Re-Post: 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

Tukumay

To quote a comenter:

"What are u mixed with white ? Mexican ? Obviously you don’t have enough blood. Bitch can you speak your language other than “Tukumay” haha Native is Native" - Anonymous

tomorrow....

One of these tomorrows will hold a brighter future for Pala.

Who's Ready?

The Father of Margarita Brittain - Pelegrino Ortega

The report on heirship for Merced Nolasquez lists Pelegrino Ortega as the father of Margarita Brittain and Merced.  This is nothing new.  We know this as Carolina testified that Merced and Margarita had the same father but different mothers.  Miguella Owlinguish was Margarita's mother.  Who was Merced's mother?

We also know Robert Smith and the rest of his cronies on the Executive Committee ignore all the evidence we provide.  It is said Robert tells everyone that PBMI now uses the 1928 California Indian Judgement Rolls (CIJR) as the base roll of PBMI instead of the 1913 Allotment Rolls.  This is a violation of Robert's illegal Constitution.  But beyond that if Robert is really using the 1928 CIJR applications as the base roll of PBMI then everyone should be concerned since half the membership of PBMI could easily be wiped off the rolls using the 1928 CIJR as justification.

1921 July 23 Number 91 Merced Nolasquez 208 Report on Heirship

Testimony of Carolina Nolasquez by kupa821

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

Margarita Brittain

1962 Feb 27 Letter from the Department of the Interior - Margarita Britten Full Blood Cupa Indian
1967 Jan 12 Letter to Pauline Pink Accompanying the 1913 Pala Allotment Roll
1913 Pala Enrollment Approved by Secretary of the Interior
1911 Margarita Britten Selection for Allotment (Brittain)
Robert Smith Acknowledges that the Daughter of Margarita Brittain is 1/2 Degree Indian Blood
September 11, 1989 Department of the Interior Lettter to Pala Chairperson Patricia Nelson On Margarita Brit...
Pala Enrollment Committee - 5 points to be considered for enrollment

Two Indian Workers Attract Attention RIverside County Fair 1916 October 10th to 14th

Article on Tribal Member Disenrollments

This is an aticile published on mondaq.com titled Tribal Membership Revocations: Dialing For Dollars? written by Dennis Whittlesey and Patrick Sullivan.

The Article mentions Pala:

Pala Band of Mission Indians

 

The Pala Indian Reservation is in Southern California, and it houses the Pala Casino which opened in 2001. The casino has been immensely successful, to the point that each tribal member currently receives about $150,000 in per capita payments annually from gaming revenues, as well as housing subsidies, health care, and educational benefits. When the casino's revenues dropped in 2012, the Tribe's per capita payments dropped by $500 per month, and the membership grew disenchanted with the decline in each member's income. The drop in revenue resulted in financial pressure on members who relied on the payments, with the result that a long-simmering membership dispute flared into open hostility and ultimately a massive disenrollment revoking the membership of one-sixth of the Tribe's population.

The Tribe's membership rules require at least 1/16 Pala ancestry. Such "blood quantum" membership rules necessarily lead to an evershrinking tribal membership as members frequently marry outside the tribe. The dispute centered on a single woman named Margarita Britten, who is an ancestor of all of the disenrolled members. The Pala Executive Committee determined on its own that Britten's father was white and not Pala, meaning that all members tracing their Pala ancestry solely to Britten as a great-great-grandparent went from 1/16 to 1/32 Pala blood and no longer qualified for membership. With that decision, more than 160 Pala members were disenrolled, an action that cut off per capita payments, as well as access to health care and all other tribal benefits. Tensions continue to run high on the reservation, with the disenrolled claiming the decision was made solely to prop up per capita payments, while members not affected respond that the disenrollment was an overdue resolution of a preexisting problem.

As for appeals, the Pala leadership took care of that by terminating what might have been a venue for the ousted members to seek judicial relief. In California, tribes may voluntarily settle disputes in the Intertribal Court of Southern California, a tribal "circuit court" providing a neutral forum for appeals of tribal decisions. The Pala Executive Committee voted to withdraw from that court before enacting the disenrollments, so the decision was never subject to review in that court.

The Pala enrollment case was closed before it even was ripe for hearing in that court.

Read Full Article Here at Mondaq.com Tribal Membership Revocations: Dialing For Dollars?

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 - Fullblood Kupa

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

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

Robert Smith Acknowledges Margarita Brittain's Daughter is 1/2 Indian

This is a document signed by Robert Smith acknowledging that the Daughter of Margarita Brittain (Britten), Casilda Welmas, is 1/2 Indian. Robert Smith has been the Chairperson of Pala for over 20 years. Robert Smith Acknowledges that the Daughter of Margarita Brittain is 1/2 Degree Indian Blood

1989 BIA Final Decision - Margarita Brittain is Fullblood

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

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

1910 Federal Census for the Pala Township

Here is the 1910 Federal Census for the Pala Township.  Margarita is on page 4.


1910 Federal Census Pala Township

Margarita Britten Probate

Margarita Britten Probate