March 2006 Newsletter from
"This Day in North American Indian History"
by Phil Konstantin
Copyright Phil Konstantin (1996-2006)
Click Here To Return To The Previous Website
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Start of Phil Konstantin's March 2006 Newsletter
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Greetings,
I discovered this did not go out when I thought it did due to
maintainence being performed when I sent it. Since this is so late,
I'll send it out a bit shorter than normal. I'll have more soon.
So, here it is again...
I mentioned this in my last newsletter. Thanks to those of you who have
made a small donation. Yes, $1 would really be appreciated...
My youngest daughter, Sarah, has had arthritis for many
years. She is only 24. We will both be participating in
the "San Diego 2006 Walk For Arthritis" to raise money
money for the Arthritis Foundation. The Arthritis Foundation
is the only national not-for-profit organization that
supports the more than 100 types of arthritis and related
conditions with advocacy, programs, services and research.
Sarah is trying to raise $500. Literally, if each of you were
to donate only $1, she could raise twice that. If you can afford
to donate $1 (or more), please visit the website below. You
donation is tax-deductable.
https://www.kintera.org/faf/donorReg/donorPledge.asp?ievent=156795&lis=1&kntae156795=502A8EC3FF5040C196756BAFC874AB46&supId=116002317
Thanks,
Phil
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Link of the Month:
Indian Tribes of California - A project created by the students the
Lo-Inyo Fourth Grade Class. This is a very nice website with information
about the local tribal groups. You might enjoy checking it out.
http://ctap10.org/~lo/indiansproject/
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Notes from newsletter subscribers:
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One of the newsletter's subscribers (Joe RedCloud) was in the news
recently. Here are the articles.
Tribal Reps Meet with Chadron City Council
By: Genell Rothleutner Posted at: 03/06/2006 08:25 PM
CHADRON - Many notables; including, Chief Oliver Red Cloud, Oglala Sioux
Tribe Vice President Alex White Plume, Floyd Hand, Russell Means,
attended a meeting with the Chadron City Council yesterday afternoon
before the council's regular meeting. Also in attendance were several
members of local and reservation law enforcement and members of both
communities.
The purpose of the meeting was to discuss issues that could lead to
better relationships between the Chadron area and the Pine Ridge
Reservation.
Eighty-eight-year-old Chief Red Cloud said something had to be done
about Whiteclay, the small controversial Nebraska town on the border
with the reservation that sells an estimated 4-million cans of beer a
year.
He noted that alcohol is breaking hearts and bringing families to tears.
Hand pointed out that racism does exist and children need to be educated
that the Native Americans were here first and white people need to learn
the Native American's way.
He said that there are a lot of grievances against the Chadron Police
Department.
White Plume explained that the idea for the meeting grew three months
ago. One of the issues that he is concerned about is the disappearance
of the Oglala Aquifer and thought the two communities could work
together on conservation efforts.
He noted that 60 to 70 percent of Chadron's economy comes from Native
Americans and hopes that the two communities can act neighborly.
Joe Red Cloud, White Plume's administrative assistant, said he thought
the meeting was positive.
He said there were a lot more people there than he had anticipated and
he was disappointed that more of the tribal council members could not be
there, but they had a last minute meeting today that did not conclude in
time to be there.
Joe Red Cloud said that there were some negative issues that were
brought up, but that has to happen so that they can be discussed,
diffused and go on from there.
Chadron Mayor John Gamby said that he cannot help but feel encouraged by
the meeting, even though nothing was really answered. He said the tribal
members who attended brought a lot of things up that he hadn't
understood and although there is still a lot he did not understand it is
good to meet.
Gamby noted that during the meeting Chadron was referred to as a border
town and he got the impression that was a bad thing. However, he had
always been proud that Chadron was a border town and hopes that by
working together they can make the reference a positive one.
Joe Red Cloud said that the next meeting between the two groups will be
up at Pine Ridge. He and Chadron City Manager Al Vacanti will discuss
dates and times for that meeting.
At the end of the special meeting Darla Wait from the Nebraska Public
Power District, Adam Gardner from Wal-Mart and KCSR owners Dennis and
Kathi Brown were all honored for their efforts in cooperation and mutal
respect between the two communities with certificates and a song sung by
Floyd Hand and Chief Red Cloud.
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The Chadron Record
Tribal, city officials seek common ground
By GEORGE LEDBETTER- Record Editor
3/8/06
A two-hour meeting Monday between officials of the Oglala Sioux Tribe
and the Chadron City Council brought a general consensus that both
groups could benefit from greater cooperation and understanding.
However little specific action came from the meeting, which was arranged
at the request of OST vice president Alex White Plume, beyond an
agreement to continue discussion of law enforcement issues raised by
some tribal representatives.
“I hope from this meeting you actually do something,” said Brian
Swallow, a Chadron resident and one of about 40 people attending the
meeting. “Native American families in this town are having a hard
time. If you want this town to work, you need to learn about the
culture.”
The tribal delegation, led by White Plume and Oglala Chief Oliver Red
Cloud, came to Chadron following a meeting of the Sheridan County
Commission which included discussion about the renewal of liquor
licenses for three businesses in White Clay, the nearest Nebraska town
to the officially ‘dry' Pine Ridge Indian Reservation.
Tribal representatives and members of Nebraskans for Peace have tried
for several years to stop alcohol sales in White Clay, because, they
say, most of the intoxicant ends up on the reservation where problems of
alcohol abuse are rampant.
“White Clay has been labeled the Skid Row of Nebraska,” said Russell
Means, a well-known Indian activist. “If the surrounding area is going
to increase tourism, you have to get rid of your Skid Row...As
Nebraskans, you should use your influence.”
“All of you carry the burden of White Clay,” added Frank LeMere, a
Winnebago tribe member from eastern Nebraska. “People are aware of
this part of Nebraska and they lump you in with White Clay. You are a
border town.
And Chief Red Cloud alluded to both moral and legal reasons for closing
the White Clay liquor stores. “Who gave Nebraska the right to sell
alcohol on Indian land?” he asked, referring to an ongoing dispute
over treaty rights and the elimination of a ‘buffer zone' put in place
in the late 1800s to prevent alcohol from being sold to reservation
residents. “That alcohol, what it do, makes a family come to tears,”
he added. “Public safety, we don't have it.”
Other comments from members of the tribal delegation brought up
references to racism in Chadron, particularly in the treatment of
Indians by police, and calls for a greater effort by white residents to
understand Indian culture and language.
But there were also mentions by several people of positive aspects of
the community's race relations, and its willingness to cooperate with
the tribe. “We were wanting to have meetings with all of the border
towns. Chadron was the only one to stand up,” said White Plume.
A church on the reservation has a sister parish relationship with
Chadron's Catholic Church , said Dar Walks Out, and the community has
hosted and supported riders on the annual Crazy Horse ride. “I think
it's a positive thing,” she said. “We are working to better our
relations with the people of Chadron.”
The reservation and town can both benefit economically from greater
cooperation and understanding, said Means. “This area can be an
example to all of America if we work together on an economic basis,”
he said. “Economics tend to solve social problems.”
‘We need to build a foundation...not only on economic advantage, but
mutual respect,” said city manager Al Vacanti. “Just for the green
is not the reason. There has got to be respect beforehand. There has to
be the trust.”
"We do have resources to offer," said Chadron State College dean Kathy
Bahr. "We never get past generalities...Chadron would like to
participate. Let us know how."
And the efforts of local individuals and businesses were recognized
specifically by the tribe, which presented plaques to KCSR radio owners
Dennis and Kathy Brown, Darla Waite of NPPD, and Adam Gardner of
Wal-Mart. Brown has included reservation school closings and other news
in his radio broadcasts, Wal-Mart generously helped the tribe with
donations to its annual pow wow, and Waite was quick to restore power to
a family which had its supply cut in the midst of a family crisis, said
Joe Red Cloud, from the OST Vice Presidents office.
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"Shull, Gene" ; wrote:
I AM IN NEED OF A TRANSLATION FOR THE FOLLOWING NAMES THAT COME FROM THE
"LAGUNA PUEBLO" IN NEW MEXICO. THE REASON THESE NAMES ARE SO IMPORTANT
TO ME IS THAT THEY ARE MY GRANDPARENTS, THEIR CHILDREN & THEIR PARENTS
WHO ARE ALL DECEASED NOW.
I KNOW THAT THEY ARE NOT TRANSLATED TO ACTUAL NAMES BUT MAYBE A
DESCRIPTION OR AN ACTION OR BEHAVIOR.
CAN YOU HELP ME?
NAMES AS WRITTEN ON BIA CENSUS CARDS:
1. Yse-ya-le
2. Gy-u-nia
3. Gu-yia
4. Ki-e-mia
5. Shuriya
6. Scheynua
7. O-u-ya
8. Ze-not-sia
9. Ze-not-tia
10. Tseyale
11. Ha-si-sia
12. Ze-uni-du-witya
13. Sha-we-r-tzia
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Interesting website:
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Native American Resource Directory for Juvenile and Family Court Judges
http://www.ncjfcj.org/images/stories/dept/ppcd/pdf/tribalbulletin.pdf
California Judges Benchguide to the Indian Child Welfare
http://www.calindian.org/icwa.htm
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News articles
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Report: Ancient Kennewick Man deliberately buried, not a flood victim
http://www.kumeyaay.com/news/news_detail.html?id=3688
Kennewick Man is whispering across 9,000 years
http://seattletimes.nwsource.com/html/localnews/2002825565_kennewick24m.html
Norton bows out of Interior
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4533556,00.html
Hohokam clues preserved at site of future homes
http://www.azstarnet.com/allheadlines/119384
State court intervenes in casino case
http://www.kumeyaay.com/news/news_detail.html?id=3691
In Yurok Country
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/09/13/MNYUROKMAIN13.DTL
Mesa Verde National Park celebrates its 100th birthday with special
events in the land of the long-vanished Anasazi
http://www.dfw.com/mld/dfw/living/travel/14000588.htm?source=rss&channel=dfw_travel
CSUSM hosts forum on American Indian education
http://www.kumeyaay.com/news/news_detail.html?id=3686
DORREEN YELLOW BIRD COLUMN: Spirits soar on eagles' wings
http://www.grandforks.com/mld/grandforks/news/columnists/dorreen_yellow_bird/14015034.htm
Time for tribes to go smoke-free
http://www.grandforks.com/mld/grandforks/news/columnists/dorreen_yellow_bird/13978373.htm
Deal will preserve Honey Bee - Four disparate groups agree to save
historic Indian village
http://www.azstarnet.com/dailystar/allheadlines/118001.php
Remembering a Massacre
http://www.reznetnews.org/culture/060303_vigil/
Data needed on American Indian Internet use
http://www.fcw.com/article92407-02-23-06-Web&RSS=yes
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Notices & Events:
(Please use your own best jusdgement before you engage in any
activities. I am posting these as FYI only.)
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Danadaliheligv (Congratulations) to the Cherokee National Youth Choir!
They have been nominated for a NAMMY (Native American Music Award) in
the Gospel/Christian category! Now, I only tell you that to ask for
help. The winners are chosen by the general public, which means YOU CAN
HELP! Just visit the Native American Music Awards website to listen to
great music by Native Americans, and you cast your vote and help choose
the winners! The deadline for voting is only a few weeks away, so
please vote now:
http://www.nammys.com
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california legislature200506 regular session
ASSEMBLY BILL No. 2666
Introduced by Assembly Member Goldberg
(Principal coauthor: Senator Speier)
February 24, 2006
An act to add Section 68077.5 to the Education Code, relating to
public postsecondary education.
legislative counsels digest
AB 2666, as introduced, Goldberg. Public postsecondary education:
resident classification: members of recognized tribes.
Existing law establishes the University of California, the California
State University, and the California Community Colleges as the 3
segments of public postsecondary education in this state. Existing law
requires that each student at these institutions be classified as a
resident or a nonresident, and further requires that each student
classified as a nonresident be required to pay nonresident tuition,
except as otherwise provided.
Existing law provides criteria for the determination of a students
place of residence. Notwithstanding these criteria, a provision of
existing law requires that a student who is a graduate of any school
located in California that is operated by the United States Bureau of
Indian Affairs is entitled to resident classification.
Pursuant to existing federal law, these are 562 tribal entities
recognized and eligible for funding and services from the United
States Bureau of Indian Affairs by virtue of their status as Indian
tribes.
This bill would express findings and declarations of the Legislature
with respect to members of tribal entities. The bill would require that,
notwithstanding the criteria in existing law for the determination of a
students place of residence, a student who demonstrates that he or she
is a member of a tribal entity recognized by, and eligible to receive
services from, the United States Bureau of Indian Affairs is entitled to
resident classification. To the extent that the bill would require
community college districts to change their procedures relating to the
determination of the residency status of their students, the bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Our nation has a unique legal relationship with Indian
tribes that is recognized in the Constitution, statutes, and treaties
of the United States.
(2) There is a long history of federal involvement in the field
of tribal education.
(3) For decades, many tribal members have been obliged to
cross state lines to pursue elementary, secondary, and
postsecondary education at schools sponsored by the federal
government.
(4) Thus, more than any other group of Americans, and
particularly with respect to education, members of federally
recognized tribal entities may truly be considered to be residents
of the United States rather than residents of a particular state.
(5) The State of California has long recognized the special
status of members of federally recognized tribal entities in the
field of higher education.
(6) Under Section 68077 of the Education Code, a student who
is a graduate of any school located in California that is operated
by the United States Bureau of Indian Affairs is entitled to
resident classification irrespective of that students place of
residence.
(b) Therefore, it is the intent of the Legislature to enact
legislation to require that a student who is a member of a tribal
entity recognized by the United States Bureau of Indian Affairs is
entitled to resident classification.
SEC. 2. Section 68077.5 is added to the Education Code, to
read:
68077.5. Notwithstanding Section 68062, a student who
demonstrates that he or she is a member of a tribal entity
recognized by, and eligible to receive services from, the United
States Bureau of Indian Affairs is entitled to resident
classification.
SEC. 3. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
----------
This is to let you know that Assemblymember Jackie Goldberg introduced
today, February 24, 2006, AB 2666: Resident Classification for Members
of Recognized Tribes in Public Postsecondary Education.
This bill would entitle any student who is a member of a tribal entity
recognized by, and eligible to receive services from the BIA, resident
classification in any California institution of higher education.
AB 13: California Racial Mascots Act has also been introduced for the
fourth time. As you may know, the Governor vetoed the bill the past two
years, but as of yesterday, consideration of the Governor's veto was
stricken from the file and it is on for another try this legislative
year.
Our thanks go to Curtis Notsinneh and Assemblymember Goldberg for their
commitment to our communities.
--------
Subject: RE: AB 2666 & AB 13
I am saddened to let you all know that we did not reintroduce the mascot
bill this year. This decision was made because the bill, even in its
watered-down version, has made it to the Governors desk twice and he
has twice vetoed the legislation. All indications from the Governors
office to our office is that he would veto any version that the
legislature puts before him. Thus, Jackie and I decided to not
introduce legislation, but will instead submit a strongly worded
resolution denouncing the practice that will be put before the
legislature but does not go before the governor.
But we have introduced two Indian education bills this year, I have
attached the language to this email. As Cindy mentioned, AB 2666 deals
with resident classification for American Indians in public institutions
of higher education. AB 2665 seeks to further Indian education in the
K-12 arena by creating an Indian Education Commission as part of the
state government in cooperation with tribal governments and tribal
educators.
Both bills will require a substantial level of support from the
community. I have been working with administrators of higher education
to drum-up support from an institutional perspective, but community
support will make all the difference with these two bills.
Please feel free to contact me if you have any questions or concerns.
Thanks,
Curtis
Curtis I. Notsinneh
Office of Assemblymember Jackie Goldberg
State Capitol Building
Sacramento, CA 95814
Ph: (916) 319-2045
Fx: (916) 319-2145
curtis.n-@asm.ca.gov
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EAGLE PLUME CULTURAL CLUB CELEBRATION
JUNE 16 AND 17 2006
STANDING ARROW POWWOW GROUNDS
ELMO, MONTANA
FLATHEAD RESERVATION
CONTESTS ALL CATEGORIES, RUN ON POINT SYSTEM
GRAND ENTRY 7 PM FRIDAY, JUNE 16
1 AND 7 PM, JUNE 17
first 10 drums paid each session
OPEN STICKGAMES FRIDAY AND SATURDAY
WHITE BIRD: HOST DRUM FROM WELLPINIT WASHINGTON
EMCEE: THOMAS MORNING OWL, PENDLETON OREGON
OUTGOING ROYALTY: GRANDMA EAGLE PLUME, DIANE MICHEL
GRANDPA EAGLE PLUME, JOHN STANISLAW
CAMPING/ SHOWERS AVAILABLE
LIMITED RV SPACES ( FIRST COME FIRST SERVE)
VENDOR SPACE AVAILABLE
MORE INFO CONTACT AGGIE INCASHOLA AT 406-675-0292 DAYS
406-675-0696 EVES AND WEEKENDS
406-212-2986 CELL PHONE
DRUG AND ALCOHOL FREE EVENT. SUBJECT TO SEARCH
---------------
FOR IMMEDIATE RELEASE
Arizona Production Company to Make Feature Film About The Navajo People
First Feature Film to feature all Navajo People playing Navajos
Phoenix, Arizona--A production company based in Mesa, Arizona, Holt
Hamilton Productions, LLC is producing a feature length film aimed at
the Native American Community. The film, entitled Turquoise Rose, is a
coming of age story of a Navajo girl named Turquoise Rose. The story
follows Turquoise, a photojournalism major at the state
university as she begrudgingly forgoes a trip to Europe with her friends
to return to the Reservation and take care of her ailing grandmother.
Through this! experience however, Turquoise comes to understand and
appreciate her heritage and ancestry better. She strengthens her
relationship with her grandmother, falls in love, and has many
experiences that she otherwise would not have had.
"It was important to me to make a movie about the Navajo people, because
I want people to see them the way I see them," says Holt Hamilton, the
writer,producer and director of the film. Hamilton, who lived on the
Navajo Reservation for two years, goes on to say, "there have been very
few pictures made that are aimed specifically at this
audience, they are hungry for a positive story and movie about their
people."
This fact is evidenced by the outpouring of support from the Navajo
Community. Hamilton has received letters of support and encouragement
from Frank Dayish, Jr, Vice President of the Navajo Nation, as well as
invitations to speak on the Reservation, and numerous articles written
about the project.
All Navajos playing Navajo roles Hamilton and Associate Producer, Jake
Johnson held auditions in Phoenix and on the Navajo Nation in the summer
of 2005, with the goal of casting not only all Native Americans to play
Native American roles, but to make a cinematic first of casting all
Navajo people in Navajo roles. "At the auditions,
everyone kept asking us, 'who is the star of this movie', and we told
them, 'that is why we are here, to find the stars,'" said J. Johnson.
And find the stars they did. "We were really impressed with the talent
that we saw at the auditions" said Hamilton. Eventually they selected
Natasha Kaye Johnson to play the role of Turquoise, and Deshava Apachee
to play the role of Harr! y Bahe, the love interest of Turquoise.
"Natasha and Deshava just clicked, there was a chemistry between them
that was perfect for the story," said J. Johnson. It was amazing to see
these characters, nearly exactly how we pictured them as we were
developing them in the story, it was clear that we had found our two
main actors," added Hamilton.
Written during Operation Iraqi Freedom Hamilton had long wanted to make
a movie about the Navajo people, and while stationed in Kuwait with his
Army Reserve Unit, as part of Operation Iraqi Freedom, Hamilton got the
chance to begin. "We had a lot of downtime, there was a lot of waiting
around," said Hamilton. "I was frustrated because I had been pulled out
of film school, and felt like I was just wasting time sitting around, so
I began exploring the idea for a story," continues Hamil! ton. He goes
on to say, "Two female soldiers in my u nit, one of whom was Navajo; it
was the two of them who really supplied me with the idea of Turquoise."
In these long, hot and dusty days, Hamilton completed a few drafts of
the story. When he returned to the states, he shared it with Johnson. In
collaboration between the two of them over several months, the story was
refined and the script written. While the story is fictitious, it was
important to both Hamilton and Johnson for it to be
completely authentic and real. To ensure that the story remained
continually anchored in truth and that in particular it accurately
represented Navajo culture, the team consulted with Mr. Julius Tulley.
Tulley who was born and raised on the Navajo Reservation in Blue Gap,
Arizona will serve as Technical Advisor for the picture. Regarding
Tulley, Hamilton said, "His expertise in the language and culture has
helped to bring an authentic portrayal of the Dine' into the production
of Turquoise Rose. His genuine sensitivity to his homeland and Nation
make his contribution to this film invaluable and necessary."
Public Support Turquoise Rose is scheduled to begin shooting in April
2006. The production budget for the film is very modest, the bulk of
which the production company is raising through donations and a few
investors. "While this! is a picture specifically about a Navajo woman,
it is a story that anyone can identify with," said Executive
Producer Brendon Lundberg. "Everyone has to come to a point in their
life when they take the things they have been taught and how they've
been raised, look at who they want to become, and then somehow reconcile
those things to become the per! son that they ultimately are," continues
Lundberg. "It is that reason that this story will have appeal and will
find success beyond the Navajo Nation, or beyond the Native American
Community in general. Regardless of who we are, we all face similar
experiences," concluded Lundberg.
The film's website, www.turquoiserosethemovie.com has more information
on how those interested can get involved, from donation opportunities,
to promoting the film.
# # #
For more information on Turquoise Rose, please visit
www.turquoiserosethemovie.com.
Holt Hamilton Productions LLC is a private-held Film and Video
Production Company, with an emphasis on documentary and narrative
filmmaking, based in Mesa, AZ. Other productions of Holt Hamilton
include Rez Dogs, Sending the Signal, Chasing Wings and several others.
For more information on the company please visit
www.hhprod.com.
ASDZA SHASH PRODUCTIONS WEBSITE:
http://www.asdzashash.com
---------------
Seeking Book Donations for The New Orleans Public
Library (New Orleans LA)
In an effort to restock its shelves after Hurricane Katrina, the New
Orleans Public Library is asking for donations of hardcovers and
paperbacks for people of all ages. Library staff will decide which books
should go into its collection; the rest will go to destitute families or
be sold to raise funds for the library.
Please send books to: Rica A. Trigs, Public Relations, New Orleans
Public Library, 219 Loyola Ave., New Orleans, La. 70112.
Apparently if donors mention to the Postal Service that the books are
for the library in New Orleans, they will be able to send the books at
the library rate, which is slightly less than the book rate.
---------------
We need your support on this legislation. This new proposed
legislation
AB 2641 provides:
"This bill would include within the definition of a cemetery, a
Native American burial ground, as defined, and would make conforming
and technical, nonsubstantive changes. By expanding the definition of
a cemetery and related crimes, this bill would impose a
state-mandated local program."
Please contact your local Assemblymembers and Senate members to express
your support.
BILL NUMBER: AB 2641 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Coto
(Coauthor: Senator Ducheny)
FEBRUARY 24, 2006
An act to amend Section 7003 of the Health and Safety Code, and to
amend Section 5097.98 of the Public Resources Code, relating to
cemeteries.
LEGISLATIVE COUNSEL'S DIGEST
AB 2641, as introduced, Coto Native American grave sites.
Existing law provides a system for the regulation of cemeteries
and defines a cemetery to include, among others, a place where 6 or
more human bodies are buried. Violations of provisions relating to
the protection of cemeteries is a crime.
This bill would include within the definition of a cemetery, a
Native American burial ground, as defined, and would make conforming
and technical, nonsubstantive changes. By expanding the definition of
a cemetery and related crimes, this bill would impose a
state-mandated local program.
Existing law establishes the Native American Heritage Commission
and authorizes the commission to bring an action to prevent damage to
Native American cemeteries or places of worship. Existing law, the
California Native American Grave Protection and Repatriation Act of
2001 requires all state agencies and all museums that receive state
funding to inventory Native American human remains and cultural items
in their possession for return to the appropriate tribes.
This bill would require a landowner to consult with the most
likely descendents, as determined by the commission regarding the
preservation of any Native American burial ground discovered on the
property owner's land.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7003 of the Health and Safety Code is amended
to read:
7003. "Cemetery" means either any
of the following:
(a) Any of the following that is used or intended to be used and
dedicated for cemetery purposes:
(1) A burial park, for earth interments.
(2) A mausoleum, for crypt or vault interments.
(3 )A crematory and columbarium, for cinerary interments.
(b) A place where six or more human bodies are buried.
(c) A Native American burial ground. For the purposes of this
section, "Native American burial ground" means a place containing six
or more Native American graves. For the purposes of this section, a
"Native American grave" means a place whether originally below, on,
or above the surface of the earth including, but not limited to, a
rock cairn or a pyre, where human remains of a Native American, as
identified pursuant to subdivision (c) of Section 7050.5, were placed
after death as part of a death rite or ceremony of Native American
culture.
SEC. 2. Section 5097.98 of the Public Resources Code is amended to
read:
5097.98. (a) Whenever the commission receives notification of a
discovery of Native American human remains from a county coroner
pursuant to subdivision (c) of Section 7050.5 of the Health and
Safety Code, it shall immediately notify those persons it believes to
be most likely descended from the deceased Native American. The
decendents descendents may, with the
permission of the owner of the land, or his or her authorized
representative, inspect the site of the discovery of the Native
American remains and may recommend to the owner or the person
responsible for the excavation work means for treating or
disposing treatment or disposition , with
appropriate dignity, of the human remains and any
associated grave goods. The descendents shall complete their
inspection and make their recommendation within 24 hours of their
notification by the Native American Heritage Commission. The
recommendation may include the scientific removal and
nondestructive removal and analysis of human
remains and items associated with Native American burials.
(b) Whenever the commission is unable to identify a descendent, or
the descendent identified fails to make a recommendation, or the
landowner or his or her authorized representative rejects the
recommendation of the descendent and the mediation provided for in
subdivision (k) of Section 5097.94 fails to provide measures
acceptable to the landowner, the landowner or his or her authorized
representative shall reinter the human remains and items associated
with Native American burials with appropriate dignity on the property
in a location not subject to further subsurface disturbance.
(c) The inadvertent discovery of a Native American burial
ground, as defined in subdivision (c) of Section 7003 of the Health
and Safety Code, is a significant unanticipated discovery requiring
additional consultation. The landowner or his or her authorized
representative shall consult with the most likely descendent, as
designated by the commission and shall address every feasible option
for the preservation of the cemetery, in situ ,
including, but not limited to, any items associated with a Native
American grave.
(d) Notwithstanding the provisions of
Section 5097.9, the provisions of this section,
including those actions taken by the landowner or his or her
authorized representative to implement this section and any action
taken to implement an agreement developed pursuant to subdivision (l)
of Section 5097.94, shall be exempt from the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)).
(d)
(e) Notwithstanding the provisions
of Section 30244, the provisions of this
section, including those actions taken by the landowner or his or
her authorized representative to implement this section, and any
action taken to implement an agreement developed pursuant to
subdivision (l) of Section 5097.94 , shall be exempt from
the requirements of the California Coastal Act of 1976 (Division 20
(commencing with Section 30000)).
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
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Humor & unusual things:
-----------------------
Here is a website which shows you how to cook an egg using a cellphone.
I am curious to see if anyone out there tries it and succeeds.
http://www.wymsey.co.uk/wymchron/cooking.htm
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Here are some random historical events for March:
March 1, 1793: Congress passes "An Act to Regulate Trade and Intercourse
with the Indian Tribes." It also passes "An Act Making An Appropriation
to Defray the Expense of a Treaty With the Indians Northwest of the
Ohio."
March 2, 1868: The Seven Bands of Ute treaty (15 stat. 619) is signed in
Washington, D. C.
March 3, 1820: The Mikmaq Afton First Nation reserve of Pomquet - Afton
is established in Nova Scotia. The Bear River First Nation reserve of
Bear River is also established.
March 4, 1870: Louis Riels Metis have taken over the government in the
Red River Colony. They execute Thomas Scott for "taking up arms" against
Riels government. This execution helps to speed up an expedition
against Riels Metis.
March 5, 1861: The Confederacy appoints Albert Pike, of Arkansas, to
negotiate treaties with the Indians in the region. He establishes the
"United Nations of the Indian Territory (present day Oklahoma)" as an
Indian confederacy to oppose the government of Abraham Lincoln.
March 6, 501: Maya King Ahkal Mo' Naab' I ascends to the throne in
Palenque, Mexico
March 7, 1524: Giovanni da Verrazano, sailing for France, anchors near
Wilmington, North Carolina, in the "Dauphine." He kidnaps a child they
encounter to bring back to Europe. Some sources report this happening on
March 1st.
March 8, 1857: Inkpaduta, and a little over a dozen Wapekutah Sioux
warriors, attack a series of settlements in northwestern Iowa along
Spirit Lake. As many as forty settlers are killed.
March 9, 1805: The Grand Chief of Minnetarees visits Lewis and Clark.
March 10, 1957: The Dalles Dam floods sacred fishing areas on the
Columbia River
March 11, 1848: As a part of the Cayuse War, a fight takes place .
Captain McKay, and a force 268, are ambushed by approximately 400
Palouse. The Palouse are allied to the Cayuse.
March 12, 1798: According to Hudsons Bay Company records, two Kootenay
Indians arrived at Edmonton House in Canada. The Indians made their way
through the Rockies during to winter to seek trade.
March 13, 1864: The first group of Navajos finish the "Long Walk" to
Fort Sumner on the Bosque Redondo Reservation, in east-central New
Mexico. During their march, thirteen of the 1,430 who started the trip
are kidnaped by Mexicans or die.
March 14, 1697: The last of the independent Maya tribes, called the
Itza, are finally conquered by the Spanish. The Spanish attack and
defeat the Itza at their capital city of Tayasal, Guatemala.
March 15, 1869: Colonel George Custer, and his troops discovers two
Cheyenne villages, of over 250 lodges, on Sweetwater Creek near the
Texas-Oklahoma boundary. The Cheyenne have been order to report to their
reservation. Custer captures four Chiefs. He threatens to hang the Chief
unless the Cheyenne surrender. Both of the villages decide to give up.
March 16, 1621: Samoset meets the Pilgrims.
March 17, 1853: Joel Palmer becomes superintendent of Indian Affairs in
Oregon . He guides the creation of the Oregon Indian reservations.
March 18, 1877: The "Battle of Yellow House Canyon" takes place near
modern Lubbock, Texas. It involves over 150 Quahadi Comanches led by
Black Horse, and about fifty local hunters. Black Horse had killed a
buffalo hunter who had shot and killed a large number of buffalo in the
area. Black Horse is infuriated by the slaughter of his tribes economic
mainstay. The buffalo hunters sneak up on Black Horses camp and attack
it in retaliation for the killing of the hunter. Some sources list this
as the last significant Indian fights in the Texas panhandle.
March 19, 1851: According to the Costan internet site, one in a series
of treaties with California Indians is signed at Camp Fremont. These
treaties purports to set aside lands for the Indians and to protect them
from angry whites. The Americans are represented by George W. Barbour,
Redick McKee and Oliver M. Wozencraft.
March 20, 1699: Continuing his exploration up the Mississippi River,
French explorer Pierre le Moyne d'Iberville visits the village of the
Houma Indians.
March 21, 1842: General Zachary Taylor estimates that by this date,
2,833 Seminoles have relocated to the Indian Territory (present day
Oklahoma).
March 22, 1622: Opechancanough is Chief of the Pamunkey Indians. They
are part of the Powhatan Confederacy. They attack the English today,
Good Friday, at Jamestown. An Indian, named Chanco, warns his
step-father, Richard Pace, of the impending attack. While the town is
warned, the outer settlements suffer the brunt of the attack. 347 of the
1,240 English are killed in the fighting. This is the first large
"massacre" by Indians in North America.
March 23, 1889: President Benjamin Harrison says part of Oklahoma will
be opened to the public.
March 24, 1617: King James I, of England, decides the Indians of
Virginia must be educated. He directs the Anglican church to collect
funds to build churches and schools.
March 25, 1839: Peter Hilderbrand, and 1,312 of his original group of
1,776 forced Cherokee emigrants arrive in the Indian Territory (present
day Oklahoma). This is the last of the major groups of arriving
Cherokees in the Indian Territory. The migration is called "the Trail of
Tears." Although figures vary according to the source, it is believed
almost 12,000 Cherokees survived the emigration. Almost 4,000 died
during the move.
March 26, 1777: Henry Hamilton is the British Lieutenant Governor of
Detroit. He receives orders to dispatch his Indian allies against
American settlers in Ohio.
March 27, 1814: East of modern Alexander City, Alabama, Andrew Jackson,
and 2000 whites, Cherokees, Choctaws and "White Stick" Creeks, discover
a fort built at the village of Tohopeka on a Horseshoe Bend in the
Tallapoosa River, by " Red Stick" Creeks. The Red Stick Creeks are
anti-white, the White Stick Creeks are pro-white. Jackson attacks the
800 to 1,000 Red Stick Creeks, led by Chief Menewa. The Creek village
and defenses covered approximately 100 acres on the peninsula made by
the bend in the river. To cross the river, Jackson's Cherokee allies,
led by Chief Junaluska, swim the river to steal Creek canoes. Jackson's
forces eventually set fire to the Red Stick Creeks' wooden barricade. In
the end, only about fifty of the Red Stick Creeks survive the battle.
Jackson's forces lose forty-nine soldiers and twenty-three warriors
killed, and 157 soldiers and forty-seven warriors wounded. Jackson's
forces capture approximately 300 women and children. The Red Stick Creek
leader William Weatherford is not at the battle. Weatherford will turn
himself in later. This defeat leads to the Treaty of Horseshoe Bend
signed on August 9, 1814, whereby the Creeks gave up twenty-three
million acres of land to the United States.
March 28, 1676: After attacking a military group near the town two days
before, King Philip's forces attack the village of Rehoboth,
Massachusetts. While most of the townspeople survive in barricaded
homes, most of the town is razed.
March 29, 1542: Hernando de Soto's expedition reaches the territory of
the Anilco Indians. As with many of his previous encounters, a battle is
fought.
March 30, 1870: Based on the Congressional Act of April 8th, 1864, and
today's Executive Order by President Grant, Round Valley Reservation is
established in Mendicino County, California. It one day houses Clear
Lake, Concow, Little Lake, Nomelaki, Pit River, Potter Valley, Redwood,
Wailaki, and Yuki Tribes, in fifty and a half square miles.
March 31, 1882: The Havasupai Reservation boundaries, in Arizona, are
modified.
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That's it for now.
Have a great month.
Phil Konstantin
http://americanindian.net
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End of Phil Konstantin's March 2006 Newsletter
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