Saturday, September 01, 2007

Mayor Dale and Tom Shields (still NOT) the Final Authority of Ancestral Rights














Not so fast (self appointed) "Professors" Dale and Shields, there is a couple of things you just may have over looked! Next time do some (ANY) research!


It is incredible to think that in the past 250 years since we slaughtered Native American in the worst case of genocide in world history and forced them on to God forsaken reservations, that Native Americans could have ever survived at all without BarWest, Tom Shields, and Mayor Dale to explain their Ancestral Rights to them.

In his letter to the Department of the Interior, (no doubt written by Shields) Mayor Dale clearly establishes himself as the final authority on local Ancestral Rights with his vicious attack on the Chemehuevi. Who died and left you ‘THE Decider’ of matters relating to Ancestral Lands anyway Dale? Here is some of those pesky little facts that you had to overlook in the process:


Never mind the role of the U. S. Department of the Interior’s Bureau of Indian Affairs.

What do they know anyway? Well, this is what their website says:

There “are 561 federal recognized tribal governments in the United States. Developing forestlands, leasing assets on these lands, directing agricultural programs, protecting water and land rights, developing and maintaining infrastructure and economic development are all part of the agency's responsibility.”

Office of Indian Gaming Management
“The Office of Indian Gaming Management, under the supervision of the Deputy Assistant Secretary-Indian Affairs for Economic Development and Policy, is responsible for implementing those gaming-related activities assigned to the Bureau of Indian Affairs by the Indian Gaming regulatory Act of 1988 and other Federal laws. The office develops policies and procedures for review and approval of: tribal/state compacts; per capita distributions of gaming revenues; and requests to take land into trust for purpose of conducting gaming. Work is coordinated with the National Indian Gaming Commission and with the state, local and tribal governments that may be impacted by gaming proposals.”

Never mind the role of the role of the National Indian Gaming Association

Mission and Responsibilities
"The Commission's primary mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences; to ensure that Indian tribes are the primary beneficiaries of gaming revenue; and to assure that gaming is conducted fairly and honestly by both operators and players.
To achieve these goals, the Commission is authorized to conduct investigations; undertake enforcement actions, including the issuance of notices of violation, assessment of civil fines, and/or issuance of closure orders; conduct background investigations; conduct audits; and review and approve Tribal gaming ordinances.

Never mind The California Environmental Quality Act (CEQA)

“The California Environmental Quality Act (CEQA) rquires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archeological resources, is a ‘significant effect’ requiring the preparation of an Environmental Impact Report (EIR). The lead agency should include “all appropriate native American groups culturally-affiliated to the project site. Certainly from the NAHC date, that would include persons and tribes of Chemehuevi, Mojave, Kawaiisu, Vanyume and Serrano decent.”

Never mind California Senate Bill 18

SB 18 places the responsibility of initiating consultation on local governments. The purpose of SB 18 is to provide time for tribal input early in the planning process. Besides city staff and tribal representatives, the process may also include applicants and consultants. The local government should contact the tribe first to determine the appropriate level of private landowner involvement, because there may be occasions where the tribe prefers to maintain strict confidentiality without the inclusion of a private, third-party landowner.

The bill requires that, prior to the adoption or amendment of a city or county’s general plan, the city or county conduct consultations with California Native American tribes for the purpose of preserving specified places, features, and objects that are located within the city or county’s jurisdiction.

Never mind the CA Native American Heritage Commission (NAHC)

In a letter dated, 8-13-07 the Native American Heritage Commission (NAHC), a California government agency, the Commission stated that they “are concerned that state law may have been violated if the Chemehuevi Indian Tribe was not given full and reasonable opportunity to comment on and express concerns on either a project planned under the California Environmental Quality Acti (CEQA) or Government Code Senate Bill 18. If consultation was not provided, under either of these two acts of the California legislature, by the City of Barstow or it’s agent, then the tribe in our opinion, has a right to file a complaint with the California Attorney General and the State Historic Preservation Officer (SHPO). The City ….must offer the tribe the opportunity to make it’s case regarding a project that it feels may have an adverse effect on the Native American cultural resources in the Barstow/Mojave Desert areas.”

Never mind Barstow’s own General Plan that has already complied with SB 18 and CA Native American Heritage Commission

Barstow General Plan/Technical Report
IV.2 Cultural Resources Management Plan
Preface – Native American Concerns
(pages IV.2.6 – IV.2.7)

"Therefore, any project must involve consultation with and involvement from local and regional Native American cultural entities as listed by the Native American Heritage Commission. The local Barstow office of the Bureau of Land Management (BLM) maintains a listing of representatives of Native American groups who claim an association with the Barstow area; specifically the Serrano, Kaaiisu, Fort Mojave, and Chemehuevi."

Never mind the Fort Irwin Environmental Impact Report (EIR)

Prepared by Professor David Earl, and commissioned by the military this EIR is hailed as the definitive work on the Ancestral documentation of the presence of the Chemehuevi Tribe. Ft. Irwin sits on a rich archeological site with a history of artifacts that have been unearthed and documented as from the Chemehuevi Tribe. The EIR report and other research on the subject is archived by the Ft. Irwin Base Archeologist, Ms. Lewes Ramirez who can be reached at (760) 380-4865 for confirmation of those findings.

Never mind the Ancestral Rights claims of the Chemehuevi Tribe


Local tribes have historically been carrying the burden of establishing and preserving those Ancestral Claims. Furthermore, under SB 18 and the CA Native American Heritage Commission has empowered tribes as the ultimate authority on these matters. Chairman Wood, of the Chemehuevi tribe, has given the following documentation regarding the history of Chemehuevi presence in the greater Barstow area:

“…the Chemehuevi have used the Newberry Springs, Calico, Daggett, Yermo, Barstow, Silver Lakes, Victorville, Stoddard Valley, Apple Valley, Lucerne Valley, Adelanto and Hesperia areas for thousands of years. Most of these cities are built on the ancient village sites and cemeteries of native peoples. There are ‘sleeping circles’, village sites, individual burials, cemeteries, petroglyphs, and very possibly intaglios throughout the areas. These intaglios are often identifiable from the air and would correspond to those found on the Ft. Irwin Military Reservation just a few miles to the north.

There is the large and ancient village site and cemetery found at ‘Lane’s Crossing’ on the Old Spanish Trail, present day Oro Grande. The “last Indian Battle” in southern California history is said to have occurred at Chimney Rock involving a reported 150 to 200 Chemehuevi, there battles in the Rodman Mountains and the famous Camp Cady military campaign. There is the grave of Maria Chapula who was born in 1856 and lived in a Chemehuevi village now known as Victorville and died at the age of 104, but remembers having lived a short while in a Chemehuevi village in Barstow during her life.

There is the burial site in the Ord Mountains and the Chemehuevi Cemetery near Zyzxx at Soda Lake. There were three cowboys killed in 1856 by 20 to 30 Chemehuevi at the Old Duncan Ranch, which was known as the ancient village of Guapiabit, now knkown as the historic Las Floras Ranch in Summit Valley. According to the US Federal Census, there were 44 Indians living in Hesperia through 1900 to 1910. Further research has shown that 37 were Chemehuevi and the remaining 7 were Kawaiisu. Given all these facts, you can be assured that Chemehuevi lived in and around the present day city of Barstow.”

Finally, Never mind the research BarWest commissioned on the question of local Ancestral Rights

In the hopes of debunking any notion of Ancestral Rights for the Chemehuevi, Barwest commissioned a highly respected local historian to conduct extensive research to try and establish even the most remote connection with either Big Lagoon or Los Coyotes. After thorough studies into the matter, the results of that research revealed the exact opposite findings. Not only was there not a shred of evidence connecting the BarWest tribes to this entire region but in fact the study added even more documentation to the ancestral claims already established by the Chemehuevi Tribe.

But Professors Dale and Shields say: Screw all the facts, laws, Federal, State agencies, and 250 years of history. They are writting their own book on local Ancestral Rights. Just don't confuse them with the facts!