Kevin Washburn Stepping Down

Assistant Secretary of Indian Affairs (AS-IA) has decided he has had enough.

Head of US Bureau of Indian Affairs announces resignation

By Felicia Fonseca, Associated Press

FLAGSTAFF, Ariz. (AP) — The head of the U.S. Bureau of Indian Affairs announced Thursday that he is resigning and will return to New Mexico as a law professor.

Kevin Washburn, a member of the Chickasaw Nation of Oklahoma, has been on leave from the University of New Mexico since he was selected in 2012 to oversee Indian Affairs for the federal government. He said issues confronting Indian Country, such as youth suicides, have weighed heavily on him, and he wants to dedicate more time to family.

"The responsibilities are just immense, and the challenges are great," he told The Associated Press. "Frankly, it's taken a couple of centuries for the problems to get this bad, and it will take a long time to solve them." [Emph. Added]

Washburn described as recent successes settlements over the bureau's mismanagement of royalties for natural resources on reservations, the reform of leasing regulations, better coordination with tribes and a push for tribes to take over education of their children.

Read Full Article Here-->Head of US Bureau of Indian Affairs announces resignation

On the 1913 Pala Allotment Roll Margarita Brittain is 4/4

In the late 1950's and early 1960's Pala sought to organize itself.  Part of this process was establishing a government to government relationship with the BIA which meant establishing governing documents.  Pala worked to establish the Articles of Association as its governing document.

Pala also sought economic development.  Part of economic development involved per capita payments to its members from business enterprises.  In order for this to happen Pala had to establish an enrollment standard and the BIA had to approve the rolls. This lead to the establishment of Ordinance No. 1 which governed enrollments.

Pala decided to use the 1913 Pala Allotment Roll as the base roll for the tribe.  The original Pala Allotment Roll was hand written by alloting agents and did not have blood degrees.  In the 1960's Pala and the BIA reconstructed this roll to include blood degrees using notes from the Alloting agents, Individual Family History Cards, and other documents.

The Pala Enrollment Committee had 5 points to consider:


Pala Enrollment Committee - 5 points to be considered for enrollment

Notice the Pala Enrollment Committee recommended a minimum blood degree of 1/16.  This was because they wanted to look out for their grand children and great grand children.

Here is the 1913 Pala Allotment Roll as reconstructed in the 1960's.  Margarita Brittain is listed as 4/4 and her children as 1/2:

1913 Pala Enrollment Approved by Secretary of the Interior




Every name on the 1913 Pala Allotment Roll is listed as either 4/4 or 1/2.  This because one had to be at least 1/2 to receive an allotment at Pala.  Margarita's children received allotments.  Also note there is no distinction as to what type of blood degree each person had.  There was a mix of Indians living at Warner's and Indians already living at Pala.  As such Pala is a "Band" of Mission Indians which include Kupa, Luiseno, Kumeyaay, Cahuilla, and Yaqui.  Blood Degrees in the Articles of Association came to be known as "Pala Blood" rather than distinguishing from each group.

Here is Margarita Brittain's selection for Allotment:

1911 Margarita Britten Selection for Allotment (Brittain)

You will notice that the Alloting agent that signed Margarita's allotment selection was L.W. Green.

When Pala inquired into Margarita Brittain's blood degree in 1962 they received this letter from the BIA:
1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian


Notice that it was the alloting agent L. W. Green who made a record that Margarita Brittain was a fullblood Cupa Indian.

My copy of the 1913 Pala Allotment Roll came from my Grandmother, Pauline Pink.  This is the letter that she received with her copy of the roll:

1967 Jan 12 Letter to Pauline Pink Accompanying the 1913 Pala Allotment Roll

BIA Inaction Defies Logic

The history of the United States government versus the Indigenous People of America is long and sordid.  It runs the gambit from genocide, biological warfare, treaty violations, theft of land and resources, and cultural annihilation. 

As the Indian Rights movement took hold a move toward self governance was embraced by the Department of the Interior.  The BIA began working with tribes to help them set up tribal governments.  The goal was self reliance and economic development.  This however still did not stop the BIA or the U.S. Government from meddling in Indian Affairs when it suited them particularly when there were resources such as oil and uranium that the government wanted.

After 1950 a series of Supreme Court decisions handed more power over to the tribes under the heading of Sovereignty.  Still, this did not stop the BIA from overseeing tribal governments, approving their governing documents, and certifying their elections.

By the 2000's Indian Casinos grew to a multi-billion dollar a year industry.  With it came the mentality by the U.S. Government of "hands off" Indian Tribes.  Well, hands off those that have casinos anyway.

Armies of Jack Abramoff type lobbyists flooded Congress.  Their message was clear - "hands off Indian tribes.  Oh, and here is your check to help your re-election campaign".

Tribal Sovereignty was now viewed as powerful as kryptonite against Super Man.  The BIA has routinely for over 10 years now sat on their hands and claimed Tribal Sovereignty prevented them from getting involved in tribal affairs.

Tribal Officials emboldened by the in-action of the BIA have since run amok all over California disenrolling and banishing any members who dare challenge their political power.  Even in cases where it is clear to all that disenrollments should not have happened the BIA claims Tribal Sovereignty and sits on their hands.

Tribal Officials armed with powerful attorneys go to court with one document and one statement for the courts - Tribal Sovereignty - Hands Off.

So now we have this situation at Pala where the Federal Government through the BIA recognizes Margarita Brittain as 4/4 and recommending that disenrolled Pala members continue to be enrolled at Pala. Yet the BIA refuses to get involved beyond a toothless recommendation.

The BIA has in effect allowed the Pala Executive Committee to overturn the BIA's final decision that Margarita Brittain is 4/4.

What's more, the BIA has allowed the Pala Executive Committee to alter the 1913 Pala Allotment Roll which clearly lists Margarita Brittain as 4/4 and her children as 1/2.  In order to get an allotment one had to be at least 1/2 degree of Indian Blood.  If Margarita's children were not 1/2 they would not have received an allotment.  The BIA in 1913 was not exactly looking to hand out allotments to just anyone.  They made sure those that received them were entitled to them.

I do not understand how the BIA can sit idly by claiming Tribal Sovereignty while the Pala Executive Committee violates their 1989 final decision on Margarita Brittain and in effect alters the 1913 Pala Allotment Roll.  If the BIA wanted to they could get involved.  There are more than enough violations committed by the Pala Executive Committee to justify involvement.

The Pala Executive Committee has made a complete mockery of Tribal Self Government and Pala's Governing Documents.  So why does the BIA continue to turn a blind eye not just to Pala but to several tribes up and down the State of California? 

Why does the rise of inaction by the BIA seem to coincide with the rise of Tribal Casinos?

1994 Letter to James Brittain Jr.

This is a 1994 letter from the Department of the Interior to James Brittain Jr., son of James and Flora Brittain, Grandson of Margarita Brittain, and my Great Uncle.


1994 Apr 19 Dept Interior to James Brittain Jr.

The Pen and Ink Changes on the 1913 Pala Allotment Rolls

One of the sources of the continued persecution of the descendents of Margarita Brittain is a copy of the 1913 Pala Allotment Rolls Pala had in its possession in the formative years of its tribal government.

In the 1950'a Pala began formally organizing itself as a tribe and establishing a government to government relationship with the BIA.  Part of this process was establishing the governing documents of the tribe - the Articles of Association.

Pala was also exploring economic development.  They began looking at leasing out some of their land to Sand and Gravel operations.  This was to help provide funding for the tribal government and per capita payments to its members.

Before per capita payments could be made Pala would have to define how it determined its membership and adopt a distribution plan.  Pala decided it would use the 1913 Pala Allotment Roll as the base roll of the tribe.  To be a member one must show lineal descent from the 1913 Pala Allotment Roll and poses at least 1/16 "Pala" blood based on that roll.  This has been enshrined in Pala's governing documents for over 50 years and has been custom and tradition for at least as long.

Sometime in the late 1950's or early 1960's some unknown individual used a pen to circle the 4/4 for Margarita Brittain's blood degree and wrote next to it 1/2. This unknown person then wrote 1/4 next to all her children.

This pen and ink change was made despite the fact that in 1962 a letter was sent to the Pala Enrollment Committee clearly stating Margarita Britten (Brittain) was full blood.

When this occurred and who made the pen and ink changes is largely unknown. Pala then went on to recognize this pen and ink change until the error was discovered. An appeal was then made to the tribe and the BIA to restore Margarita Brittain's blood degree. This is all referenced in the 1989 letter from the Department of the Ineterior to Pala Chairperson Patricia Nelson

The BIA found that the pen and ink change did not appear on the original roll housed in Washington D.C. Further, they found no record or reference justifying the change.

When the Pala Enrollment Committee asked for documentation to verify our blood degree I included a copy of the 1913 Pala Allotment Roll sent to my Grandmother Pauline Pink. I have included here the letter sent to her along with the complete roll. I heard by rumor that the Pala Enrollment Committee claimed the roll to be a forgery of some sorts or that it was tampered with.

I have the original document. It is no forgery which is clear to anyone who sees it. I have uploaded a full copy of that roll.

Further, the only way an individual could obtain an allotment was to be either full blood or half. All of Margarita's children were given allotments. Thus, how can any of them be considered anything but at least 1/2 Indian Blood? As usual, logic does not apply when we consider who sits on the current Pala Enrollment Committee and logic certainly does not apply to Pala's current Chairman, Robert Smith.

Robert Smith has been Chairman of Pala for over 20 years. People of Pala - do you not think it is time for a change in leadership? 1913Nov3_PalaAllotmentRoll_PenandInkChange0001 1967 Jan 12 Letter to Pauline Pink Accompanying the 1913 Pala Allotment Roll 1913 Pala Enrollment Approved by Secretary of the Interior

September 11, 1989 Department of the Interior Lettter to Pala Chairperson Patricia Nelson On Margarita Brittain

The Document Speaks for Itself September 11, 1989 Department of the Interior Lettter to Pala Chairperson Patricia Nelson On Margarita Brit...