My Passion For Ancesrtal Right and Indian Sovereignty

My Passion For
Ancestral Rights
and
Indian Sovereignty

For all of my life I have found myself on the front lines of standing up for issues of Social Justice. I often say that I inherited the battle for Environmentalism and Freedom of Choice in Alternative Medicine from my father, Bruce W. Halstead, M.D. From that start, I found myself involved with other issues that included: code enforcement, civil rights, human rights, equal rights, children's issues, government corruption, and corporate wrong doing.

While I received my degree in Political Science from UC Davis in 1976, I have spent my professional life in business. When I met my wife Michelle at the end of 1999, she had already adopted three children who started life as the victims of drug abuse. Together we have adopted five more of these children who would otherwise be at risk of growing up in perpetual foster care where they would be statistically inclined to repeat the sins of their biological parents.

In the process of becoming foster parents, I was exposed to the phenomenal crisis that has been created by the miserably failed war on drugs. We are now creating generations of children who are growing up in the system with little hope for the future. It was this reality that has led us to create the Earth Haven Foundation for Kids to address their needs. The goals for this foundation include educating the public about this crisis, providing methodology for handling their needs, and passing legislation that would open up loving adopted homes for these innocent child victims.

It was the search for affordable housing for these children that brought our family to Barstow. Since it is my nature to practice public participation and citizen oversight, it was only natural for me to get involved with local politics. It didn't take long for me to see what was going on here in Barstow and how this town was being run by the same kind of land baron cronies that ruined by home town of Grand Terrace.

With the advent of Indian gaming as the dominant issue of Barstow, it didn't take long for me to investigate the influence of the billionaire Detroit developer which now runs this small town. It also brought forth an interest in the questions relating to Ancestral Rights which I admit to only having a basic concept of prior to my involvement with this issue. But the more I looked into Ancestral Rights, the more that I came to realize how sacred this was to Native Americans and how it was the same as civil rights and human rights.

But standing up for my beliefs has brought me into conflict with the Barwest machine and the object of their smear campaigns to discredit me. I have always been willing to stand up for Native Americans and I would be honored to represent them in any way that would assist in their fight for self determination and Indian Sovereignty.

But since I have yet to be called upon to represent Native Americans, I highly resent the Barwest, Tom Shields ugly lies that I am acting as a paid political hack for "the other side". I can think of nothing that would offend me more than being accused of being another "Tom Shields". I see him as a sleazy, scumbag lier that would stoop to the lowest form of political manipulations for the big bucks that Barwest pays him. This morally bankrupt slime is the best at what he does which is to buy influence, corrupt politicians, and destroy local democracy. The fact that he has some local leaders like Barstow School Board Member Julie Clemmer participating in perpetuating his lies against me is a sad and pathetic statement about their moral character.

For all of these reasons and more, I felt compelled to write the following statement and read it during the "Casino Update" Item of the Agenda for the September 17 Regular Meeting of the Barstow City Council Meeting.

My Three Minute Comments
On Ancestral Rights
During Casino Update
Barstow City Council Meeting
by Larry D. Halstead

"Make no mistake about it! This battle over Indian gaming here in Barstow is all about Ancestral Rights. To those that don’t understand this simple truth, I wonder what part of Ancestral Rights don’t you understand, Ancestral or Rights? It is almost as if you have never even thought about how we went from Native Americans as the ONLY American citizens on the continent, to the ugly history of genocide and forced exile and onto these god-forsaken lands we call “reservations”.

It is like you never even stopped to think about the deplorable conditions imposed on Native Americans on those reservations. Those deplorable conditions have been undeniably turned around by Indian gaming.

Ancestral Rights and Indian Sovereignty is as sacred to Native Americans as civil rights are to non-Indians because it was paid for by their blood. Ancestral rights are not determined by Dale, Rector, or Tom Shields but was determined over a 250 year history of treaties. These days, Ancestral Rights for lands in Barstow are identified by the Native American Heritage Commission and dictated by Senate Bill 18 to be listed on Barstow’s General plan as belonging to the Serrano, Kaaiisu, Fort Mojave, and Chemehuevi Tribes.

This Mayor’s unauthorized letter to the Department of the Interior attacking the Chemehuevi and their Ancestral Rights is ugly, disrespectful, shameful, and illegal. This Council, except for Gomez, has shown a disregard for their blatant conflict of interest. This Mayor can never again expect even the slightest respect from me after his assault on the great nation of the Chemehuevi and his gross disrespect for their elected honorable leader, Chairman Wood.

Barwest politicians obsessive lobbying and acting like the paid pawns and puppets for Barwest that they are, is counter productive to Barstow ever having a casino. It is also a blatant disregard for Ancestral Rights, the Brown Act, and all laws against conflict of interest.

Barwest specializes in Reservation Shopping which is considered by tribes that respect the Ancestral lands of other tribes as an evil threat to Indian Sovereignty. The Barwest strategy for violating these rights in their greedy quest to profit from Indian gaming is to find these fledging tribes and supply them with the lawyers to fight in the courts, the lobbyist to persuade legislators, and the millions of dollars needed to buy influence and politicians like they have done here in Barstow.

Standing up for Ancestral Rights and against government corruption is something that I am proud to do. It is consistent with every battle for social justice that I have ever been involved with and I will continue this battle until justice rolls down upon Barstow like a mighty river freeing this town of the Barwest influence and the corrupt politicians who run this town."

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!

Index of Smoking Gun Letters

Index of Letters Distributed by Councilman Gomez at 8/28/07 Special Meeting of the Barstow City Council


As of this post, I am still working on an easy way to post Mayor Dale’s letter to the Department of the Interior attacking the Chemehuevi and their previously established Ancestral Rights. This smoking gun reveals Dale as the real pawn of BarWest, the role he has been playing since this Detroit developer first showed up and started buying influence here in Barstow.

In the meantime, if you would like copies of Dale’s letter or any of the letters that Gomez was distributing to the public that night, you can send me an email with your FAX number and I will be happy to send them to you.

You may wish to view the video on Councilman Gomez chastising Mayor Dale. It is posted on YouTube.com, TVT, and here on my blogs under the post entitled: “Red Faced Mayor Exposed as BarWest Pawn”. To see the entire council meeting including the Mayor’s response it is available on the City’s website, see my post entitled: Barstow Citizen Oversight on the Internet.

Here is the Index of the letters that Councilman Gomez released to the public in chronological order:

-TASIAN letter to Barstow City Council
Dated 8/29/05
RE: Opposition to BarWest Compacts

-Analytical Environmental Services letter to Chairman Wood
Dated 7/29/07
RE: “Barstow Scoping Report”

-Chairman Wood letter to Analytical Environmental Services
Dated 8/8/07
RE: “Barstow Scoping Report for BarWest LLC,
the Los Coyotes Band of Cahuilla and Cupeno Indians
and the Big Lagoon Rancheria of Smith River Indians”

-Mayor Dale letter to BIA, US Dept of Interior
Dated 8/21/07
RE: “The Chemehuevi Tribe’s Recent Assault on Barstow”

-Barstow City Lobbyist, Nick Medeiros Memo to City of Barstow
Dated 8/22/07
RE: The BarWest Compact appear dead


For more Information on this subject see the following post:

The BarWest Scam in Barstow
Why BarWest is on the Attack
The True Story of my Involvement with Indian Gaming
TheVerifiableTruth.Com Exposes the Tom Shields Blame Game

It’s about Ancestral Rights stupid!

It’s about Ancestral Rights stupid! What part of those two words don’t people understand, Ancestral or Rights? It is almost as if you have never even thought about how we went from Native Americans living in peace and in harmony with nature here as the ONLY American citizens on the continent to the ugly history of genocide and forced exile of Native Americans to barren lands we call “reservations”. It is like you never even stopped to think about the deplorable conditions imposed on Native Americans on those reservations or the countless ways that cultural and sacred sites have been violated and destroyed. It is also that you seem to have turned a blind eye to the dire poverty, alcoholism, school drop out, poor health care, and early death that the history of reservations have brought to Native Americans.

So if you are one of those that never even cared enough to take even a brief moment to ponder that part of American history and government policy then I expect you are totally clueless about totally devastating these elements are to things like: cultural preservation, Tribal pride, Native American independence and self determination or Indian Souvernty.

The concept of “the ugly American” is based on our gross cultural ignorance of traditions and customs of people in foreign countries and how we arrogantly try to impose our customs and values on them. But the truth is that Americans are largely ignorant about their own country. Most Americans have a hard time identifying the three branches of government, the name of a single member of the Supreme Court, or often even things as simple as the name of the Vice President or the Speaker of the House. It is often our obsession with consumerism and our often single minded focus on sports or religion that is the reason for our ignorance. But the struggle to survive and build our careers is definitely part of that equation.

Ancestral Rights, A historical Perspective
Still, if we are to begin to understand any of the issues involved with Indian gaming and bringing a casino project to Barstow, it is imperative to fully examine the history and significance of Ancestral Rights and how that relates to the history of our government’s treaties and other agreements with Native Americans. From the creation of the “Reservation” system, Native Americans had to be coerced, bribed, and rewarded into relocating on to these lands that were usually the most remote, barren, and basically the least desirable real estate. Often they were bamboozled into agreements that our government, only to discover that it would be another broken promise for which our combined history has been disgraced with a long legacy of lies and broken promises with Native Americans.

What developed out of those history of treaties and other agreements, was that we established the principal of Indian Sovereignty which established tribes and independent and separate nations. In exchange for being restricted to reservations, Native Americans were granted rights to self determination and control over their ancestral lands. These rights established by the U.S. Government is hardly compensation for the atrocities we committed or the loss of most of their original ancestral lands. But it did offer a glimmer of hope and a scant glimpse of how Native Americans could, with a lot of hard work and a whole lot of luck, just maybe have the opportunity to enjoy the life style that most other Americans take for granted.

Decades before the advent of Indian gaming, Tribes have been fighting for recognition by Congress in order to enjoy those ancestral rights granted in the history of treaties and other related agreements, along with legislation. Some tribes had to jump through all kinds of hoops, lobbying efforts, and even litigation in order to gain that recognition. In fact in many cases it came to identify the struggle of a given tribe as the primary cause they were fighting for so that they too could enjoy the rights and protection afforded the “officially recognized tribes”.

Even with that recognition, the hope and promise of a better life went largely unfulfilled for most of our combined histories. Mostly reservation had stayed in a state of economic depression, extreme poverty, and with out much hope of escape. It is depressing for an “outsider” to spend even a short time visiting those reservations. After graduating from Davis, I decided to take a break from academics and spent six months traveling the “Great Northwest”. Along the way, I had the opportunity to visit numerous reservation scattered over several different states. This was in 1977 and years before Indian gaming had showed up on the radar.

What I witnessed on those reservations made me sick to my stomach. It caused me to recall the words of Thomas Jefferson, that: “I fear for my country when I consider that God is a JUST God; and that his justice doesn’t sleep forever.” The stereotype of the “drunk, alcoholic, unemployed, Indian” was way beyond just a stereotype. The feeling that came over me was a feeling that my patriotism was tarnished by the knowledge of what we had done to these people and how we continued to neglect and abuse them with these deplorable conditions.