After Sens. Feinstein and Boxer Inaction, Pechanga Tribe Issues Punitive Increase in Water Rates for Non Tribal Reservation Residents: Convicted Felon Gets His Way

For four years Pechanga has been trying to steal water from allottees on the reservation, who are no longer tribal members after an unconstitutional disenrollment.

 Twice, the tribe has been defeated in the halls of Congress. They've been working on payback.

 We met with the legislative assistants for both Senator Dianne Feinstein and Senator Barbara Boxer. The wife of Pechanga Chairman Mark Macarro, high powered lobbyist and short list for Hillary Clinton's Native American aide, Holly Cook Macarro, wrote the last bill that tried to get the definition of allottee changed. Holly tried to get tribal members as the basis for allottee, meaning, those that were ACTUALLY ALLOTTED land and water rights, would lose out. Even the senator's people had the decency to be embarrassed.

 That bill did not go through. Meaning Pechanga paid Holly Macarro and her community property state living husband anyway.

 Now we have a letter from the Pechanga Water Systems, which was pushed by convicted felon Raymond Basquez Jr. to increase the rates of non-members, while the rich tribal members will pay NOTHING for their water.
This is a blatant attempt to force families to sell. $75 might not seem like much, but when you have an EQUAL right to any water on the reservation, in fact, MORE right than any member NOT allotted land, it's punitive.  And a 65% increase is exorbitant.  We told the Senators that this would happen.

Pechanga Water Bill Rate Rise for Non Tribal Residents

NORTH FORK RANCHERIA SUES CALIFORNIA FOR JERRY BROWNS FAILURE TO NEGOTIATE

 The North Fork Rancheria of Mono Indians sued California for the right to build a casino nearly 40 miles away from its reservation, though voters rejected the tribe's deal with the governor in last year's election.

     The North Fork Rancheria is in the mountains near Yosemite. The proposed casino - expected to have 2,000 slot machines and 40 gaming tables - would be north of Madera, on land placed into trust for the tribe's project by the federal government.

     Although the Indian Gaming Regulatory Act (IGRA) typically frowns on casinos far from tribal land, an exception is possible if the Secretary of the Interior finds that the resort is in the best interest of the tribe and is not detrimental to the surrounding community.

     The Department of the Interior issued its environmental review for the North Fork casino in 2009 and made its official recommendation in 2011.
     The next year, Gov. Jerry Brown signed off on federal permission for the tribe to build the casino, and the Legislature ratified a tribal-state gaming compact with North Fork in 2013.

     Opponents of the project - which include other Central Valley Indian casinos - gathered enough signatures to force a referendum on the November 2014 ballot. Proposition 48 asked voters whether to uphold the gaming compact between the North Fork tribe and the state, as well as one reached between the state and the Wiyot Tribe.

Determination and Persistence Pay Off: Cherokee Native Child CAN WEAR EAGLE FEATHER to his Graduation NEVER GIVE UP

Our friend John Cornsilk relayed this story about a Cherokee Nation mother who needed support in her quest to get an eagle feather for her son's graduation from high school.  With a long wait list, she was put into contact with Cherokee Nation reseacher David Cornsilk.   David has worked in many capacities for his tribe and is also an activist who supported the Cherokee Freedmen in their recent court victories after a long struggle.

This is a story about persistence, about education of non natives and it shows that that persistence and dedication to the struggle can pay off.  It's something that all Native people who are struggling with injustice, even from their own tribe, should NEVER GIVE UP.   Please read the story in her own words:

 "Osiyo & osdasvhiyei. My name is Teresa Sequichie and I am a member of the Cherokee Nation, as is my 17 y/o son.

After leaving Tahlequah we headed to a suburb right outside of Houston. My son is the only Native student in his entire school district. It's mostly white. My son is in the 11th grade. I wanted him to have an eagle feather for graduating, but the waiting list was almost 5 years long.

We were blessed enough to be put on the same path as David Cornsilk. He honored my boy with one of his own personal feathers! We had it blessed and beaded and came on back to TX.

In the meantime I spoke to my son's high school principal who told me no way, and backed that up by showing me the student handbook that I'd signed stating "no adornment on the graduation cap or gown".

I went back to the only person that seemed to care... David. He composed a letter to the school explaining the significance of the eagle feather in the Cherokee culture. I felt empowered & with my letter in hand I went above his head and went to the superintendent of the district. I was immediately discouraged when the 1st thing he said was, " we've never ran into this kind of problem before".

He called David & asked a ton of ?'s. Then he wanted to see the exact feather. I told him I couldn't let him hold the feather but I could send him pictures. For weeks he went back & forth asking ?'s and trying to make a "deal" with me. Finally he made the decision-our request was denied. But he offered that he would allow him to wear the feather underneath his robe!!

Again I'm running back to David. At this point I'm not sure what I'm expecting from him, as he'd already done so much, but he would encourage me to keep fighting and not to take no for an answer.
And he let me know that it was my place to educate them & make them understand our ways.

So feeling newly inspired I walked right into the middle of the district school board meeting! They let me speak for exactly 45 seconds. I tried my best to squeeze my most important facts into that minute and a half but they acted like I wanted my son to ride in on a mountain lion or something.

They took a private vote and informed me for a THIRD time the answer was no to him wearing his eagle feather. We were devastated. We went back to Tahlequah for a week and today the principal sent this letter home with my son stating that after extensive research by their legal dept they've decided to approve the "regalia"

I thank you more than you know, David Cornsilk. You inspired me and you will never be forgotten for everything you've done for my family. You truly went above and beyond!!! Wado a thousand times!!

And thank you for caring about our Native youth."

Questions For Pechanga Chairman Mark Macarro - PART ONE

I've asked members of families terminated from Pechanga or those being kept out to ask some questions of Pechanga Chairman Mark Macarro.   We know Pechanga read the blog, we'd appreciate ANSWERS.

Why are you practicing Apartheid on your reservation, with the threat of banishment for using a restroom or water fountain?  Isn't that outside your Democratic Party principles?

Did you make a deal with the FBI to not prosecute former tribal chairwoman Jenny Miranda and her son for stealing slot machines from the tribe?  If so, WHY would you do that?

How much to YOU get from your wife's lobbying firm that the tribe pays $250,000 per year?  What has her firm accomplished to deserve that payment?

Antonio Ashman, Pechanga's vaunted elder, in more than one document, acknowledged the Paulina Hunter family as Pechanga as well as at least 5 other tribal elders. Why Mr. Macarro do you continue assert that the enrollment committee was correct in stripping Hunter descendants' membership rights?

Why did the tribe hire an outside expert to research the Hunter family history and then ignore his findings that the evidence shows the Hunter family are true Pechanga people?

If Pechanga honors their elders, why then weren't elders  Ashman, Tortuga, and Rodriguez , who KNEW Paulina Hunter as Pechanga, when she was alive, believed?  Why sir, would you take the word of a convicted child molestor, over the words of people who knew here?   

Why did the tribe disenroll them even though disenrollment wasn't even a part of tribal law at the time of their disenrollment and why didn't his tribal council obey the will of the people that everyone as of the date that the law passed would remain tribal members?

Gabrieleno Tribe Fires Salvo At Navy's Wrongful Transfer of Remains

The Andrew Salas led Gabrieleno Band of Mission Indians has fired off a letter to Ray Mabus, Secretary of the Navy, expressing concern about the Navy giving  the remains of 469 ancestors, resting on San Nicolas Island to the Pechanga Band of Luiseno Indians. We wrote about it here   and HERE 

There are numerous factions of Gabrieleno and Gabrieleno Tongva tribes.  Our understanding is that there will be cooperation on this matter.   Please help add your voice by sharing this post to your emails, Facebook and Twitter.  Don't let Pechanga get away with usurping the Gabrielenos ancestors

Demand That Navy Give Gabrieleno Tribe Their Ancestor's Remains

For twitter addresses:  @usindianaffairs  @indiancommittee

You Want PROOF the Trask Family of San Pasqual Doesn't Belong?

Well, of course there is oral history, but some tribes are so well documented that it could fill a binder, or two, or in the case of San Pasqual and the Trask family SEVENTEEN BINDERS!

17 Binders of Proof, with MORE to come. Can San Pasqual HANDLE the TRUTH?

Yes, tons of documentation, that will be presented.  Can the BIA ignore the evidence?  Which statute will they hide behind?  How far will they stick their heads in the sand?

Read more on San Pasqual:


San Pasqual Lawsuit
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA

Gabrielenos FIGHT BACK on Pechanga Tribe's Takeover of Ancestor's Remains; San Nicolas Island Dispute UPDATE

We reported earlier on the Pechanga Band of Luiseno Indians Indians and it's chairman Mark Macarro's usurpation of the ancestral homelands of the Gabrieleno people.

This disgraceful action is not going unanswered by the Gabrieleno people.  See that story: Pechanga Has NO Cultural Affiliation to San Nicolas Island

Chairman Andrew Salas, of the Kizh Nation Gabrieleno Band has forwarded me some documents that they will be providing the U.S. Navy, which should help them recover the remains of their people.


At this link, are the historical boundaries of the Chumash and Gabrieleno people. There is NO EVIDENCE of Luiseno or Pechanga in this historical record.  The report is detailed archaeology and deserves more weight than any oral history of the current Pechanga "elders" some who have NO blood of Pechanga.

Channel Island Language Groups
NO Pechanga

Here is from a comment on the previous article:   The Luiseno have an intact oral history that describes their territory within Southern California, I got one tend to believe and side with tribal knowledge and cultural understandings of history that is handed down generationaly, not the non-Indian Western derived ideologies that forced Indigenous people into the social ills that plagued a lot of tribal communities. Stop mixing hatred, ideology, and your own agenda to promote an erasure of the truth or at the least frustrating the situation. Pamela Munroe knows what she is doing, I am thinking so do the Luiseno and the Pechanga Band.

My response to this bullshit above is that the current leaders of Pechanga make up their history.  They have been PROVEN to IGNORE both written and oral history in the Paulina Hunter matter.  Therefore, they are ill equipped to provide historical analysis on territory so far outside their own.

We will continue to report on this issue and expect to hear more from the Kizh, and the Navy, as the theft of ancestry of the Nicolenos cannot stand.

UPDATE:   Have already heard back from Victor Rocha, Chairman Mark Macarro's first cousin, who runs a Native news site, after including him with news organizations: 

From: Victor Rocha
To: me
Today at 11:29 AM

Lose my email address.

UPDATE 2:  Gabrieleno-Tongva leader says:  We will be uniting with other bands to fight this together, just like we did with AB 52.

Chukchansi's Ousted Council Member SUES Sally Jewell, Interior and BIA's Amy Dutschke and TROY BURDICK

No wonder the BIA refuses to do their jobs.  One of the few times they do the right thing and they get sued right?  Had they done something earlier and with other tribes, there wouldn't be so many issues.  Interior and BIA are pouring gasoline on the fires they should be putting out.

Patrick Hammond, ousted Chukchansi Tribal Council members has filed suit against Interior Secretary Sally Jewell.    Funny to see that he's concerned about ETHICS.  Wonder if someone had to explain what that was?

As our friend Cathy Cory said:  

This argument, taken from the complaint, actually could refer as well to ALL of the DISENROLLMENTS undertaken at p\Picayune by EVERY TRIBAL COUNCIL SINCE 2006:

All of defendants' actions, as stated above, are (1) arbitrary, capricious, abuse of
discretion, and otherwise not in accordance with law; (2) in excess of statutory jurisdiction,

authority, or limitation, or short of statutory right; (3) without observance of procedure required by

law, within the meaning of 5 US.C. §706(A), (C) and (D); and the Decision is not supported by any evidence in the record and should be vacated by this Court.

Here are some of the facts of his case:

7. Picayune Rancheria of Chukchansi Indians Indians ("Tribe") is a federally recognized Indian tribe organized under the provisions of a written constitution ("Constitution"), which has been approved by the voting members of the Tribe.

FREEDMEN UPDATE: Meetings and Protest Announcements Please Share

Descendants of Freedmen Association and their supports will host their next meeting on Saturday March 14 2015 at First Missionary Baptist Church 429 Denison Street, Muskogee Oklahoma beginning at one pm. The meeting is free and open to the general public. Please bring a covered dish to share with other meeting attendants. Candidates for both tribal and non tribal political office will be recognized. Candidates of both tribal and non tribal elections will be recognized at the meeting. 

Seminole Freedmen tribal members will sponsor a demonstration on Friday March 13th 2015

outside the Federal Courthouse Building 200 NW 4th Street, Oklahoma City, Okla beginning at one pm. The demonstration is to protest the Bureau of Indian Affairs (BIA) not enforcing treaty rights of Seminole Freedmen tribal members to receive Indian Health Services . For more information on the demonstration please contact Seminole Nation Ceasar Bruner Band Council Member Mrs Leeta Osborne Sampson at Losbornesampson@gmail.com 



CLICK here for FULL FREEDMEN UPDATE

Search Terms for Smithsonian Visit: Corrupt Pechanga Chairman Mark Macarro

Wow, I guess the word is spreading!  While checking my Sitemeter, was glad to see the Smithsonian visit.   I was surprised to see that they came looking using the search terms

Corrupt Pechanga Chairman Mark Macarro

I've added a screen capture here, and you can see which was the page they came looking for:

http://www.originalpechanga.com/2015/01/corrupt-pechanga-chairman-mark-macarro.html

Good to know that we are not alone in seeing that..

Tribal Casino Crimewatch: PASKENTA BAND Accused of Squandering MILLIONS of Tribal Dollars.

One faction of an Indian tribe has accused another in a lawsuit of squandering millions of dollars in profits from a Northern California casino to lead lavish lifestyles.

In the federal suit filed Tuesday, tribe members who lost control of the Rolling Hills Casino last year are accused of spending $17 million on private jet travel and millions more on tickets to professional sporting events, luxury homes, expensive vacations and custom sports cars, The Sacramento Bee reported.

The suit alleges the faction invested $93 million in gold, property and unproven, high-risk startup companies.

They also are accused of mounting an armed attack, which authorities described as a standoff between two rival factions on a road leading to the casino in an attempt to regain control.

That was followed by a cyber-attack to cover up their criminal activity, the lawsuit alleges.

Authorities were not immediately available Wednesday to provide further information to The Associated Press related to the allegations.

The AP also could not immediately determine if the people sued have retained lawyers.

The lawsuit marked the latest chapter in an ongoing fight over the casino located near Corning, about two hours north of Sacramento.

The casino makes $100 million a year and provides $54,000 annually to each of its 300 members.

The suit alleges the "looting spree" was enabled by "rigged" tribal elections.

The 171-page lawsuit includes claims under the federal Racketeer Influenced and Corrupt Organization Act. It names 19 members of the tribe, including four former leaders.

Hey, Disenrolled, Moratorium Bound, YES, YOU, THE FIGHT IS NOT OVER, QUIT WATCHING from the Cheap Seats

You mean, we didn't get re-enrolled the ONE time you came to a protest?  You wrote ONE letter to your congressman and he didn't fall all over himself fighting for your rights?  You went to the archives that time...eight years ago and the tribe didn't take your evidence?  SO you're quitting, you don't want to help?  You  don't think we'll ever win?

No, the fight for our rights is not over.  So stop whining that you can’t go back to sitting on your rear end – there is still much to do.  I know you’re frustrated. And I don’t care.

More people want to throw in the towel just as we are approaching some success.  News flash: Our opponents punch back.  Did anyone think they wouldn't continue to fight back, to protect their ill gotten gains and power?   The fight’s up ahead, and we’re going to keep moving to the seats of power, our Congress and the Interior Department.

Many of us are jolted by their disenrollments.  Many expect immediate action, but that is simply not the case, when have we seen quick action?   Laws take time, getting politicians to move takes longer.  SO WHAT?  What are doing in the meantime?   Keeping up with the KARDASHIANS?  SHAME ON YOU.

What is the Department of Justice's Policy of the Abuse of Indian's Civil Rights? Request and Answer.

HERE is a letter YOU can and SHOULD send to Attorney General Vanita Loretta Lynch, or to the newest Attorney General It's a request for a policy statement, which if you read the Gabe Galanda article, could be as simple as "we won't defend the civil and human rights of Indian people harmed by their own Tribes.  Guest blogger  Reinstatement Resolution has crafted this letter.

To: US Department of Justice

    Attorney General Loretta Lynch

    950 Pennsylvania Avenue, NW

    Washington , D.C. 20530-0001

    Email: askdoj@usdoj.gov

    Fax Number: 202-307-6777

From:  

         

Re: Request for Policy Statement

Dear Attorney General, 

I am writing this request on behalf of thousands of American Indians who have been removed from the Membership Rolls of Federally Recognized Tribes without due process and in violation of their right to equal protection under the law.

Many of the decisions to terminate tribal membership have been imposed by Tribal Leaders without the approval of the General Membership of the Tribe, in direct contradiction of the governing documents of their respective Tribes, and motivated by racial bias. This racial bias is compounded by the fact that some of these Tribal Leaders have no Indian ancestry themselves, and would not meet the same standards as these disenrolled Indians, who have endured discrimination and bias from American society, and now face bias and discrimination from within their own tribes.

Tribal Leaders act with impunity due to the protections of sovereign immunity. Many of these leaders claim that the Santa Clara Pueblos v. Martinez Supreme Court decision gives them the right to exclude legitimate tribal members and they have done so, causing egregious harm to the Native Americans who lose their tribal citizenship. This harm extends far beyond the loss of membership in a Federally Recognized Tribe. It means denial of eligibility for federal benefits to help finance education, medical treatment, and even emergency assistance to families in need. It means the loss of land rights, burial rights, and access to benefits provided by the tribe. It means a denial of heritage, and the legacy of their ancestors, and the connection to their culture.  

Obama Failure on Tribal Disenrollment Justice Department Avoids Conflicts - Galanda

Here's an excellent indictment of the Obama Administration for avoiding the human and civil rights abuses BY tribes against their own people via tribal disenrollment, by attorney Gabe Galanda.  Failure of the disenrolled to continue to press our  politicians, leads to those same politicians not caring or rather unwilling to expend any political capital against big money Indian tribes.

We will have a letter requesting a policy statement from the Department of Justice later today. Please plan on sending a copy for each of your family members.

MONEY QUOTES:

More problematically, Interior and the BIA fail to appreciate that the tribal power to determine membership—or more traditionally, kinship or belonging—is distinctly different from the power to disenroll. The former is a matter of inherent tribal sovereignty. The latter is a matter of federal delegated plenary power that the Congress delegated to the Secretary of the Interior, and in turn, the Secretary has now delegated to tribal governments. This distinction is critical, and lost on most all of Indian Country due to the mistruths espoused on this topic by the federal government and others.

 

Indeed, the BIA’s Indian Affairs Manual explains: “When enrollees lose their membership they also lose their right to share in the distribution of tribal assets. Since the Secretary is responsible for distribution of trust assets to tribal members,disenrollment actions are subject to approval by the Secretary or his authorized representatives. Any person whose disenrollment has been approved by the Area Director acting under delegated authority may appeal the adverse decision as provided in 25 C.F.R. § 2.”    

Instead of honoring those policies, or federal law, Interior honors a selfish decision made by a few BIA senior bureaucrats during the Bush Administration;

But the Obama Administration has failed to doanythingto help fix today’s federally caused, tribal disenrollment crisis. Not only is it the federal government’s fiduciary obligation to all Indian peoples to do so, but it is the morally correct thing to do.

 

Read more at: Galanda on Disenrollment