WHAT IS THE BIA UP TO? Regional Director AMY DUTSCHKE, FOIA Coordinator Doug Garcia and Public Liaison Jessica "kick the can down the road" Rogers spin their wheels more than a drag racer.
Emilio Reyes' FOIA request response from the BIA PRO is in violation of FOIA USC 552(a)(3) and 43 CFR 2.12(a) for failure to make a reasonable effort to search for records requested thru FOIA.
Because the FILE IS A BIG ONE, I've LINKED it HERE... if you want to download It contains a LOT OF EVIDENCE in the requests. PLEASE take a look
Reyes reports the requested records sought in this request were previously requested on December 18, 2015 and July 7, 2016. The BIA stated no records were located. Emilio was able to locate the records at a later time at the National Archives and provided copies to the BIA on August 2016, he requested the BIA and other agencies to hold the records in their repository in case any researchers are conducting research on Mexican Indians. Those agencies included the Office of Indian Services, Bureau of Indian Affairs (BIA), Office of Federal Acknowledgement (OFA) and the Office of the Assistant Secretary of Indian Affairs. All agencies are branches of the Department of the Interior.
The mentioned records relate to Mexican Indians who migrated into Southern California in the late 1800's and early 1900s. The BIA and several federally recognized tribes, approved their residence at some of the Southern California Indian reservations. Later these families would claim California Indian ancestry thru the 1928 California Indian judgment roll and would be listed on the tribal rolls of Southern California Indian tribes.
One of the families listed on the Wadsworth list includes the Trask Family who are present members and part of the tribal council at the San Pasqual Band of Mission Indians. Even though Frank Trask is not listed on this list of Mexican Indians, there is overwhelming evidence that the mother of Frank Trask stated in correspondence that she was a Mexican from Baja. The other part of the family came to California from Ohio. The wife of Frank Trask, Leonora La Chappa (Trask), who's ancestor is Domingo Yanke, is listed as Mexican and for a second time listed as Mexican Indian in the Mesa Grande tribe.
The controversy not only exists with the Trask family but other families in Southern California whose present descendants are listed on this Wadsworth list of Mexicans and Mexican Indians.
Considering that the Act of 1928 specifically requested Indian applicants to list the names of their ancestors who were a party to the negotiated treaties in 1852, how did they get a 1928 application approved by the Examiners of BIA? So ok, the 1928 Application was approved by error, you would think it would be fixed in the revised roll in 1948. Perhaps not. Ok maybe in of the Act of 1968? NO again.
Due to the inconstant errors of the 1928 applications, the Office of Federal Acknowledgement does not recognize Mexicans or Mexican Indians. On the other hand, their historical errors will not be corrected either. To the present day, these individuals are considered California Indians. Some tribal councils have been disenrolling the real California Indians, while others do not allow membership into their own tribes. In other words, Indians from Baja California disenrolling the California Indians. The irony of who is a California Indian and who is not, a problem caused by the BIA. And let's not forget California is the leading State on disenrollment.
Then we have the problem with BIA issuing Certificate Degree of Indian Blood (CDIB) which is traced to the 1928 California Indian application. Again, the OFA does not acknowledge CDIB's as "proof" to be considered a historic tribe.
Reyes's email stated the following: "[BIA], in your correspondence you state no records were located. Due to the importance of these records, I have located the documents that pertain to my [two] FOIA requests and I'm providing you a copy to hold in your repository."
He also stated that these documents are historic that will be helpful to other agencies including the Office of Federal Acknowledgement and the Office of Indian Services, and Solicitor's Office. With present tribal disenrollment, the hypocrisy of the BIA has allowed other non-California Indians be current members at these Southern California Indian tribes. Moreover, The Office of Federal Acknowledgement gives a difficult time proving lineage to non-federally recognized tribes' members. In most cases, the only records if they exist are mission records, however, it becomes more difficult for those Indians who did not entered the missions and refused to assimilate to the Spanish or Mexican culture. In addition, the OFA dismisses a family who is on the mission records as a Baja California Indian. But yet, the BIA accepts the descendants of Indians of Baja be members of Federally recognized tribes.
Emilio has provided historical records in the past to the BIA. Years ago, he was able to locate the 1928 Blanket applications that were missing in the records of the BIA and the National Archives in California. While researching a specific family and requested records from BIA, BIA informed him that if he located the missing 1928 blanket applications to please provide them with a copy, and he did. The blanket applications consists of hundreds of pages, in which former BIA Superintendent, Robert Eben's ancestors are listed in there. The Blanket applications are census rolls from 1928 consisting only of names, no blood degree, nothing, just names and tribes.
Months after providing the records to the mentioned agencies, he conducted the same request to test the government's transparent procedures. Emilio did the FOIA request to BIA and the Solicitor's Office. The Office of Solicitor upon receive of the request provided 28 pages responsive to the request, all records released in full. Reviewing the documents we confirmed they were the same documents Emilio provided to all DOI agencies in 2016. However, the BIA who shares same repository for all DOI agencies, the American Indian Records Repository (AIRR), stated, no responsive records were located.
The BIA informs the requestor ("Emilio') that it does not posses or cannot locate responsive records to the request. However, there is reason to believe the search for these records was incorrect, inadequate and believed the search was not even made. Since the Solicitor's Office did located these records, the BIA should have been able to locate the records too. In accordance to 43 CFR 2.57(3), if there is a reason/proof to believe the records do exist, the Bureau is subject to additional appeals. The Bureau if filed additional appeals will be subject to non-compliance.
Emilio states that having a transparent government was implemented thru FOIA. BIA continues to fail. Let's not forget California BIA is responsible and the leading State on tribal disenrollment, internal BIA corruption, conflict of interest between BIA employees and tribes, FOIA violations.
When will the U.S. Government decide to step in?
Emilio suggest that if the BIA has over 10,000 employees to help Federally recognized tribes, and in some cases non-federally recognized tribes and the public, that tells us that if we reduce the staff by 90%, BIA will get the job done more efficiently. He's also stated in the past that most BIA agencies outside of California have been compliant to his FOIA requests, however, CA BIA fails almost every time. Their failure started as soon as the new BIA Superintendent Javin Moore came into his present position, and when Emilio exposed the corruption of non-natives approved by the BIA in the San Pasqual tribe.
Removing the Regional FOIA Coordinator of California, replacing the BIA FOIA liaison with another form of solution, removing the BIA Privacy Act Officer and replacing all California BIA staff will create a positive change we been trying to see for decades.
Emilio has filed 11 FOIA lawsuits for non-compliance against the BIA this month, total of 4 are moving forward in the District Court of Southern California. Emilio will file additional lawsuits this week, in which he will be seeking to hold and declare the BIA in contempt, for failure of their actions following FOIA procedures.
Hopefully with all these lawsuits, Congress will eventually step in and investigate the non-compliance of DOI, CA BIA's. Someone needs to take responsibility and that will be Amy Dutshke, Douglas Garcia, Javin Moore and Sandra Hansen.
8 comments:
Great job in keeping those in charge of the local bureau accountable! Continue to file any and all lawsuits. Each instance is a notch against the Pacific Region's director.
The BIA public liaison position should not even exist when we have OGIS(NARA)to help intermediate any disputes with FOIA's.
Let's make BIA employees accountable for their actions. Is it incompetence, corruption, or conspiracy to commit fraud? Over and over again we see the BIA assisted tribal leaders with disenrollment. What is in it for them?
When I was disenrolled the Riverside BIA office under Francis Muncey would not issue me a CDIB under orders to not issue any Pala disenrolled with CDIB's because they did not want to take sides they said. How can a tribes leadership dictate what the BIA can or cannot do. It took me several months and final speaking with Harley long in Sacramento and him contacting Riverside I finally got a CDIB issued. After that my siblings tried and they were put through the same BS and couldn't get theirs. You have to just keep at it and don't give up to get the BIA to do their job.
Emilio Reyes, I have a request can you research Remijo Lugo/Lubo from on the 1903 Pala rolls and before that Cahuilla rolls I believe. From what we know Remijo was one of the wagon drivers that brought down the Cupeno from Warner springs to Pala and was paid . We have letters to him about payment for this job sent to him in Beaumont out by morongo/cahuilla. Since Pala was giving land away to the Cupeno's he signed up for an allotment as a native but claiming to be from Pala. Now his descendants sit on the council and disenroll others when they have no right to even be tribal members at Pal. Many people now this but cause they are in power it does not get looked into.
Remijio Lugo has a 1928 CIJR application. Lots of information on there. One thing for sure, he admits he wasn't a Pala Luiseno or an Agua Caliente Cupeno. There are more documents in the National Archives. At one time he was a tribal policeman on the Pala Reservation. He got injured and filed claims with the BIA.
It is correct that he was a teamster, and was one of the drivers who assisted with the 1903 eviction of the Warners Ranch Indians. He was paid for the job, and did receive an allotment at Pala. He was not eligible for a Pala allotment because he already had land in Banning at the time, and the Secretary was only authorized to allot land to the Warners Ranch Evictees and other homeless Mission Indians.
Remijio Lugo is on the 1913 Pala Allotment Roll. Because he was on the 1913 Pala Allotment Roll his descendants were enrolled in the PBMI in 1961. This is one of the many erroneous decisions that the BIA made with Pala enrollment. Now these Lugos have taken over the PBMI EC. Theresa Nieto, Dion Perez, and Howard Maxey are all Lugos. \
Just another of the many screws up of the BIA. Hey, its okay. Real Cupenos get disenrolled, Cahuilla Indians get enrolled in Pala, the power of the General Council has been usurped, there have been several murders, lots of drug trafficking, extortion, embezzlement, and much more.
It's all good. Who cares if Indians get hurt? Happens all the time. No consequences. But because of all the shenanigans the BIA has to hide the evidence of their involvement. That is what is going on with the FOIA requests.
The only way the Lugos can save themselves for the future is to oust robert, re-instate the Margarita Britten descendants and make a new law making disenrollment illegal. By making amends with the tribe and the disenrolled they can save their family the same fate. Keeping up with roberts side only temporarily keeps them safe. When he is out or when the EC has new blood that are not Lugos they can hire a genealogist to look at the history of their family and records then they are out. It may be 5 years or 20 years but it's only a matter of time and who is on the EC. Fix Pala show the people you are part of the people and not part of the problem and they will except you. Anyone who can take out our greatest enemy RS will have the suppprt of the people. Well except those who owe their enrollment and high paying jobs to RS. But they are not legit members anyway so they will be out when he is out. We all know how he keeps getting re-elected by getting rid of the throw away (for supposedly having marks on them) (that's why they put that not each ballot) votes that are for his opponent and swapping out the mail in ballots that go to his post office.
The reason why Mexican Indians are not recognized is because they are Mexican,not American. Why should the US give services to Mexicans?
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