Karuk gaming ordinance approval unacceptable
By Roy Hall Jr., Chairman, Shasta Nation
Siskiyou Daily News
June 11, 2012
Scott Valley — The review and approval of the Karuk Tribe of California Tribal gaming ordinance without the review of the Sovereign Shasta Nation is not acceptable. The document is flawed with abundant errors and omissions of fact.
By the Karuk Tribe’s own admission of fact, 2004 map of tribal territory they were never in the Yreka area. The Karuk tribe trust lands in Yreka and Happy Camp cannot be truly restored, therefore unlawful to engage in gaming in either location.
How does Shasta aboriginal land be restored as Karuk lands?
The Karuk Tribe has no ties to the land above Clear Creek on the Klamath River. They did not sign Treaty R. nor are they descendants of Treaty R. signors.
The Karuk Tribe has never established a legal tribal role pursuant to federal requirements.
Professor Bright states “Treaty R. from Scott Valley is a problem for him.” Because Professor Bright has studied the Karuk language for years, and he did not understand the names on the Treaty R. with the Upper Klamath, Shasta and Scott’s river, 1851. Nov. 4.
Bright: “The Treaty supplementary” to Treaty Q. clearly refers to the Karuk!
SB 18 refers to Public Resources Code $ 5097.9 and 5097.995 to define cultural places:
The Shasta Nation will not be able to protect and preserve our cultural places. The National Historic Preservation Act as a national policy includes a section 106 review process that requires consultation to mitigate damage to “historic properties.”
As described in the National Register Bulletin 38, whenever any agency directs a project activity or program using any federal funds or requiring a federal permit, license or approval, a section 106 review is required.
NEPA requires every federal project to include in an Environmental Impact Statement documentation of environmental concerns, Presidential Executive order 13007, Indian Sacred Sites, ensures that federal agencies are as responsive as possible to the concerns of Native American Tribes regarding their cultural places.
Public Resources Code $ 5097.9, which mandates noninterference of free expression or exercise of Native American religion on public lands, promotes preservation of certain Native American cultural places by ensuring tribal access to these places.
Graveyard Gulch on the Scott River is a prehistoric Shasta burial ground (cemetery). Cedar Gulch, also in Scott Valley, is a prehistoric Shasta burial ground, numerous Shasta Indians are buried there. There are numerous additional burial grounds (cemetery) of the Shasta Nation around Scott Valley, Shasta Valley and the Upper Klamath area.
The Karuk Tribe’s use and the recognition thereof of Treaty R. as the Karuk Tribe’s Treaty, places in its entirety the Shasta Nation custom and culture in imminent peril of destruction.
SB 18 uses the term (a non federally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.)
The Shasta Nation is duly authorized by the NAHC as the contact tribe for all of Siskiyou County and the section of Shasta County.
In the 2004 opinion NIGC, noted that the Yreka parcel was located within the cessation area of a treaty that was signed on Nov. 4, 1851, you recognize that there were other signatories other than the Karuk Tribe. Treaty R. is in it’s entirety Shasta people. The Karuk Tribe and BIA submitted false evidence, without historical proof of accuracy or connection to Happy Camp or Yreka. Therefore lying to congress, a felony action.
There is no evidence of historical connection between the Karuk Tribe and the vicinity of the Yreka trust property.
A tribe is sovereign, it does not receive its power from the federal government, but gives up rights to the government in a ratified treaty, the Shasta Nation has not given up any tribal rights or authority. The Shasta Nation aboriginal lands remain Indian Country status.
Because the Shasta Nation is sovereign, it has inherent powers of a limited sovereign that has never been taken away, and is its own source of power. Thus a tribe’s right to establish a court or levy a tax is not subject to attack on the ground that Congress has not authorized the tribe to take these actions, the tribe is sovereign and needs no authority from the federal government.
The Shasta Nation has established a tribal court of law, tribal law has regulatory and civil jurisdiction over federal and state law in tribal matters or tribal interests.
Federal officials acting without congressional authorization are not capable of waiving tribal immunity. The Supreme Court in Seminole then addressed the argument that, even if the state could not be sued, a suit for injunctive relief could be maintained against the governor or other state officials under the doctrine of Exparte Young, Young enjoins the fiction that at state officer acting in violation of federal law does not really act for the state, and therefore can be enjoined.
It is the federal-tribal relationship and not the tribe that is terminated by statute or otherwise. The Shasta Nation will be exercising it’s tribal sovereign authority over our aboriginal territory (unextinguished title), in a lawful manner.
Treaty R. has never been ratified, therefore The Shasta Nation has never been incorporated into the United states, retaining unextinguished title, Commerce Clause of the Constitution. The Secretary of Commerce and the Secretary of the Interior have no dealings with a tribe not on the list of recognized tribes, therefore the Shasta are only within the authority of Congress. The secretaries have no authority over the Shasta Nation.
The NIGC has no legal evidence of the Karuk Tribe’s historical connection to Happy Camp and Yreka, the Shasta Nation sovereignty cannot be compromised by NIGC for an alien tribe. Shasta Nation historical and cultural sites including but not limited to legally established cemetery, burial sites will be lost the Shasta, destroying our tribal identity. Federal law requires that NEPA, Presidential order 13007 Indian Sacred Sites and the National Historic Preservation act as a national policy includes a 106 review process.
NIGC assumption that inaccurate Karuk Tribal oral history takes precedent over all applicable federal and state law and Shasta tribal sovereignty. NIGC is assuming they have Congressional power to abrogate a tribe, or tribal sovereignty of the Shasta Nation. The Shasta Nation will promptly follow federal and state law in protection of our historic, religious and cultural places within 10 days of your receipt of this document.
The Shasta Nation is respectively asking the NIGC to reconsider their decision to allow Karuk gaming on the Yreka parcels of land, in consideration of this document, supporting law, and the Shasta Nation. Treaty R. is a “Nullity,” however it establishes a tribal land base with tribal sovereignty and Reserved treaty rights of the Shasta with 5th Amendment protections of a “takings of property.”