureau of Indian Affairs drags its feet. ( see: BIA pulling OKIE DOKE )  NO WONDER they lost a Freedom of Infomation Act lawsuit to Nooksack.

The Bureau of Indian Affairs, Western Regional Office is withholding 1005 pages of responsive records on a Freedom of Information Act request. Since the agency claims exemption 6, by this complaint, Emilio is requesting the Bureau of Indian Affairs to identify each document withheld, state the statutory exemption claimed and explain how the disclosure would damage the interests protected by the claimed exemption.

Under exemption 6 the agency has the right to withhold records due to privacy concerns. However, the records requested are 77-97 years old. Under exemption 6 the agency has to do the following: 1) Request proof of death of the individuals listed on the records. 2) Provide responsive documents with redacted information 3) provide the records presuming the individuals are deceased due to the date of the records creation. The agency failed to follow any of these guidelines. Nevertheless, the acknowledgement and final letter was provided six months after the initial request.

The administrative appeal was filed to the Department of Interior (Office of the Solicitor) in Washington, DC. To this date, the appeal has not been acknowledged, accepted, or denied receipt. In accordance to 43 CFR 2.62, the basic time limit for responding to an appeal is twenty (20) business days. If the Department is unable to reach a decision on an appeal within the given time limit for response, the appropriate deciding official for FOIA appeals will notify the requestor of the statutory right to seek review in a United States District Court. The agency failed to follow these procedures.

Emilio says that even though the records are available in ancestry.com and also in the National Archives, some of the records in the repository of the Bureau of Indian Affairs, include additional notes and correspondence which are significant important to the research he's done on Mexican Indians living in the Arizona and California Indian reservations.

Pending complaints have been filed in the U.S. District Court of Southern California. Few of those complaints relate to records of the San Pasqual and Mesa Grande tribe, that the Bureau of Indian Affairs Regional Office is withholding in part or in full.

Here is the latest lawsuit to get the western region of the BIA to produce documents from a FOIA request.

Shouldn't the BIA do a better job of being in compliance?

WILTON RANCHERIA - ElK Grove Subterfuge? Brown Act Violations Alleged

See the Lawsuit HERE  (link fixed)      And it seems shady at best. If this was such a good deal, why would they try to hide it?

AND, Did the ELK GROVE COUNCIL USE WILTON as an ATM:

Between January 26 and 30, 2017, Matthew Baur, 6’ grade teacher at Carroll
4 Elementary School in Elk Grove and a teacher for Mayor Ly’s son, and Steve Ly exchanged emails discussing the casino, and Baur’ s efforts to get a donor to pay $750 for classroom chrome
6 book network connections. Ly responds: “Please share our conversation with everyone. My position is no secret. Regarding funding for chrome book. No worries, let’s get a donation from the Rancheria. Can you do a letter to me describing your situation and the need for $750?”

Lisa Jimenez detailed Wilton Rancheria's subterfuge in gaining land and using her family's cemetery to the city in January.
Read about the BIA's OWN CONFLICT OF INTEREST HERE



Citizens File Suit Against Elk Grove City Council Alleging Violation of the Brown Act
Citizens seek public hearings; disclosure of records related to backroom deals on Wilton Casino Project


ELK GROVE – Today, citizens of Elk Grove petitioned the Superior Court of California, County of Sacramento seeking to compel the City of Elk Grove to comply with the California Public Records Act and release additional documents related to backroom deals on the Wilton Rancheria Casino project that is being proposed at the site of the abandoned Elk Grove Mall project off Highway 99. (petition attached)

The petitioners are Elk Grove residents Patty Johnson; Joe Teixera; Omar Ahmed, Jr., Xin Guo; and Carolyn Soares. The attorney for the petitioners is Brigit Barnes, Esq

The petitioners also seek declaratory relief based on findings of initial public records act requests which indicate that City Council members and staff engaged in private meetings, email, telephone and text exchanges with representatives of the Wilton Rancheria Tribe, the Elk Grove Town Center LP, through its partner the Howard Hughes Corporation, and gaming parties such as Boyd Gaming of Las Vegas, to predetermine collective approval of the Casino project in violation of the Brown Act. 

California’s Brown Act was enacted to prevent secret meetings of official bodies and guarantee the public’s right to attend and participate in meetings of local legislative bodies where decisions on issues of importance are made. 

The actions of the City Council effectively shut the voters of Elk Grove out of the process of determining whether they support the Wilton Casino project. At the same time, these private backroom conversations allowed the City Council to publicly provide the false impression that they had no influence in the matter, again avoiding public scrutiny and bypassing public involvement in the Casino project. 

One example of these private backroom dealings occurred in January 2017. The city of Elk Grove was faced with a decision regarding the citizen’s drive to force a vote on the development agreement that would pave the way for the Wilton Rancheria Mega Casino. 

Wednesday, June 21, 2017

Disenrolled Indians Lose Tribal Benefits, Taxpayers FOOT the BILL

 What MUST BE TOLD

Pechanga Corruption: Disenrolled Indians often lose federal benefits
Capitol Weekly
by Malcolm Maclachlan
Published August 9th, 2007

Individual Indian tribes are the sole arbiter of who is and is not a member. But members who are disenrolled from tribes can lose their access to federal benefits, as well, including housing, education, health care and welfare.

Nationwide, thousands of Indians have been kicked out of tribes in recent years. Most of these disenrollments have happened in the years since the advent of tribal casino gaming. Many tribes say their numbers swelled as non-members sought entry into the tribe, and they are dealing with backlogs of illegitimate tribal applicants.

Nevertheless, the vast majority of those who are disenrolled are still Indians--and often hold disenrollment letters that admit this--and are therefore theoretically eligible for federal services for Indians. But the federal government has traditionally run services through tribes. When members are kicked out, accessing services is difficult--and state and local governments are often left holding the bag.

Take the May 8 letter Riverside-San Bernardino Indian Health Inc. sent to a disenrolled member of the Pechanga Tribe. "Due to your disenrollment you are no longer eligible for Contract Care," the letter states. Disenrolled Indians can still get health-care services at the five federally funded clinics the organization operates, but at the "Direct Care" level. This means higher costs, a lower level of services and no doctor choice.

PINOLEVILLE POMO NATION, Chairwoman LEONA WILLIAMS SUED for FRAUD

The former owner of the historic Hopland Inn in Mendocino County is suing the  Pinoleville Pomo Nation , its chairwoman LEONA WILLIAMS and its former business consultant, claiming improper and fraudulent business practices arising from the tribe’s operation of the inn, which is currently shuttered and undergoing renovation under new owners.
Leona Williams (left)
OP Blog Hall of Shame

San Luis Obispo-based developer Forster-Gill Inc. is seeking more than $1 million, alleging fraud, breach of contract and breach of purchase agreement, including unpaid rent in connection with the 2009 lease, according to Mendocino County Superior Court records.

The lawsuit, filed in April, also alleges the tribe refused to return the hotel and liquor licenses to the property owner after the contract breach.

It names tribal Chairwoman Leona Williams and the tribe’s former business consultant, Michael Canales, of San Diego. Neither could be reached for comment this week.

The Hopland Inn project began in early 2009, when the tribe entered a lease agreement that included a $1.5 million option to buy the Victorian-era inn. The property, which has changed hands and opened and closed multiple times in recent years, is once more in the process of being restored under new ownership with reported plans to reopen later this year.

The tribe only sporadically operated the hotel’s restaurant and bar before shuttering it again after a water pipe burst in January 2012, causing significant damage, according to Gregory Connell, who represents Forster-Gill.

“It wasn’t well attended,” he said of the hotel.

Connell said his client tried to work things out with the tribe, even as they failed to make many of the lease payments of about $8,000 a month.

“We kept extending the option to purchase,” he said. “Eventually it became clear they couldn’t or didn’t want to purchase” the hotel.

It wasn’t until early 2016 that the tribe vacated the inn, leaving it in terrible condition, according to the lawsuit. Connell said his client resold the hotel for less than its original asking price because of its disrepair.

The tribe’s Colorado-based attorney, Padraic McCoy, did not return phone calls. But, according to a legal document seeking dismissal of the lawsuit, the tribe is claiming it cannot be sued because it is a sovereign nation.


Connell said the tribe waived sovereignty as part of the lease/purchase agreement. Such waivers are crucial for business deals made with non-tribal members and off-reservation projects because tribes otherwise are not subject to state or federal court decisions, he said. He said waivers will become more important as tribes increasingly seek business deals outside of their tribal lands.

The court has yet to rule on whether the sovereignty waiver is valid, Connell said.

The Hopland Inn, also known as the Thatcher Inn, was just one of the tribe’s economic development endeavors in recent years.

In 2015, Canales helped the tribe launch an economic development project based on marijuana production and processing. The project, which at the time would have been the first large-scale, tribe-sanctioned cannabis growing and processing operation in the country, abruptly died when local sheriff’s officials raided the operation, seizing some 400 plants. The tribe currently has plans to build a 90,000-square-foot casino on the site of a former car dealership just north of Ukiah.

READ THE FULL STORY in the PRESS DEMOCRAT

Tuesday, June 20, 2017

Lehman Brightman, Founder of United Native Americans, WALKS ON After a LIFETIME of Activism for NATIVE AMERICANS

Moving this story up, and wonder WHY Native Media hasn't taken notice and honored the life of Dr. Brightman?   Complete media silence.  I've sent emails notifying them, my wife has.  WTF?


Expected, but sad news that  Dr, Brightman has walked on.  Son, Quanah Parker Brightman shared to news on his Facebook page.

YOU can help with funeral expenses here


Lehman L. Brightman was a Sioux and Creek Indian who was born on the Cheyenne River Sioux Reservation in South Dakota. He was the father of three boys -- Lehman Jr., Gall , who preceded him in death and Quanah. 

Professor Brightman was the founder and National President of United Native Americans, Inc. a non-profit Indian organization formed in 1968, to promote the progress and general welfare of American Indians. 

In his capacity as President of UNA Mr. Brightman testified in two U.S Senate Hearings on the deplorable conditions of Indian boarding schools and hospitals on reservations. And led investigations of seven Indian boarding schools and three Indian hospitals due to the poor service and abusive treatment of Indian people.

RIVERSIDE COUNTY SHERIFFS FALSELY IMPRISONED SOBOBA TRIBAL COUNCIL

From the Press Enterprise....



The Soboba tribe of Southern California claims the Riverside County sheriff violated its sovereignty, terrorized its people, falsely imprisoned its tribal council and coerced officials into handing over hundreds of hours of surveillance video while investigating a missing-person case.

Relying on two illegal search warrants, Sheriff Stanley Smith “deployed a SWAT team, helicopter, canine units, and countless … officers and vehicles, all for the purpose of downloading video surveillance and searching a single site on the reservation,” the tribe says in its federal complaint.

The four-day ordeal — involving “low-altitude hovering and flights over the Soboba Reservation by [a sheriff’s] helicopter” and “numerous vehicles and heavily armed officers” surrounding the administration building — “terrorized and intimidated the Soboba Reservation community, necessitated the closing of two nearby tribal schools,” the tribe says.

Monday, June 19, 2017

SUPREME COURT UNANIMOUS: The REDSKINS WIN, with HelP from.....THE SLANTS

The case was brought by a band called the SLANTS, an Asian group, but the Redskins will benefit.


 The result: UNANIMOUS Verdict 8-0, Gorsuch not involved.  READ the decision HERE

The Patent and Trademark Office (PTO) denied the
application based on a provision of federal law prohibiting
the registration of trademarks that may “disparage . . . or
bring . . . into contemp[t] or disrepute” any “persons, living
or dead.” 15 U. S. C. §1052(a). We now hold that this
provision violates the Free Speech Clause of the First
Amendment. It offends a bedrock First Amendment principle:
Speech may not be banned on the ground that it expresses ideas that offend

and

While the government may discriminate based on viewpoint when it comes to speech that is treated as the government’s own speech, trademarks are private speech (albeit protected by the government against certain forms of infringement) and not government speech.

Decision: