Mayor Dale and Tom Shields (still NOT) the Final Authority of Ancestral Rights

Not so fast (self appointed) "Professors" Dale and Shields, there is a couple of things you just may have over looked! Next time do some (ANY) Research!

It is incredible to think that in the past 250 years since we slaughtered Native American in the worst case of genocide in world history and forced them on to God forsaken reservations, that Native Americans could have ever survived at all without BarWest, Tom Shields, and Mayor Dale to explain their Ancestral Rights to them.

In his letter to the Department of the Interior, (no doubt written by Shields) Mayor Dale clearly establishes himself as the final authority on local Ancestral Rights with his vicious attack on the Chemehuevi. Who died and left you ‘THE Decider’ of matters relating to Ancestral Lands anyway Dale? Here is some of those pesky little facts that you had to overlook in the process:

Never mind the role of the U. S. Department of the Interior’s Bureau of Indian Affairs.

What do they know anyway? Well, this is what their website says:

There “are 561 federal recognized tribal governments in the United States. Developing forestlands, leasing assets on these lands, directing agricultural programs, protecting water and land rights, developing and maintaining infrastructure and economic development are all part of the agency's responsibility.”

Office of Indian Gaming Management
“The Office of Indian Gaming Management, under the supervision of the Deputy Assistant Secretary-Indian Affairs for Economic Development and Policy, is responsible for implementing those gaming-related activities assigned to the Bureau of Indian Affairs by the Indian Gaming regulatory Act of 1988 and other Federal laws. The office develops policies and procedures for review and approval of: tribal/state compacts; per capita distributions of gaming revenues; and requests to take land into trust for purpose of conducting gaming. Work is coordinated with the National Indian Gaming Commission and with the state, local and tribal governments that may be impacted by gaming proposals.”

Never mind the role of the role of the National Indian Gaming Association

Mission and Responsibilities
"The Commission's primary mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences; to ensure that Indian tribes are the primary beneficiaries of gaming revenue; and to assure that gaming is conducted fairly and honestly by both operators and players.
To achieve these goals, the Commission is authorized to conduct investigations; undertake enforcement actions, including the issuance of notices of violation, assessment of civil fines, and/or issuance of closure orders; conduct background investigations; conduct audits; and review and approve Tribal gaming ordinances.

Never mind The California Environmental Quality Act (CEQA)

“The California Environmental Quality Act (CEQA) rquires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archeological resources, is a ‘significant effect’ requiring the preparation of an Environmental Impact Report (EIR). The lead agency should include “all appropriate native American groups culturally-affiliated to the project site. Certainly from the NAHC date, that would include persons and tribes of Chemehuevi, Mojave, Kawaiisu, Vanyume and Serrano decent.”

Never mind California Senate Bill 18

SB 18 places the responsibility of initiating consultation on local governments. The purpose of SB 18 is to provide time for tribal input early in the planning process. Besides city staff and tribal representatives, the process may also include applicants and consultants. The local government should contact the tribe first to determine the appropriate level of private landowner involvement, because there may be occasions where the tribe prefers to maintain strict confidentiality without the inclusion of a private, third-party landowner.

The bill requires that, prior to the adoption or amendment of a city or county’s general plan, the city or county conduct consultations with California Native American tribes for the purpose of preserving specified places, features, and objects that are located within the city or county’s jurisdiction.

Never mind the CA Native American Heritage Commission (NAHC)

In a letter dated, 8-13-07 the Native American Heritage Commission (NAHC), a California government agency, the Commission stated that they “are concerned that state law may have been violated if the Chemehuevi Indian Tribe was not given full and reasonable opportunity to comment on and express concerns on either a project planned under the California Environmental Quality Acti (CEQA) or Government Code Senate Bill 18. If consultation was not provided, under either of these two acts of the California legislature, by the City of Barstow or it’s agent, then the tribe in our opinion, has a right to file a complaint with the California Attorney General and the State Historic Preservation Officer (SHPO). The City ….must offer the tribe the opportunity to make it’s case regarding a project that it feels may have an adverse effect on the Native American cultural resources in the Barstow/Mojave Desert areas.”

Never mind Barstow’s own General Plan that has already complied with SB 18 and CA Native American Heritage Commission

Barstow General Plan/Technical Report
IV.2 Cultural Resources Management Plan
Preface – Native American Concerns
(pages IV.2.6 – IV.2.7)

"Therefore, any project must involve consultation with and involvement from local and regional Native American cultural entities as listed by the Native American Heritage Commission. The local Barstow office of the Bureau of Land Management (BLM) maintains a listing of representatives of Native American groups who claim an association with the Barstow area; specifically the Serrano, Kaaiisu, Fort Mojave, and Chemehuevi."

Never mind the Fort Irwin Environmental Impact Report (EIR)

Prepared by Professor David Earl, and commissioned by the military this EIR is hailed as the definitive work on the Ancestral documentation of the presence of the Chemehuevi Tribe. Ft. Irwin sits on a rich archeological site with a history of artifacts that have been unearthed and documented as from the Chemehuevi Tribe. The EIR report and other research on the subject is archived by the Ft. Irwin Base Archeologist, Ms. Lewes Ramirez who can be reached at (760) 380-4865 for confirmation of those findings.

Never mind the Ancestral Rights claims of the Chemehuevi Tribe

Local tribes have historically been carrying the burden of establishing and preserving those Ancestral Claims. Furthermore, under SB 18 and the CA Native American Heritage Commission has empowered tribes as the ultimate authority on these matters. Chairman Wood, of the Chemehuevi tribe, has given the following documentation regarding the history of Chemehuevi presence in the greater Barstow area:

“…the Chemehuevi have used the Newberry Springs, Calico, Daggett, Yermo, Barstow, Silver Lakes, Victorville, Stoddard Valley, Apple Valley, Lucerne Valley, Adelanto and Hesperia areas for thousands of years. Most of these cities are built on the ancient village sites and cemeteries of native peoples. There are ‘sleeping circles’, village sites, individual burials, cemeteries, petroglyphs, and very possibly intaglios throughout the areas. These intaglios are often identifiable from the air and would correspond to those found on the Ft. Irwin Military Reservation just a few miles to the north.

There is the large and ancient village site and cemetery found at ‘Lane’s Crossing’ on the Old Spanish Trail, present day Oro Grande. The “last Indian Battle” in southern California history is said to have occurred at Chimney Rock involving a reported 150 to 200 Chemehuevi, there battles in the Rodman Mountains and the famous Camp Cady military campaign. There is the grave of Maria Chapula who was born in 1856 and lived in a Chemehuevi village now known as Victorville and died at the age of 104, but remembers having lived a short while in a Chemehuevi village in Barstow during her life.

There is the burial site in the Ord Mountains and the Chemehuevi Cemetery near Zyzxx at Soda Lake. There were three cowboys killed in 1856 by 20 to 30 Chemehuevi at the Old Duncan Ranch, which was known as the ancient village of Guapiabit, now knkown as the historic Las Floras Ranch in Summit Valley. According to the US Federal Census, there were 44 Indians living in Hesperia through 1900 to 1910. Further research has shown that 37 were Chemehuevi and the remaining 7 were Kawaiisu. Given all these facts, you can be assured that Chemehuevi lived in and around the present day city of Barstow.”

Finally, Never mind the research BarWest commissioned on the question of local Ancestral Rights

In the hopes of debunking any notion of Ancestral Rights for the Chemehuevi, Barwest commissioned a highly respected local historian to conduct extensive research to try and establish even the most remote connection with either Big Lagoon or Los Coyotes. After thorough studies into the matter, the results of that research revealed the exact opposite findings. Not only was there not a shred of evidence connecting the BarWest tribes to this entire region but in fact the study added even more documentation to the ancestral claims already established by the Chemehuevi Tribe.

But Professors Dale and Shields say: Screw all the facts, laws, Federal, State agencies, and 250 years of history. They are writting their own book on local Ancestral Rights. Just don't confuse them with the facts!

It’s about Ancestral Rights stupid!

It’s about Ancestral Rights stupid! What part of those two words don’t people understand, Ancestral or Rights? It is almost as if you have never even thought about how we went from Native Americans living in peace and in harmony with nature here as the ONLY American citizens on the continent to the ugly history of genocide and forced exile of Native Americans to barren lands we call “reservations”. It is like you never even stopped to think about the deplorable conditions imposed on Native Americans on those reservations or the countless ways that cultural and sacred sites have been violated and destroyed. It is also that you seem to have turned a blind eye to the dire poverty, alcoholism, school drop out, poor health care, and early death that the history of reservations have brought to Native Americans.

So if you are one of those that never even cared enough to take even a brief moment to ponder that part of American history and government policy then I expect you are totally clueless about totally devastating these elements are to things like: cultural preservation, Tribal pride, Native American independence and self determination or Indian Souvernty.

The concept of “the ugly American” is based on our gross cultural ignorance of traditions and customs of people in foreign countries and how we arrogantly try to impose our customs and values on them. But the truth is that Americans are largely ignorant about their own country. Most Americans have a hard time identifying the three branches of government, the name of a single member of the Supreme Court, or often even things as simple as the name of the Vice President or the Speaker of the House. It is often our obsession with consumerism and our often single minded focus on sports or religion that is the reason for our ignorance. But the struggle to survive and build our careers is definitely part of that equation.

Ancestral Rights, A historical Perspective
Still, if we are to begin to understand any of the issues involved with Indian gaming and bringing a casino project to Barstow, it is imperative to fully examine the history and significance of Ancestral Rights and how that relates to the history of our government’s treaties and other agreements with Native Americans. From the creation of the “Reservation” system, Native Americans had to be coerced, bribed, and rewarded into relocating on to these lands that were usually the most remote, barren, and basically the least desirable real estate. Often they were bamboozled into agreements that our government, only to discover that it would be another broken promise for which our combined history has been disgraced with a long legacy of lies and broken promises with Native Americans.

What developed out of those history of treaties and other agreements, was that we established the principal of Indian Sovereignty which established tribes and independent and separate nations. In exchange for being restricted to reservations, Native Americans were granted rights to self determination and control over their ancestral lands. These rights established by the U.S. Government is hardly compensation for the atrocities we committed or the loss of most of their original ancestral lands. But it did offer a glimmer of hope and a scant glimpse of how Native Americans could, with a lot of hard work and a whole lot of luck, just maybe have the opportunity to enjoy the life style that most other Americans take for granted.

Decades before the advent of Indian gaming, Tribes have been fighting for recognition by Congress in order to enjoy those ancestral rights granted in the history of treaties and other related agreements, along with legislation. Some tribes had to jump through all kinds of hoops, lobbying efforts, and even litigation in order to gain that recognition. In fact in many cases it came to identify the struggle of a given tribe as the primary cause they were fighting for so that they too could enjoy the rights and protection afforded the “officially recognized tribes”.

Even with that recognition, the hope and promise of a better life went largely unfulfilled for most of our combined histories. Mostly reservation had stayed in a state of economic depression, extreme poverty, and with out much hope of escape. It is depressing for an “outsider” to spend even a short time visiting those reservations. After graduating from Davis, I decided to take a break from academics and spent six months traveling the “Great Northwest”. Along the way, I had the opportunity to visit numerous reservation scattered over several different states. This was in 1977 and years before Indian gaming had showed up on the radar.

What I witnessed on those reservations made me sick to my stomach. It caused me to recall the words of Thomas Jefferson, that: “I fear for my country when I consider that God is a JUST God; and that his justice doesn’t sleep forever.” The stereotype of the “drunk, alcoholic, unemployed, Indian” was way beyond just a stereotype. The feeling that came over me was a feeling that my patriotism was tarnished by the knowledge of what we had done to these people and how we continued to neglect and abuse them with these deplorable conditions.

The True Story of My Involvement with Indian Gaming

Originally I was project neutral on the issue of Indian Gaming in Barstow. I wasn’t until my research showed the pattern and practice of BarWest buying influence and bullying their way into a process of violating the Ancestral Rights of local tribes as they engage in the despicable practice of Reservation Shopping that I saw the light. I was also turned off by their right wing orientation and their relation to the Jack Abramhoff scandal and Rep. Richard Pombo who I consider one of the worst, most corrupt congressman ever.

Pombo who was soundly defeated in last year’s election was the guy that Tom Delay established as the powerful chair of the House Resources Committee. He used that position to try and abolish the Endangered Species Act, reverse the ban on oil drilling in the protected artic areas, and run interference on the investigations of his mentor Tom Delay. Pombo himself was the number one object of the Jack Abramhoff scandal.

Upon these myriads of revelations, I denounced my support for the BarWest project and for two years or more I started speaking out about all of the influence peddling that BarWest was doing in Barstow. In my opinion, BarWest bought and paid for our Mayor who has been doing their bidding ever since.

During the last election, BarWest made a deal with Chamber of Commerce President Tim Silva that if he would turn the Chamber into a PR branch of BarWest, they would make him the next Councilman. Tim got the chamber to support BarWest and against the Chemehuevi, something that would violate the ethics of any chamber and is undoubtedly illegal when the city gives this chamber $50k in annual support along with cheap rent at the Harvey House.

On the last day before the deadline to file, I was talked into running by some LOCAL activist that felt by doing so I would be able to amplify my voice on issues that I was already speaking out on, such as the environment, local corruption, equal access and economic development. As it turned out, Tom Shields had already secured victory for his two candidates primarily by getting the local caucus and the rest of the BarWest Kool-Aid Club to get out the absentee vote. Shields ran their campaign like the Carl Rove of Barstow and it was financially backed through their local PAC. He ran a slick campaign, the likes of which Barstow had never seen and that their two candidates would never have been able to wage on their own. It was a campaign that did not even rely on the involvement of the candidates themselves. In fact he was instrumental in canceling the only debate that would of exposed the total lack of experience and incompetence of his two candidates.

Initially, I had no expectations of winning but my message of economic development, exposing corruption and protecting our environment, resonated with the community. It also garnished the attention of some highly respectable residential and commercial developers. These were quality 'community planning' oriented developers who had a 50 year history of having been scorned by the local cronies who have held power in Barstow since time immortal. The local cronies use Mayor Dale and Economic Development Director Ron Rector to steal projects away from any developer that is not part of the ‘local cronies’ and move them to the cronies‘ properties.

The developers that supported my candidacy felt that the only way to proceed on their quality projects was to change the political landscape. The irony is that they are all Republican and they supported this strong Democrat leader because I have a background in business and have always worked closely with the business community which is most often Republican in orientation. My parents were both GOP Republicans (NOT neocons) and I was raised in a GOP environment. While I have never been a Republican, I have embraced many of the old values of the GOP such as balancing the budget, less government regulations, protecting privacy rights and civil rights. All of which have been lost on the neocons that are destroying the Republican party in my opinion. Nonetheless, any of the old fashion GOP type people that I have been involved with are those that can relate to my approach and values in business.

Along with some small individual donors, these Republican developers who I highly respect, financed 100% of my campaign. It was not until a week before the election that I made contact with a member of the San Manual Tribe when I was participating in an event of Congressman Joe Baca. I told them that I was fighting the cause for Ancestral Rights and Indian Sovereignty and against reservation shopping. I explained how I was alone in fighting for what is the cause of the true legitimate Native American fight for self determination and that I could sure use some back up. After much deliberation within their tribal leaders, they broke from their long standing policy of NOT getting involved here in Barstow and reluctantly made a one-time campaign contribution of $2500. That much needed contribution was received a month after the campaign and was used to retire some of my campaign debts.

For the record, I have NEVER received a singe penny from any tribe to represent them in any capacity. I have NEVER been asked to represent a particular position or take any action on their behalf. I Have solicited input on how I could support a legitimate project here in Barstow but have yet to get any input or advice whatsoever.

Over the course of the past few years, I have come to know Chairman Wood of the Chemehuevi Tribe and on one occasion I had the opportunity to meet their Vice-Chair Shirley Smith. I have been taken back at how honorable they have been and have always taken the high road. I know for a fact that they did not support either Measure H or the recall of Councilman Luellig. I have NEVER seen nor is their ANY record of the Chemehuevi ever attacking BarWest or engaging in the underhanded tactics that is the hallmark of BarWest.

As a Political Scientist, I have a life long passion for the values and causes of the Democratic party. I have been a community activist on issues such as the environment, alternative medicine, equal right, code enforcement, and civil rights. I have come to view Ancestral Rights as being the equivalent of civil rights for Native Americans.

While I would feel honored to serve as a consultant to any tribe seeking to secure or preserve their Ancestral Rights, this has yet to happen. If it did, you would hear it out of my own mouth first and not something that would be hidden before being leaked by the likes of BarWest and their scumbag spin doctor Tom Shields who is now making false allegations of extortion against me. I would wear a consulting contract with a tribe with legitimate Ancestral Rights like a badge of honor. And I would be anxious to be ‘in the face’ of the Mayor, Tom Shields and the entire BarWest Kool-Aid Club. All of my ‘speaking out’ on this issue has been motivate SOLELY by a desire to expose local corruption and standing up for Ancestral Rights. Also, I feel that by speaking out on this issue it might hasten the day when a legitimate, local tribe can bring a casino project to this historically economically depressed community.

I am currently serving as a consultant on economic development and politics. I do this to support what is my main cause and passion. My wife Michelle and I are the founders of the Earth Haven Foundations for Kids which deals with children who are born with substance abuse to parents that are drug addicted. We are the adopted parents of a total of eight of these children and we will take on more when funding becomes available.

THIS is your 'Verifiable' honest to God truth. In my opinion, Tom Shields and his BarWest Kool-Aid Club are directly attacking these child victims by attacking me with their filthy lies, character assassinations and deceptions which are nothing more than the worst kind of libel and slander. But then we all expect nothing less from these sleaze bags.