Robert Smith Agrees That Margarita Brittain's Daughter is 1/2

This is a document signed by Robert Smith acknowledging that the Daughter of Margarita Brittain (Britten), Casilda Welmas, is 1/2 Indian.

  Robert Smith Acknowledges that the Daughter of Margarita Brittain is 1/2 Degree Indian Blood

1984 Pala General Council Meeting

1984 Pala General Council Votes To Correct Margarita Brittain's Blood Degree To Fullblood

BIA Enrollment Specialist Elsie Lucero - Affidavit

Elsie Lucero Affidavit Filing May 30 2012

1989

Margarita Britten Determined to be fullblood 4/4 Cupa FINAL

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

Margarita Brittain Fullblood Cupa Indian

1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian

Carolina Nolasquez testifies Margarita and Merced had the same father.

1921 July 22 Sworn Testimony Carolina Nolasquez at the Probate Hearing for Merced Nolasquez by kupa821

1925 Pala Census

1925 Pala Census

***WARNING***

Chairman Robert Smith, Chairman of the Pala Band of Mission Indians, Pala Band of Luiseno Indians, Pala Band of Luiseno Mission Indians of the Pala Reservation, is monitoring your comments.  He is going to track your IP address and "take action" against any tribal member posting comments he does not like.

February 24, 2012 BIA Recommends That Pala Reverse Its Disenrollment Decision

On February 24, 2012 the BIA recommended to Pala's Executive Committee that it reverse its disenrollment decision.

24 Feb 2012 BIA Recommends Reversing Pala Disenrollments

Pala's Chairman Robert Smith Writes A Letter

The Chairman of the Pala Band of Mission Indians wrote a letter to the San Diego Reader in response to an article written by Siobhan Braun titled Can you find the big secret in this casino? Reservation’s reservations.

You can read all of Chairman Smith's letter here under the heading Attention to Detail:

San Diego Reader Editorial Inbox - Attention to Detail by Robert Smith

Part of Chairman Smith's letter reads:

"Additionally, the blood requirement to receive a land allotment in 1913 for any Native American was 50 percent. This was determined by the federal government, not by the Pala tribe."

Margarita Brittain received an allotment in 1913 along with all her children which makes her children 1/2.

Here is the 1913 Allotment roll.  Margarita Brittain is listed as 4/4 and her children as 1/2.  Thus all the disenrolled members of Pala are eligible for enrollment under Pala's Constitution as they posses 1/16 Blood of the Band.

1913 Pala Enrollment Approved by Secretary of the Interior by kupa821

BIA Recommendation February 24, 2012

The first 8 disernolled Margarita Brittain descendents appealed the Executive Committee's decision to disenroll to the BIA.  The BIA responded to the appeal recommending that Pala's Executive Committee reverse their decision.  Here is that recommendation:

Feb 24, 2012 Pala Disenrollments BIA Decision To Recommnend Re-enrollment

Margarita Brittain 4/4

1913 Pala Enrollment Approved by Secretary of the Interior

Margarita Brittain - Fullblood Kupa

1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian

Robert Smith - Margarita Brittain's Daughter is 1/2 Degree Indian Blood

This is a letter signed by Robert Smith addressed to the Agua Caliente Band of Cahuilla Indians stating Margarita Brittain's daughter, Casilda Welmas possesses 1/2 Degree of Indian Blood.

Robert Smith Acknowledges that the Daughter of Margarita Brittain is 1/2 Degree Indian Blood

Margarita Brittain 101

In the late 1950's, early 1960's Pala began organizing itself and establishing a government to government relationship with the BIA.  This was done in part so the tribe could pursue economic development.  At this time this consisted of pursuing Sand and Gravel operations.  There were probably other economic development plans as well that I am not aware of.

In order for the tribe to pursue economic development and distribute per capita payments membership had to be defined, an enrollment process established, and a base roll for the tribe needed to be created.

An Enrollment Committee was formed to discuss how this process should occur and what standards would be established.  Here are the 5 points they considered:


Pala Enrollment Committee - 5 points to be considered for enrollment

We can see from these 5 points that some but not all of these points were adopted. 1/16 was decided as the minimum blood degree. This standard was included in the Articles of Association and later in Pala's Constitution. But we know people moved from Warner's were not all considered fullbloods. Everyone listed on the 1913 Pala Allotment Roll are listed as full or half. Margarita Brittain is listed as full while her children are listed as half. If the standard of counting everyone that was moved from Warner's as fullblood was adopted then Margarita Brittain's children would have been counted as fullblood as well.

The original 1913 Pala Allotment Roll was a hand written document and did not contain blood degrees. But the alloting agent did make notes for all or some of the individuals. In addition the BIA also had Individual Family History cards for many as well as other documentation of blood degree.

An inquiry was made to the Department of the Interior about the blood degree of certain individuals including Margarita Brittain.  The Department of the Interior issued this letter in 1962:


1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian

The letter states that on December 5th, 1910 Special Alloting Agent Mr. L.W. Green recorded Margarita Brittain as a fullblood Cupa Indian.

We can see on Margarita Brittain's selection for Allotment that the agent was L. W, Green:

1911 Margarita Britten Selection for Allotment (Brittain)


We can see on the 1913 Pala Allotment Roll that Margarita Brittain is recorded as 4/4:


1913 Pala Enrollment Approved by Secretary of the Interior


However on the copy Pala had of the 1913 Roll that the tribe used for enrollment purposes someone circled 4/4 next to Margartia Brittain and wrote 1/2 next to it.  They wrote 1/4 next to her children.  The changes are not noted in anyway:


1913Nov3_PalaAllotmentRoll_PenandInkChange0001

In the mid-1970's this error was discovered.  In 1984 Pala's General Council voted to correct Margarita Brittain's blood degree to 4/4.

In 1985 the tribe requested a Per Capita distribution.  At the time the Original Enrollment Ordinance required Department of the Interior approval of the rolls before a Per Capita Distribution could be made.  In 1986 the BIA recommended that the Secretary authorize the BIA to officially record Margarita Brittain's blood degree as 4/4:


1986 BIA Letter Authorizing The Secretary to Record Margarita Brittain as 4/4

This decision was appealed and in 1989 the BIA issued their Final Decision that Margarita Brittain is fullblood:

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

BIA Enrollment Specialist Elsie Lucero - Affidavit

From time to time I find it helpful to re-read this

 Elsie Lucero Affidavit Filing May 30 2012

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

1986 BIA Letter Authorizing The Secretary to Record Margarita Brittain as 4/4

1986 BIA Letter Authorizing The Secretary to Record Margarita Brittain as 4/4

BIA Affirms Margarita Brittain is Fullblood In 1962

1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian

1989 BIA Final Decision - Margarita Brittain is Fullblood

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

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?

February 24, 2012 BIA Recommendation

The first 8 disernolled Margarita Brittain descendents appealed the Executive Committee's decision to disenroll to the BIA.  The BIA responded to the appeal recommending that Pala's Executive Committee reverse their decision.  Here is that recommendation:

24 Feb 2012 BIA Recommends Reversing Pala Disenrollments