Sunday, July 25, 2021

Tribal Disenrollment vs. Federal Recognition: HUGE Disparity in Proof Needed for Recognition Vs. DeRecognition

Native America tribes looking for Federal Recognition have to jump through MANY HOOPS and show mountains of PROOF to be federally recognized.  The 35 page PDF is HERE  but here is an example of what they need below.



 Shouldn't tribes that disenroll their people have to show SOME proof that can be evaluated before US Indian affairs UNRECOGNIZES Natives?


a. Proposed Elimination of Current ‘‘Criterion (a)’’ and Requirement for External Observer as an Independent Criterion b. Proposed Criterion (a), Requiring Narrative of Pre-1900 Existence 

3. Criterion (e) (Descent) a. Requirement for 80 percent Descent b. Descent as a Race-Based Criterion c. Defining ‘‘historical’’ to be 1900 or earlier d. Evidence in Support of Descent e. Review of Descent 4. 1934 Starting Date for Evaluating Criteria (b) (Community) and (c) (Political Influence/Authority) 5. State Reservations and U.

S.-Held Land in Criteria (b) and (c) 6. Criterion (b) (Community) a. Using 30 percent as a Baseline b. Allowing Sampling for Criterion (b) c. Deletion of ‘‘Significant’’ in Criterion (b) d. Marriages/Endogamy as Evidence of Community e. Indian Schools as Evidence of Community f. Language as Evidence of Community 

g. Nomenclature as Evidence of Community h. Other Evidence of Community 7. Criterion (c) (Political Influence/ Authority) a. Bilateral Political Relationship b. ‘‘Show a continuous line of entity leaders and a means of selection or acquiescence by a majority of the entity’s members’’ c. Evidence 8. ‘‘Substantially Continuous Basis, Without Substantial Interruption’’ 

9. Criterion (f) (Unique Membership) a. Criterion (f), In General b. Deletion of previous rule’s provision prohibiting members from maintaining a ‘‘bilateral political relationship’’ with the federally recognized tribe c. Exception for Members of Petitioners Who Filed Prior to 2010 10. Criterion (g) (Termination)

 11. Splinter Groups B. Re-Petitioning C. Standard of Proof D. Third-Party Participation in the Acknowledgment Process 1. Who Receives Notice of the Receipt of the Petition 2. Deletion of Interested Party Status 3. Comment Periods E. Process—Approach 1. Letter of Intent 2. Phased Review 3. Technical Assistance 4. Providing Petitioner With Opportunities to Respond 5. Suspensions (proposed 83.31) and Withdrawals (proposed 83.30) 6. Decision-Maker 7. Automatic Final Determination 8 Prioritizing Reviews 9. Proceeding under the New or Old Version of the Regulations 10. Precedent and Other Comments F. Petitioning Process Timelines 1. Timelines—Overall 2. Timelines—Notice of Receipt of Documented Petition 3. Timelines—Petitioner Response to Comments Prior to PF 4. Timelines—Issuance of a PF 5. Timelines—Comment Period on PF 6. Timelines—Period for Petitioner’s Response to Comments on a Positive PF 7. Timelines—Petitioner Response to Comments and/or Election of Hearing 8. Timelines—Issuance of FD G. Hearings 1. Deleting the IBIA Reconsideration Process, and Adding a Hearing on the PF 2. Opportunity for Third Parties to Request a Hearing and Intervene in Hearings 3. Hearing Process Timelines 4. Scope of Record 5. Presiding Judge Over Hearings 6. Conduct of the Hearing 7. Miscellaneous Hearing Process Comments H. Previous Federal Acknowledgment I. Automatic Disclosure of Documents J. Elimination of Enrollment Limitations K. Purpose (Proposed 83.2) L. Definitions 1. ‘‘Historical’’ 2. ‘‘Indigenous’’ 3. ‘‘Tribe’’ 4. Other Definitions IV. Legislative Authority V. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act E. Takings (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation with Indian Tribes (E.O. 13175) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) 


California Truth and Healing Council Gathering More Viewers And...

 


Also, more commenters.  This is the time to keep building a presence before those in POWER, some of whom are from disenrolling tribes, like Pechanga and Dry Creek.

At the meeting this week, Pechanga Band of Luiseno Indians Chairman Mark Macarro commented

There is NO pathway for redress at this commission. People will make comments but should their comments be...document, refer to other group external to our group.   

The Pechanga leader has a point. But this commission on Truth and Healing is exactly what thousands of aggrieved Indians need. to be heard, whether non federally recognized, or those disenrolled, some without due process.

A good question to ask is WHY would the Federal government allow SOME Indians/Native Americans to be stripped of their rights WITHOUT them verifying the evidence? 

My hero, from Chukchansi, Cathy Cory, disenrolled reminds us that when speaking to the council:

Please remember...there is a very fine line between telling one's story and using language to antagonize those that may be willing and able to help find a solution to the disenrollment (and nonrecognition) issue....

Many of the members of this truth and healing council have been the subject of lateral violence and generational trauma as well, so accusations and vilifications may be detrimental to moving forward in a good way for the whole...be truthful, but stay positive


Healing truly is needed by many in our community, not just the disenrolled and unrecognized, but those engaging in the current on-going abuse as well....we are all indian people...and, we all need to be part of the solution--not more of the problem.

Wise words that I will heed, until the time comes for stronger language

Saturday, July 24, 2021

PITBULL The Cuban Descended Rapper Wants people to STAND UP AGAINST CUBAN OPPRESSION And....

WE WISHED HE WOULD Have Stood  UP AGAINST the OPPRTESSION of PECHANGA RESORT CASINO Tribe, which runs and apartheid/segregation reservation in Temecula

Pitbull Cuban American Rapper

We need to stand up, step up. But if you don't understand what's going on, then you need to wake the f— up," PITBULL  Also he said, 
This is about unity, not division. And bottom line, this is about taking action."

WE AGREE on the issue of Cuba and he hope he puts these thoughts into action by NEVER Performing at a Tribal Casino that has disenrolled their own members.  He performed at Pechanga Resort Casino July 21.     So does he REALLY care about human and civil rights?   Or is it only CUBAN civil rights?

WE wrote about Castro when he died in 2016.  We've also asked other performers NOT TO PERFORM, like Gabriel Iglesias Johnny Mathis  Jill Scott    We hope to have success, one of these day.

MEANWHILE, Pitbull, we will continue to stand with YOU against the oppressors of Cuba.

Friday, July 23, 2021

Cleveland BASEBALL Team DROPS Indian Mascotry to Become GUARDIANS

 After a decade of pressure to end the mascotry targeted  to Native Americans, the Cleveland GUARDIANS will be the new name for the Ohio baseball team




Cleveland’s Major League Baseball team is changing its name to Guardians, the franchise announced Friday, dropping the racially offensive name it has been known as for more than a century.

The name Guardians is a reference to well-known Art Deco statues located on the Lorain-Carnegie Bridge, which spans the Cuyahoga River and connects downtown Cleveland to the city’s trendy Ohio City neighborhood. Those statues are known as the “Guardians of Traffic.”

The franchise, which announced the name change in a tweet Friday morning, had long faced pressure from activists locally and nationally to ditch the name “Indians,” which critics said was racist.

The video announcing the name change did not say when it goes into effect. However, MLB.com reported that will happen for next season. The 2021 season is currently underway, with the Cleveland franchise in second place in the American League Central.

Tuesday, July 20, 2021

National Indian Gaming Association is in Las Vegas. Here are Top 10 Indian Casinos to AVOID

The NATIONAL INDIAN GAMING ASSOCIATION has TWO Directors from disenrolling Tribes.  Pechanga and Table Mountain

These Ten TRIBAL Casinos are some we chose to STAY AWAY from and NOT spend our entertainment dollars there. In NO particular order, except for Pechanga because they are MY TRIBE and they cheated MY family and dishonored MY ancestors and our progeny.

MARK MACARRO HONEST?  

There is much more detail at each of the links, please click through
PECHANGA RESORT & CASINO:  Pechanga Band of Luiseno Indians CA

In 2004, 130+ adult members and their immediate families were disenrolled from the Pechanga Band. The members were all descendants of Chief Pablo Apish, a historically significant leader of the Pechanga/Temecula people. None of the members were allowed to participate in the 2004 tribal elections as a result of their disenrollment.

Saturday, July 17, 2021

FRAYER FOR HEALING FROM DISENROLLMENT and The Abuse of our Ancestors


Creator, breath the fresh air of justice into the bodies of the many tribal leaders that have lost their way and harmed so many.

Walk closely beside us during our journey to healing and belonging that I know is possible through Your power alone. 

Creator, help relieve the anxieties that perplex us, the despair that frightens us, and end the frustration that clouds our hearts and minds. 

Help share your forgiveness in our memories and know your peace in our distress over the abuse of our elders and ancestors.

Creator, LEAD the leaders to the path of healing and justice and end the damage caused by greedy hearts.

California Truth and Healing Council, THERE IS A PATH FORWARD To HEALINBG from Disenrollment Read HOW

 



We can point out numerous stories about the traumas and abuses of tribal disenrollment, but here are two stories of HEALING.

ENTERPRISE RANCHERIA

In November 2003, the Enterprise Rancheria booted 70 tribal members who questioned the way the tribal council spent a human services fund, according to Robert Edwards, a disenrolled member. Later two more tribal members were disenrolled.

Saturday, July 10, 2021

Gavin Newsom's Truth and Healing Council Takes Comments on Disenrollment TELL YOUR STORY


The Native American Truth and Healing Council includes the leader of an apartheid/segregationist tribe, Mark Macarro.  We've written many posts on Mark and the council invited comment on their agenda items including disenrollment to 

info@catruthandhealing.com

I asked on of my friends who also suffered under a despicable ruler, Robert Smith of Pala Band of Mission Indians to help draft a letter to them. YOU can copy, paste and make any adjustments to your situation SO THEY CAN NEVER SAY:  "We didn't know" as I did at the end of the letter. 
My name is Rick Cuevas and I was disenrolled from the Pechanga Band of Luiseno Indians under the leadership of YOUR council member Mark Macarro.

Thank you for allowing comment on your agenda item of disenrollment in your June 18th meeting. A disenrolled member of the Pala Band of Luiseno Indians has put together some thoughts on the comments at this meeting. I have added links for convenience

At a recent meeting of the California Peace and Healing Council the subject of disenrollment was on the agenda for about 3 minutes. Sitting on the Council as a voting member was Mark Macarro, Chairman of the Pechanga Band of Luiseno Mission Indians, and the force behind the disenrollment of the descendants of Paulina Hunter (after the disenrollment of Manuela Miranda descendants). Chairman Macarro used disenrollment to reduce tribal membership, increase per capita share among enrolled members, eliminate political opposition within the tribe, and as a demonstration of power.

Commenter Cathy Cory of the Chukchansi Band spoke out against disenrollment as an act to negate Indian people and cited previous California policy that acted to negate tribal people. Her assertion is simple. It was wrong for California to negate and terminate tribal people then and it is wrong now. Since those times, the policy of state and federal government has shifted to promote tribal self-determination, but this shift only placed the power of termination in the hands of tribal leaders. These leaders have adopted a twisted rationalization that blames previous government actions for including members that do not belong, and now they claim they must terminate their own people through disenrollment.

Disenrollment and termination have exactly the same effect. They both destroy Indians. Termination through government action was historically at the tribal level, and disenrollment is at the individual level, but the end result of both is the negation of tribal identity, community, heritage, and access to government programs and services.

 The state recognizes the harm inflicted by policies of negation and termination. The goal of the Peace and Healing Council is to mend the relationship between the state and the victims of these policies, and the matter of disenrollment should be a strong focus. Unfortunately the state has continued its policy of negation by playing hands off with tribes that disenroll. There was one response from the Council members; it came from Carmen Lucas and was non-committal. There was no resulting action, no promise to address the issue, not even the whisper of a desire to work towards peace and healing.

So what does the Peace and Healing Council do? If tribal genocide doesn’t get a rise out of them, then they are not working to promote the intent of the Council and the state is wasting its time and money. 

Cuevas:  I have a website on tribal disenrollment Original PEchanga Blog which has over 3700 posts during the past 14 years.  I have convenient links to California disenrollment stories on the left side bar. As you get further into the tribal disenrollment issues, these links provide good research opportunities.

A last question, should Mark Macarro have a VOTE on any disenrollment issue, or should he be recused.


Rick Cuevas
Original Pechanga blog

Voting member Macarro should be recused from any disenrollment vote.

 

Thursday, July 8, 2021

CORONA Honors Shiisonga Tongva Nation of Corona

 Earliet this week, we pointed out how one faction of Tongva people get little respect from the Feds, the state and the courts.  And here we get news from our Corona friends that another faction of  Tongva People are honored by the City of Corona this week.




Congratulations to another real Tongva People.  

Wednesday, July 7, 2021

Kizh Nation Suffers Another INDIGNITY To Their Tribal Recognition and Sovereignty

 


We've written about the Gabrieleno Band of Mission Indians, Kizh Nation numerous times trying to help get their issues out in public.  They are not federally recognized and claim to be the TRUE Gabrieleno descendants.

We wrote on their battle with both the United States Navy and the Pechanga Band of Luiseno Indians who took charge of their ancestors remains.

They couldn't even have representation when JUDY CHU dedicated a monument on their ancestral lands.

NO RESPECT AT ALL, and now, another indignity in a court case saying the Kizh Nation did not prove they sovereign rights?

The court docket shows this fact.

Here, the FAC alleges that KNRM “is a California, domestic stock corporation known as one of eleven non-federally tribal factions that claims Gabrieleno, Native American status.”

(FAC, ¶ 4.) Thus, the court finds that the question of sovereign immunity involves issues of proof that cannot be decided in this demurrer. Defendant (KN MR) points to the California Department of Industrial Relations’ order of dismissal in another matter, where it found that sovereign immunity applied to KNRM. (RJN, Exh. 2.)  OP:
the KNRM HAD SUBMITTED a document where they alleged tribal immunity. However, the Court did not believed they met their burden in showing tribal under federal law.  

 However, while the court can take judicial notice the official acts of a government agency, the court cannot take judicial notice of the truth of the matters asserted therein

It's difficult to get all a federally recognized tribe gets in our courts and our Congresses, both state and federal.   The Juaneno know this.  It's time for the factions to get together and settle these issues.


Tuesday, July 6, 2021

NCAI Stands Up for DOZENS of Trans Genders, IGNORES 926 DOZEN Living Disenrolled

 

Read it and Weep
Disenrolled are ignored again


WE KNOW that there are over 925 Dozen )(11,000) living disenrolled.  Wonder how many native trans genders there are?  One Hundred?   
They DO NEED support in health issues, but then so does a population that may be 1,000 times larger.

You can support BOTH NCAI.

We have the link here to the NCAI's resolutions for this meeting.  

It is sadly predictable that they again choose MONE over MORALITY, again.   We've written time an again, see the links below.

NCAI called out by Dr. David Wilkins in 2013
NCAI went after NBA bigotry, ignored Cherokee racism in 2014
NCAI ignored disenrollment in 2015
NCAI ignored disenrollment at their Marketplace event in 2017
NCAI ignored disenrollment in 2018
NCAI IGNORES 10,000 NATIVES Culturally Homeless via Disenrollment 2019

Juaneno Tribe Get Long Awaited Park in San Juan Capistrano

 


For many years, the descendants of the original people of what is now Orange County have fought for a sliver of land dedicated to their history and traditions.

Tribal leaders have said that the park could be an important tool for educating the public and a vital gathering place for tribal members, where they could perform important ancient rituals. Some tribal members have been waiting for a piece of dedicated land like the park for decades.

After several delays, the Putuidem Village in San Juan Capistrano is expected to be completed by mid-August. The humble 1.5-acre passive park will include an amphitheater with boulders and log seats, a trail and depictions of the Juaneño way of life, including ramadas, kiichas (a thatch home) and manos (a ground stone tool). The surrounding areas of the park have native plant habitat.

“We just don’t want to be forgotten,” said Adelia Sandoval, spiritual leader of the Juaneño Band of Mission Indians. “It was a viable, beautiful thing that was going on here. The people living here, they kept everything in balance.”

The sacred sites and lands of the Acjachemen descendants, whose history traces thousands of years, have been plundered, desecrated and devoured by development. They became known as the Juaneños after Spanish colonialists built Mission San Juan Capistrano in 1776. Today, there are about 1,900 tribal members.

The Putuidem Village was seen as a long-sought tribal victory when the San Juan Capistrano City Council first approved the educational park in 2016. The Northwest Open Space, a 65-acre natural area near the 5 Freeway where the park is being built, is considered one of the first Native American settlements in what became Orange County.

But in ensuing years, the city delayed the project, and tribal leadership questioned whether it would ever be completed.

READ THE REST OF THE STORY

Sunday, July 4, 2021

Original Pechanga Blog Wishes ALL A HAPPY Independence DAY.

Celebrating BREXIT 1776

245 years ago, some of our greatest patriots created a document that has stood the test of time. it wasn't perfect

Ben Franklin 1787:   Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as of the wisdom and integrity of its Governors.

Independence Day 2021 marks the 17th year of termination for the Pablo Apish descendents from the Manuela Miranda family and the 15th year for the family of Original Pechanga Allottee Paulina Hunter, who Pechanga's expert proved was indeed Pechanga Indian. It's been  two decades for Moratorium people like the Tosobol descendants and even Mark Macarro's own cousins.

We will continue to fight for our rights as Pechanga people and continue to work for the rights of all disenfranchised Native Americans. America's independence was not won overnight and this struggle of ours, can't be won overnight either.

We must continue to educate our politicians and our local citizenry at every opportunity. We've had some successes and success breeds success. We need more friends and family to get involved and help keep the volume of the injustices perpetrated on Indian people...BY Indian people, mainly the corrupt tribal councils that proceed in stripping civil and human rights from Indian people across our country. 

Please HELP us.

By passing this blog along to your friends, by visiting here often and by sharing the link http://originalpechanga.com/ on your Facebook and Twitter pages and GOOGLE + each post.

You can help us be more visible and increased visibility is one way for us to combat the excessive amounts of money that gaming tribes have.  Robinson Rancheria has welcomed their people home, following the lead of the Enterprise Rancheria.  Keep the SPOTLIGHT shining on the corruption

We'd like to wish all readers across the country a  .
Happy 4th of July 2021!

Friday, July 2, 2021

Silence on Tribal Disenrollment by Advocacy Groups NARF, NCAI, NIGA and Interior Dept FAVOR THE OPPRESSORS

Neutrality helps the oppressor, never the victim Silence encourages the tormentor never the tormented
Eile Wiesel


Interesting how quickly the NCAI came out against the decision by the Dept. of Interior on the Mashpee Wampanoag people. Days, yet for over a DECADE, they've been completely SILENT on the abuses, the oppreession, the torment BY TRIBES on the disenrollment issue in fact MISSING IN ACTION.  

NARF, NCAI and NIGA

Professor David Wilkins, who has written extensively on disenrollment, calls out Native American organizations that we've written about who've buried their heads in the sand to avoid the topic of Indians abused by their own tribes.


Open letter to the leaders of the National Congress of American Indians (NCAI), Native American Rights Fund (NARF), and National Indian Gaming Association (NIGA):
Dear Native Leaders,
Each of your organizations, founded at critical moments in native history–NCAI in 1944, NARF in 1970, and NIGA in 1985– have and continue to play vital roles in the political, legal, and economic development of Native nations. I write you all now to request that you continue to remain vital and relevant by taking an unequivocal stand against spurious disenrollment practices that destroy the human and civil rights of individual native citizens and threaten the sovereign powers of all Native nations.
NCAI is the largest (over 250 member nations) and one of the oldest interest groups representing indigenous peoples. The organization was born during the turbulent period when the federal government was aggressively moving to politically and legally terminate over 100 tribal nations. NCAI fought against giving state governments’ greater jurisdiction over tribal peoples and their resources, and fought against relocation policies that compelled thousands of tribal citizens off their homelands and into major urban areas.