Monday, September 13, 2010

Temecula Indians in Washinton DC to oppose Pechanga Water Rights Settlement Acts

A group of Temecula Indians and allottees is currently in Washington DC and we will begin making rounds tomorrow in opposition the the numerous proposed Pechanga Water Rights Settlement Acts.

We have been made aware that ther will be a hearing on the two (2) House bills- HR 4285 and HR 2956- on Thursday in front of the Subcommittee on Water and Power. Please read the attached letter in opposition to the proposed bills. It is important to get as many of these letters submitted to the Subcommittee prior to Thursday's hearing.

Please send them via fax to the following numbers (202)225-1931; (202)226-6953; (202)225-5929.

However, it may be easier to email your letter, once you have added your contact information at the end, to the following email addresses:

Chairwoman Napolitano Via email and/or fax
House Sub-Committee on Water and Power
1324 Longworth House Office Building
Washington, DC 20515

Re: Opposition to HR 4285 and HR 5413
Honorable Chairwoman Napolitano and Committee Members:
I am a registered voter, and I submit this letter in opposition to HR 4285 and HR 5413 the Pechanga Band of Luiseno Mission Indians Water Rights Settlement Acts (“Acts“).
In their current forms, both HR 4285 and HR 5413 fail to protect the property interests and water rights of hundreds of Temecula Indians and allottees.

Over the past six (6) plus years, Pechanga officials have disenrolled over 400 previously recognized tribal members. Additionally, hundreds more have been denied membership in the tribe under an illegal moratorium enacted to limit the number of people who benefit from the tribe’s economic development ventures.

Those who have been disenrolled and denied membership include many allottees that would be adversely affected by the Acts as they provide that the very officials who have stripped or denied the allottees of rights set forth in tribal and federal law shall be responsible for satisfying the very same allottees’ entitlement to water.

Additionally, the Acts fails to provide adequate protections for allottees against future abuses by Pechanga tribal officials in the settlement and allocation of their rights under the Acts. Stronger safeguards and greater penalties are needed to deter tribal officials from once again taking or denying ownership rights vested in allottees and others who may have rights under the settlement agreement and the Acts.

I also oppose the Acts as they fail to provide and protect the rights of the Temecula band or village of Indians, and their descendants. The Reservation was set aside by Executive Orders dated June 27, 1882 and August 29, 1893, for the use and benefit of the Temecula Indians.

Whereas the Acts reference the dates of the Executive Orders listed above as “priority dates” defining and determining the characteristics of the water rights, representative of the Temecula Band of Indians would be the appropriate parties to participate in the water rights settlement talks and the drafting of the Acts.

In fact, inclusion of separate representation of Temecula Indian interests would be consistent with decisions made by Pechanga tribal officials over the past six years where said officials have determined that Temecula Indians and Pechanga Indians are different people.

In spite of claims made by Pechanga tribal officials to represent the Temecula Indians and all allottees, this is not the first time that tribal officials may have misinformed Congress as to their true intent or motive.

In regards to a requested Congressional action to protect tribal fee lands and transfer said lands into trust, Pechanga Chairman Macarro testified to the House Committee on Natural Resources on April 17, 2002 that:

“The sole purpose of the (land) acquisition is the preservation and protection of the Luiseno people’s natural and cultural resources.”

And, when specifically asked if the Pechanga Tribe had “any plans for development of any kind on the Great Oak Ranch property”, Chairman Macarro’s response was as follows:

“No, we don’t. As stated in our application (to transfer to trust) … there is no (planned) change in use in the property,...”

Chairman Macarro was then asked if the Pechanga tribe planned to use the Great Oak Ranch for gaming purposes or any other purposes other than what he had just outlined. His response was, “No, the tribe does not”.

However, since the transfer of the Great Oak Ranch into trust, the Ranch has been turned into a staging area for on-going construction projects both on the Ranch and associated with the casino complex. The character of the Ranch has been drastically altered and in no way reflects the “no change in use” testified to and used by Pechanga tribal officials in lobbying Congress and federal agencies for its protection and transfer to trust.

Finally, absent an actual settlement agreement and resolution of the issues listed above, I believe it is premature to move forward with the Acts. There is too much uncertainty as to who has standing to represent hundreds of Temecula Indians and allottees who will be affected by the Acts and the settlement agreement.

Due to the Acts’ failures to adequately protect the rights of hundreds of allottees and Temecula Indians, and the other concerns/issues stated above, I re-state my opposition to HR 4285 and HR 5413 and respectfully request that you oppose the Acts until such time as the Acts are amended to protect the interests of all allottees and descendants of the Temecula Band or village for whom the reservation was set aside.

Thank you for your time and consideration.

Respectfully submitted,


Anonymous said...

what does this mean for allottees like my mother, Alberta, a non member of pechanga?

Anonymous said...

The DNC have hit this site and checked out the blog. have you sent your email yet? Allottees have water rights and the current Pechanga council can't be trusted with this settlement.

Anonymous said...

Mark Macarro is a big fat lier. He and his brother have sheltered the corrupt people of the CPP (concerned pechanga people). The concept that the Temecula Indians and allotted members do not meet the membership requirments is rediculous. Congress needs to address several issues that have arised. Water rights is an important issue and we applaud the Temecula Indians and allottees who are sheding a light on this action.

Anonymous said...

Even the Executive office of the President of the United States has visited this blog today.

Carol Golburg supports the termination of Alotted Indians.

'aamokat said...

"However, since the transfer of the Great Oak Ranch into trust, the Ranch has been turned into a staging area for on-going construction projects both on the Ranch and associated with the casino complex."

I wrote my own letter and I was more specific on what one of the projects was on the Great Oak Ranch property:

Pechanga chairman Mark Macarro testified to a United States congressional committee that the tribe wanted land put into trust known as the Great Oak Ranch to make it part of the reservation.

Below is a link to the congressional record from the resources committee dated April 17, 2002 and the testimony is Macarro telling the committee that the tribe was not going to do any changes of any kind on the property and that it was also stated in the tribe’s application for land transfer with the Department of Interior.

Mr. Hayworth. "Thank you Mr. Avery.

Chairman Macarro, does the Pechanga tribe have any plans for development of any kind on the Great Oak Ranch property?"

Mr. Macarro. "No, we don’t. As stated in our application to Interior/BIA, we stated or have designated there is no change of use in the property, and the intended use and purpose is to preserve and protect the resources that are there."

Mr Hayworth. "Without objection, we would welcome that.
Just one follow-up, and for our purposes of the record, Mr. Chairman, does the tribe plan to use the Great Oak Ranch for gaming purposes or any purposes other than what you just outlined?"

Mr Macarro. "No, the tribe does not.”

But once the tribe got the land they used a large portion of the land for their new state of the art golf course which is where their new Journey at Pechanga golf course now sits.

Needless to say, the Pechanga tribe changed a portion of our ancestral Temecula Indian land without our consent.

So if you want to add this if you are writing your own letter, feel free to copy the above passage.

"Carol Golburg supports the termination of Alotted Indians"

UCLA law professor Carol Goldberg also fully supports what the tribes have done to individual Indians regarding disenrollments, banishments, and moratorium as to her sovereignty trumps the rights of individuals every time.

Anonymous said...

"what does this mean for allottees like my mother, Alberta, a non member of pechanga?"

If these things pass as they are, she and other allottees would be at the mercy of any decisions the Pechanga government makes regarding her water rights.

These bills would wave her right to sue the federal government for recourse regarding any unfair treatment in favor of exahausting all internal remedies within the tribe as they would have all jurisdiction.

So Pechanga could conceivingly cheat her and if she complained to the feds they would say they have no jurisdiction to help her, sound familar?

We have to make sure that any language in the bills that gives sole authority to Pechanga regarding our water rights is taken out of the bills or they need to be defeated.

Anonymous said...

So when exactly did the Reservation set aside for the benefit of the Temecula Indians become the pechanga reservation???
To the best of my knowledge the Temecula Indians are still the recognized group. Not the so called pechanga group.

The tribal constitution said the Temecula Band of Indians sometimes referred to as pechanga.

Does anyone have an answer???

'aamokat said...

"So when exactly did the Reservation set aside for the benefit of the Temecula Indians become the pechanga reservation???"

It is my understanding that it has always been called the Pechanga reservation but that is just a name of a place.

That the Pechanga reservation was set aside by executive order for the Temecula tribe or village of Indians in 1882 by President Chester Arthur.

"the tribal constitution said the Temecula Band of Indians sometimes referred to as pechanga."

You are correct the tribe, in the official tribal seal that is on the tribe's flag and ironically at the entrance to the tribe's casino, the introduction to the Band's constitution and bylaws, and on the cover page of the Band's constitution and bylaws calls the tribe the Temecula Band and in the introduction it says, "sometimes referred as the Pechanga Band.

My disenrollment papers says I was disenrolled from the Pechanga Band so I guess I was never disenrolled from the Temecula Band.

'aamokat said...

By the way, the information that I posted about the Great Oak Ranch is not my whole letter. I just wanted to point out a specific example of what they did to the Great Oak Ranch property so if you want to use this info, add it on to your own letter if you are writing your own.

To the White House people, congress or senate staff, etc, if you read this post, realize that we are dealing with some dishonest people among the Pechanga leadership and that the tribe got rid of a lot of the honest people.

To the honest people still in the tribe, and that is a lot of you, sorry but we have to do what we have to do as you aren't going to do it for us as how many of you have stood up to the tribal government over what they did to us? I would say not many.

Anonymous said...

Who's carol golburg think she is?

Anonymous said...

The office of the President of the United States of America checked the blog twice. That means this blog has what they are looking for.

Congrats to OP and those who support keeping the lights on Pechanga.

Anonymous said...

Yes that is impressive I saw the proof that the hit on this site and on a few articles!

This stuff is getting big!

Anonymous said...

The Executive Office of the President (EOP) consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff.

Anonymous said...

It's 2010 people, are we really terminating the last of the "Real" natives that still exist. Washington you have the chance to right some of the wrongs that have been afflicted onto these people.

injunjoe said...


Anonymous said...


Simple corruption. The Splinter group of the late 1970's and early 1980's recoiled and spent 20yrs or so poisening the thoughts of some good Pechanga people. They renamed themselves the CPP (concerned Pechanga people). Add the fact of the casino and wham corruption erupted. This same fact is happening at reservations all over the country. These corrupt people are hiding behind soveirgnty. All our ancestors wanted is to be left alone, but the greed and corruption has eroded what we have fought so long for.

Allotted Indians should have more protections from rogue factions, and true people understand this. Skelotens will be revealed.

Congress is taking this issue seriously. Hearings would be the fair thing to do.

Anonymous said...

Congress and Mr. President,

Mr. Macarro current chairman of the Pechanga Band has lied to you during direct hearings in the past. He is Lieing and continues to lie. Hold him and his currupt council liable for these actions. Bring Justice to this injustice.

Anonymous said...

This address is to a page on the Pechanga water rights bill AND it has a place to VOTE yes or NO.

Anonymous said...

We are going to take your water. You know that's coming.

creeper said...

Anonymus above....
ever heard of the boomerang effect,
be prepared for that, keep on talking makes us stronger.
Have a nice day.

'aamokat said...

There two companion bills one in the senate and a second one in the House of Reps that need to be defeated as well.

Paste the following links and voice your opinion and vote against them as well.

Anonymous said...

CREEPER I agree I belive in the boomerang effect.
I just hope that it hits them in the ass and wakes them up commits like these show you what we are up against not much of a thinker. you could not take a bowl of shit if it were given to you

'aamokat said...

"I hearby certify that the following schedule of allotments (4 sheets) made by me to the Indians residing on the reservation of the Temecula band or village of Indians in California, is correct; that each of the persons therein named is entitled to the land alloted him; and that the same were selected in accordance with the provisions of the Act of Congress approved January 12, 1891 (26 State.712)and the instructions of the Commissioner of Indian Affairs, approved by the Secretary of Interior February 3, 1893.

(signed) John F. Carren, U.S. Special Agent.

Dated at Temecula, Calif.

Sept. 8, 1893

The allotments to the Indians residing on the Temecula Indian Reservation in the State of California as described in the above recommendation of the Commissioner of Indian Affairs are hereby approved, and the Commissioner of the General Land Office."

Above is from the official allotment record so water rights are for all Temeculas not just Pechanga tribal members.

Notice that Pechanga isn't mentioned anywhere so their sovereignty doesn't have anything to do with water rights as this isn't a membership issue.

The reservation was set aside for the Temecula Band or Village of Indians not Pechanga.

Anonymous said...



Anonymous said...

What is the status on this? Can you get this letter to the general population of Temecula if it isn't too late? I bet you could get the entire Temecula community to send this letter in since the majority are against Pechanga right now!