Rep. RAUL GRIJALVA SUPPORTS Pechanga THEFT of Water Rights for Swimming Pools

In a recent report to congress on Native American Water Rights, Rep. Raul Grijalva discussed the Republicans in the House Resources committee not passing water settlement bills.  He compares the Blackfeet water bill, needed for irrigation and drinking, to the Pechanga bill, which is needed for new casino swimming pools.

Apparently Rep. Grijalva isn't paying attention to what Pechanga is doing, or is complicit.

Read these articles to learn MORE
Pechanga Water Bill Cheat Allottees of Reservation
BIA and DOI NEGLIGENT in Water Rights Bill
Letter to House Nat Resources on Pechanga Water Bill
Temecula Indians in DC to OPPOSE Pechanga Water Bill
BIA Director Dutschke RECOGNIZES Trust Responsibility

PAY ATTENTION RAUL:

The Department of the Interior recognizes that allottees have water rights on allotted lands and that the United States has a trust responsibility, independent of any responsibility to the Pechanga Band, to protect those interests.

The Department is currently reviewing the proposed settlement legislation and its effect on allottees within the Reservation.

Please remember that the Hunter family is one of the few original allottees to maintain their land on the reservation.  We have homes on the original 20 acres we were allotted in 1895.  We were part of the Temecula Band of Luiseno Indians, which somehow disappeared and became the Pechanga Band of Luiseno Indians, which has FEW allottees in the tribe. 

Stop comparing Pechanga to much needed water bills elsewhere..you're embarrassing yourself.  We have concerns, having had our tribal citizenship terminated by the Pechanga Band of Luiseno Indians.  Many of our family reside on an original Pechanga allotment of land granted to us by President McKinley.

We believe that no entity that participates in, supports, or otherwise partakes in human and/or civil rights violations should benefit from the public trust.  And this bill, as written certainly gives Pechanga benefits that we seem to be excluded from. 

Please help us clarify WHY the tribe wants definitions of allottees changed?  Here is the draft of the first water rights bill of 2010 (which could be taken to mean purchaser of reservation land, whether Indian or not:

KNOW BEFORE YOU GO: VISITING TRIBAL CASINOS Restricts YOUR RIGHTS

Sacramento Bee writer Steve Maganini wrote this article in 2003, as Tribal Casinos proliferate, it's a good time for a reminder:  KNOW BEFORE YOU GO

Most Californians don’t realize that when they enter California Indian territory, they leave many of their rights as U.S. citizens at the border.

If you get into a car accident with a tribal employee on tribal business, are injured at an Indian resort or casino, or are fired without just cause, as Benedict Cosentino found out at Pechanga, you can’t sue the tribe in California court. If you’re owed money in a business dispute or are sexually harassed, you can’t sue, either

“As much as this looks like Bellagio (a Las Vegas hotel), this is an Indian nation,” said Mark Macarro, chairman of the Pechanga Band of Luiseno Indians, which runs a $262 million casino-resort on its reservation in Riverside County. “All governments have immunity to suit unless they agree to a waiver.”  A former customer, Richard Swan was nearly beaten to DEATH, by Pechanga's security, in 2008 and Pechanga didn't waiver.

Macarro says those who want to limit Indian sovereignty have a shortsighted view of history: “There’s an indignant self-righteousness: ‘How dare these tribes come in and impact our quality of life?’ ” he said. “A few generations ago when we were being kicked out of our villages at gunpoint, we were saying the same thing, but we were powerless to stop it. NOW, Macarro kicks out his own people from his "village" in Pechanga's Trail of Tears.

CA District Court Rules That Central Valley Miwok faction's Request for Injunction is DENIED

This long term case we wrote about in 2010 here 

The CVM accuses the Bureau, and Bureau officials, of violating federal law and the civil rights of the tribal members in denying federal funding and services to the Tribe.

However, the pleas for help only tell half the story. The recent history of the CVM is one of competing factions struggling to control the Tribe which eventually led to the disenrollment of a long-time Tribal leader.

Based on this disenrollment and the current CVM leadership’s failure to include eligible Tribal members, including the disenrolled, in the development and passage of the Tribe’s Constitution, the Bureau has declined to recognize the constitutional election and the current CVM Chairperson. As a result, there is no recognized Tribal government (according to the Bureau).

To thousands of California Indians who, over the last decade, were subjected to disenrollment and disenfranchisement from their Tribes or denied participation in tribal elections, what has occurred at CVM is nothing new.


The Courts ruled that

Preventing the implementation of the December 2015 Decision would also impair the interests of the United States and Tribe members in establishing legitimate
government-to-government relations, and preventing the Regional Director from determining the validity of other potential tribal governments would prevent Tribe members from receiving the benefits of a duly-recognized government. 


See the entire decision here

IT IS THEREFORE ORDERED that plaintiffs’ motion to stay
the Assistant Secretary’s December 2015 Decision pending final resolution of this case, considered as a motion for a preliminary injunction, be, and the same hereby is, DENIED.
Dated: October 24, 2016

Energy Transfer Partners WILL PROSECUTE #NoDAPL Protesters to "fullest extent of the law"

The AP is reporting:

The developer of the Dakota Access oil pipeline said Tuesday that the dozens of protesters who have camped on company-owned land since the weekend are trespassing and that "lawless behavior will not be tolerated."

Texas-based Energy Transfer Partners said in a statement that it wants all protesters to vacate its land in North Dakota immediately.

"Alternatively and in coordination with local law enforcement and county/state officials, all trespassers will be prosecuted to the fullest extent of the law and removed from the land," the statement said.

American Indians and others who oppose the construction of the four-state oil pipeline set up the new camp of tents and teepees Sunday, moving their long-running protest directly in the project's path for the first time.  Still no comments from Hillary Clinton or Donald Trump

RESPECT EXISTENCE, Disenrolling Tribes, or EXPECT RESISTANCE:

I am SO proud of all of our Native brothers and sisters who stand up against the Dakota pipeline, which is going through treaty lands and through the ancestor's resting places.

Does anyone besides me wish that we would see the same efforts to stand up for those who have been harmed by their own tribes?  
This motto above, should inspire all who have been harmed, to find their backbones and stand up for ALL of us who have been harmed.



So few are still working to defend the honor of their ancestors against the tyranny of corrupt tribal leaders and against the apathy of the BIA and the almost hysterical ignorance of our elected officials to their trust responsibility.  Is it any wonder that tribes continue to disenroll, when they know they can get away with it for say a DECADE or two?

HOW to fight?

• Write comments on news articles, if they are Facebook linked, TAG your family.  
• Join Twitter so you can pass on articles to BIA, Senate, House, news
• Get your family's back in the fight
• Write a story for the media, including this fight
• TALK about your issue, remarkably, most people still DO NOT KNOW.

Why not give up?

Can you really do that?   While so many are fighting for YOU, your kids, your ancestors?

As we learned from Enterprise Rancheria bringing people home, it's NEVER TOO LATE.  Unless your relative dies while disenrolled as attorney Gabe Galanda writes today.  Can YOU live with that?  Your relatives dying, while YOU wait for someone to DO SOMETHING?  Which usually means...why won't someone ELSE do something...

Please...share.

UPDATES Tribal Casino Tour Bus Crash Kills At Least 13, 31 injured

photo from Chris Tarpening

Sad news about another Indian Casino tour bus crash, early this morning at 5:17...13 reported fatalities so far.  There are approximately 31 passengers on the bus that were transported with minor to serious injuries.

The tour bus was identified as a USA Holiday bus and was transporting passengers from the RED EARTH CASINO.  More news to follow...

The tour bus had smashed into the rear of the big rig, KILLING the DRIVER and the front of the bus was enveloped by the big rig's trailer. Dozens of firefighters swarmed the scene, struggling to reach victims. They used chainsaws to break open the vehicle and make their way into its front, even though it was clear there was barely any room to fit inside.

In 2013 there were TWO tribal casino bus crashes on the SAME DAY  which at the time drove the number of tour bus crashed to SIX in four months.  
In 2015 there was another Pala Casino tour bus crash that hospitalized 13.

UPDATE:

The speed was reported as SIGNIFICANT, due to the length of the entry in the trailer.  The truck driver received minor injuries..
The 1996 bus had been inspected each year for the last 3 years. 

UPDATE:
Investigators will look at whether the driver fell asleep, had a heart attack or was under the influence of alcohol or drugs, Abele said. They will also investigate the possibility of a mechanical failure. 


Authorities hope to recover a data recorder that would reveal how fast the bus was traveling and whether the driver braked before impact. The bus, manufactured in 1996, may not have one on board, officials said

UPDATE:

DRIVE DID NOT HIT HIS BRAKES, say authorities

How Tribal Disenrollment Affects Members from PALA and Pechanga. Cristy Fajardo Reporting

Re-POSTED to let our new readers have an idea how two local tribal casino tribes from Temecula and Valley Center, both Luiseno, have affected their membership by revoking tribal citizenship: KCBS Channel 2 reporter CRISTY FAJARDO reports on disenrollment for greed and power tonight. Pay special attention as to how WEAK the responses are from the two tribal chairmen, Mark Macarro and Robert Smith! They can lie and obfuscate with ease.

Here is the video, PLEASE watch and share..

#NativeRightsMatter: Video That Sums Up the Disenrollment Situation in :30 Seconds

There were many of us who represented over 10,000 Native Americans who have been harmed by their corrupt tribes.   REPRESENT, by SHARING this post and :30 video  #NativeRightsMatter  #StopDisenrollment



Thank you to Emilio Reyes for putting this together, and for his partners Kristin Debler and Michelle Hammock for coordinating the event.

VISIT THIS LINK for COMPREHENSIVE DISENROLLMENT STORIES

SAY NO to DONALD TRUMP and Say NO to HILLARY, No Criminal in OUR White House

I sidestep into politics and updating this post from March,  now after 3 debates, the first won by Hillary, the 2nd Trump by a nose and the 3rd a tie, I'm:   #NEVERHILLARY, #NEVERTRUMP

Comments are OPEN, feel free to add your voice, either way. If WE can't discuss politics...what good are politicians?

I  say "in the White House" facetiously, because there's NO WAY a man like Donald Trump will win. (pass the crow fork, please..I misunderestimated the anti establishment fervor )

#NOTRUMP
DONALD TRUMP image

I can't believe that America can believe that this horrible person, Donald Trump is the person for them. He is a threat to all that's decent and he's NOT a conservative.

Just yesterday, at a rally, he asked a young woman, "ARE YOU FROM MEXICO?"  Like it's a bad thing.  I'm not from Mexico, but my great grandfather was, and he was here 50 year before Trump's MOTHER.

His plan to build a wall is fine, but WHY isn't he talking about arresting and perp walking employers who hire illegals? It's ILLEGAL to hire Illegals and going after one side is like arresting the JOHNS, but NOT the hookers.

Even a despicable person like Hillary Clinton, who has Holly Macarro as her Native American advisor can beat him, according to polls.  JUST BECAUSE I may use #crookedHillary doesn't make me PRO-Trump, Hillary still hates gays, failed in Libya, lied to us about her email server, and will profit from the presidency, her team has low opinions of blacks, Latinos.  

Hillary Clinton images
cartoon by BRANCO

JUST SAY NO to Trump who simply is not up to the task in my opinion. I have worked with CEO's of BILLION DOLLAR companies, and the comparision between Trump and them is....staggering.   

JUST SAY NO  to Hillary Clinton who is a criminal and a pathological liar, QUALIFIED, but UNFIT for our highest office. She takes donation from corrupt tribes, and really, you CANNOT believe she gives a crap about anyone whose last name isn't CLINTON ... She is two faced as they come and completely untrustworthy.... 

WHAT ARE THE OPTIONS?

I will use MY vote for President on the LIBERTARIAN candidate, so my disgust for both Democrat and Republican is registered.  The (L) candidate won't win, the most votes ever received is about 1.3 million.  So let's TOP that number, so BOTH parties will know what we think of them.

Saginaw Chippewa Tribal Disenrollment:10 Days to File Resolution To Disenrollment for Dollars

They don't need no STINKIN' DUE PROCESS...Tribal Disenrollment

An attorney for several of the more than 130 members facing ouster from the Saginaw Chippewa Indian Tribe has 10 days to file a proposed order with the community court to notify a judge of how she thinks the case should be resolved.

The Tribal members represented by Paula Fisher, more than 65 of whom have been recently disenrolled, said their ouster is tied to declining revenue in an effort to maintain per capita member payments.

Fisher, who is representing four families in the Tribal Community Court appeal that have either been disenrolled or face disenrollment, and Tribal attorney Sara Van Norman both have until Oct. 28 to file new proposed orders in Tribal Court; after those documents are filed, Judge Patrick Shannon will decide what to do with the cases.

Tuesday’s hearing in Tribal Court comes in the latest round of disenrollment efforts and was held on the heels of notice from the Tribal chief that funds are being shifted from another account to maintain per-capita payments to some 3,500 members.   OP:  I thought it wasn't about...THE MONEY?

READ THE FULL STORY at the MORNING SUN NEWS

And read HOW MUCH MONEY is involved in Tribal Disenrollment:  IT's NOT ABOUT THE MONEY?

BIA Will NOT Recognize Nooksack Council Actions After March 2016, which is NOT Constitutional

BOOM!  OUTSTANDING news from ...the BIA

BIA finds a backbone.  In this communique to the Nooksack Council and attorneys, apparently, operating without a QUORUM is a no-no to the BIA, especially when it VIOLATES the Tribe's constitution.  Which needs FIVE members for a quorum.  FOLLOW the Nooksack 306 FB page for updates.

Nooksack Clown Council seems to have reached the end of the BIA's rope. Unconstitutional actions (tribal constitution) WILL NOT BE honored, in a government to government relationship.  Sovereignty is one thing, aiding and abetting unlawful behavior is another.

HEH:  Pechanga .net has the story...2 days later...

REPORT: RINCON Disenrolls over 30 members

We are getting word that the Rincon Band of Luiseno Indians has disenrolled members this week.   It seems to be a trait of the Luiseno nations.  And not one that shines well on their leadership.

We've posted before on Rincon membership issues, where some didn't meet "blood quantum" which was designed to eliminate Native Americans.  And former chairman's family that were never enrolled..

Here's a story on the Calac family of Rincon:

n question is the lineage of Jose Maria Calac, and whether he was full-blooded or three-quarters Indian.

Currier is among the great-grandchildren of Calac and would be less than the required one-eighth Indian, critics say, if Calac wasn't full-blooded Indian.

The plaintiffs cite a 1989 decision by the Rincon enrollment committee, which ruled that fourth-generation descendants of Jose Maria Calac were ineligible.

The decision was appealed to the BIA, who upheld the decision, but, according to the suit, did not try to enforce the findings and was then instructed by the Interior Department to not get involved.

"We want (the BIA) to do what they're obligated to do under federal and tribal law," Marston said. "The tribe knows that we're right."

A settlement in the case was reached, an agreement that would ultimately reinstate the enrollment committee's 1989 decision.

But the district court ruled that the settlement would affect the Rincon tribe's right to determine its own citizenship.

STAY TUNED...

NOOKSACK 306 Attorneys To "SUPREME COURT of Nooksack Tribe" WE DO NOT RECOGNIZE YOUR AUTHORITY

BOOM!
Attorneys from Galanda Broadman respond to Nooksack Tribes New Supreme Court "justices"

In general, the Nooksack Supreme Court is fake. So are the “Justices” who comprise it. So are the laws
that supposedly established it. So is every single decision that the purported Nooksack Tribal Council has made since March 19, 2016, around when four Tribal Council seats expired under the Nooksack
Constitution. No legitimate government will recognize any decision by you or yours as lawful. Nor will any real government recognize any ruling of the pretend Nooksack Supreme Court.


So our specific response is this: We do not recognize your authority.

NOW, will the BIA and other Federal Agencies follow suit?

And....BOOM ..BOOM:[T]he ripple effect of [your] lawlessness will reach far beyond the boundaries of Nooksack. [Your] actions risk confirming the views of non-Indian judges of tribal courts as “rat’s nest[s].” . . . The suspicions and denigration of tribal courts as second-class forums will gain credence among those who are hostile to tribal sovereignty. But that loss of credibility is not simply shameful and embarrassing for tribal sovereigns and we attorneys and judges who serve them. It wounds every tribal court

They are the PAKLEDS of tribal councils

It's ONLY WATER for INDIANS: EPA Employees Responsible for Mine Disaster Will Not Face Criminal Charges

NOBODY in the OBAMA ADMINISTRATION is EVER RESPONSIBLE...

Federal prosecutors have decided not to bring criminal charges to Environmental Protection Agency employees involved with the 2015 leak of wastewater at an abandoned mine, the agency’s inspector general announced this week.

The EPA’s inspector general previously launched a criminal probe in conjunction with the Justice Department after the work of EPA employees led to a blowout at the Gold King Mine in Colorado, which resulted in 3 million gallons of toxic water spilling into multiple rivers in the region. The IG said an EPA employee may have violated the Clean Water Act and False Statements laws. The U.S. Attorney’s Office, however, has declined to prosecute the employee.

“In lieu of criminal prosecution, the OIG will prepare a Report of Investigation for submission to EPA’s senior management for review,” said Jeffrey Lagda, a spokesman for the IG’s office. He added the agency is required to report any administrative action it takes in response.

The report acknowledged employees missed some warning signs and failed to take certain precautions to prevent the spill, but ultimately found the blowout was “likely inevitable” due to built up pressurization.