Friday, June 23, 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

Thursday, June 22, 2017

Supreme Court RULES Stripping Citizenship IS EGREGIOUS - UNANIMOUS Corrupt Tribal Councils Don't Respect That Opinion

"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 Often Lose Federal Benefits.

 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:

RYAN ZINKE to SHAKE UP Dept. of Interior

Looks like Ryan Zinke will make major shakeups at the Department of Interior INCLUDING the Bureau of Indian Affairs, according to a Washington Post story
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License



From the article:

...Reassignment of Bureau of Indian Affairs Director Weldon “Bruce” Loudermilk, acting assistant secretary of Indian affairs Michael S. Black and acting special trustee for American Indians Debra L. DuMontier.  

A move at the top is ONE thing, but the suspicious activities in the BIA Regional Offices is quite another.

GOOD MOVE here, or bad?

Sunday, June 18, 2017

Nooksack Tribe Turmoil: BOB KELLY Should Resign in SHAME. DO ONE HONORABLE THING

For nearly five years, we've published stories about the issues at the NOOKSACK TRIBE.  They currently are having their rights STRIPPED from them, due to the actions of BOB KELLY and his handling of the NOOKSACK 306 disenrollment including abusing their children.

His violation of the tribe's constitution has led to the closure of one casino last year and NOW THIS:


Closure of the second casino, and the Feds are taking over the administration of health care for all.   IS THIS WHAT the NOOKSACK PEOPLE WANT?
LOOK WITHIN people of Nooksack.   Bring the TRIBE together, run the tribe for the good of ALL.   You are losing your rights, your tribe and your HONOR...for BOB KELLY?

#StopDisenrollment

UPDATE Dr. LEHMAN BRIGHTMAN VICTIM of ELDER ABUSE/Substandard Care at Kindred Walnut Creek Says Quanah Parker Brightman


We've written in the past about the failing health of famed Native American activist Dr. Lehman Brightman, now comes even more disturbing news that he is victim to elder abuse, via the lack of competent care, at KINDRED WALNUT CREEK suffering from stage 4 bedsores, due to lack of turning and care

PLEASE help at the family GOFUNDME PAGE

Quanah Parker Brightman, executive director of United Native Americans, advocates and cares for his father.   He brings  voice for his father, accusing county worker Katherine Riso, of laziness, as his county appointed conservator.

He has appeared before the Contra Costa Country Supervisors shown here and calls out RISO.  Just last week.  Why does there need threats of lawsuits to get county supervisors to act?




Might there be some justice here?   Who among you knows a good attorney who can take a case on contingency?

Chief Brightman  NEEDS help from Indian Country.

#elderabuse
#PleaseContiunePrayingForChiefLehmanBrightman


I HOPE this photo disturbs ALL of you.  Enough to call the 
Hospital president who is Colleen McKeown
925-295-5888
Her exec asst is Christy ELliot 925-7606
Her office opens at 8:30 am call them right away.
Patient advocate ombusdsman is Jean Ingram 925-295-7789


UPDATE:   Quanah reports via video that the doctors are giving Chief Brightman only a WEEK of life....

UPDATE:   Nearing the end of a very full life...

Friday, June 16, 2017

EPA COVER-UP in NAVAJO NATION MINE DISASTER: Blind Eye to the Truth


A lengthy article, albeit very short on it's impact on TRIBAL TERRITORY,  on some REAL COVER-UP activity, by the EPA in the Gold KING disaster in 2015...

In August 2015, an EPA crew inexplicably dug out the rock and rubble “plug” to the long abandoned Gold King Mine, triggering a massive blowout that flooded the Animas River with 3 million gallons of acid mine drainage and, according to the EPA, over 550 tons of metals.

Had the EPA actually been doing what it claims it did, the disaster would never have happened. However, it seems the EPA could not allow its reputation to be tarnished with the truth.

TRUMP GETS SOVEREIGNTY RIGHT...on CUBA. REJECT the OPPRESSORS...and REJECT the Oppressors Who Wield TRIBAL SOVEREIGNTY LIKE A CLUB

Donald J. Trump

Don't look at me like that. He NAILED IT.  (blind squirrel....?) In today's speech on Cuba, in overturning the policy of former President Barack Obama he stated:

"We all accept that all nations have the right to chart their own paths.  I'm certainly a VERY big believer in that."
"So we will RESPECT Cuban Sovereinty, but we will never turn our backs on the Cuban people. That will NOT HAPPEN"


This is exactly what the TRIBAL NATIONS have done to the over 11,000 Native Americans who have been harmed by their OWN oppressive regimes.  AVOIDANCE has DONE NOTHING to protect the rights and resources of those of us harmed.



We've posted and re-posted what can be done to express MORAL OUTRAGE to a level that may change minds of those oppressive leaders and I wrote this to Sheryl Lightfoots piece:

Frankly, economic sanctions of another nation, plus public embarrassment may be the only course of action that is effective. For instance, in South Africa, it was their SOVEREIGN RIGHT as a free nation to impose apartheid on their country, yet, thankfully, at the urging of the Congressional Black Caucus, we stood up for black South Africans.

TRUMP CONTINUES:   "The American people have rejected the Cuban people's oppressors.  They are rejected, officially today, they are rejected.

REJECT Native American regimes that OPPRESS their people.    Pechanga, Redding, Pala, Hopland, Rincon, San Pasqual, Picayune, Nooksack to NAME BUT A FEW.

As Dr. David Wilkins put it.. NATIVE AMERICAN GROUPS ARE MIA

NOOKSACK Corrupt Council Taking HITS from ALL DIRECTIONS: LOSE BATTLE in EVICTION CASE





I'll take, when it RAINS it POURS on Nooksack for $1,000 ALEX...

Auntie Margretty Rabang WINS AGAIN against the BOB KELLY Faction who just took a major hit from the NIGC

"Defendants are instructed to preserve the status quo by abstaining from any action in furtherance of the eviction of Plaintiffs Margretty Rabang and Robert Rabang, absent further order of the Court."

Wouldn't an HONORABLE leader...RESIGN?

NIGC order CLOSURE FOR NOOKSACK GAMING and NORTHWOOD CASINO

BOOM!

Chairman of the National Indian Gaming Commission (NIGC),  Jonodev O. Chaudhuri, issued a Notice of Violation (NOV) and immediate Closure Order against the Nooksack Tribe’s gaming operation, the Northwood Casino, in Deming, Washington.

The NOV resulted from a thorough and multi-faceted investigation by the NIGC that identified numerous violations of the Indian Gaming Regulatory Act (IGRA), NIGC regulations and the Nooksack Tribal  Gaming Ordinance. The NOV details the violations as:

The Tribe failed to maintain its sole proprietary interest and responsibility for the conduct of any gaming activity.

The Tribe failed to submit the required attestation certifying that the construction and maintenance of the gaming facility adequately protects the environment and public health and safety.
The Tribe failed to maintain and operate the gaming facility in a manner that adequately protects the environment and public health and safety, which is evident in orders issued by the Environmental Protection Agency (EPA) detailing significant deficiencies of the Safe Drinking Water Act that have occurred at six water systems, including the Northwood Casino Water System.
The Tribe failed to perform required licensing actions for members of the Nooksack Business Corporation II (NBCII) who are primary management officials of the Northwood Casino.

“We do not take lightly the issuance of notices of violation and closure orders against tribal gaming operations. We are taking this significant enforcement action only after a complete analysis of the unique circumstances involved, including a full review of the structure of the Tribe’s governing and business bodies. The violations set forth in the Notice compromise the integrity of the Northwood Casino and the gaming industry as a whole, diminish the sole prioprietry interests of the Tribe, threaten the health and safety of the public, and impede the Tribe’s ability to make necessary decisions to administer their operations.” Chaudhuri said.

In order to correct the ongoing violations, the Nooksack Tribe must comply with all licensing requirements, submit the required construction and maintenance attestation, and take corrective action to resolve the EPA violations. The Tribe could face civil penalty violations in the amount of $50,276 for each violation per day of occurrence until corrected.

The full Notice of Violations and Closure Order is available here.

Thursday, June 15, 2017

NCAI MARKETPLACE: Another Major Event that IGNORES the ABUSES of NATIVE AMERICANS...BY Native Americans

Another MAJOR EVENT for the NCAI (National Congress of American Indians) and another round of SILENCE by not discussing the corrupt and abusive actions of some tribes:  Pala, Pechanga, San Pasqual, Nooksack, Redding Rancheria, the Cherokee Freedmen issue to name a few.   



The NCAI  is alarmingly silent on the scourge of disenrollment that has ripped the hearts from Native People, much more than the moniker of a football team they railed against so vociferously.   Professor David Wilkins called them out...remember

REALLY, NCAI?   Have you called tribes who have disenrolled and spoke to them about the THOUSANDS of Native Americans who have had their heritage wiped away?    AT LEAST have the DISCUSSION, but alas, their AGENDA has no mention.....again

Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:

Gaming Revenue Blamed for Disenrollment
Disenrollment is paper Genocide
Read the ICT article on NOOKSACK here
CA Tribal Cleansing
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment




Tuesday, June 13, 2017

Emilio Reyes, Native American Activist Discusses His FRUSTRATION with BIA FAILURES on Freedom of Information Act Requests

We wrote about this issue before in Bureau of Indian Affairs Pulling Okey Doke which garnered a lot of views from the BIA (ruh-Roh).  I've asked my friend Emilio Reyes, who has been working tirelessly for the benefit of many Native Americas researching their history, his own, and JUSTICE against a corrupt government entitity charge with looking out for all NATIVE AMERICANS, not just chiefs and chairmen, to share what he's been experiencing.

Emilio Reyes on the Path
to JUSTICE
EMILIO REYES:
Just recently I did a FOIA request to know how the Bureau of Indian Affairs has handled some of my recent requests. This is what I found out:

For those who don't know what I do, I been conducing a lot a of research on the records of the Bureau of Indian Affairs. Some repositories include the National Archives, public libraries, online collections and Freedom of Information Act Requests.

> I started doing research five years ago when I found out my genealogy didn't match the Bureau of Indian Affairs records. There will a story to that soon.

 Turns out on this particular request where I am requesting the Bureau of Indian Affairs to provide their internal emails, I honestly found some of the most disturbing comments.

BIA, Weldon Loudermilk, Amy Dutschke and Javin Moore SUED for Civil Rights Violations, Fraud and Conspiracy By San Pasqual

Bureau of Indian Affairs
Pro Indian, or just SOME Indians

Issues of abuses by the Bureau of Indian Affairs (BIA) at San Pasqual are reaching critical mass for both San Pasqual members AND the descendants that have been denied their rights as Indians, so that NON Indians can benefit.  
 
Amy Dutschke, a Miwok, Allen Lawson & Cheryl Calac have 1/32 Mesa Grande blood, but they have 1/8 Miwok blood through their mother, Lena Montes.

Amy Dutschke and Ursula
Never seen together..coincidence?
It leads to these questions:

Tuesday, June 6, 2017

National Indian Gaming Commission FAILURES ARE A THREAT TO TRIBAL SOVEREIGNTY

ABJECT FAILURE as a
Commission

HAROLD MONTEAU writes in INDIAN COUNTRY TODAY  AGAIN about the failures of the NATIONAL INDIAN GAMING COMMISSION 

The greatest threat to tribal sovereignty is the failure of tribes to abide by the laws they have made to govern themselves when the application of those laws do not give individuals or governing bodies the result they desire. Observing the Rule of Law only when it suits your needs or desires is actually lawlessness. It is no excuse that we live in a country whose government has been drifting into lawlessness powered by the corrupting influence of money. Tribal nations need to rise above and set and keep a higher standard.
These are dangerous times for Indian tribes with tribal sovereignty and sovereign immunity under fire, sometimes because of abuses by the tribes themselves. Employing tribal sovereign immunity to victimize and disenroll tribal members is just one of those abuses, sometimes aided by the inaction of the Federal trustee which has trust obligations to Indian tribes and their aggregate individual Indian members.
Like the rest of Indian Country, I have followed with interest how a small faction of Nooksack ‘leadership,’ and its non-Indian and Indian surrogates, have gutted the entire Nooksack Tribal Government and Tribal Courts in the process of disenrolling about 300 Nooksack Indians from the tribe, in an attempt to maintain control by what is known as the Holdover Council. After a long history of having turned its back on thousands of disenrolled Indians and flouting its trust responsibility to disenrolled Indians for decades, the United States has finally said enough is enough. It will not recognize a tribal decision to disenroll some 300 tribal members by a tribal council sitting in violation of its own constitution and laws.

READ the full article a the link above and more about the NIGC HERE

Friday, June 2, 2017

Grand Ronde Tribal Chair REYN LENO, Who Lead UNSUCCESSFUL Disenrollment Fight, WILL NOT SEEK RE-Election

OPB Hall of Shame inductee Reyn Leno, chairman of the Grand Ronde, has announced he WILL NOT seek re-election in 2017.

An emotional Reyn Leno announced during the Wednesday, May 31, Tribal Council meeting that he will not seek re-election in 2017, ending 21 years of service on Tribal Council. 

Leno, whose seventh consecutive three-year term on Tribal Council ends in September, said he will be on a plane to Hawaii with his grandchildren when Tribal Council candidates are nominated on Sunday, June 25. Leno, 66, was first elected to Tribal Council in September 1996. 

He served as Tribal Council vice chair for 11 years before being elevated to Tribal Council chair by his fellow council members in September 2012. His 21 years on Tribal Council is the most of any Tribal member who has been elected by the membership since 1983’s Restoration. - 

Read the full announcement, with no mention of the disenrollment failure here

Thursday, June 1, 2017

NOOKSACK TRIBE Surrenders Health Care to Indian Health Services

The tribe has been denying those services to roughly 300 people that it disenrolled around Thanksgiving.

The tribe hasn't had a legal government for over a year and the federal government is not recognizing the disenrollments.
Nooksack Protests

Dean Seyler is the director of Indian Health Services in Portland. He said his agency is stepping in to make sure everyone, including the disenrolled, have access to services.

"Federal law states that you will provide them health care. And then it got to the point we're at today," he said.

Because the tribe doesn't have a legal government, it can no longer sign off on $2.4 million from IHS.

IHS will now send Nooksack tribal members, including the disenrolled, to a Community Health Center in Bellingham starting in June.

Tribal member Carmen Tageant voiced her concerns about the current tribal clinic during the meeting with IHS Wednesday.

"If we have an actual governing body and have an election, are we going to get our money back? Are we going to be able to save our Nooksack tribal clinic?"

IHS says it will revisit the issue if and when the tribe has a functioning government. In the meantime, tribal services will be taken over by June 13.

Disenrolled Saginaw Chippewa AWAIT Judge's Decision. WIll the ANCESTORS be HONORED, or DISMEMBERED?

Kristi Potter, Saginaw Chippewa wants justice, not only for herself but for her ancestors.

Tribal Disenrollment Dishonors the Ancestors


Potter believes Public Law 99-346 of 1986 waived the Tribe’s immunity when it accepted the transfer of funds in creating an investment account, and that the Tribe violated the Indian Civil Rights Act in disenrolling the Lown/Fowler/Wheaton families.

Attorney Paula M. Fisher, who is representing the Fowler/Wheaton families in the appeal, likens the disenrollment to the treaties that the federal government made with tribes and failed to honor, only in reverse.

Dr. David Wilkins New Book DISMEMBERED is Available on AMAZON : Disenrollment Analysis Please Buy and Read

Our friend Dr. David Wilkins has his book DISMEMBERED out for sale And I bought my copy.

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.




I was THRILLED to be mentioned in the acknowledgements, along with our friends Cathy Cory of Chukchansi and Mark and Carla Maslin, who is from the Redding Rancheria.  And Gene and Alice Langton-Sloan, who are subject of a post from this morning are also included.

Tuesday, May 30, 2017

RACIST Hate Crime MURDER: Quinault Tribal Member KILLED by Racist Monster Truck driver

Jimmy Kramer
Hate Crime Victime

Jimmy Kramer, 20 year old Quinault tribal member was killed by a pickup driver who attacked him and his friend, 19 year old Harvey Anderson, early Saturday morning near the Humptulips Campground.

According to witnesses the pickup driver was screaming racist comments and war whoops when he purposely—and without provocation—ran his truck into the two young men.

Kramer was at Tacoma General on life support when his life ended at about 10 pm last night. Harvey Anderson was at Grays Harbor Hospital but is now at Tacoma General due to medical complications from his injuries.

Witnesses said Kramer saved Anderson’s life by pushing him away from the oncoming vehicle and took the brunt of the hit himself.

MEANWHILE:    Police were investigating a possible hate crime at the Brentwood home of LeBron James after a racial slur was spray-painted on a gate outside of his house.  SO A WORD gets investigated as HATE CRIME....murder of a Native...not so much.

Saturday, May 27, 2017

Pechanga Tribe's Military History ERASED Veterans Who Served. A Reminder this Memorial Day

The Hunter Family, disenrolled from the Pechanga Band of Luiseno Indians after over 200 years of living in the Temecula area have many veterans who served, or are serving in our military.

Once the Pechanga Resort & Casino opened, corruption lead to exterminating these veterans from their membership rolls and history.

On this Memorial Day, which is meant to honor fallen servicemen, I wanted to honor my relations who served our country, while not giving their last full measure and give our readers the opportunity to do the same in the comments by sharing your veterans name..

Pechanga Veterans of the Hunter Family

We salute our Pechanga Veterans for your courage, honor and commitment.

Cuevas, Felipe - Army
Cuevas, David - Army
Cuevas, Thomas - Army
Vasquez, Robert - Navy
Harris, William  - Air Force
Miller, Dario - Army
Miller, John D - Navy
Miller, Louie - Army
Poole, Mary Ann - Navy  - Husband Paul A. Poole served in the US Navy.
Poole, Gregory - Navy
Smith, Matilda - Army    - Husband Frank Smith served in the Air Force.
Smith, Frank - Air Force
Smith, Ernest - Navy
Tavizon, Ernest - Army
Madariaga, Lawrence - Army
Madariaga, Thomas - Navy
Victor J. Jeffredo - Air Force
Mong, Wayne - Army
Mong, Glenn - Army
Poole, Brian - Air Force (active duty)

APIS FAMILY
William Salinas

I'm sure I've missed a few. Thank you to all Pechanga people who have served. And shame on the Pechanga Tribal Council for staining the memory of these fine people above.
We should honor their memory (and those still living) with our courage to maintain this fight to regain what is rightfully ours.

FEEL FREE TO Add your veteran's name in the comments.  THANK YOU TO ALL who served.

Wednesday, May 24, 2017

SAGINAW CHIPPEWA DISENROLLMENT: No ONE is Safe, EVER

Tomorrow is the FINAL Appeal in the recent Saginaw Chippewa disenrollments. I've corresponded with a few of them, and from their Facebook pages, I find some who are imploring their people to RESIST.  YOU can help by sharing this post on Social Media and offering up prayers for justice, that those hearing the appeal with do what is right and honorable.

Grandma Grace Fowler
Saginaw Chippewa 1937
Constitution Signatory

The Saginaw Chippewa Tribe has proceeded with Disenrollments and has changed it's Ordinance #14 to continue to exclude members of the Tribe. 


These changes include a " No statue of limitations" on membership dis-enrollment, meaning no one is safe, EVER, NO ONE!!! 

The Saginaw Chippewa Tribe also has the distinction of being one of only two tribes in the Unites states that disenroll deceased members. A disgrace to our ancestors and not the way of the true Saginaw Ojibwe Anishinabek!

Get involved, be informed, let your voices be heard. RISE UP AND FIGHT!

I am linking here to a column from Saginaw Chippewa disenrollee William Masterson  please read and learn more.  An excerpt:

Seven generations ago my paternal and maternal grandfathers, of whom I am a direct lineal descendant, signed the 1855 treaty that was used to establish Saginaw Chippewa tribal lands, yet I was recently notified of my disenrollment. 

I ask again, how can this be? The newly elected Tribal Council can correct the deficiencies in the way in which membership is determined, but they need to hear it from the community. 

Tell them you do not want a system in which some members can be picked and chosen for membership by Council motion while others in the exact same circumstance are disenrolled. 

Tell them you do not want leaders that prefer taking the easy path rather than providing true leadership. Tell them you do not want leaders that shun their responsibilities solely based on what is good for them politically. Tell them you want leadership that addresses issues based on honest and truthful assessments of the facts before them.

Monday, May 22, 2017

Snoqualmie Tribe Purchase LIFE SAVING equipment for Kinds County Sheriff's Dept.

So proud of the Snoqualmie Tribe.  Benefitting the people..all the people with life saving devices


The Snoqualmie Tribe donated 200 defibrillators to the King County Sheriff’s Department, Snoqualmie Police Department and the Snoqualmie Tribe Police Department.

KING-TV reported (http://kng5.tv/2rHpJQ7 ) last week the donation, which cost the tribe $180,000, will allow every deputy’s car to have an electronic device.

Snoqualmie Tribal Council Member Richard Zambrano got the idea for the donation after hearing King County Sheriff John Urquhart speak on the radio about the need for every deputy’s car in King County to have a defibrillator after one deputy had a heart attack on the job.

“It’s huge. We never thought that we could get one source who was willing to spend a significant amount of money to provide these AED’s, so now almost every patrol car has an AED in their trunk, and that’s going to save lives,” Sheriff Urquhart said. “On a day to day basis we don’t really know what kind of call we’re going to get and often times, well, every day, we are dispatched with the fire department at the same time for a medical alert call and often times we get there first and if we can apply that AED right away we can save lives.”

Chief Fenton said this is just the latest in the tribe’s commitment to doing good for others.

“Everything that is occurring here with this organization and this government, they stand tall, and there’s a lot of pride that goes into that. And again, it’s not about the dollar amount it’s about what we can accomplish at the end of the day, and for this particular project it’s about saving lives,” Chief Fenton said.
Soon after, the tribal council approved the purchase.

Friday, May 19, 2017

Indian Health Service Requests ALL FUNDS be RETURNED from NOOKSACK TRIBE

IHS REFUSES to engage with NOOKSACK INDIAN Tribe as long as it's operating with a holdover council.  The TRIBE knew this was coming and they still fiddle while the tribe suffers.

Nooksack Chairman
Bob Kelly
Disgrace


Thursday, May 18, 2017

San Pasqual Tribe RESTRAINED from Making Constitution Changes in Enrollment Criteria

OH MY!   A successful VOLLEY for the Jose Juan Descendants.  A RESTRAINING order against the FAKE Indians in charge of San Pasqual, and THEN Secretary Larry Echo Hawk

..Plaintiffs have demonstrated that, at the very least, there are serious questions going to the merits.

...they have documentation establishing that their ancestors are FULL BLOOD San Pasqual Indians, which they allege the BIA arbitrarily disregarded in denying their applications

...are hereby RESTRAINED and ENJOINED from taking any action to affirm any proposed changes to the San Pasqual Band's Constitution and/or ennrollment criteria and/or procedures until the Court rules...

Monday, May 15, 2017

Bureau of Indian Affairs Pulling OKEY DOKE on FOIA Requests Says Researcher Emilio Reyes

Friend to this blog, and MANY Native Americans looking for information on their ancestry, EMILIO REYES is reporting

For over 5 years I've done extensive research on the archives of the Bureau of Indian Affairs. From the National Archives to public libraries, to online collections, to BIA Freedom of Information Act (FOIA) requests.


After discovering Non-Natives have occupied the San Pasqual reservation since 1909 and exposing historical errors to the Office of the DOI, Secretary of the Interior, the BIA has refused to be compliant under 43 CFR. The California BIA Regional FOIA coordinator, Douglas Garcia, has made almost imposible to complete any of my FOIA requests.
Emilio Reyes

From claiming fee waivers "do not" meet the required guidelines, to "forgetting" to process requests in a timely manner, to claiming such records don't exist even though I have copies of the original records, to redacting information even when death records are being provided, which will not compromise any information under the Privacy Act.

Furthermore, at least 15 FOIA appeals are sitting in the Office of the Solicitor's office unresponded.
If you've experienced a similar problem with BIA or have a concern regarding FOIA requests that have been submitted to any agency within the Department of the Interior, He'd be interested to know, you can leave your information in  the comments.  Emilio will be escalating his appeals in the court level and will be working with a local senator to request an investigation, an internal audit of BIA records, and possibly changes and/or amendments on FOIA guidelines.

Maybe the new Secretary of the Interior, will take a look at the okey doke, the shuffling of papers while claiming they can't find anything...will end.

Sunday, May 14, 2017

TRUMP Administration SQUEEZES Illegitimate Leaders of NOOKSACK TRIBE Kelly Faction Can't Represent the NOOKSACK TRIBE says JUDGE

One can only hope that justice will prevail here.

The Nooksack Tribe remains without a recognized governing body as the Trump administration continues to put the squeeze on an "illegitimate" group of leaders.

The Washington-based tribe has been denied access to an estimated $14 million in federal funds amid a long-running dispute over election and enrollment matters. And the situation will continue for the foreseeable future because a judge has dismissed a lawsuit filed by the ruling faction on the reservation.

The faction can't represent the "Nooksack Indian Tribe," Judge John C. Coughenor concluded on Thursday, because it is not recognized by the Department of the Interior. Although the agency's stance took shape during the final year of the Obama era, the new administration has dug in with a remarkably harsh view of the "unelected, unrecognized, and illegitimate" group.

"These are very rare circumstances," Coughenor observed.

Coughenor's 12-page decision rehashes the turmoil that threatens health care, housing and even judicial services on the reservation, all because a group led by Bob Kelly, the chairman of the ruling faction, is clinging to power. According to Interior, his group has has disenrolled more than 300 citizens and has refused to call elections in defiance of tribal law.
Coughenor did not rule on the merits of those claims -- indeed he cautioned that he cannot intrude on tribe's sovereign affairs. But he said Interior's refusal to recognize the Kelly faction is owed "deference" in light of the facts in the record.

As a result, both the Bureau of Indian Affairs and the Indian Health Service stand on solid ground in withholding funds from the Kelly's disputed group. And both agencies are reclaiming authority that had been previously granted to the tribe.

In mid-March, the BIA began distributing flyers in the Nooksack community, announcing that it will re-assume control of a general assistance program. Later in the month, the IHS informed Kelly that it would be taking over health care services for eligible Nooksack descendants, even those who had been removed from the rolls late last year.

The actions have given hope to The Nooksack 306, whose members are among those derided by Kelly as "non-Indians." The group supports Interior's conclusion that the tribal council ceased to be legal in March 2016.
"Both the executive and judicial branches of the United States government have now affirmed what we have literally been saying since March 24, 2016: the Kelly faction lacks any legal authority whatsoever," Michelle Roberts, a spokesperson for the group, said on Thursday. "Until they conduct a full and fair and tribal council election, they are and will remain illegitimate."
Separately, members of the Nooksack 306 are suing Kelly and his allies in federal court. They have invoked the Racketeer Influenced and Corrupt Organizations Act, a federal law that is more commonly used to break up criminal entities.

The disenrolled Nooksack citizens are also intervening in an administrative proceeding that affects the tribe's federal funding stream. In another sign of the shift at the federal level, the IHS didn't even object to their motion to join a case that Kelly brought to the Interior Board of Indian Appeals.



Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:
Gaming Revenue Blamed for Disenrollment
Disenrollment is paper Genocide
Read the ICT article on NOOKSACK here
CA Tribal Cleansing
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment




Wednesday, May 3, 2017

Nooksack Judge DODGES Lawsuit With Judicial Immunity

This is a BRIEF respite, as attorneys are filing amended complaints. From the judges decision:

Plaintiffs argue the DOI decisions are final agency actions and have the same force as clearly valid federal statutes. (Dkt. No. 59 at 2–4.) However, assuming without deciding the DOI decisions are final agency actions, the original briefing and the supplemental briefing provide no authority that discusses the judicial immunity exceptions in the context of federal agency
decisions. The Supreme Court has narrowly construed the exceptions to absolute judicial immunity. See, e.g., Stump, 435 U.S. at 357–360; Pierson v. Ray, 386 U.S. 547, 554–55 (1967);

Bradley v. Fisher, 80 U.S. 335, 347 (1872). Guided by this narrow construction and without authority that supports the analogy that final agency decisions rise to the level of clearly established case law and statutes, the Court declines to adopt this analogy.3 Therefore, Defendant
Dodge is entitled to judicial immunity because on this record and these arguments, Plaintiffs have not demonstrated that the exceptions to absolute immunity are met.

For the foregoing reasons, Defendant Dodge’s motion to dismiss (Dkt. No. 30) is GRANTED. 
However, the Court GRANTS Plaintiffs leave to amend the complaint4 becausedismissal with prejudice is “improper unless it is clear, upon de novo review, that the complaint
could not be saved by any amendment.” Krainski v. Nev. ex rel. Bd. of Regents of Nev. Sys. of
Higher Educ., 616 F.3d 963, 972 (9th Cir. 2010). If Plaintiffs choose to amend their complaint,
they must do so within 14 days. If no amendment is filed, the claims will be DISMISSED with

prejudice

Tuesday, May 2, 2017

VOA: US Government Decides Which Are, Are Not, Legitimate Native American Tribes

Cecily Hilleary continues her essays on Native America for VOICE of AMERICA.

On a sunny afternoon in May 2016, members of Virginia’s Pamunkey Indian Tribe gathered for a formal photograph celebrating a milestone after three decades of effort: Official recognition by the U.S. government.

When the English arrived in Virginia in the 1600s, the Pamunkey were one of the most powerful tribes of the Powhatan federation led by Chief Wahunsenacawh Powhatan – remembered today as the father of the Pocahontas.
His domains stretched across nearly 10,000 square kilometers; today, the Pamunkey reservation has shrunk to 485 hectares where some 80 members still live. The remaining 200 are scattered across Virginia and beyond.

Gaining federal recognition was a Herculean task, said Pamunkey Chief Robert Grey.

Monday, May 1, 2017

HOPLAND RESERVATION: Full Grown Trees Cut DOWN FOR POT FARM Expansion?

Yep, unlawful removal of mature trees, according to Hoplands Facebook page, Bet they get loads of volunteer to weed the marijuana patch.


So which is it? They're going to "take back their community" from opioids because so they can gain back their customers of their rez made pot?  What's next, cut a few more down for a Meth lab?   Better make sure that all meds are destroyed.    But hey, you can trust HOPLAND TRIBE to do what's right...uh, right

Thursday, April 27, 2017

Auntie Margretty Rabang WINS Battle in Nooksack War Against the 306

Photo:  Philip A. Dwyer


Excellent news that the court has held that Auntie Margretty Rabang's lawsuit CAN CONTINUE,

You can read the order HERE but here is a MONEY QUOTE:

Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby DENIES Plaintiffs’ motion to continue and GRANTS in part and DENIES in part

Translation:  SO CUT and dried, we don't NEED to hear no stinkin' Bob Kelly Argument.

AND this:


"[T]hese are very rare circumstances. The DOI has found such disenrollment decisions to be invalid due to a lack of quorum, and the DOI decisions stand during the interim until the DOI and BIA recognize a newly elected Tribal Council or the DOI decisions are invalidated. Under this set of facts, this Court has jurisdiction."

Read more about the issue   HERE  and HERE

#Nooksack306
#TribalDisenrollment

Are Native Americans Entitled to Civil Rights Protections? Paul Johnson, American Indian Activist Discusses What Civil Are Being Violated. Senator Harris, Senator Feinstein PAY ATTENTION to YOUR STATE

I've invited a friend, American Indian Activist Paul Johnson, to write a piece on the civil rights that we constantly talk about, but to many, they only have a vague idea what it means.   I'm going to break down his piece into at least two posts, so I'm inviting everyone to share it and anticipate the next post from Paul.  I'll add some thoughts on how these violations relate to my family's issues at Pechanga.   repost from July 2015


The recent resolution from the NNABA supporting Equal Protection and Due Process for those who have been divested of the Right of Tribal Citizenship
is shining a light on the civil and human rights violations that accompany many of the disenrollment actions happening throughout Indian Country.  So what are these civil rights to which we refer, and how are they being violated?
When we speak of the right to due process we are citing the Fifth and Fourteenth Amendments of the U.S. Constitution. Due process provides protections to those facing a proposed action, applies in civil and criminal proceedings, and has specific requirements.
Here are the requirements in a nutshell:
1.     Unbiased tribunal
2.     Notice of proposed action and the grounds on which it is based
3.     Opportunity to present a reason why the action should not occur
4.     Right to call witnesses on your behalf
5.     Right to know what evidence is brought against you